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Divorce Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4....
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file an RFO changing the dealer/broker the judge named to handle the sale of a classic car ?

Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.

If you believe...
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1 Answer | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: Explain the 50/50 divorce law. Will I also receive alimony (25+ years of marriage.) His death/marriage stops payment?

He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)

James L. Arrasmith
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answered on Apr 12, 2024

In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.

Regarding...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: Family Code section 2030, in need of lawyer representation

Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.

Regarding Family Code section 2030 in California, this law...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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2 Answers | Asked in Divorce for California on
Q: I was divorced in 2015, We just caught my name was restored to my maiden name, did u legally have to change it?
James L. Arrasmith
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answered on Apr 9, 2024

Based on California law, if your divorce judgment or a separate court order states that your name was restored to your maiden name, that is generally sufficient to legally change your name back. You typically do not need to go through a separate legal name change process.

However, you will...
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3 Answers | Asked in Divorce for California on
Q: my parent died in August i am getting an insurance payout my husband wants it he kicked me out and restarted divorce ?

i want to know if i have any obligation to give this monry to my husband. he id financially abusive. He kicked me out of my home and had the lady who lives there put a stalking order on me. I should be grieving. Is this my property or community?

James L. Arrasmith
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answered on Apr 9, 2024

I'm so sorry for your loss and the difficult situation you're in. From a legal standpoint, whether the insurance payout is considered your separate property or community property depends on a few key factors under California law:

1. The source of funds used to pay for the life...
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2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 9, 2024

It is true that Court is backed up. I have found writing letters briefly explaining the concern and requesting a short conference with the Judge coupled with regular calls to the Judge's chambers assigned to the case (or the Presiding Judge if no Judge is assigned) to be helpful in getting a... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Richard Diamond
Richard Diamond
answered on Apr 9, 2024

I agree that Hudson County is one of the worst in the state for delays in the family part but it may also mean that your papers got lost or are sitting someplace with dust accumulating on them. Your lawyer should be able to tell you which judge the matter is assigned to and he / she should have... View More

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1 Answer | Asked in Divorce for California on
Q: I MARRIED A CON ARTIST......

i met this woman who has 3 kids ( teenagers) and only after 4 months she moved in to MY house. we were living together for 5 yrs. but married for 4. seperated for 1. She made the decision to move out and shortly after she has someone new. she was left a 1.3 million dollar inheritance and yet she... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm sorry to hear about your difficult situation. Divorces can be complex and emotionally challenging, especially when significant assets are involved. Here are a few steps you can take to protect your interests:

1. Hire a reputable divorce attorney: Given the high stakes involved,...
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2 Answers | Asked in Divorce for California on
Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 8, 2024

The location of the marriage is irrelevant. The location of the divorce is irrelevant. As long as you have a valid divorce, you can remarry anywhere you want. A valid divorce outside of California will be considered valid in California. A valid marriage abroad is considered valid in California.

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2 Answers | Asked in Divorce for California on
Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

James L. Arrasmith
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answered on Apr 8, 2024

In general, the validity of a marriage or divorce is determined by the laws of the jurisdiction where it was performed, as well as the laws of the couple's home country or state. California, like most U.S. states, recognizes foreign marriages and divorces as long as they were valid under the... View More

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1 Answer | Asked in Divorce for Georgia on
Q: Yes I am trying to get a divorce with minor kids involved but I reside in Alabama and the father in GA in jail what do

What to do he hasnt seen his kids in almost a year now hasn't spoken to them in 6-7 months I just want my divorce and need to know how to do it living in 2 different states

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You can hire an attorney and have the papers drafted. They can then see if the father will sign the papers. If the father will not sign the divorce documents, you will need to file for divorce and have the father served. And there is a way to perfect proper service on a defendant who is... View More

1 Answer | Asked in Divorce for Georgia on
Q: What does it mean when a Motion for judgment on the pleadings has been filed in a divorce? How do I proceed?

I filed for an uncontested divorce in Henry County, GA, on 2/16/24, with no assets to split or children in the marriage. I received notice on 3/25/24 that the judge would not enter an order at this time as a Motion for Judgement on the Pleadings had been filed with the Court.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You have opted to represent yourself. Which means, you have to file the proper documents in order to obtain a divorce, just as if you were an attorney. They have given you the name of the motion that needs to be filed, but they will not instruct you as to how to draft said motion. If you are... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
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