Divorce Questions & Answers

Q: What are my rights to write and file my own Declaration when my Attorney and I are at odds?

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

Answered on Oct 18, 2014

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Gina Marie Famularo's answer
Why on earth would you not take the advice of your attorney, who, hopefully, has years of education and experience? If you have that little confidence in the expert YOU hired, fired him and represent yourself! If your attorney does not want you tout something in a declaration, it is probably because including the information is not in your best interest. Either follow your attorney's advice, find someone you can more fully trust, or represent yourself.

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Q: Has the california divorce paperwork for a summary dissolution been updated or changed in anyway since 2008?

1 Answer | Asked in Divorce for California on Oct 15, 2014

Answered on Oct 18, 2014

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Gina Marie Famularo's answer
You can go to the California judicial counsel website to download the most current forms. Many of them have not changed in years. Don't be surprised if 2008 is the most recent revision of the forms you are asking about.

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Q: I don't have money to pay for an attorney to handle my divorce. Do I have to do it myself? This is a terrifying thought!

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

Answered on Oct 14, 2014

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Edgar Diaz's answer
If you're spouse has money then the court can order him/her to pay for your fees and costs, including attorney's fees. If neither you or your spouse have any money, then you can go to a self help center at court and ask for free help and a fee waiver. They are not lawyers, they will only help you fill out the forms, and normally there are a lot of people waiting in line. If your spouse has money, an attorney MAY file the paperwork with a fee waiver and ask the court to have your spouse pay...

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Q: i live im calif amd have beem legaly married for 14 years but o i lived with him for 1,am i emtitle to amythimg

1 Answer | Asked in Divorce for California on Sep 28, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
It depends what the date of separation was, or if there is a date of separation. Date of Separation is a specific definition whereby both parties exhibit an intent to divorce, and do not intend to continue with the marriage. Any property acquired during marriage is community property. Marriage is from the date of marriage to the date of separation.

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Q: I inheirited a home, lived in it, sold it,with the proceeds bought a new home, is it community property?

1 Answer | Asked in Divorce for California on Oct 9, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
the home you inherited was your separate property. When you converted that home to money, and used YOUR money to buy a home during marriage, then he has a claim that the home is community property, absent written agreement to the contrary. If you wanted to keep it separate, you could of made him sign a post nuptial agreement. If you are thinking about a divorce, then you should hire an attorney and get advice in person. I would need more facts to give you a clear answer.

Don't...

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Q: Who has the custody for a 6 months old baby in Los Angelo's California between a Canadian father and american mother?

1 Answer | Asked in Divorce for California on Oct 11, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
both parties have equal rights to the child, the court will make a determination as to who will have primary physical custody. Absent a court order,, both parents have equal rights.

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Q: if debt was accumulated prior to marriage but continued to grow during who is responsible for it?

1 Answer | Asked in Divorce for California on Oct 12, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
The interest that has accumulated from the principle debt that was acquired prior to marriage is still separate debt. Any new debt and interest on that new debt that was acquired during marriage is community. For example, if you had $1000 of credit card debt prior to marriage, and during marriage you never used that credit card but the interest added $250, for a total debt of $1,250.00, then an attorney would argue that all that debt is separate debt and only the spouse that incurred the debt...

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Q: My husband is in jail and I want a divorce. what steps do I take.

1 Answer | Asked in Divorce for Georgia on Oct 9, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
More information is needed. Although he is in jail, you still have to have grounds for divorce. The first step should be to consult with a lawyer, especially if you have minor children, marital assets, and/or marital liabilities. An initial consultation does not obligate you to retain an attorney. However, it's a good first step.

Yes, if you don't have grounds for the divorce, he can fight you. However, nowadays, objections to a divorce are rarely successful. In my experience,...

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Q: Rescind Divorce agreement before court

1 Answer | Asked in Divorce for Florida on Oct 10, 2014

Answered on Oct 13, 2014

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John Arthur Smitten's answer
You have to file a motion to set aside the agreement asap. Use of a lawyer is recommended.

