Facing a divorce?

Get private, personalized proposals from top-rated lawyers ready to help you.

  •  
  • Form_step1_v2
    Submit your info in confidence
  •  
  • Form_step2_v2
    View lawyer proposals privately
  •  
  • Form_step3_v2
    Contact the lawyers who interest you

Divorce decree vs. divorce petition - when settlement varies

Asked over 2 years ago - Richland, WA

Flag

If a clause about settlement terms was included in the petition for divorce or other divorce documents, but is NOT included in or referenced to in the actual [finalized] decree, is it upholdable?

My ex and I agreed I would get his name off the mortgage to our house (quit-claimed to me) after the divorce was final. We marked "does not apply" on the decree to Real Property Judgment, and didn't include that stipulation anywhere else in the decree.

I was delayed in complying with that, so in retribution, he has defaulted on his maintenance payments to me. I now have the paperwork to update the mortgage, but it will cost me nearly $2000 to do so. Do I have to? Can I force him to pay the bank fees??

Thanks.

Additional information

I do want to get him off my mortgage so I can be done with him. But I didn't know it was going to cost so much, so I'm tempted to refuse to do it until he pays the $2000 in fees.

But, he's already refusing to pay the remaining $1700 in maintenance payments he owes me, so I'm nervous about fighting over the fees and not getting ANY of the money. (Although the divorce decree does say I can garnish wages or whatever if he's more than 15 days late on maintenance payments, which he is.)

Attorney answers (1)

  1. Licensed in WA

    Pro

    Auburn Divorce / Separation Lawyer
    Contributor Level 18

    Answered November 03, 2010 21:50. The facts you relate are complicated. You should retain an experienced attorney to review the pleadings and interview you fully before advising you about your realistic options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,606 answers this week

2,686 professionals answering

Find Divorce Lawyers

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary