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  • Can we file divorce ?

    Hi There

    Can we file for divorce even though she won't sign a seperation agreement now. .she was the one providing the agreement in the first place and now won't sign.

    He currently pays full table amount & extra expenses at 50%. He doesn't owe her anything additional, all disbursements are completed.

    She now wants to sue him for retro child support (he didn't pay child support when he left because he had to pay her mortgage and daycare)until the house sold, now he pays, all of a sudden she wants spousal and a higher percentage of child expenses.

    They made almost the same amount of money, and she ran up a tremendous amount of debt over 120K. She has ran up debt again. They have been seperated for a year and a half.

    Wondering 2 things can we file the papers for divorce and will the judge look at her as being petty because she got herself in another debt situation.

  • #2
    I do not think she will get awarded retro child support since she did not request this initially, it's been 18 months.
    She may not likely get spousal support either, again because it's been 18 months and she had to have been doing something to be self-supported during that time.
    Any debts she has incurred as a result of her personal choices after the date of separation are her debts alone (of course there could be other reasons that may cause a few things here & there to be looked at), but unless she ran up a line of credit for example to support the children because he was not paying her any support (which again should have been pointed out by her 18 months ago), it's unlikely that she can get all or a portion of what she is seeking.

    Do not take the 'she's being petty' route, simply present the facts as they pertain to items at hand and the judge will make their own determination as to the pettiness of it all (to themselves of course).

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