Legal Question in Family Law in Indiana
My name is Brenda Berrios. I have a question. I am already in the middle of the divorce process. The state is Indiana but I am living in Mexico. Me and my husband signed a document, SETTLEMENT AGREEMENT AND DECREE OF DISSOLUTION OF MARRIAGE where he agrees to keep all the debts, (credit cards) on 5-28-09. After this I received a VERIFIED PETITION OF DISSOLUTION OF MARRIAGE filed on that same day where the petitioner Marco Antonio Reyes Rocha, my husband, wishes to divide all the debts. We have a friendly relationship, and he states that he made a mistake and filled out the wrong document, for which, according to him, the court says there is no problem. He says that the document that will count is the SETTLEMENT AGREEMENT AND DECREE OF DISSOLUTION OF MARRIAGE of the 5-28-09. Also I received a SUMMONS that my husband is telling me that I have to sign it on the back and send it to MADISON CO. UNIFIED COURTS asap and it will only mean that I have received this document (according to him). Next I received a NOTICE that states: ORDER OF JULY 29, 2009. Matter before court for final hearing on Waivers; however, there is no Service on Respondent. Case re-.set for September 11, 2009 AT 8:30 AM...Petitioner must obtain good service on Respondent before next final hearing or the case will be dismissed. Stephen D. Clase, Magistrate.
I want to know what this means and what I should do. All I want is to divorce by mutual consent and my husband has agreed on keeping all the debts from the Credit Cards which constitute all the debts we have together. We have no children. We get along fine. According to my husband he filled out the wrong paper or checkedmarked the wrong item but he wishes to keep all the debts.
The only document I have that states this is the SETTLEMENT AGREEMENT AND DECREE OF DISSOLUTION OF MARRIAGE .
Thank You!
Brenda Berrios
1 Answer from Attorneys
This means one of two things, either your husband is telling the truth and the signed agreement will be ebtered with waivers of final hearing, ore he is setting you up for a default divorce.
Your best bet is to hire local counsel.
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