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

• My ex lied to me about selling our home after we were divorced. What can I do?
• Do I have to sign my divorce papers before our property settlement papers are signed?
• I recently found out that my ex-wife's mother forged our marriage license. I've been paying child support and spousal support for many years. Can I get that money back?

Question: 

In our decree we agreed to split proceeds from the sale of our home. I was told our house was sold a few years later, but I didn't receive my portion because of repairs we made to the house, attorney fees, etc. Turns out, the house was never sold and I was lied to while my ex is renting it out.

I have the divorce decree and that's about it; no other court documents that I never received and I didn't use an attorney so I'm the only one who could have them. What do I do? Where do I go from here?

Answer:

Unless your case was sealed from the public record, you can obtain copies of the documents for your court hearings in your court file. Cases are rarely sealed (except to protect privacy for sensitive issues, like child abuse and neglect or high-profile divorces and finances), so chances are good yours is still a public record. The record will include transcripts from the hearings, which may be in typed form or on an audio or video cassette ready to be typed. Each case is assigned a unique number known as a “docket number” or “file number” or “case number” to identify it in the public record. Look for your number on your divorce decree.  Take the number with you to the courthouse and ask to see the file. You may have to pay a nominal fee to cover the cost of any copies you make and a service fee that may be by the hour or by the page for any transcripts you request.

First, review the file thoroughly. I strongly encourage you to have a lawyer’s help, because court files are filled with legal jargon that you may not understand.

Then, consider what enforcement options you have. Again, you should have lawyer’s assistance to abide court rules and drafting requirements and to speak on your behalf. Depending on the nature of your ex-husband’s wrong, you might be able to file a motion to have him held in contempt for failing to honor the court order, which could include fines, attorney fees, court costs and jail time.

This is only general information. Please discuss your case with an attorney in your area immediately for legal advice. I am a Michigan attorney and cannot give you advice for your case or the laws in your state, Texas. Do not rely on this answer as establishing an attorney-client relationship. Cordell & Cordell, P.C. does have offices in Texas to assist you. Thank you for submitting a question to Cordell & Cordell, P.C.

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.

Question: 

Do I have to sign my divorce papers before our property settlement papers are signed?

Answer:

First let me preface my answer by stating that even though I am licensed to practice law in the State of Kentucky, I am unable to provide any specific legal advice pertaining to your questions, without knowing all the facts and issues that are associated with your case.

Generally speaking, if you are not represented by an attorney, I would not recommend signing anything without having an attorney at least review the documents that you are signing. Any document that you sign and file with the Court could be deemed an admission and if there are any statements contained therein that are adverse to your position, you may regret signing such documents. I am unsure what you are referring to when you say divorce papers, but if you are talking about an appearance and waiver notice (which are common when one party is not represented by an attorney) I would not recommend signing such documents. Sometimes waivers contain language that releases the opposing party from providing you notice of anything filed with the Court.

Question:

I recently found out that my ex-wife's mother forged our marriage license. I've been paying child support and spousal support for many years. Can I get that money back?

Answer:

First let me preface my answer by stating that even though I am licensed to practice law in the State of Kentucky, I am unable to provide any specific legal advice pertaining to your questions, without knowing all the facts and issues that are associated with your case.

It is highly unlikely that you would be able to recover anything that you have previously paid due to the fact that your ex-wife’s mother forged the original marriage license. It would be an extremely hard case to prove to the Court that that the marriage license was forged and even if you were successful, the Court would not order that you be able to recover the child support that you paid over the past 12 years. Giving that it would be a hard case to prove, you would also want to weigh, how much this potential litigation would cost you versus what you would hope to receive in a judgment from the Court and keep in mind, that once you receive a judgment, you or an attorney would have to attempt to collect on that judgment.

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.