Divorce Questions & Answers

Q: In an amicable divorce, is it okay to minimize paperwork by omitting certain assets (car) from the settlement agreement?

1 Answer | Asked in Divorce for California on Nov 10, 2014

Answered on Dec 19, 2014

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Andy Chen's answer
The court won't check to see that you included every possible asset in your settlement agreement. The court simply doesn't have the time or budget to do that. If you leave certain assets out of the agreement, then the risk is that you won't have it in writing who gets that asset if a dispute arises later on. If you're fairly confident that a dispute won't arise or, if one does arise, you're willing to just give up the property in question, you can leave that property out.

Unless...

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Q: respondent did not comply with disloser requiremts

1 Answer | Asked in Divorce for California on Nov 21, 2014

Answered on Dec 19, 2014

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Andy Chen's answer
I'd start with a Motion to Compel compliance using the form FL-300. You should be prepared to explain with proof what respondent's failure precisely was. Before doing the motion to compel, I would first write a letter or email to the respondent explaining the problem with their disclosures currently and giving them reasonable opportunity to fix the error first. The judge will most likely want to see that you at least tried to resolve this on your own first.

Andy

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Q: If I start my divorce process in California and move to Nevada can I finish it in California still?

1 Answer | Asked in Divorce for California on Dec 3, 2014

Answered on Dec 19, 2014

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Andy Chen's answer
Sure. This happens quite frequently since divorce in CA takes some time and people have to move for work, school, family, etc. As long as you meet the residency requirements in California to file a divorce case, you can. Unless you have a lawyer in CA to help you, though, you'll have to figure out some way to finish your case from Nevada. You can theoretically appear in court by telephone and file papers by mail, but both of those are fairly difficult compared to simply appearing in person...

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Q: I currently live in Maryland and my spouse lives in North Carolina, how do I file for divorce?

1 Answer | Asked in Divorce for Maryland on Dec 13, 2014

Answered on Dec 17, 2014

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Evan M. Koslow's answer
Depending on if there are minor children involved and other facts not presented in your question, will determine whether you should and/or can file in a certain state.

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Q: me and my boyfriend stay together for 8 years. know we broke up whats the law"

1 Answer | Asked in Divorce for Ohio on Dec 12, 2014

Answered on Dec 13, 2014

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Matthew Williams' answer
Ohio does not recognize common law marriages. If you were never married, you break up and that's it. There is no divorce.

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Q: I buy a house in Lee County and get married then get divorced do I lose half my house

1 Answer | Asked in Divorce for Florida on Dec 11, 2014

Answered on Dec 12, 2014

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Robert Jason De Groot's answer
It depends upon many more facts than you have written, which is basically none and not enough for a meaningful answer.

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Q: Divorce: Is this blackmail? Do I have to leave the house?

2 Answers | Asked in Divorce for Florida on Dec 11, 2014

Answered on Dec 12, 2014

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Robert Jason De Groot's answer
This is extortion. You need to go talk to a family attorney in your area about this. With an opponent like this, it might just be an easy win for you.

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Q: I signed a separation agreement in New York several years ago.

1 Answer | Asked in Divorce for Florida on Dec 8, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
If the agreement is in writing then yes it is enforceable in FL. You should have a FL lawyer look at it.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: If I live in Ohio and refuse to pay alimony in Florida what are the consequences?

1 Answer | Asked in Divorce for Ohio on Dec 8, 2014

Answered on Dec 9, 2014

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Matthew Williams' answer
Your wages could be garnished. Your ex could sue you. You could wind up paying for court costs and administrative fees as well as interest. In essence, you would owe a lot more.

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Q: how do ichange my last name from married back to maiden

1 Answer | Asked in Divorce for Maryland on Nov 29, 2014

Answered on Dec 8, 2014

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Evan M. Koslow's answer
You can request it at the time you get divorced. Otherwise, you can file a request for name change which has publication requirements and has an additional cost. There are forms and instructions here: http://mdcourts.gov/family/formsindex.html or you can hire an attorney to assist you.

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Q: How do I apply to put a hold on my exhusband's 401K to pay my son's college loans as agreed in our Divorce settlement, T

1 Answer | Asked in Divorce for Illinois on Nov 12, 2014

Answered on Dec 5, 2014

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Robert M Motta's answer
You need to file a qualified domestic relations order, assuming it's provided in your marital settlement. You should call a qualified attorney.

