Can a lawyer file for a divorce 14 years after finalizing the divorce in an other country? I am a Canadian, living in California, divorced my ex-husband in 2003. According to the settlement signed in California, the family home in Canada was transferred to me. At the time of divorce his employer filed an embezzlement case against him and therefore, my ex did not contest the divorce, nor did he want a share of the property. There is a loan he borrowed without my knowledge and the court ordered my ex to pay that loan. He did make some payments and then stopped. I had no choice but take over payments to avoid foreclosure. I then went to family maintenance to collect child &amp; spousal support payment. My ex did not want to make any payments, and filed for a divorce in 2015 in Canada. He also placed liens on my property without revealing to the city that he was ordered by the court to make those loan payments. I obtained another order from family court in California to enforce the 2003 judgement. Can a Canadian court disregard the CA order, when they have no jurisdiction in the case? Is there any legal basis for an attorney to bring such a case in Canada? Is she not legally accountable for bringing such a case to court? I am not a lawyer, but I see no legal ground for a lawyer to bring such a case agains me. It was a huge financial hardship, to hire a lawyer in Canada, to travel so often, not to mention the mental agony I suffered. I sent my ex's lawyer the recent court order; still she hasn't withdrawn the cases she filed on behalf of my ex.
This is very, very weird. I've never heard of a case like this one. Is there some context that could explain why anyone would refile a divorce someplace new twelve years after getting divorced the first time around? The logical thing to do if Canadian civil procedure is at all analogous to U.S. civil procedure on this point, would be to have a Canadian lawyer file a motion in the Canadian divorce case to set aside the judgment on the extraordinary grounds that you were not married any longer at the time that the 2015 divorce was filed, seeking to set aside the 2015 case ruling. In most U.S. jurisdictions with civil procedural rules modeled on the federal rules of civil procedure (California's are not), this would be a motion under Rule of Civil Procedure 60, but obviously, the Canadian rule numbering would probably be different. Alternatively, if the home is in California, you could bring an action for declaratory judgment declaring that the Canadian judgment is invalid because it was brought in a divorce action between people who were already divorced and probably also lacked jurisdiction over you and the property. I'm not sure what you mean by CPL in this context. Normally, in a real estate context, a CPL would mean a "closing protection letter", but in the context you are using it, it sounds like you are referring to something akin to a lis pendens or a lien. Perhaps you mean a "certificate of pending litigation" which is another name of a lis pendens in at least some Canadian jurisdictions (but is terminology rarely used in the U.S.). This sounds like slander of title, or "abuse of process" or the filing of what is known as a spurious lien, any of which are actionable, but without knowing what a CPL actually is, it is hard to know.
IMHO, your questions reflect several misunderstandings of how the process works. So, with your permission, I will avoid directly answering your questions and instead focus on suggestions how to best help you plot a path forward. Your counterparty has the burden of proof. If your counterparty forged your signature on a contract, then they must prove you signed it or they can not enforce it. In order to enforce the contract, they will need to sue you civilly. Then you can introduce evidence of their forgery at that time. Inform your counterparty you did not sign the contract. Then act accordingly. If your counterparty forged your signature on an extension contract then you should inform them immediately after it has come to your attention. Advise them you have no intention of complying with a contract you never signed. And that if they try to enforce the forged agreement, you will defend yourself "vigorously." Never threaten criminal charges to advance your position in a civil case. This behavior is a crime in itself. It's called extortion. If you want to pursue criminal charges at some point then do it without relating it to the civil case. The police are not your only means of pursuing criminal charges. You can also schedule a meeting with your District Attorney, State's Attorney (whatever that position is called in your state) or your state's Attorney General. In other words, you might want to approach the government's attorney responsible for prosecuting crimes in your jurisdiction. Forget about involving the police. They have given you their position on the matter. Approach the DA or AG office instead. If the DA/AG decides to use the police, she we will make that decision then inform the police how she needs to use their services. Police are wary of being used as leverage in civil disputes. That's probably the reason for their policy decision regardless of whether it's technically justified by the law or not. Your counterparty can't "fix" anything. If they claim you signed a document you did not, they will have to produce that document with your signature on it. This will presumably be your Exhibit A evidence they forged it. Disclaimer: I am a lay person and not an attorney. This writing is no substitute for proper legal advice. If you need help with a specific legal situation please hire an attorney and do not rely on anything I have written here.
