Divorce Questions & Answers

Q: what is a domestic relations standing order

1 Answer | Asked in Divorce for Georgia on Jan 24, 2015

Answered on Jan 25, 2015

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Julie A. Rice's answer
When a person files for a divorce, there will be a Domestic Relations Standing Order that is attached to the complaint for the divorce and is served upon the other party with the divorce complaint. The Order applies to both parties and states, among other things, that the parties can not transfer assets or do other things until the divorce is finalized. This Order applies in every divorce filed in Georgia.

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Q: Mom is 76 husband 86 michigan is legal residence. Mom had stroke declared incompetent. I am daughter have POA

1 Answer | Asked in Divorce for Florida on Jan 23, 2015

Answered on Jan 25, 2015

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Robert Jason De Groot's answer
I honestly do not know whether you are talking about your own divorce or your mother's.

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Q: If divorce has already been filed is it against the law to start a new relationship without a hearing

1 Answer | Asked in Divorce for Alabama on Jan 22, 2015

Answered on Jan 24, 2015

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Mr. James Parrish Coleman's answer
What kind of relationship? Professional, personal? To answer a little more succinctly, when a divorce is filed, a count of adultery will not be successful if the sexual relationship started after the divorce was filed. Evidence of a sexual relationship between a party to a divorce and someone other than the person's spouse can be used as evidence of adulterous conduct before the filing, but cannot support a grant of divorce on the ground of adultery. See Ragan v Ragan 655 So. 2nd 1016 . I...

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Q: In Alabama, can the woman be awarded alimony if you do not have children together? He had me quit my job.

1 Answer | Asked in Divorce for Alabama on Jan 22, 2015

Answered on Jan 24, 2015

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Mr. James Parrish Coleman's answer
Alimony gets its name from the Latin word "feed me" and is awarded in a divorce based on (in this case) the woman's need and the husband's ability to pay. Alimony can be either periodic or in gross, that is in one lump or over time. Periodic can be modified later, but alimony paid out as part of a property settlement cannot. Having children has nothing to do with it. You don't give enough information to allow any lawyer to make a judgment about your chances of getting periodic alimony. How long...

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Q: what rights would I have to amend our divorce decree?

1 Answer | Asked in Divorce for Georgia on Jan 19, 2015

Answered on Jan 23, 2015

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Julie A. Rice's answer
In order to amend a Court's Final Order and Judgement and Decree of Divorce in GA, you need to file a petition with the court. The petition and your action should show, for example, one or more of the following events: 1.) That your particular circumstances or that of your ex-spouse have significantly changed since the divorce decree to the extent that a modification of the original divorce decree is in order; 2.) You and your ex expressly agree to an amendment to the original divorce...

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Q: In my divorce papers my Ex husband shall execute a Quick claim Deed to effectuate this transfer on demand.he refuses.

1 Answer | Asked in Divorce for Georgia on Jan 20, 2015

Answered on Jan 22, 2015

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Julie A. Rice's answer
If your ex-husband willfully fails to comply with a court order, then he can be held in contempt. You would have to initiate the claim and if you want your expenses of litigation covered in this action, then you need to properly ask the court for this in your court pleadings. Under these circumstances, you can seek the advice of competent legal counsel and see if this can't be resolved with a letter on your behalf and if your ex still refuses to comply with the court order, then the attorney...

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Q: Received a divorce summons from Clark County, Nevada but I live in California. How do I answer this summons?

1 Answer | Asked in Divorce for California on Jan 22, 2015

Answered on Jan 22, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can retain an attorney in Nevada to represent you in the case. Alternatively, you have the option to represent yourself in the case. Be sure to consult your own attorney to protect your legal rights.

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Q: Divorce location and information.

1 Answer | Asked in Divorce for Florida on Jan 21, 2015

Answered on Jan 22, 2015

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Robert Jason De Groot's answer
Have you tried contacting the various county clerks there?

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Q: I NEED TO KNOW WHAT TO DO WITH AN ILLEGAL DIVORCE DONE BY MY EX HUSBAND. I WAS NEVER SERVED AND WAS NEVER ALLOWED TO ANS

1 Answer | Asked in Divorce for Puerto Rico on Aug 2, 2013

Answered on Jan 20, 2015

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Oxalis Bianca Garcia's answer
You would need to find an attorney willing to ask the court to set aside the judgment under fraud to the Court.

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Q: I have been married for 19yrs. We have been separated for 19yrs. Can I get any kind of spouse support from him?

1 Answer | Asked in Divorce for Puerto Rico on Jul 1, 2014

Answered on Jan 20, 2015

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Oxalis Bianca Garcia's answer
Under the circumstances you present, probably not. Plus in Puerto Rico there is a law that prevents spouses from suing each other for matter not related to divorce

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Q: My "husband" left over a year ago. I can't afford to pay for a divorce, can get divorced for free here in Puerto Rico.

