Divorce Questions & Answers

Q: What do I do if I cannot appear at the final hearing for a Simple Dissolution of Marriage.

1 Answer | Asked in Divorce for Florida on Jul 28, 2014

Answered on Jul 28, 2014

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John Arthur Smitten's answer
contact the court and arrange to appear by phone

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Q: My wife filed for dissolution of marriage and I received noticed, what do I do now?

1 Answer | Asked in Divorce for Florida on Jul 19, 2014

Answered on Jul 23, 2014

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John Arthur Smitten's answer
You need to hire a lawyer or at least consult with one asap.

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Q: Her financed vehicle is actually in my name. I am listed as the "buyer" and she's the cobuyer. Is it mine?

1 Answer | Asked in Divorce for Florida on Jul 22, 2014

Answered on Jul 23, 2014

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John Arthur Smitten's answer
They are both 50/50 each party. You should hire a lawyer to represent you.

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Q: Can a judge force me to sell my house for a price lower than the listed price to settle a divorce?

1 Answer | Asked in Divorce for Michigan on Jul 15, 2014

Answered on Jul 18, 2014

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Kelly Lambert's answer
Yes, they can. Especially if the offer is a reasonable offer.

Kelly G Lambert III

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Q: If I Married in Colombia , Can I divorce in the USA?

1 Answer | Asked in Divorce for Florida on Jan 29, 2014

Answered on Jul 15, 2014

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Sabina Tomshinsky's answer
As long as you have lived in Florida for at least 6 months before filing, then you can file for divorce and proceed with your dissolution of marriage action under Florida law.

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Q: If I inherited money and decide to get a divorce does he get part of the inheritance

1 Answer | Asked in Divorce for Florida on Feb 26, 2014

Answered on Jul 15, 2014

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Sabina Tomshinsky's answer
Generally not unless you commingled the inherited funds with the marital assets.

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Q: HOW DO I FILE AN AMENDMENT TO A SIMPLE DIVORCE COMPLAINT IN UNION COUNTY?

1 Answer | Asked in Divorce for North Carolina on Jul 11, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
You file an amended complaint. Where it says "complaint" you type in "amended complaint" and then you retype whatever stays the same and what is changed. You can file this without approval from the court if the answer has not been filed. If the answer is already filed then you have to attach a motion to the proposed amended complaint and advise the court what you have to amend and why. The original of the motion is filed and a copy is served on the opposing counsel. If the amendment is...

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Q: In divorce my ex husband received house. Quit claim. He did not refinance to remove me. I want to buy house.

1 Answer | Asked in Divorce for Florida on Jul 9, 2014

Answered on Jul 10, 2014

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John Arthur Smitten's answer
You can file a case for partition of the house which will force his name off the title. Use of a lawyer is recommended in your case.

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Q: motion to strike deposition and disqualify interpreter

1 Answer | Asked in Divorce for Florida on Jul 2, 2014

Answered on Jul 4, 2014

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John Arthur Smitten's answer
File a motion to strike. Use of a lawyer is recommended.

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Q: mil to mil divorce, one person in Florida the other in Europe

1 Answer | Asked in Divorce for Florida on Jun 30, 2014

Answered on Jul 2, 2014

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John Arthur Smitten's answer
Yes the court will allow you to do that. Contact an attorney to assist you.

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Q: I was married for 7years, and supported her for 10years, college, masters, etc. am I allowed half her 401k?

1 Answer | Asked in Divorce for Alabama on Jun 28, 2014

Answered on Jun 29, 2014

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William E. Scully Jr.'s answer
Probably not. Alabama Code Section 30-2-51(b) allows a judge to award up to 50% of 'vested' retirement benefits to the other spouse, but only if the parties have been married 10 years during which the retirement benefits have been accumulated. There might be special things about your situation that would make it different, so you should absolutely and without doubt consult with an attorney about this. In fact, you should absolutely, without doubt, be represented by counsel when you go...

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Q: What is criteria for common law in alabama?

1 Answer | Asked in Divorce for Alabama on Jun 24, 2014

Answered on Jun 25, 2014

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William E. Scully Jr.'s answer
Gotta put on my Carnac the Magnificent get-up in order to figure out what in the world you are talking about. Do you want to know about common law marriage? You've got to live together as husband and wife (that is--engaging in sexual intercourse) with the INTENT that you are and CONSIDER yourselves to be husband and wife. Do you want to know about a protection from abuse order? There is a whole area of the Alabama Code dedicated to protection from abuse petitions and how they work, and no,...

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Q: My husband and I have been living in two separate states for 7 years do I still need to file for a devorice?

1 Answer | Asked in Divorce for Florida on Jun 17, 2014

Answered on Jun 23, 2014

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John Arthur Smitten's answer
Yes you have to get a court order for divorce to make it official. You can file the case in FL . Use of a lawyer is recommended.

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Q: if I am unable to located spouse when filing for divorce and I complete a diligent search. Will I have to go to court?

1 Answer | Asked in Divorce for Florida on Jun 18, 2014

Answered on Jun 23, 2014

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John Arthur Smitten's answer
Yes after you complete the diligent search you have to file the results with the court, then set the final hearing. Use of a lawyer is recommended.

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Q: How do I enforce a court order where my ex-husband was order to pay me a sum of money in our divorce?

1 Answer | Asked in Divorce for Florida on Jun 16, 2014

Answered on Jun 17, 2014

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John Arthur Smitten's answer
File a motion for contempt or motion to enforce. Use of a lawyer is recommended.

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Q: Divorce agreement states I stay In home until June 30, since then, home has gone into foreclosure. Who can evict me?

1 Answer | Asked in Divorce for Florida on Jun 13, 2014

Answered on Jun 16, 2014

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John Arthur Smitten's answer
The bank and possibly your ex if that is what the order says. Use of a lawyer is recommended.

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