Sunflower71
New
Reged: 11/14/07
Posts: 6
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Divorce decree had filed and finalized and EX filed 60B motion that has taken 11 months and still not ruled on. Is the decree that was filed valid or enforced??
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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Yes , the decree is valid and enforceable but subject to revision if the motion to vacate is upheld .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sunflower71
New
Reged: 11/14/07
Posts: 6
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I have upheld my end of the decree, when will he have to do the same??
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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What part of the decree is he trying to vacate ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sunflower71
New
Reged: 11/14/07
Posts: 6
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Anything that he doesn't like. Or cost him money.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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So property division , alimony and maybe child support ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sunflower71
New
Reged: 11/14/07
Posts: 6
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After 27 years, our children are adults. He was ordered to get the house on the market back in March 2006, still not on the market. And he doesn't remeber agreeing to lifetime alimony.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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He doesn't remember ? Perhaps someone should show him a transcript . Let me guess , he's pro se ? Your best bet is still a contempt motion with a request he be responsible for ALL legal fees . I can't undrstand why the 60b motion is taking so long , the court with jurisdiction over the divorce is responsible for accepting or rejecting the motion . Is this possibly an appeal of 60b that was already rejected by the trial court ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sunflower71
New
Reged: 11/14/07
Posts: 6
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The magistrate has not made a ruling so far. I have moved out of state and had to go back to Ohio 6 times since March, and on Monday will be my 7th. I am so frustrated by the whole process I have been through. I feel my soon to be EX has had more rights then me. I have had to spend most of my alimony just to defend myself against his filings. Now I am having to give up the hosue I was living in and my job because my boss couldn't have me out of the office almost every month. I just wonder how I can ever bounce back from this.
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