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Q: I was awarded exclusive use/ownership of the property in the settlement, & I sell the home, is he entitled to half

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

Answered on Oct 9, 2014

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John Arthur Smitten's answer
If you were awarded ownership of the home in the divorce then when you sell the proceeds should be 100% yours. Need to review your paperwork.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

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Q: how can i prove my exwife has her boyfriend living in the home I pay the mortgage on as well as they both have alienated

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

Answered on Oct 4, 2014

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John Arthur Smitten's answer
Depositions, surveillance, private investigator, to start.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

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Q: I owned the home we lived prior to our marriage Is she entitled to any part of it? Durin marriage she did help with mort

1 Answer | Asked in Divorce for California on Sep 26, 2014

Answered on Oct 4, 2014

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Gina Marie Famularo's answer
If you never put your wife on title and the house was purchased before marriage, your wife could still have acquired a small interest I. The home under a Moore-Marsden claim. It is usually only a tiny percentage of the value of the home. Make an appointment with an attorney if you would like help calculating the amount of her interest.

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Q: My husband served me with divorce papers in 2008 but didn't finalize. I want to finalize now, how do I do that?

1 Answer | Asked in Divorce for California on Sep 29, 2014

Answered on Oct 4, 2014

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Gina Marie Famularo's answer
Even if you are not planning on hiring an attorney, you should probably meet with one to help you assess where the case is at. The answer to this question depends on where your case is in the legal process. There are numerous things that could have happened since 2008. Has the case been dismisses? We're you served? Have you been defaulted? Have you each done a preliminary and final declaration of disclosure? The list is virtually endless.

Seek the help of a professional to review your...

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Q: What should I do now?

1 Answer | Asked in Divorce for North Carolina on Sep 29, 2014

Answered on Oct 1, 2014

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Amanda Bowden Houser's answer
What you should have done in the first place - hire an attorney. If your transmission breaks and you are not a mechanic you wouldn't in a million years think to yourself, I gots a screw driver and some duct tape I'm gonna fix that sucker meself. So why with the law, something arguably more important than a transmission does everyone think - hey I can do that? Often people think they might save money doing their own divorce - truth is they often end up spending more than if they would have...

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Q: Do you have live in separate house to be legally separated?

1 Answer | Asked in Divorce for Maryland on Sep 25, 2014

Answered on Sep 30, 2014

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Evan M. Koslow's answer
Maryland does not recognize anyone as "legally separated." Depending on what relief you are seeking and what grounds of divorce are available to you at this moment, you may be able to to file for a limited divorce or an absolute divorce. A limited divorce only provides the following relief (and does not dissolve the marriage): custody, child support, alimony, use and possession of the family home (and vehicle), and attorneys fees. The remaining matters of division of retirement, real...

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Q: I filed for divorce in 2010 & did mediation and he refused to sign papers. Now he sent papers and is claiming little $.

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

Answered on Sep 30, 2014

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John Arthur Smitten's answer
if the papers were never completed in 2010 then you are not divorced so you have to start over. Use of a lawyer is recommended.

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Q: Is it illegal for a spouse to take a vehicle that is solely in the other spouse name

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

Answered on Sep 27, 2014

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John Arthur Smitten's answer
Taking a car to TX that is not registered to you would be a mistake

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Q: What must I do so my Husband does not take all of our Ptoperty and Assets?

1 Answer | Asked in Divorce for Florida on Sep 15, 2014

Answered on Sep 15, 2014

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John Arthur Smitten's answer
File for divorce asap and get an order freezing the withdrawal of assets.

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Q: complaint for divorce been filed, can I buy a house before judge signs papers but after we both sign divorce papers.

1 Answer | Asked in Divorce for Alabama on Sep 5, 2014

Answered on Sep 11, 2014

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Mr. James Parrish Coleman's answer
There is probably a "status quo" order in place, that prevents you from doing what you describe. You say the complaint has been filed. THat means you are in court, and that the status quo order is probably in place. You should wait until you get a final order on the disposition of the real property, or if you can't do that, move the court to allow you to do what you are proposing pending the final order. You would be foolish to do this without an order during the pendency, or a final order....

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