Your current state is Virginia
A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... Read more »
Not sure of your question. Usually the plaintiff signs the Complaint which is filed, then served on the defendant. In an Irreconcilable Differences Divorce, noone is getting a divorce until all agree and the Judge grants it.
My wife of 9 years moved and left me in GA
Did you want us to answer a question for you? If so, you need to post the question here first.
I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... Read more »
Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... Read more »
He submitted an interrogatory and production of documents a year ago and lied about his income. He has two sources of income and only reports one. My attorney then said that his second source of income will only be brought up in the event he states that he can’t afford my interim spousal support.... Read more »
Parties have ongoing obligation to update Discovery Responses. Your attorney knows the law.
My husband then down the line in family ify husband died. The father died 4 months after our marriage, it's now legally his, with the will of continued family pass down. No prenup was signed, in a divorce so I have rights
Thank you
Every state was given the opportunity to adopt the "Uniform Probate Code." Washington adopted it and had changed a few things over the years. However, one thing that remains the same is that someone who dies with a will has the opportunity to make "devices" "gifts"... Read more »
He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?
Yes he can be served in jail. Since he's just in jail, not prison, that's usually not the last know residence. Gwinnett may be the better place for correct venue. You should consult with an attorney on how to best move your case forward.
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »
The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »
If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.
She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... Read more »
I would reach out to an attorney who handles estates matters. I sounds like your son's estate probably has a claim against his former spouse for the funds that were supposed to be transferred to him pursuant to the divorce decree.
I don't understand the part of your question... Read more »
This is a very complicated questions that involves multiple levels of issues.
Deadlines and how the evidence was obtained, type of case and the judge all just a few variables that can keep evidence out.
I encourage you to contact an attorney to discuss your case in detail as it... Read more »
You can file a violation of support petition in Family Court for spousal and child support or you can file a motion for contempt in Supreme Court.
Is there any advantage or disadvantage to getting a divorce while unemployed? I keep hearing very different opinions on this issue. Who's right?
We don't know. More information is needed. Are there children involved? What assets will be fought over? Who is paying the family's bills right now? Do you live in the same house? What are you doing to get back on your feet?
I can say that if you file for divorce now, the... Read more »
Yes, I am a 30 year old man who has been married to a 65 year old woman who is a very successful financial advisor for around 2 years now. On March 20th of this year, I immigrated to the United States. She is also my sponsor to the United States. As I arrived in Utah, United States where she is... Read more »
It's a little difficult to answer your question, because there is a lot of information that is missing. I am assuming that you have a two year conditional green card. I don't know if you are divorced yet. If so, you may be able to petition to keep your green card.
I would... Read more »
I refinanced the house taking my ex-wives name off the mortgage but it remained on the deed. The only thing the divorce decree says is the we will hare the "net equity". The house is selling 6 years after the divorce. What goes in to "net" equity. My realtor says i can take... Read more »
If your agreement doesn't allow to deduct payments and taxes, you cannot. Net equity is sales price minus closing costs and mortgage. Deducting the payments would mean you got to live there for free for 6 years. You had to pay those somewhere.
Yes, if no funds are going into them, it is OK to close and divide them. Just make sure you provide your spouse an accounting and provide your spouse half of what is in the accounts.
The concern of the Preliminary Injunction is to ensure that you don't transfer assets for the purpose... Read more »
Does claiming alcoholism as a fault have any strategic advantage? I have proof as to how it has adversely effected the kids.
If your 14 year old wants to love with you, that will make your case easier. If you are able to prove she has an alcohol issue, that may impact custody and parenting time.
My divorce was granted in 2016. A handwritten order was filed outlining the terms of the divorce. I, the father, was awarded sole custody and everything else was split. My lawyer passed a few days after the hearing and never filed the final decree. How do I get one and will I need a lawyer. I’d... Read more »
You can always represent yourself in court. You will need to draft the decree along with a custody plan and child support calculations, forward it to opposing counsel for them to approve and sign (along with your ex) and present the signed decree to the Judge. It will be up to the Judge if they... Read more »
I committed adultery and my wife filed for divorce. We are still in the middle of the divorce and now she is dating someone. Can that affect her alimony? I have proof of the guy spending the night at her house with our toddler there asleep. Can that affect custody?The case is in Georgia.
It likely will not affect alimony. In order for it to affect alimony, the adultery needs to be the cause of the separation. It appears that the marriage ended because of your adultery and she is dating now. Whether or not the person spending time overnight with your child there is enough to... Read more »
My spouse has paid nothing for or to this house and I would like to remove them before filling for divorce. The bank still owns the deed and we are together on the mortgage but I pay everything. We've been in this house for 20 months.
You can't just remove someone's name from a mortgage (home loan). To remove someone from a home loan you have to refinance the loan. You would then need to sign a new Deed and your spouse would have to sign it too.
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