Divorce Questions & Answers

Q: I need a free lawyer to answer question about about report and and recommendation for dissolution of marriage and need

1 Answer | Asked in Divorce for Florida on Feb 24, 2015

Answered on Feb 26, 2015

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Robert Jason De Groot's answer
If you do not agree with the magistrate, you have to file exceptions. It is complicated and you will not be able to get a free lawyer for this. You either do it yourself after learning at the law library what must be done and how, or you hire an attorney.

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Q: My wife wants a divorce , we just leased a car in both our names for her use. Is there any way my name can be taken off?

2 Answers | Asked in Divorce for Florida on Feb 25, 2015

Answered on Feb 26, 2015

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Robert Jason De Groot's answer
No, you will not be taken off of the lease. The most you can expect is for the wife to hold you harmless and indemnify you regarding it.

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Q: Divorce is fast approaching and I need advice on what to do with my savings account. It is not joint- see details.

1 Answer | Asked in Divorce for Alabama on Feb 23, 2015

Answered on Feb 24, 2015

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Mr. James Parrish Coleman's answer
The account will be divisible marital property in the divorce, no matter that only your name is on the account. Do not attempt to hide assets in the divorce. You can put on evidence at trial that you alone contributed to the account, etc. However, you can't transfer the money in an attempt to hide the fact that it exists.

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Q: Is it possible to pay someone to divorce you?

1 Answer | Asked in Divorce on Feb 22, 2015

Answered on Feb 22, 2015

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Mr. James Parrish Coleman's answer
Are you asking if you can pay a spouse to divorce you? I suppose you could, but why would you? Simply file a divorce action. You don't need your spouses permission to get divorced.

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Q: I have full custody of my 2 children, can i move to another country without telling my ex husband?

1 Answer | Asked in Divorce for Georgia on Feb 8, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
It depends on what is in the court order. If the court order does not have any provisions on you moving, then you can move. Note, however, that he may file an action that states that you have made it impossible for his to exercise his visitation rights and you will have to answer for that. I am sure that the court order states that you have to provide a current address for the child so this notion that you are leaving without notice to the father could put you in contempt of court so read...

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Q: My husband and I have not divorced, yet he's married to another woman in another state. What can I do?

1 Answer | Asked in Divorce for Georgia on Feb 9, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
He can't remarry. You need to hire an attorney since there is a diversity of citizenship, the long arm statute, and many other legal factors that it will be next to impossible for you to figure out. Call the Atlanta Bar Referral Service to see if you can't get an attorney to help you so you can finalize this and put it behind you. I hope there are no kids in this situation or that is going to make matters that much more complicated.

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Q: lreceived order on affidavit of poverty. plaintiff -spouse.filing divorse. order states that I have thirty days to pay

1 Answer | Asked in Divorce for Georgia on Feb 11, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
File for your own poverty affidavit. If you want a divorce, then find a way to pay the fees. It sounds like this is just round one of much that will be contested in this situation so be prepared that eventually you are probably going to have to pay something and that will be to an attorney.

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Q: can my husband move and take the kids

1 Answer | Asked in Divorce for Georgia on Feb 14, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
No, not if you are in the middle of a divorce proceeding. In Georgia there is Standing Order attached to every divorce action that states that the children must remain where they are, the assets much not be moved, and the status quo must be maintained. Nobody does anything until the divorce is final PERIOD or until the court rules otherwise.

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Q: I am the petitioner in my case. If both parties are in agreement what happens if I don't go to our court date?

1 Answer | Asked in Divorce for California on Feb 18, 2015

Answered on Feb 19, 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.

If you have any upcoming court hearing dates, you or your attorney should attend them. To the extent you can reach agreement with the respondent (your spouse), you should be able to reduce it to a written signed stipulation and present the stipulation to the court. Be sure to consult your own attorney to protect your legal rights.

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Q: What can I do when the court that I received a dissolution of marriage through, now has no records of the case?

1 Answer | Asked in Divorce for California on Feb 19, 2015

Answered on Feb 19, 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.

Ask the court Clerk whether the courthouse has an archives department and/or their old files are imaged. If you were represented by a law firm in your marriage dissolution, you can inquire whether that firm still has its files on this matter (although few firms would keep their records for 20 years). Be sure to consult your own attorney to protect your legal rights.

