Legal Question in Family Law in Indiana
I had signed a general contract I had written up from an online document drafting service with my ex wife about the finality of our divorce. other than this, we had divided everything up amicably without a contract. it stated that:
1. I would refinance our house to get her off the mortgage as soon as I was financially able
2: we would split her 401k (that she accrued during our marriage) 50/50
3. she would pay me money she owed me from during our split-up in the amount of about $1300, AFTER she had gone through with her bankruptcy.
I am still not financially able to refinance, but she informed me last night that her 401k was depleted due to her being "sued" for nonpayment (she wasn't clear on this, but given her history, it seems plausible).
our general contract is not notarized. is it still admissible in court? is there any way I can get a court to force her to surrender a 401k statement (so I can see how much money from the 401k I am owed), and force her to pay me that AND the money in part 3 of the contract, even though she didn't go through with her bankruptcy? I assume by her fraudulent activity regarding to part 2 that I will never see the money in part 3 either.
2 Answers from Attorneys
It all depends on whether your decree says these things specifically, or by reference and incorporation of the "contract", normally referred to as a marital settlement agreement. Take your decree to an attorney; you need to spend a little money to protect yourself.
If the agreement is just something you had "on the side" without court approval, then you have a much bigger problem. Notarization or not is the least of your problems.
I agree with Jay, you need to contact an attorney immediately. It also sounds as if you and she may have committed bankruptcy fraud. Although, online forms may be o.k., for some things, your situation is a prime example of why using online forms for use in court procedures is not the best route to go.
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