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Q: Do I have to advise the court that I have moved in with my current boyfriend in a child custody/divorce case?

2 Answers | Asked in Divorce for Georgia on Dec 2, 2014

Answered on Dec 4, 2014

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Julie A. Rice's answer
When there is a divorce there is usually a Standing Order that says that things need to stay as the status quo. You really need legal counsel on this since if you want custody of your kids you don't need to be living with someone who is a boyfriend regardless of your money situation.

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Q: What is the laws in catoosa,Ga on divorce? Thanks

1 Answer | Asked in Divorce for Georgia on Dec 3, 2014

Answered on Dec 4, 2014

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Julie A. Rice's answer
There are many factors that go into play and there aren't enough facts here to say what will happen in your divorce. If you want a divorce, then you need to file where your spouse resides. If your kids are grown then child support and visitation shouldn't be an issue. It sounds like you have property to divide and how this turns out depends on many factors such as how long you were married, who brought what into the marriage, who maintained what while you were married, etc.

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Q: would property inherited during a marriage be split between both parties?

1 Answer | Asked in Divorce for Ohio on Dec 1, 2014

Answered on Dec 1, 2014

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Matthew Williams' answer
This depends upon the nature of the inheritance. Most property specifically given to a person, which is kept separate, can be counted as individual property. If there is a dispute regarding whether or not significant property is marital, you will need an attorney.

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Q: What is the shortest possible time to get a dissolution? Is hiring a private lawyer faster?

1 Answer | Asked in Divorce for Ohio on Oct 21, 2014

Answered on Nov 30, 2014

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Lee Thompson Esq's answer
The papers have to filed first. Once filed, the court has to have a hearing not less than 30 nor more than 90 days after it is filed. All you would have to do is show up for the hearing. An alternative would be do a divorce with a complete by separation agreement, have her be the plaintiff and make sure it is attached. You could do a waiver of service. That one requires some trust on your part and if you elect to do it that, I'd get an attorney to represent you to make sure it goes as planned.

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Q: Is it contempt of court if you were granted divorce and the ex will not sign papers!!

1 Answer | Asked in Divorce for Ohio on Oct 27, 2014

Answered on Nov 30, 2014

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Lee Thompson Esq's answer
She doesn't need to sign the final entry. Only the judge needs to do that. If there are papers she was ordered to sign and won't, that would be a contempt.

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Q: how many times can you cancell court judgementt

1 Answer | Asked in Divorce for California on Nov 4, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
I'm not sure what you mean by cancel a court judgment. "Cancel" has no legal meaning in this context.

Andy

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Q: I'm not named on lease, husband filing divorce, gave 30 day notice to landlord. I have no place to go. do I have rights

1 Answer | Asked in Divorce for California on Nov 18, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
You can seek temporary spousal support for the duration of the divorce proceedings. Since your marriage was relatively long, it is possible you could ask for permanent spousal support (i.e. alimony) as well.

Temporary spousal support is designed to prevent the very situation you're describing -- one spouse earns all the money and one day decides to file for divorce and chuck the other spouse in to the street with no means to support themselves.

If there are children in the...

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Q: Car daughter's before marriage. After totaled and replaced w/ins. Dau only on titles/ins. Separate or marital property?

1 Answer | Asked in Divorce for California on Nov 20, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
I'd say the second car is separate because it was bought with the proceeds from the first car. In law, the fact that something is sold doesn't change the character of the item -- in other words, the first car was separate b/c it was from before marriage. That means the insurance payout is, most likely, separate. When the insurance payout was transformed into the second car, the second car became separate as well even though it was acquired during the marriage by some means other than gift,...

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Q: Before my settlement conference in 8 weeks, can I submit a letter to the judge disclosing several undisclosed issue's?

1 Answer | Asked in Divorce for California on Nov 24, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
A lot of self-represented people think writing a letter to the judge will work. In my experience, very, very, very few judges will bother to read this. This can qualify as an ex-parte communication too so judges, by law, cannot read letters only one side writes to them.

What you want to do instead is get back on the status conference calendar in this judge's courtroom and bring these issues up. It sounds like there might be a lot of issues unresolved, some of them (e.g. removed from...

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