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Q: Divorse filed in Sept. I was served 5 mo later. She made no demands. I agree to all. Any way to start clock from Sept?

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

Answered on Feb 18, 2015

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Gina Marie Famularo's answer
No. A divorce takes a minimum of six months. The time begins to run once the initial documents are filed and served. This does not mean that the parties cannot enter into a judgment earlier than that. It simply means the parties cannot remarry before the minimum six-month waiting period has elapsed. Even after the waiting period, entry of the judgment is not automatic. It requires the filing of court papers and the court’s signature on the judgment. Until the judgment is filed and signed by...

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Q: I am jordanian citizen living abroad. do I have the Wright to asset subdivision in Al

1 Answer | Asked in Divorce for Alabama on Feb 12, 2015

Answered on Feb 18, 2015

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Mr. James Parrish Coleman's answer
Your citizenship does not modify your right to an equitable share of divisible marital property. A power of attorney will not allow you to avoid appearing in court. You are going to have to be there, as a practical matter. You need to hire an Alabama lawyer who can settle or try this for you.

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Q: I got married in Tennessee but now live in Maryland. Where do I file for my divorce? And does it even matter

1 Answer | Asked in Divorce for Maryland on Feb 12, 2015

Answered on Feb 16, 2015

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Evan M. Koslow's answer
If you have lived in Maryland for over a year (or your spouse committed adultery in Maryland or abuse in Maryland then less than a year), you can file in Maryland. If your spouse lives in another state for longer than the statutory time frame you can file in the state. Depending on if you have children and where they live (and for how long) and depending on where you have real property, are decisions to consider whether where you should file (if you even have a choose to file in more than one...

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Q: Is there a rule or law and can fight a in court agreement

1 Answer | Asked in Divorce for Ohio on Feb 12, 2015

Answered on Feb 13, 2015

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Matthew Williams' answer
You really need to speak with your attorney, who knows exactly what is going on. There is almost always a way to appeal a court's decision, but there are strict time limitations for filing objections to findings and appeals.

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Q: I have a property, I bought it before my marriage, if I get a divorced what will happen with the property

1 Answer | Asked in Divorce for California on Feb 10, 2015

Answered on Feb 12, 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.

If you purchased the property with your separate funds, never used community funds to make payments regarding the property, and you have not granted your spouse any ownership interest in the property, the property is your separate property. In case of divorce, each spouse holds on to his/her separate property. You should immediately consult your own attorney to protect your legal...

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Q: I want to buy him out of the house ownership, but the house was rebuilt without permits. Can I still do it and how?

1 Answer | Asked in Divorce for California on Feb 10, 2015

Answered on Feb 11, 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.

If you want to buyout your husband's interest, you can certainly do so. You will receive your husband's share of title in the property subject to any building code/permit violations. You may want to first get opinion of some professionals (realtor, architect, appraiser) so you understand the value of interest you are purchasing. Be sure to consult your own attorney to protect...

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Q: A default was filed why do I need to go to mediation?For mediation why will they attempt to contact him?

1 Answer | Asked in Divorce for Florida on Feb 10, 2015

Answered on Feb 11, 2015

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John Arthur Smitten's answer
You have to comply with the orders of the court.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Dad didn't pay a trailer bill mom is getting sued for it.

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

Answered on Feb 9, 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.

If both of your parents signed for the purchase the trailer, both of them are jointly and severally liable for the bill payments. You should review the divorce settlement terms and make certain it says what you believe it says. If so, your mother has the right to sue your father to be indemnified for the moneys she paid on the bills. Be sure to consult your own attorney to...

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Q: is college degree. It never said in my my divorce that i had to pay. I'm asking if I am good to go for him?

1 Answer | Asked in Divorce for Alabama on Feb 6, 2015

Answered on Feb 8, 2015

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Mr. James Parrish Coleman's answer
Your question makes no sense. Apparently we didn't get your complete question. If the divorce decree did not set out that you had to pay for a portion of college expense -- then you don't. Further, now you can't be required to. Alabama divorces can no longer require a person to pay a part of college expenses for a person who is more than 19 years old. However, if there is an order in place that was rendered at a time that divorce courts could order that a parent be required to pay college...

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