QUESTION
Is there a statue of limitations for spousal support if you are divorced?
Asked on Oct 15th, 2013 on Divorce - Florida
More details to this question:
My ex-wife handed me papers for a legal separation and told me I had to sign them so she could file them with the court. Then about 6 months later I received a paper in the mail that stated Dissolution of our marriage had been ordered at an earlier date and was now prevalent. I was not informed of any court date nor was I given, or sent, any documents, besides the one I mentioned.
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's unclear what you signed, but if you signed a joinder stating that you wanted no further notice (I suspect that's what you did) then you gave up your right to notice. There was no requirement to sign anything. Depending on the divorce decree, maintenance ends when the decree says it ends unless she remarries. Unless the decree says maintenance continues after remarriage, it would end with a marriage.
Answered on Oct 15th, 2013 at 1:55 PM
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In Nebraska, when one spouse files for divorce or separation, the other spouse is generally offered a chance to sign a "Voluntary Appearance" to allow the divorce time frame to begin without a Sheriff showing up at your work or home to officially hand you the papers. If you signed a Voluntary Appearance and then never filed an Answer in the case, you would not be entitled to notice as to the final hearing. If you signed a property agreement/parenting plan, the Judge would not be concerned why you were not there, as you are presumed to have read and understood everything you signed. As to spousal support, if it is not requested at the time of the finalization of the divorce, it can never be requested. I hope this answers your question.
Answered on Oct 15th, 2013 at 8:39 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You may have waived your rights in the Answer, you should have read and understood what you were signing before you did.
Answered on Oct 15th, 2013 at 8:09 AM