Legal Question in Family Law in Virginia
I was divorced in NY state but I live in Virginia. Under court order I have to send my ex wife my share of mortgage for the house that I brought and she lives in.The mortgage is in my name and the deed has both of us on it. She is supposed to pay the other half of the mortgage and send said money to the bank for the payments. At first she was paying the mortgage late, then not at all. I have made all of my payments to her and made them on time. We are currently 2 months behind and in May it will be 3 months. Can I sue her for damaging my credit? If yes, do I have to go to New York to sue her or can I do so in Virginia?
1 Answer from Attorneys
Your suit in the New York Court which entered your divorce and
which presumably still retains jurisdiction over the issue of your
former wife's responsibility for this mortgage should focus at this juncture on that rather than any possible damage to your credit which may be difficult to assess at this time (in my opinion).
The attorney who represented you in your New York divorce will know what papers need to be filed to have your former spouse brought back before the court to answer for her alleged default.