[CZECH9]

My wife and I are getting divorced mutually, but we own a house together, if I waive to sign the counter affidavit I was sent through email even though both our names are on the mortgage does that mean I lose rights to a percentage after it's sold?

[AK lawyer]

Near as I can figure out from your cryptic question (but of course it depends on what the affidavit says), yes. Talk to an attorney. You are represented by an attorney in this, right?

[CZECH9]

Near as I can figure out from your cryptic question (but of course it depends on what the affidavit says), yes. Talk to an attorney. You are represented by an attorney in this, right?

Sorry if it's not concise enough, no I'm not represented yet but I just wanted to know that if I waiver the counter affidavit do I lose any rights in the ownership of my property. This is what I received in an email with an attachment of the counter affidavit: "Since you are unrepresented I must serve you with the attached Counter-Affidavit. If you do not wish to claim economic relief, you do not need to sign and/or file the Counter-Affidavit. Please either 1) sign and return the counteraffidavit, or 2) if you do not intend to claim economic relief, verify that you do not intend to file the Counter-Affidavit. An email to that effect is fine. Once I hear back from you I can then proceed with the filing of the praecipe to transmit and related documents to finalize the divorce"

[AK lawyer]

Sorry if it's not concise enough, no I'm not represented yet but I just wanted to know that if I waiver the counter affidavit do I lose any rights in the ownership of my property. This is what I received in an email with an attachment of the counter affidavit: "Since you are unrepresented I must serve you with the attached Counter-Affidavit. If you do not wish to claim economic relief, you do not need to sign and/or file the Counter-Affidavit. Please either 1) sign and return the counteraffidavit, or 2) if you do not intend to claim economic relief, verify that you do not intend to file the Counter-Affidavit. An email to that effect is fine. Once I hear back from you I can then proceed with the filing of the praecipe to transmit and related documents to finalize the divorce"

That still doesn't tell me what the counter affidavit says.

Economic relief from what?

If you don't understand, ask the attorney to explain it.

But don't trust him. He doesn't represent you.

[CZECH9]

"COUNTER-AFFIDAVIT under section 3301(C) of the Divorce Code
I wish to claim ECONOMIC RELIEF which may include alimony, division of property, lawyer's fees or expenses, or other important rights.

I understand that I must file my economic claims with the Prothonotary in writing and serve the on the other party. If I fail to do so before the date set forth on the Notice of Intention of Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims.

I verify that the statements made in this counter affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities."

This is what it said minus the personal info. Economic relief as in financial help - spousal support, division of property, payment of attorney's fees, things along that line. I know what it is I just wanted to know if I lose any rights pertaining to my property even though my name is on the mortgage.

[AK lawyer]

Looks like they are requesting you to notify the court that you intend to dispute the terms of the divorce. What state or country is this, because the "protonotary" language is rather unusual?

"The prothonotary is the chief court clerk in certain courts of law in certain Anglo-American jurisdictions, including the American states of Pennsylvania and Delaware, the Canadian provinces of Nova Scotia and Prince Edward Island, and the Supreme Courts of the Australian states of New South Wales and Victoria." Prothonotary - Wikipedia, the free encyclopedia

Are you in one of those places?

It doesn't appear that you would be giving up anything by executing the counter-affidavit, but as I said earlier, you really need to consult an attorney in your jurisdiction.

[betty bigney]

If a person check the box to "i wish to claim economic relief which may include alimony, division of property lawyers fees or expenses or other important rights, does this mean i loose my alimony once the divorce becomes final? My husband has been paying me alimony and says because he has remarried he does not have to pay me alimony any more. I have not remarried.

[AK lawyer]

If a person check the box to "I WISH TO CLAIM ECONOMIC RELIEF WHICH MAY INCLUDE ALIMONY, DIVISION OF PROPERTY LAWYERS FEES OR EXPENSES OR OTHER IMPORTANT RIGHTS, DOES THIS MEAN I LOOSE MY ALIMONY ONCE THE DIVORCE BECOMES FINAL? MY HUSBAND HAS BEEN PAYING ME ALIMONY AND SAYS BECAUSE HE HAS REMARRIED HE DOES NOT HAVE TO PAY ME ALIMONY ANY MORE. I HAVE NOT REMARRIED.

You should really start a new thread with a new question, even if it seems similar to an old one.

What state or country are you in?

Alimony is usually payments to an ex-spouse after a divorce is final. If he has been paying you spousal support during the pendency of the divorce, the language you quoted would not seem to affect that.

But if the divorce is not final, he would not be re-married yet. If he says he has, he has committed bigamy (a crime in most places) and the second marriage would probably be void.

If he has the obligation to pay you alimony, the fact that he choose to re-marry does not affect his obligation at all.