Divorce Questions & Answers

Q: Judge order me 2 give a car lieu of $ 4 ex-wife law fees. small loan still on car. Judge rule they to pay off.Fl civ r ?

1 Answer | Asked in Divorce for Florida on Aug 21, 2014

Answered on Aug 22, 2014

Follow Question


John Arthur Smitten's answer
You have to comply with the order unless you want to file an appeal. Use of a lawyer is recommended.

Answer this Question View More »

Q: I'm divorced, no kids, was married 25 years. Can my retired ex wife take me to court in the future for anything else?

1 Answer | Asked in Divorce for Texas on Aug 13, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
If the decree stated that you had to do something, like pay a debt or give her a car title, then she could take you back to court. Otherwise, after 30 days the court loses jurisdiction over your case and it is final.

Answer this Question View More »

Q: I want to modify/tighten up my divorce decree, adding a parenting plan. No change to custody or support. How?

1 Answer | Asked in Divorce for Texas on Jun 4, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
File for a modification. You might consider mediation to resolve your differences. Normally if it has been a few years the court will look at child support and bring it current. I hope this info is helpful.

Answer this Question View More »

Q: If the judge has not signed the final divorce decree, are the terms enforceable

1 Answer | Asked in Divorce for Texas on Aug 18, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
No. If the document has not been signed by a judge then no one is "ordered" to do anything and there is nothing to enforce.

Answer this Question View More »

Q: If I have my 3 boys for a month do I still pay support for that month.

1 Answer | Asked in Divorce for Texas on Jun 26, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
If there is an order then it states it's paid monthly. Just because you had the children for one month in the summer does not negate your need to pay child support for that month -- unless your decree states differently. If you don't understand it, take it to a family law attorney to explain it to you. Good luck!

Answer this Question View More »

Q: I got married in Becar county but am now living in Webb county should I have filed in bexar since thats where I got marr

1 Answer | Asked in Divorce for Texas on Jul 29, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
You file where you currently live if it's been more than 3 months.

It's irrelevant where you married.

Good luck!

Answer this Question View More »

Q: How do i find a cause #? My Ex filed for a divorce and will not tell me when or where. He is now Remarried.

1 Answer | Asked in Divorce for Texas on Aug 1, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
Contact the Bureau of Vital Statistics in Austin, Texas. They keep track of all divorces throughout the State of Texas.

In a divorce you should have been served with legal paperwork. If not, that is suspicious.

You need to make sure that the divorce was finalized and the Final Order of Divorce was signed by the judge.

Good luck!

Answer this Question View More »

Q: What I'm entitled to in a divorce?

1 Answer | Asked in Divorce for Texas on Aug 18, 2014

Answered on Aug 21, 2014

Follow Question


Fran Brochstein's answer
If you now live in Mexico then where you married is irrelevant since you are no longer considered a Texas resident after you left Texas for more than 6 months. I don't know Mexican law. Talk to an attorney where you currently reside. I hope this info is helpful.

Answer this Question View More »

Q: I filed for a default if the judge denies it, will there still be a court date? if not what should be done?

1 Answer | Asked in Divorce for Maryland on Aug 14, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
It's up to the judge. He or she can order the person to file an answer, can move forward to schedule a conference with the parties, can issue a scheduling order, or can schedule the matter for a final hearing. The order ruling on your motion should instruct you on what will occur next.

Answer this Question View More »

Q: Request for Production of documents on a non-party can the non-party require a copy of the signed order?

1 Answer | Asked in Divorce for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
What signed order?

Please provide more information.

Answer this Question View More »

Q: I have full custody of my kids and my ex wife gets them for Summer break. Now she is refusing to give them back!

1 Answer | Asked in Divorce for Florida on Aug 14, 2014

Answered on Aug 15, 2014

Follow Question


John Arthur Smitten's answer
You have to file for an emergency pick up order asap.

Use of a lawyer is recommended

Answer this Question View More »

Q: Alimony question

1 Answer | Asked in Divorce for Florida on Aug 14, 2014

Answered on Aug 15, 2014

Follow Question


John Arthur Smitten's answer
Cohabitation with another man demonstrates that she does not have any need for alimony. However you still may have exposure.

Use of a lawyer is recommended

Answer this Question View More »

Q: Thinking of a legal separation, husband has a own business.

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

Answered on Aug 12, 2014

Follow Question


John Arthur Smitten's answer
You are entitled to half the business, but the credit card debt is his.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

john@tcarey.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: Do I have to file in Florida?

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

Answered on Aug 9, 2014

Follow Question


John Arthur Smitten's answer
You can get it done in FL and you can appear by phone or Skype.

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

john@tcarey.com

www.careyandleisure.com

Answer this Question View More »

Q: If my ex and I agree on a support payment amount on our own, do the payments need to go through the State System?

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

Answered on Aug 9, 2014

Follow Question


John Arthur Smitten's answer
No, they can be paid directly. You should have it reduced to writing.

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

john@tcarey.com

www.careyandleisure.com

Answer this Question View More »

Q: Can I get divorced if my husband is in Mexico and can't come here and me and my kids just moved back to wa state ?

1 Answer | Asked in Divorce for Washington on Dec 18, 2013

Answered on Aug 2, 2014

Follow Question


Spencer Richard McMullen's answer
The court will most likely accept your case if you meet the residency time limits for your state. As far as serving the other party in Mexico, treaties between the U.S. and individual countries or international agreements such as the “Hague Convention on Service Abroad” and the “Inter-American Service Convention” will govern service of process, it can be tricky and cost a bit more than simple service in the US, not doing it properly could give the other party rise to attack a judgment...

Answer this Question View More »

Q: Can my spouse divorce me from Mexico while I am in Utah

1 Answer | Asked in Divorce for Utah on Apr 24, 2013

Answered on Jul 30, 2014

Follow Question


Spencer Richard McMullen's answer
Yes the spouse can start the process in Mexico but to serve you properly will be a bit of a hassle and expensive due to needing a letter rogatory and having to translate the papers and follow the guidelines of the Hague Service Convention

Answer this Question View More »

Q: How do file or present divorce papers to a spouse in mexico?

1 Answer | Asked in Divorce for South Carolina on Mar 11, 2012

Answered on Jul 30, 2014

Follow Question


Spencer Richard McMullen's answer
You would have to have the local court send a request called a letter rogatory to the area where he is and then the court would serve him and give you a proof of service. If service is not done this way then service could be attacked at a later date.

Answer this Question View More »

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

Follow Question


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

Answer this Question View More »

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

Follow Question


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

Answer this Question View More »