Nope. Say I sue you successfully, and the court delivers a judgement that awards $1000 in damages. It is not the responsibility of the small claims court to ensure that the judgement is fulfilled. In fact, the debtor (person who lost) can outright refuse to pay the creditor (or the person who won). They are not in violation of any law at this point. However, the creditor can ask the court for options on enforcing their judgement, and these can include, but are not limited to: Garnishing wages Providing a court order Seizure of assets (through court sheriff, don't use this yourself or you end up getting into criminal matters) and others to enforce the judgement. The debtor isn't liable for refusing, unless when they are in violation of a court order. Violating a court order is a criminal matter, and the debtor could possibly be found guilty of contempt of court. Oh, and the case wouldn't move on to a higher court. Cases go to a higher court when an appeal is made, generally when there has been an error in enforcing the law. You also need to be provided leave to make an appeal.
This depends entirely on which law applies to the divorce. For example, if this happens under Australian law then it falls within the jurisdiction of the Family Court (a Federal court as the Commonwealth has power over marriage, not the states). They say: You can agree and not involve the court. If you agree you can, but are not required to, have the court formalise the arrangement. If you cannot agree, then you can apply to the court for financial orders. In general, the court is happy to allow couples to agree on whatever they want - for your example this extends from &quot;Bob gets everything&quot; to &quot;Alice gets everything&quot; and anything in between those extremes. If the parties don't agree (which is the most common situation) then the court will hear the evidence and make a decision: There is no formula used to divide your property. No one can tell you exactly what orders a judicial officer will make. The decision is made after all the evidence is heard and the judicial officer decides what is just and equitable based on the unique facts of your case. Factors the court is required to consider are: working out what you've got and what you owe, that is your assets and debts and what they are worth looking at the direct financial contributions by each party to the marriage or de facto relationship such as wage and salary earnings looking at indirect financial contributions by each party such as gifts and inheritances from families looking at the non-financial contributions to the marriage or de facto relationship such as caring for children and homemaking, and future requirements – a court will take into account things like age, health, financial resources, care of children and ability to earn. So, for your example, the answer to how property will be divided up is: Nobody knows until it is agreed or the court rules on it.
The law regarding proof of service allows service of summons by publication in case a defendant "is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action". Plaintiff must file an affidavit saying that he believes that you are not a resident, and he either mailed the summons to you or states that your residence is unknown. Knowing how to contact a person is not exactly the same as knowing their residence, so the statement in the affidavit might be true. There is a one year limit on your right to defend and reopen if not served personally. The statute of limitations tolls after the cause of action has accrued (which I suppose would be defective service of the summons, viz. perjury in the affadavit). For recovery of real property, the time would be ten years. The court rules allow that "At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued". (This is clearly a matter that your attorney needs to address).
A divorce settlement must be approved by the court. A Judge might well refuse to approve a settlement with such a provision in it, although I do not know of any law specifically barring such a term. But once the settlement is final, one party could certainly offer a separate contract to the other, under which one party would agree to remain outside the state (or metropolitan region, or county, or wherever) in return for an agreed recurring payment. There would be no compulsion to accept such a contract, but if the payment offered was large enough, it might be accepted voluntarily. However, if there was a child involved, and such a move would significantly hinder that child's contact with both parents, and this were not in the child's best interest, such a contract might be attacked as against public policy.
