Unable to comply w/ separation agreement

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evacleva

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Hello,

I'm in a difficult situation remaining compliant with my separation agreement. I, without seeking legal advice, completed and filed all paper work relating to my divorce. As of mid year, the divorce was finalized. I was capable of fulfilling all but one aspect of the agreement. I was not able to refinance a vehicle for which my ex has cosigned on. However, as unimportant it may seem, my ex was able to fulfill her end of the agreement. I'm not quite sure if its pertainant to mention but my ex and her new husband cosigned on every loan of hers thus I'm no longer accountable for any of her loans.

I have attempted to acquire loans on multiple occasions but was denied on all of them. I have refused help from family as it is my responsibility. My ex has been bombarding me with emails and calls threatening legal action and providing ill advice. What I mean by ill advice is to sell what little I have and to seek a debt settlement agency. I have told her that I have done as much as capable to remove her name off of the debt.

I did schedule and meet with a divorce attorney. He questions her motives and claims that she doesn't have a case and that her attorney is meerly collecting money from her. He did state that I would be held in contempt of court as the deadline has passed. I did mention that she had evidence that I was late on 3 payments all of which were within 3 days of the monthly deadline, which were all paid. I still need to confirm if the due date was shifted as I have a automatic payment system setup to cover the bill. I have reviewed my credit report but do not see any negative reports in the entire span of owning the vehicle. I would like a second opinion on this.

I have attempted to acquire a refinance loan and a unsecure loan combined w/ refinance loan but to no avail. I have paid ontime since discovering the findings. I'm not the best with money but have been making great strides in correcting this problem. My budget states that I would not be able to afford anymore than what I have now. Everything of mine is paid on time. I'm not sure if this is pertainant either but I did support her while she was going to college. Upon graduating, the relationship went down hill.

What do I have to look forward too?
What can I do to prepare for the court appearance?
Is this still considered a divorce case or a civil litigation?
What are potential outcomes the Judge may decide?
Do you think I could have a good outcome defending myself in court?
What proof is pertainent in representing myself in court?

Thanks for taking the time to review my issue.
 
What do I have to look forward too?
What can I do to prepare for the court appearance?
Is this still considered a divorce case or a civil litigation?
What are potential outcomes the Judge may decide?
Do you think I could have a good outcome defending myself in court?
What proof is pertainent in representing myself in court?

The Judge is going to want to know why you have not complied. Bring as much proof that you have tried to comply as you can. This is still a divorce case; which is civil litigation. The Judge is not likely to do much of anything if you can convince him/her that you have made a good faith effort to comply. The Judge could put you in jail if he doesn't believe you, but that is very unlikely.

I think you will be fine defending yourself in court. The fact that you are paying your payments on time is a good thing. Be truthful and honest and bring all the proof you have that you tried to comply.

You will be ok.

Good luck.
 
Thank you for giving me your insight! I will continue gathering all my paperwork from all the attempts of applying for loans. I will also get the latest copy of my credit report to show the judge that I have made all my payments on time. Thanks again!
 
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