Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• She was ordered to refinance the home but she still doesn't qualify and now the creditors think I'm liable. What can I do?
• We are U.S. citizens but married in another country. We are planning on getting divorced. Can I return to my country after the divorce? Will I have to pay child and spousal support?
• In the divorce papers I was served with there are numerous false statements. I realize I have 30 days to respond, but I have no idea where to begin.

Question:

My ex got the house in assets and the mortgage and note in debts. I told the mortgage company to take my name off as she couldn't and still can't qualify to refinance because she has no job. She has quit paying the mortgage and has since moved out. The bank bought the mortgage and refuses to take my name off or inform credit companies that it's not my liability. What recourse do I have?

Answer:

I must begin by stating that I am not licensed in Florida and therefore cannot give you specific advice, only general knowledge.

Often parties in divorces who are ordered to refinance a home in their name cannot. This leads to the type of situation you are currently in. Unfortunately, creditors are not parties to your divorce and therefore the judgments are not binding against them. Generally, many attorneys will put somewhere in the order that both parties will indemnify or hold the other harmless if they are sued on a debt they owe. While the creditors do not have to follow this judgment, the parties do. If one Party “A” is ordered to refinance and pay a loan and fails to do both of those, he/she may be liable on the harms that come to Party “B”.

Because I do not know all the facts of your case I cannot give you more specific advise. If you need additional legal advice or representation, you should speak with an attorney in your area immediately. Cordell & Cordell, P.C. has attorneys in Florida who would be glad to review your case, if you should choose.

William Halaz, III is a Staff Attorney in the Arnold, Missouri office of Cordell & Cordell, P.C. Mr. Halaz is licensed to practice in the state of Missouri. Mr. Halaz received his bachelor's degree in Political Science from Southeast Missouri State University. Then continuing his education, received his Juris Doctor from St. Louis University’s School of Law.

Question: 

We are U.S. citizens but married in another country. We are planning on getting divorced. Can I return to my country after the divorce? I understand I'll probably have to give child support no matter where I live, but what about spousal support? We both currently work but if she loses her job will I have to also support her while I'm back in my home country?

Answer:

First let me preface my answer by stating that I am not licensed to practice law in Virginia, so I am unable to give you any specific advice regarding your question because I am not familiar with Virginia statues and rules. However, I can give you a general response to your question, although for specific advice you need to speak to an attorney licensed in Virginia. 

A divorce proceeding does not restrict the movement of one of the parties. The only time that a divorce process may restrict a parties movement is when children are involved and one parent wants to move with the children away from the other parent. In those instances, the court may restrict movement. If you are not moving with the children then you should have no restriction to move back to your home country.

Spousal support is generally up to the discretion of the court and is dictated by each states individual statutes. Whether you have to pay or not pay spousal support will most likely be dictated by Virginia Statutes. The theory behind spousal support in some states is that it is meant to be a rehabilitative tool, to allow one spouse the ability to reenter the job force or try to improve their current employment, so that they will be able to sustain themselves once they are no longer supported in the marriage. An attorney in Virginia will be in a better position to give you specific advice based upon the facts of your case as to whether a Court may require you to pay spousal support.

 Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

Question:

I was recently served with divorce papers. I have read the Complaint and Summons and there are numerous claims and statements that are completely untrue. I realize I have 30 days to respond, but I have no idea where to begin.

Answer:

First, I must preface my answer that I am licensed to practice law in Nebraska. I can give you some general information, but I suggest you consult with a domestic litigation attorney licensed in Alabama before taking action.

Generally, your answer should be short and sweet, filled with statement such as “Defendant admits/denies the allegation(s) contained in Paragraph X of Plaintiff’s Complaint”. If you don’t know whether the statement is true or not, you can say so. For instance, “Defendant is without sufficient information to admit or deny the allegations in Paragraph x of Plaintiff’s Complaint, and as such, denies.” Do not worry about actually proving or disproving anything alleged in the Complaint, the time for that is later. For now, you are just stating whether you believe it’s true or not.   Also, this is an opportunity to file a Counter-Complaint, if you would like.

There are so many pitfalls in litigation and the stakes are so high, I can’t stress enough how important it is to find an attorney to help you through the process.

Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.