Divorce Questions & Answers

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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Q: Is there a trusted website that I can go through to get my divorce done without a lawyer?

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

Answered on Sep 9, 2014

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John Arthur Smitten's answer
wait 6 months then you can file in FL.

Use of a lawyer is recommended.

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Q: How can I get around the 2 year residency for a divorce?

1 Answer | Asked in Divorce for New York on Sep 8, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
You need to contact a local counsel to discuss the grounds for the divorce AND the residency requirement. Two years is a requirement if other circumstances do not exist.

(1) You married in New York and either one of you have been a resident for one year on a continuous basis; or

(2) Both have you have resided in New York as a married couple and either of you have been a resident for one year on a continous basis; or

(3) The cause of the divorce occurred in NY and...

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Q: Im in FL, have SSDI, victim of domestic violence and get an Injunction. If he dont want to divorce, how I need to apply?

1 Answer | Asked in Divorce for Florida on Sep 7, 2014

Answered on Sep 9, 2014

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John Arthur Smitten's answer
You do not need his consent to get a divoce. File your case and get it done.

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

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Q: spouse is living with someone as a couple while receiving spousal maintenance in alabama. Can I have payments stopped?

1 Answer | Asked in Divorce for Alabama on Sep 3, 2014

Answered on Sep 8, 2014

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Mr. James Parrish Coleman's answer
You sure can. Section 30-2-55, Code of Alabama says "Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony upon petition of a party to the decree and proof that the spouse receiving such alimony has remarried or that such spouse is living openly or cohabiting with a member of the opposite sex .."

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Q: Married 20+ husband own two houses. I don't work and have 5 kids. Am i entitled to something?

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

Answered on Sep 4, 2014

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Timothy Coe's answer
More information is required to answer this question fully, and you should have an attorney of your own if there is going to be a contest as to children or property. Indiana is a community property state, so anything acquired during the divorce is marital property that is presumed to be split 50/50. If your husband is stalling and you want to move things along, file a motion for a hearing, either provisional, or final depending where you are in the process. Again, a lot more information is...

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Q: Can I get divorce by phone?

1 Answer | Asked in Divorce for Indiana on Jul 27, 2014

Answered on Sep 4, 2014

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Timothy Coe's answer
Not by phone, but you can do pretty much everything via mail. In order to publish the newspaper will need a copy of the summons so it can be run for 3 consecutive weeks. Once you have the proof of the publication you submit that to the clerk of the court for the county in which the case is pending. After 60 days from the date of service you may then file a motion for default by mail to the court (include extra copies, to be sent back to you along with a self addressed stamped envelope). You can...

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Q: Would I have to physically go to court for a divorce if there is no kids or property involved?

1 Answer | Asked in Divorce for Indiana on Aug 19, 2014

Answered on Sep 4, 2014

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Timothy Coe's answer
No, you do not have to go to court if you agree on any issues that may be involved such as debt. Also, as long as you get proper service on him, since he is in Mexico that would probably have to be done via certified mail, he may not appear, and thus a default judgment would be entered. Simply file your petition, with the proper related paperwork, especially the summons, and have it served on him after it's filed. Since you do not have children, all you need to do is wait 60 days and you can...

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Q: I filed a petition months ago when my husband and I agreed on the contents. Now he wont sign. Must I refile?

1 Answer | Asked in Divorce for Indiana on Aug 26, 2014

Answered on Sep 4, 2014

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Timothy Coe's answer
No need to refile a petition, you have an open case, so, if you have children you will first need to complete the transparenting class (both of you), and get the certificate demonstrating you've both completed the class you can file for a final hearing if it has been at least 60 days from the date of filing. If you do not agree to the terms of the divorce decree then you should move for a final hearing at which the judge will make those decisions for you after hearing your arguments and...

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Q: I filed for divorce. He defaulted and motion was filed and accepted. Now what?

1 Answer | Asked in Divorce for Florida on Sep 3, 2014

Answered on Sep 4, 2014

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John Arthur Smitten's answer
You have to set the matter for pre-trial and trial. Use of a lawyer is recommended.

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Q: How many years of spousal maintenance am I allowed to ask for?

1 Answer | Asked in Divorce for Arizona on Jan 29, 2013

Answered on Sep 3, 2014

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Peter Axelrod's answer
The statutory guidelines in Arizona relevant to the amount of time spousal maintenance is paid are at best very general in nature; they do not provide any specific calculation or formula for determining this time period. Therefore, the duration for making spousal maintenance payments is specific to the fact situation of the divorce or legal separation involved such that each case is different.

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Q: Where can I get the the legal forms to file for a divorce?

1 Answer | Asked in Divorce for Arizona on Jan 3, 2014

Answered on Sep 2, 2014

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Peter Axelrod's answer
Most courts where family law matters are heard have forms that can be downloaded for use by the general public. Example below for the Pima County Superior Court in Tucson, Arizona where family law matters are heard:

http://www.sc.pima.gov/?tabid=119

http://www.sc.pima.gov/?tabid=230

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Q: I GOT MARRIED ON JUNE 12, 2013& COME TO USA ON JULY 1, 2013.STILL WE SEPARETED. OUR MARRIEGE IS18DAYS OLD.I NEED DIVORCE

1 Answer | Asked in Divorce for Maryland on Aug 27, 2014

Answered on Sep 2, 2014

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Evan M. Koslow's answer
You can go to the pro-se clinic (which is in the circuit court of each county) where an attorney there can help you fill out a Pro-Se Complaint for Absolute Divorce and walk you through the process of getting your wife served. Otherwise you can consult and retain a private attorney (who will likely charge you a fee) to file and represent you in the divorce process.

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Q: in my dissolution of marriage i was awarded sole responsibility of my children does that mean soul custody?

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

Answered on Aug 29, 2014

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John Arthur Smitten's answer
I would have to review your paperwork but basically yes.

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Q: I have been divorced for 2 years now and just found out that my ex had received military retirement while we were

1 Answer | Asked in Divorce for Florida on Aug 27, 2014

Answered on Aug 28, 2014

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John Arthur Smitten's answer
Yes. I would need to review your documents first.

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

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