My wife has filed for divorce but there is something that I need to clarify first before this divorce is agreed upon. The problem is that I have a court order that I cannot contact her even via third party. Our only connection is a car loan and the paper says that we have agreed that she will take over payments and ownership of the vehicle. We have not even talked personally. The only thing that was said was me giving her the account number (through my lawyer) so she could make the car payment. I want my name removed from the loan not just for her to take over payments.
I wanted to know when I write my response to her lawyer is this considered contesting the divorce? And also, if my response ends up being unsuccessful, would it be too late to get a lawyer?
I am wanting to know if this response will be considered contested and will I need a lawyer because if it is not contested then I can just my current defense lawyer (if I need one).
Thanks
2007-11-24 08:44:02 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Are you saying you have a restraining order against you? Well whatever you do do not contact her in any fashion. You should probably contact your attorney before you contact hers. As far as her lawyer contacting you over an account number that she should already have or she should be able to get it if her name is actually on the car. You gonna have to sign your name off the car before you are no longer responsible for it. If she has the car fails to pay and its still in your name you will get the bad credit for the car and she will as well if its in both your names. You need to talk to a lawyer or call the finance company and contact them tell them what is going on and ask if there is a way to get your name off. If you cant get your name off the car and she still gets is you can always take her to small claims and make her pay up.
2007-11-24 08:56:06 · answer #1 · answered by fantasy gal 5 · 0⤊ 0⤋
I don't know anything about the law. Might be dependent on the state you live in. When I lived in Missouri I just got a divorce in May 2007 it was final. Mine was called a non contestant divorce. That's because we BOTH agreed to all terms. Neither one of us argued over anything. I think if you present your terms and she agrees then it should be nc. If she disagrees then one of you is contesting something. We only had 1 lawyer. He was considered my lawyer so if we did have a disagreement he would of had to get his own. So I guess if everything goes smoothly. You shouldn't need one. Things can change in an instant so better safe then sorry. Maybe call a lawyer and get advice. Some lawyers will talk to you on the phone. I went through teh phone book and went down the list. I got the info I needed. Some wouldn't talk to me on the phone. Good luck. Hope yours goes as smoothly as mine did.
2007-11-24 17:40:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You do need an attorney...So he can contact her lawyer, and keep you out of the middle....State by state, there are differences, but in NC, there is first a separation agreement, separation for one year, then the decree of divorce...Under our law, you are not contesting the divorce, you are contesting and clarifying a term of separation. If the vehicle loan is in your name, and you give the vehicle to her, and she defaults on the loan, the bank will hold you liable.....Your lawyer can quickly clear this up with a written, and notarized separation agreement....Friend, don't get ripped off, get a lawyer....
2007-11-24 17:58:01 · answer #3 · answered by Pullet Surprise 5 · 0⤊ 0⤋
Its never too late to get a lawyer and yes this would be considered contested. Though this would work so long as she doesn't default on the loan. If she does she will be held in contempt of court and you could go back to sue her for damages...though it won't do anything for your credit rating. But choosing for her to get a loan to get your name off the loan would be the safest option...unless you know that she will in fact pay the loan.
2007-11-24 16:56:24 · answer #4 · answered by gypsy g 7 · 0⤊ 0⤋
You need legal council
2007-11-24 17:01:47 · answer #5 · answered by dd 2 · 0⤊ 0⤋
don;t cooperate
sounds like she's playing hardball, so eff her.. don;t reply to anything. the more you jerk her around, the more her attorney costs her
2007-11-24 16:49:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