This is what we mean when we say something falls between the cracks. Sorry for that. First off, in the United States, family law is not federal, it is individual to each state. This means there is no federal agency or official charged with enforcing family law. When it comes to marriage and divorce, the federal government and their border agents are after those seeking to gain benefit through fraud (i.e., attempting to attain status through fraudulent marriage). Likewise, they don't have formal cross-jurisdictional protocols controlling the right of the US government to demand personal, private family law records from other governments. Nor do they have the means to pursue that. What this means, in practical terms, is that no family law judge sitting in the US has authority, interest or means in international marriage and divorce beyond those cases initiated in their court. I hope you read that slowly and carefully. Ask me if you need clarification. I suspect that you have a very specific cause in mind that necessitates you being in possession of a divorce decree. And I get the impression that you and your ex-spouse are in agreement and working together to solve this. You might find it valuable, at this point, to take a step back a little further into history. Let's consider your marriage. You two know you got married. I suspect that your friends, loved ones, and hopefully family know you got married. Then there is that clerk somewhere in Denmark (who records more than 100 marriages every week) who knows you got married. Theoretically. Possibly. Maybe. You've been residing in Russia for some years now, and the Russian government doesn't know you are married. Marriage is illegal there. So, in actuality the Russian government, if asked by some official of some other government, can only state with truth and authority that it is certain that you are NOT married. At the same time, some US federal official decides to investigate the most highly unlikely case ever. Someone is trying to gain entry, not by claiming marriage but by hiding a marriage. (ridiculous!) So, with a budget of zero, and the authority to match, goes from country to country demanding that they open up the (extremely) private records of family courts in search of the evidence he needs. When they ask him to demonstrate cause, he boldly tells them that his sharp mind is cause enough. They agree and give him cups of tea as he searches through the private affairs of their residents. It is never-ending, but he is proud to be working to stop the flood of unwanted divorced persons trying to gain entry to the USA. - - - - You get the picture. Also, consider the option of an international divorce. I would provide a reference here, but a simple Google search will yield many providers. It is expensive and time-consuming, but an available option. I'd rank it last. There are also varied laws by jurisdiction - internationally. I'm not expert enough to know of any jurisdictions that might not require extended residency. I suspect some won't. I am confident, on the other hand, that there are several that you might access with relative short windows of required residency. This Wikipedia article should give you a good start. You are also maybe a little fast in dismissing Denmark as a possible venue. European Union states, at one time, experienced a tangled mess regarding family law across jurisdictions and specifically divorce. In 2003, however, the EU implemented Regulation 2201/2003 providing for conferred jurisdictional competence by way of exception in cases involving applicants for divorce similarly situated to you. And now jurisprudence, in a wonderful show, is beginning to catch up with regulation and public sentiment on the matter. The provisions seem complicated, but they are definitely outside the abilities of a couple of Russians who have managed to get this far. Here's a starting point to get the ball rolling. Aside from those three solutions, you might be stuck. You would be ill-advised to seek some creative solution outside of the law. And I struggle to think of anything that might work. Unfortunately, justice and law are often connected by a mere thread, and sometimes not at all. You are left to forge ahead on behalf of others, who enjoy the fruits of your labour. For that, you have our gratitude. And while I am no expert on the fight for justice, There is this man - an American, who is. He wasn't gay, so much as black. Be he figured out a lot regarding justice. There are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all." -Martin Luther King Jr. I salute you.
Whoever signed the loan owes the money to the bank for the truck. So, in this case it is probably both your husband and his ex girlfriend. Whoever is listed on the title of the vehicle as the registered owner has the full exclusive use of the vehicle. That is probably your husband. Any person who co-signed for a loan owns nothing and has rights to nothing. Co-signing a loan just means that the signer agrees to pay off the loan. In this case the girlfriend does not, nor has ever owned the vehicle. If payments are not made on the vehicle, the owner of the loan (probably a bank) will repossess the vehicle and take ownership of it. At that point they will become the registered owner. Your main options are: Refinance the car. You take your own loan and buy out your husband and his girlfriend. Both of them and the bank would have to agree to this. You would become the registered owner of the car. Make a set-off agreement. In this case, you offer your husband a deal: you will make the payments on the car, if you get the use of the car and a percentage of the sale price in the event the car is sold. Try to get a judge to award you the car in the divorce. In this scenario, the judge would order that you become the registered owner of the car, but the girlfriend and your husband would still be responsible for paying the loan. The risk here is that both will default on the loan and the car will get repossessed.