Legal Question in Family Law in North Dakota

How do I change a judgement that I believe is unfair in a divorce

I was divorced in March of 2005. We had 2 houses that needed to be sold to divide those assets. In the divorce we split 50/50 all property.(kids are grown). When houses were sold the judgment was to hold my share of the house assets for 2 years and disclose my income for the next 3 years and then determine spousal support at that time. Our incomes and education are comparable. Is there recourse for me? My attorney will not call me. He did almost no questions during our hearing. Thanks for your time.


Asked on 12/27/06, 8:25 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: How do I change a judgement that I believe is unfair in a divorce

You MAY BE entitled to release to you of your share of any funds that may have been held, upon the sale and disposition of your marital property. And, you should demand same, from the agent, or fiduciary holding your assets.

Although, it appears you may need to recalculate the specific sum, amount or value of your "equitable" share of the property proceeds, based upon the debts and liabilities, outstanding, at the time of your divorce/ and sale of property. You are probably not entitled to spousal support.

Your children are adults. Your assets, income and education are and were comparable to your Ex husband's assets, income and education, (at the time of divorce. And, an order for spousal support would appear unecessary and inequitable, where you have been self supporting since the divorce.

Good luck,

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Answered on 12/27/06, 12:58 pm


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