Lawyers, Answer Questions  & Get Points Log In
Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: I discovered my wife has been unfaithful now she wants a post-nuptial. Should I sign.?
Nicole Vette
Nicole Vette answered on Sep 22, 2021

It really depends on what it says.

1 Answer | Asked in Divorce for California on
Q: How is home property divided if the spouse was the one making all the mortgage payments?

My spouse was the one handling the mortgage payments given that she made more than me. We got the house while being married but her name is on the title and mortgage. I supported her not necessarily by financial means but more as taking care of the house: once moved in I took care of handling home... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Division of Community Property is tricky and complex. You really need to contact a local Family Law Attorney for input on your particular case.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Divorce for California on
Q: what form and how do i file a motion to dismiss a divorce on lack of jurisdiction?

my wife and son were staying temporarily in California for their safety while our home was being remediated/ renovated. while out in California she decided to file for residency for both her and our son, without my knowledge or consent, and then file for divorce. it was stated and agreed upon prior... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear you are having this problem, but you really need to hire an attorney where this case is pending to properly represent you. There is no form contesting residency of the petitioner in a dissolution proceeding in California, it has to be specially written. You need an attorney to... Read more »

1 Answer | Asked in Divorce for California on
Q: I want to sell a car that I bought years before the marriage. Is she entitled to half the money? We are divorcing.
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Community Property is property that is acquired DURING the marriage. (sometimes in contemplation but most often during) Since you bought the car "years before the marriage" this is your separate property and she is not entitled to have of the proceeds from sale. UNLESS, you made a gift... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Traffic Tickets for California on
Q: How can the IT certification file before corporate burial services allocation that the lifecycle have discharge...upon?

Discharge...timeline for ex. AD or BC etc., Instructions Acanthosis Nigricans-solution; Benadryl Itch Stopping 1-0, 1% Cream...Extreme color code 'neck'-food safety or field marshal commission/Institute Risk Management Merchant ship port--tech, imperial, admiral, ambassador, or nonprofit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

I have to admit that I don't really understand your question, but I can tell you that this is not Divorce, Family Law, Real Estate or Traffic tickets, and if you don't post in the right category then attorneys who CAN understand your question won't see it. You might want to contact... Read more »

2 Answers | Asked in Divorce, Family Law, Immigration Law and Adoption for Utah on
Q: Is there a US citizen requirement for adopting a stepchild?

I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?

Jason F. Barnes
Jason F. Barnes answered on Sep 21, 2021

Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.

View More Answers

3 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2021

Generally you will need to go thru a divorce if he lives with you as he has the same rights to live in the house as you do and to terminate them you need to go thru the court system.

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: How to reopen a closed divorce that was not finalized

I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2021

It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: how can I file for emergency temporary custody to protect my children?
Homer P Jordan IV
Homer P Jordan IV answered on Sep 21, 2021

An attorney can help you right away with the process.

1 Answer | Asked in Divorce for Illinois on
Q: Spouse filed for divorce, I signed, but spouse won’t. What can I do?

My spouse retained an attorney and filed a petition for dissolution of marriage (Illinois). I have not retained an attorney due to financial constraints, but I negotiated with my spouse directly. My spouse had her attorney revise the proposal based on our negotiations and had it sent to me again... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

It is not possible to determine what holds up the signing by the other party which was agreed to be signed by both. Possibly you need to discuss legal methods to facilitate that signing or case completion with a counsel of your choice even remotely.

1 Answer | Asked in Divorce for Colorado on
Q: I’m currently going through a divorce. I own a home that was purchased during the marriage.

I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2021

This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: Filing for divorce, in Oregon both residents. Im the wife am I entitled to alimony, settlements owed .monies?

Married since July 5th 2014 at least still married separated and separate households since October 2018

Husband was soul provider

At the time when we were getting married. We signed, and the wedding official signed document stating husband will pay wife monies out to the wife every... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 20, 2021

In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Divorce Everything has been settled between us. Do i still have to list of bills /property for the court system
Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

The divorce process requires both spouses to file the required affidavits of property and income with the court and provide copies to each other. Use the Find a Lawyer tab to retain a local divorce attorney to advise you.

1 Answer | Asked in Divorce for Florida on
Q: When getting divorced, can my husband claim a house that I got while we were separated?

We have been separated for almost two years and I want a divorce. I am also about to buy a house. Can he claim any part of the house while going through a divorce?

Opal Phiona Lee
Opal Phiona Lee answered on Sep 19, 2021

He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband an I r separating, the car is in both of our name? Can I just take the car? Can he do anything about it?

If we see a divorce judge, who will be most likely to get the car?

The car is paid off. We trade my car in, only got 500 bucks but it was still my car.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

You each have a 50 per cent interest. He can ask it be sold, or get a credit for the half of it.

1 Answer | Asked in Divorce for Mississippi on
Q: Need to know ballpark of the % of income/guide (MS) usually used to determine divorce settlement to know what’s next.

I know there is no standard guide in Mississippi hence the question, but surely there’s an average the court often uses here. Has proposed amt, if is way off I hire Atty if not I don’t need to.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 17, 2021

Division of assets in a divorce action in Mississippi is governed by caselaw such as Ferguson v. Ferguson. You will not find an average percentage used to divide assets. The Court takes into account such things as when and how the property was acquired, who maintained the property, how was the... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a judge require me to sign a quick claim deed with no legal standings.

I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... Read more »

Linda Liang
Linda Liang answered on Sep 17, 2021

The judge must have issued an order. It does not seem that you understand the process well. You should hire an attorney to review your documents and tell you what is really going on.

1 Answer | Asked in Divorce for Texas on
Q: My wife admits to adultery, but says we have nothing to share after 22 marriages.

My wife admits to adultery, but says we have nothing to share after 22 marriages. I asked my lawyer to answer my questions. But he didn't. Now my lawyer writes in the decree that the petitioner (I) is adulterous. Forcing me to sign if I don't sign no longer represents me. I was... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

You immediately fire that attorney who does not fairly and ethically represents your legal interests. In fact, it appears that that licensed professional courses you improperly to sign a fraudulent document admitting to adultery that will have a legal effect on your family law process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.