Lawyers, Answer Questions  & Get Points Log In
Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

1 Answer | Asked in Divorce for Michigan on
Q: My husband filed for a divorce on July 18th I was served on July 20th he then stated that he never submitted his

Paperwork into the court because he still wanted to be married. Now he is being supena to go to court on October 24th

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

He can file a dismissal with the court at any time.

1 Answer | Asked in Divorce for Ohio on
Q: My wife filed for divorce. The papers were sent a month ago via certified mail. I have not received the papers.

The tracking indicates it is running late, but on the way. When I checked with the post office they said I should have received it by now, it was probably destroyed by their sorting machines. Not sure how to proceed or who to contact. I do not have an attorney due to finances. I let her and her... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Oct 5, 2022

The Ohio Rules of Civil Procedure require that service must be completed on the opposing party prior to the court making any final rulings in the case. There is nothing to do until the papers are received from the post office, sheriff or process server. Parties who avoid service can be served by... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: 2015 my ex was ordered to pay $5K in equitable distribution, but he never paid and was contempt. He since filed Ch. 7.

He filed Ch. 7 in 2017. We live in VA. Can I take him back to court to enforce the order in the divorce decree?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Oct 5, 2022

A contempt proceeding for an ED violation may or may not be a violation of the automatic stay in bankruptcy. The question is whether the purpose of the proceeding is to extract a private monetary remedy (not allowed) or to uphold the dignity of the court (allowed). Some have cast this as civil v.... Read more »

1 Answer | Asked in Contracts, Divorce and Family Law for California on
Q: A person inherited house & was with some1 not married then moves to new house & takes 200k into new home w/person

Will the person get anything if they separate after 10 years of being together ? What if new house has both people on the deed ?

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

This is a little confusing and more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce for Florida on
Q: Husband and wife both agree to a divorce both have agreed to a parenting plan so why would the judge keep continuing

The case? The judge keeps bringing up restraining orders from years ago that have been handled and is not the situation anymore is there a way to request a different judge?

V Julia Luyster
V Julia Luyster
answered on Oct 4, 2022

You may not ask for a different judge. If you have a Consent Final Judgment prepared the judge may be looking at the history of any domestic violence as a factor to determine if the Parenting Plan is in the best interest of the children before the Judge signs off on it.

1 Answer | Asked in Divorce for Florida on
Q: What does - MOTION / WAIVER REQUESTING EX PARTE FINAL HEARING,. WITH FINAL HEARING SWORN TESTIMONY means?

I am in the last part of my divorce (no children or property, yet taking more than a year), and saw this entered in the public record, what does it means? Does it means I am waiting for the judge to schedule the final hearing?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2022

This means that the judge can enter your final judgment without a hearing. If everything is settled then this is how your case will end.

1 Answer | Asked in Divorce for Georgia on
Q: If a house was bought with personal settlement monies while separated but not legally. Is it community property?

The monies from the settlement were also deposited into a brand new account and the house bought from that account . The couple had been separated for 2 years already with an order of protection in place .

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 4, 2022

Any house purchased during the marriage is marital property. The court can decide to award the property to one party vs. the other or a certain percentage based on fairness. We are not a community property state.

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Consult with a local attorney to determine your options for divorce.

View More Answers

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

Annulments are very rare and difficult to obtain. You might have grounds, but if you can get him to agree to an Irreconcilable Differences Divorce, it will be far cheaper and quicker. Hire a competent attorney to advise about this, including looking for divorce grounds in the near future.

View More Answers

1 Answer | Asked in Divorce for Michigan on
Q: My son’s ex wife lied during the divorce, saying she was not pregnant. She was 4 months pregnant.

He agreed to pay alimony. She is now living with the father of her new child. Does my son have any legal recourse being that she lied. It also proves she committed adultery. My son does not feel he should have to pay alimony to provide for her new family.

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2022

Possibly. He should retain an attorney to look into post-judgment relief.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

View More Answers

1 Answer | Asked in Divorce for Illinois on
Q: I'm in Illinois & approaching my last maintenance payment. My payroll department says they need an official end date?

In order to be proactive, I have contacted my payroll department at my place of employment to determine what I need to terminate the maintenance. I have been employed there the entire time I have paid the maintenance. They have told me they need a "release" form or some sort of document... Read more »

Cheryl Powell
Cheryl Powell
answered on Oct 2, 2022

You need an Order for Withholding that specifies an end date. Talk to your divorce lawyer. It is not difficult to get one.

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Divorce for Georgia on
Q: I will be filing for divorce from my husband here in Ga, can I file and move to Va.?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 1, 2022

You need to speak with an attorney about your situation. If you have minor children, moving may not be best. If you don't, it may be possible for you to file and move immediately.

1 Answer | Asked in Divorce for New York on
Q: In New York if both the Spouses wants to discontinue the divorce action, who has to pay attorney fees?

The spouse who has started the divorce action and monied spouse is responsible to pay other spouse;s attorney fees?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 30, 2022

Unless court ordered, everyone pays their own legal fees.

1 Answer | Asked in Divorce for Georgia on
Q: I am 72 years, my husband is divorcing me. How can I make him sign a LOAN MODIFICATION my mortgage bank I approved.

husband had a stroke in 2018 he has never been the same. I know that his mental capacity has changed because of this. I will lose my home. He has said he doesn't care. I will lose everything I have invested in this home. He now lives with his son . What can I do so the bank will approve the... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 30, 2022

You can't make him sign anything. You can request from the divorce court the ability to modify the loan.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

1 Answer | Asked in Tax Law, Divorce and Family Law for Nevada on
Q: Can I claim our son on my taxes, who in our decree is supposed to be claimed by my ex husband?

My ex husband and I have been divorced a few years. We share 4 children. In our decree we each claim 2 of our children on our taxes. I have primary custody and he has visitations. This year our oldest son has stopped his visitations with my ex husband. He has solely lived with me since the first... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Sep 30, 2022

Generally speaking the parent who has primary custody claims the children on taxes UNLESS it has either been agreed or Ordered otherwise in the Decree.

If your Decree states that the father is to claim 2 of the kids then its best to follow the Decree to avoid being in contempt.

If...
Read more »

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.