My husband filed for divorce in February 2008. He said he did this "to get my attention" (to tear up the prenup and put him on my bank accounts). We were back together the next weekend. In March 2008 I was served with the divorce papers and I had 30 days to file an answer. He signed a paper that he was not going through with the divorce and there was no need for me to file an answer. In August I was still refusing to tear up the prenup and put him on my bank accounts he had his attorney go to court and finalize the divorce. At this point I am divorced and I do not want to be married to him but during the marriage he borrowed or I paid for things for about $15,000 from me and since it was not part of the divorce he says he does not have to pay. How do I reverse the divorce? All the things I paid for were covered in the prenup as to who was supposed to pay.

Hello toni:

I don't know about reversing the divorce. You DON'T want to be married to him, right?? I also don't know why your divorce attorney didn't take care of it. Depending on what the divorce decree says, you may be out of luck. THAT was the venue where you needed to seek redress for THIS grievance.

The other problem you got is the amount. $15K is too much for small claims, but not enough to sue in district court. I say that, because you're going to need an attorney to file in district court, and his legal fees will almost wipe out any award you might win, assuming you win, and that's not a foregone conclusion.

Collecting on a judgment is even another problem you've got.

The final problem, as I see it, is that, even though you had an agreement in place saying that you WOULDN'T pay for such and such, you DID. A judge may rule that what you DID takes precedence over what you SAID.

I think it's too little, too late.

excon

PS> After thinking about it for a second, you COULD try to recover in small claims court. You can only sue for probably up to $5K, depending on your local rules, and you still might have a problem collecting. But, small claims court is cheap, quick and easy. For about $50 (cheaper than a lawyer), you can get your legal question answered by a somebody who can DO something about it.

Basically you can't reverse a divorce. There is no such thing. Once the Judge signs the order, it is too late to do anything about this. As far as getting any of the money back, why don't you have your divorce attorney address this subject and file a suit on your behalf? After all, you hired him to handle your affairs, didn't you, and he should have been fully aware of the money lent to the ex unless for some unknown reason you didn't mention it to him. And just why won't the prenup stand up as far as him repaying you?

Yes, since you were served and so on I am not sure, but what you want to do is modify the division of property. There should have been at either the separation or divorce paper work done to show the division of property.

And you can sue them for it, Did you not have an attorney to do the paperwork for the divorce