Can you sue your ex husband in small claims court for debts that incurred during the marriage?

Question

I was told that everything had to continue in family court? Is there a time period that i have? My divorce was finalized in sept 2007.

Answer 1

No, the divorce settles it and new disputes must be brought up in family court.

Answer 2

normally your divorce resolves all outstanding matters from the marriage . They dont want you going back to court as you think of more stuff, so there is normally a settlement on all matters.

If there isnt then the lawyers didnt do a good job , but you can sue in small claims or any other court. Child support and custody can ONLY be heard in family court.

Answer 3

Most of the time debts incurred during the marriage are considered the responsibility of both parties. Unless you have documentation that proves he incurred them without your knowledge. If it's a small enough amount to be dealt with in small claims court it's likely hardly worth it.

Answer 4

you may attempt, yet possibility is extreme that the main suitable judgement will superceed the rest that became signed earlier the date of your divorce. I foolishly signed an contract with my ex & I have been given screwed out of each and every thing! Even my very final judgement became worded in a fashion that became a sham & now that (his) lawyer has grow to be a choose, no one will touch my case! classes found out often come an afternoon previous due & a dollar short! i might definately provide it a attempt if I have been you. you may by no skill see the money, yet you have gotten a judgement entered & wreck his credit status! this could be basically slightly payback that basically may be rather well worth the fee of the submitting fee! If the main suitable decree did not say who gets the motor vehicle, then why not're taking your letter to the dep. of motorized automobiles & have the call transferred into your call, then repo the motor vehicle. as quickly as that's on your call, there is not something he can do, different than sue you in return! in case you basically prefer his address, then perhaps that's on checklist with the motor vehicle identity & plate quantity. See in case you may get a printout which contain your letter from him to you at you interior sight DMV place of work. If not, then deliver his courtroom papers to his final nicely-known address, with the help of way of qualified mail, & you have gotten data no remember if that's undeliverable, not picked up, or forwarded to a clean address.

Answer 5

Nearly all divorce decrees will have a provision in them that states that each party releases the other from any claims that arose prior to the divorce decree. If your divorce decree says this, then you can't successfully sue. However, if by some miracle [and this does happen every now and again] it does not say that, then you can sue if the divorce decree does not cover the property at issue in that claim.

Hope that helps.

Answer 6

Debts that did not benefit the family or did not redound to the marriage can be collected from the husband in a small claims court.

Answer 7

Take him into court asap. Don't let fees build up and yes, debts obtained by both of you during marriage should still be paid by both of you. Small claims court is your way to go. Have proof for EVERYTHING on hand if he's not exactly honest all the time.

Answer 8

Your divorce should have specified division of assets and debts.

In general, any debts incurred during the marriage are equally owed by both the husband and the wife.

Answer 9

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Answer 10

I think you could. I don't have the answer in FACTS so I can't really tell you for sure or not. One thing I can tell you is don't listen to any of these people who are giving you answers UNLESS they have it in FACTS, like a law in black and white or something. Many (not all) just speak out of their *** or something and feel that Yahoo answers is their gateway to be the next Jesus or something. I'm sorry I couldn't give you the answer you were looking for.