Get free answers to your Family Law legal questions from lawyers in your area.
Your current state is Ohio
my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.
we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More 
answered on Nov 21, 2024
Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More
My ex-wife is expecting a child in two months. Our daughter who is seven is not allowed to be alone with her boyfriend via our court order. I want know if there a motion I can file to prevent my ex wife from leaving our daughter in the hands of someone not verified
answered on Nov 21, 2024
What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More
So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More
answered on Nov 21, 2024
Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More
Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?
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answered on Nov 21, 2024
Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More
Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?
answered on Nov 21, 2024
The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.
Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the... View More
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
answered on Nov 21, 2024
To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More
My salary is $110k. Hers is $135k. We have three kids.
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answered on Nov 19, 2024
Yes, property acquired during the marriage, except for inheritance is considered marital property. Florida is a 50-50 equitable distribution state. This means that, any interest acquired in any assets during the marriage is subject to equal division. This does not matter if her income is more. One... View More
I've tried asking a family law lawyer who said since the child is above 18, it becomes a guardianship issue. They gave me 3 guardianship lawyers. I called two and both said it would be family law. So I went to the FL child support website and called their number. They said child support is... View More
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answered on Nov 18, 2024
Generally child support issues fall within family law. However a case related to the disabled child must be filed before the age of 18 for the family law courts to have jurisdiction over the matter beyond the age of majority. So the question is, was there ever a case that was initiated that child... View More
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More
The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska
answered on Nov 18, 2024
The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth... View More
FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county
answered on Nov 18, 2024
Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More
I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More
answered on Nov 18, 2024
You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More
answered on Nov 18, 2024
You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More
answered on Nov 17, 2024
A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More
Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?
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answered on Nov 17, 2024
If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.
If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have... View More
My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?
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answered on Nov 16, 2024
The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More
I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More
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answered on Nov 16, 2024
I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More
When I filed RFO I had to send blank response for her. There were none for me.I was expecting the response papers not a RFO in return. I am confused. Can I change what I requested in my original RFO?
answered on Nov 15, 2024
The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive... View More
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More
answered on Nov 15, 2024
Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.
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