Legal Question in Family Law in New Jersey
Post divorce settlement agreement
The divorce is final when we realized that one joint stock account created from a former job I had did not make it in the final property settlement agreement. There are emails from my ex-spouse which clearly show that I get the account. The email describes assets and who gets what. All other items in this email were addressed in the final agreement. They were split as the email described. His intention is clear that I receive this account yet now he is using the fact that we were remiss in checking the final settlement agreement against me. My ex-spouse is now trying to control the account when in emails from him it was stated I get the entire account. I know the account belongs to me as everything else in that email was addressed in the final settlement agreement. The attorneys and myself and ex-spouse missed the fact that this one stock account was missing from the agreement. Do I have a legal leg to stand on with my ex-spouse or if I pursue this with attorneys, will I end up having to split the account? It truly is not right and I don't want to waste money in legal fees if I end up having to split the account. Please advise. Thanks.
2 Answers from Attorneys
Re: Post divorce settlement agreement
No divorce attorney in his/her right mind could possibly tell you what the answer to your question is, based only on your question. If you are asking the question on this BBS, it is pretty clear that your current attorney is not answering it for you in a fashion satisfactory to you.
It is very likely to be expensive and repetitive to hire another attorney after the agreement and divorce. However, you may want to get a second opinion; you will need to show the attorney ALL of the documents having to do with this.
If you and your exspouse do not reach a satisfactory agreement, then you can file a motion to ask the Judge to determine ownership of the account. You need not be stuck in limbo.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Post divorce settlement agreement
The exchange of writings can create an agreement. On the other hand the typical property settlement agreement provides that it cancels any other, prior agreements. It is a gray area which I would expect a court to resolve in your favor.
Whether you should agree to split the account and put the matter behind you or go back to court to correct a clear oversight depends on how much money is in the account. If the account has only a few thousand dollars divide it. If the account has tens of thousands of dollars, go back to court
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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