Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2013
    Posts
    1

    Exclamation What to Do if Your Divorce Isn't Valid

    My question involves a marriage in the state of: Texas, Bexar County

    County records website includes the divorce and cause #, and has a status of "disposed" (like all legitimate divorces). I paid an attorney as a plaintiff in 2002 to represent me in a divorce, my ex hired an attorney to represent him, our children are in their 20's. We attended court, had it recorded, the judge announced that we were divorced and hit his gavel... also announcing that I had gotten my maiden name back.

    My ex informs me that our attorneys negated that case and never filed a decree because of non-payment and that we are still married. I had never heard this until the IRS caught up with him 2 years ago for not paying income tax .. ever. Very convenient. So, I dug deeper into the related court documents which confirmed this. I found that my ex's attorney filed to withdraw the divorce because of non-payment. The court processed it thus cancelling out the divorce. I was never notified by the court, my attorney or anyone until now.

    My ex is willing to get a fast no nonsense divorce, in fact we drew up a generic decree referencing the original cause #, and discovered that we would have to start all over, file it for a minimal fee through the state attorneys office, all without hiring attorneys.

    My question is this - Can he or will the IRS make me responsible for tax problems? Should I hire a private attorney to draw up the divorce decree that covers me? How much would this attorney charge me? There would be no dispute or any property or children involved and I'm not willing to pay much, so what is your advice? thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,348

    Default Re: Discovered I'm Not Divorced from 2002

    Wait. The attorney withdrawing does not cancel the divorce.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,004

    Default Re: Discovered I'm Not Divorced from 2002

    That's correct. However, a final order must be entered. It's possible that despite the verdict from the bench, the failure to submit a final order for entry resulted in the case being dismissed for non-progress. Any party who formally appeared would have had notice of the dismissal at their address of record, so this should not be a surprise.

    If in fact no written judgment was entered, I suggest retaining counsel to petition to reopen the case and then to submit a proposed final order for entry. The passage of time in this case is not your friend, and a court may be reluctant to reopen a decade+-year-old matter. If you want to know what an attorney would charge to assist you, you will have to call some law offices and ask about their fees.

  4. #4
    Join Date
    Oct 2006
    Posts
    5,977

    Default Re: What to Do if Your Divorce Isn't Valid

    Quote Quoting nanciscom
    View Post
    My question involves a marriage in the state of: Texas, Bexar County

    County records website includes the divorce and cause #, and has a status of "disposed" (like all legitimate divorces). I paid an attorney as a plaintiff in 2002 to represent me in a divorce, my ex hired an attorney to represent him, our children are in their 20's. We attended court, had it recorded, the judge announced that we were divorced and hit his gavel... also announcing that I had gotten my maiden name back.

    My ex informs me that our attorneys negated that case and never filed a decree because of non-payment and that we are still married. I had never heard this until the IRS caught up with him 2 years ago for not paying income tax .. ever. Very convenient. So, I dug deeper into the related court documents which confirmed this. I found that my ex's attorney filed to withdraw the divorce because of non-payment. The court processed it thus cancelling out the divorce. I was never notified by the court, my attorney or anyone until now.

    My ex is willing to get a fast no nonsense divorce, in fact we drew up a generic decree referencing the original cause #, and discovered that we would have to start all over, file it for a minimal fee through the state attorneys office, all without hiring attorneys.

    My question is this - Can he or will the IRS make me responsible for tax problems? Should I hire a private attorney to draw up the divorce decree that covers me? How much would this attorney charge me? There would be no dispute or any property or children involved and I'm not willing to pay much, so what is your advice? thank you.
    I am answering the tax question only. You can never be held responsible for his tax issues unless you filed a joint return with him for the tax years in question. If you haven't filed a joint return with him since 2002, his tax problems are NOT your problems.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Is a Divorce Valid After it Has Been Vacated
    By gators10 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 02-09-2012, 11:29 AM
  2. Eligibility to Marry: Married Before Spouse's Divorce Was Final - Is My Marriage Valid
    By baaybgyrl in forum Marriage and Civil Unions
    Replies: 3
    Last Post: 11-06-2011, 08:19 PM
  3. Divorce: How to Make Divorce Abroad Valid in the U.S.
    By Sivananda in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 09-18-2011, 10:35 AM
  4. H Visas: Is H4 Visa Still Valid After Divorce
    By Violet in forum Business and Employment-Based Immigration
    Replies: 3
    Last Post: 01-23-2010, 10:46 AM
  5. Eligibility to Marry: Is Second Marriage Valid, Where Divorce Was Not Finalized?
    By sedona in forum Marriage and Civil Unions
    Replies: 1
    Last Post: 04-23-2005, 02:50 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Divorce Lawyer
Facing divorce? Get a free consultation with a local divorce attorney.




Untitled Document