Divorce Court is a paper tiger. On the one hand it will cut the parties to shreds like a paper cut, stinging without relief. But on the other hand, anyone else just simply looks at the paper tiger and laughs. That's why I refer to Divorce Court Orders as Asswipe, it protects you like a thin ply of toilet paper and its only good for wiping your ass. And I mean that quite literally.
The court will order a division of property and they will assign debt to the parties. But the creditors who hold that debt do not care about the divorce court. Why? Well since the divorce court is run more like a Kangeroo Kourt (no offense to my Aussie friends), other entities have taken steps to protect themselves from them.
First they will do the simplest thing, simply ignore the court. The court does not followup. If pushed, they will claim a jurisdictional problem.
Credit cards have contracts and they will claim that the divorce court can not vacate or alter their contract. So if the division of property assigns debts and issues an order, shouldn't that order be issued to the creditor? It isn't ! It is issued to the parties who can't get along in the first place. Does that make sense?
Nothing about divorce or the court or the process or the industry makes any sense at all (jqism).
So what happens, well if the court did its job and beat the parties into mindless depression and submission, then the ordered party will do what they are ordered to do. But if you have a cocky party who doesn't give a shit (like my ex bitch for example) then they will simply default on the loan and guess what will happen, the credit card company will tell the other party they don't give a shit about no asswipe divorce court order, they have a contract and you will pay or they will sue.
But you don't owe you may say. Not their problem they will say, its yours, your the dumbass that married the bitch. That will teach you to enter into a civil agreement that is one sided. Oh you thought you had a contract with God, not in this separation of church & state secular nation. So what good is that expensive order you have, what can you do with it --- ASSWIPE !!!
Well what if you can't pay either? What will they do? Just what they said they'll do, SUE! No problem, the divorce court has jurisdiction over the matter, right? WRONG! They aren't stupid, they'd loose, no they'll go to another court and try the issue on the details of their contract. Will they mention that this matter is being tried in another court - HELL NO! And they will win. So don't pay, then they'll go to a superior court and get a judgment lien to attach to your property. Yep I have them both. I have an asswipe court order declaring my ex bitch responsible for a debt and I have a judgment lien for that same debt.
Beware of the paper tiger, you'll get a paper cut and it won't scare anyone (jqism).
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3 comments:
If there is one thing that I'm thankful for, one small thing in a sea of hell with my psycho ex-wife... it's that all debt was settled with the proceeds of the marital home. I was also smart enough to keep everything in my own name (credit cards, accounts, etc.) so that my credit would survive her nastiness... at least until she bankrupts me via the court system.
My story: http://www.thepsychoexwife.com
Be strong.
Thanks for commenting Mister-M, looking at your blog it seems very interesting. I look forward to reading it.
That's an interesting point, I had enough changes in my life and chose to keep the marital home which has an equity position of 50%. The lawyers in my case were on a path to take all assets, the legal debt far exceeded the marital debt. So refusing to let the home be sold meant that after they took everything, I still have something left over.
I don't think my ex will be that lucky because she has not gotten a detailed bill in over 2 years. I have seen the opposition's creative bookkeeping through a court demand, since I was ordered to pay a portion of it.
Well I guess I wasn't smart enough to realize that I was married to a backstabbing vengeful bitch. All the signs were there, but I was in denial.
I did have some credit in my name only, but most of our accounts were joint.
As far as what the court system does to you, I hear you, I think they screwed me worse than my ex. But of course they wouldn't have been able to do it unless she brought me to them. I had the strange misconception to think that the court should be fair to people and not abuse them. Now there's a hard lesson learned.
You didn't see the truth of who your ex was because you were looking at her through the light of your son! I think that happens alot!
sorry your still going through all this shit! you must be so sooo tired of it all.
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