1 Answer | Asked in Divorce for Puerto Rico on Nov 17, 2014

Answered on Jan 20, 2015

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Oxalis Bianca Garcia's answer
Anyone can get a divorce if they know what they need to file. However, there are many attorney s in Puerto Rico who I am certain would be willing to draft the paperwork needed for a minimal fee. On a side note, you need to be separate for 2 years in Puerto Rico in order to file a divorce alleging separation.

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Q: I was married for 2 year my husband abandoned on the second day am in Miami can I get a quick divorce can't locate him9

2 Answers | Asked in Divorce for Florida on Jan 14, 2015

Answered on Jan 14, 2015

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Robert Jason De Groot's answer
You have to locate him so that he can be served, it's either that or publish correctly in a local newspaper, and it is not quick. Go see a family attorney.

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Q: I need to add to the last question that I made a typo. My name is on nothing with his accts.

2 Answers | Asked in Divorce for Florida on Jan 8, 2015

Answered on Jan 8, 2015

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Robert Jason De Groot's answer
Well, I haven't read part one. If you want to protect yourself, you need to hire a family attorney in your area. There are many issues in any divorce. If you want an opinion, you have to tell the attorney all the facts and be ready to answer any questions that the attorney might have. The advice you can get on a forum like this is limited because the attorney never gets all the relevant facts and cannot ask you questions and get your response. So, go see one, and many offer free consultations.

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Q: What constitutes as a valid agreement?

1 Answer | Asked in Divorce for Maryland on Jan 6, 2015

Answered on Jan 7, 2015

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Evan M. Koslow's answer
It depends. In theory, anything written down and signed by the parties is considered a "valid agreement." Will this "agreement" actually protect the parties if a party tries to invalidate the agreement or not follow it, depends on what is written in the agreement. Having an attorney at least review the agreement before signing it, is always recommended (to prevent (or decrease) the likelihood of issues arising down the road because the agreement did not have certain language that should have...

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Q: IF YOU ARE A RESPONDENT IN A CASE AND ARE FILING AN EX PARTE DO YOU FILE AS A RESPONDENT OR PETIONER

1 Answer | Asked in Divorce for California on Jan 5, 2015

Answered on Jan 5, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The case caption (e.g., John Doe, petitioner vs. Jane Doe, respondent) remains the same whether you are responding to the petition or you are bringing an ex parte application. Be sure to consult your own attorney to protect your legal rights.

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Q: my daughter turned 18 on 6-7-2013, as her non custodial parent can I still claim her at the end of the year?

1 Answer | Asked in Divorce for Ohio on Jan 2, 2015

Answered on Jan 5, 2015

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Matthew Williams' answer
You can claim a child as a dependent if that's what they are. The IRS has numerous instructions on this. What it boils down to is whether or not the parents provide more then 50% of the child's financial support. While the child is theoretically supposed to be living with the parents, there are exceptions. College students, for example, often have their own place but are still dependents. Note that only one parent can claim one child.

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Q: Can I get an anullment when my husband did not disclose he knew he had Hep C prior to the marriage-?

2 Answers | Asked in Divorce for California on Jan 3, 2015

Answered on Jan 4, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

California is a "no fault" divorce state, which means one spouse can seek to terminate the marriage without having to prove the other spouse did a wrongful act. You should consider all options to save your marriage. After doing so, if you feel there is no choice but to end the marriage, you can petition for dissolution of marriage. Be sure to consult your own attorney to...

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Q: How do I move my closed divorce case from south Carolina to Florida?

2 Answers | Asked in Divorce for Florida on Jan 4, 2015

Answered on Jan 4, 2015

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Robert Jason De Groot's answer
More facts are needed to answer this question. The best thing to do is to go see a family attorney in your area. You may have asked the wrong question. A case stays where it was filed, and can potentially be enforced in another state.

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Q: Do i have a right to a portion of the assed value

1 Answer | Asked in Divorce for New Jersey on Dec 4, 2014

Answered on Dec 29, 2014

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William N. Sosis' answer
Real property is generally subject to equitable distribution during divorce. If the property is purchased during the marriage it is usually held as tenants by the entirety. This means each person will have a full interest in the property and cannot sell any portion without the consent of the other. However, equitable distribution does not mean the property is "equally" divided between divorcing couples. The valuation rules are also different for property purchased prior to the marriage. In...

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Q: I am searching for a divorce lawyer. I'm on a disability pension from the State of California. My funds are limited.

1 Answer | Asked in Divorce for California on Dec 25, 2014

Answered on Dec 29, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Try contacting pro bono services such as the Legal Aid Foundation (www.lafla.org), and see if they can provide you assistance. If your divorce is not complicated, you may go to the local law library to find the relevant law practice guides and file your petition without an attorney.

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