In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit. … A lawyer can help decide whether you have a legitimate case or not.
How long can an ex wife claim money after divorce?
There is a time limit set by the Family Law Act 1975 in relation to parties bringing claims for a division of property following the end of a relationship. In the case of a marriage each party has 12 months from the date of a divorce to file a claim with the court.
What happens if my ex doesn’t follow the divorce decree?
But here’s what to do if your ex doesn’t follow the divorce decree.
- Determine the violations. Review the decree to see which provisions the ex-spouse has failed to fulfill. …
- Gather evidence. …
- File a motion for contempt of court.
20 авг. 2020 г.
Can I sue my ex wife for keeping my last name?
Unless she is pretending to be someone she is not or that is not a legal name for her you cannot sue her. The court order grants her the right to change her name but it is not official until she does it officially with the state.
Can I take my ex husband back to court?
Whether your former spouse is trying to change their child support payments, alimony payments, or custody terms, they can bring you back to court to try to modify the divorce order.
Can my ex get my money after divorce?
Generally, an ex-wife has no rights to money her spouse earns after a divorce. In the event the judge awards alimony or child support; however, she will be entitled to a portion of it.
Can my ex wife go after my inheritance?
In the overwhelming majority states, an inheritance is considered separate property, belonging exclusively to the spouse who received it and it cannot be divided in a divorce. That holds true whether a spouse received the inheritance before or during the marriage.
Can ex wife claim my pension years after divorce?
When a couple gets divorced their pensions are usually included in the financial settlement along with property and other assets. Without a ‘consent’ or court order confirming the settlement, both parties can make a claim on their former partner’s pension, regardless of how long they’ve been divorced.
What do I do if my ex husband violates a divorce decree?
If your ex-spouse violates any aspect of the final decree of divorce, you can file a motion for contempt of court. You can do this as a pro-se litigant or through your attorney. A copy of the contempt motion has to be served upon your ex-spouse. If you have an attorney, he/she will take care of serving your ex.
Can a finalized divorce be reopened?
In California, a divorce settlement is only able to be re-assessed or reopened if there are exceptional or compelling circumstances at hand, which often center on fraud or misrepresentation in court. … If they center on any duress you might have been under, you have two years after your divorce to make a complaint.
Why do ex wives keep their ex husband’s last name?
Some keep their married name so they have the same name as their children. It helps their kids have a continued sense of family that they, their mom and their dad share a last name. If they’re still close to their in-laws or even with their ex, they may also feel that they want that continued sense of family with them.
Are you still Mrs after divorce?
Changing your surname doesn’t affect divorce proceedings or your eligibility to be divorced. You can use any title you wish. You might like to be called “Mrs.” even after divorce, or you may prefer “Ms” or “Miss”. … If you do alter it by deed poll, then you can specify your new title in that document.
How hard is it to change your name after divorce?
The process varies by jurisdiction, but in most states, it’s pretty easy to request the divorce court judge to enter a formal order changing your name after divorce. If your divorce is finalized and contains a court order regarding your name change, that serves as an official record of your name change.
Can I sue my ex husband for emotional distress?
Proving Emotional Distress
You will have to prove that the conduct of your spouse has caused you a requisite level of harm. Since there is no physical injury, you must show that the defendant acted intentionally or recklessly, and that the action was extreme and outrageous.
Can you renegotiate a divorce settlement?
There is hope and it is possible to renegotiate a divorce after the divorce is final. If there has been a material change in circumstances, then there are possibilities to renegotiate the divorce settlement. … However, the division of property that has been negotiated in a settlement is final and cannot be renegotiated.
Can a judge overturn a divorce agreement?
One or both spouses can seek to appeal or modify their divorce decree. The following is an overview of the appeals and modification processes. Once the divorce is completed and a judgment entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court.