Legal Question in Family Law in Kentucky

joint petition of divorce

my wife and I are getting divorced, and had a hearing set for Dec 27th. She called me today and informed me that our hearing had been moved to this wednesday. I am unable to attend as of work obligations. We have a jopint petition for divorce and have both signed to a Joint seperation agreement. The agreement states I will pay a monthly maintenance fee and that I will be responsible for a loan payment that we had taken out. There are no dates on the payments to say when they would be starting. And the separation agreement also has an incorporation agreement stating the separation agreement would be effective when the divorce is final. Will my wife be able to change anything in our divorce at the final hearing without me present? and will I be responsible for any amount of back pay on the maintenance? I ask this as I have been paying the dated house payments that were outlined in the agreement.

Asked on 12/03/07, 5:16 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: joint petition of divorce

You should not allow this matter to proceed without yourself or your attorney being present.

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Answered on 12/03/07, 5:33 pm
Gregory Napier Troutman & Napier, PLLC

Re: joint petition of divorce

Oh, things can change and in ways you would not expect. The biggest area of concern are the gaping loopholes left in the agreement. The judge can fill in any terms not covered and your wife could greatly influence that. So, yes you would be responsible for back pay. If you absolutely cannot be there in court, you MUST call the Judges chambers and let someone there know that you object to it being finalized without you being present and ask for a new date.

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Answered on 12/04/07, 12:38 pm

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