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Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Virginia on
Q: Can my husband marry a second wife overseas? We are married in Islam as well which he’s allowed to marry 4 wives

But at the same time we are legally married in the us

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 11, 2022

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »

1 Answer | Asked in Divorce and Family Law for Washington DC on
Q: Can my husband marry a second wife overseas?

We are married with a 9 months old son. He’s visiting out of the states and I was told from a family member that he’s considering a second marriage over there

Laurence L. Socci
Laurence L. Socci
answered on Aug 10, 2022

No. A valid marriage in any country, including the United States, is a valid marriage anywhere. If he gets married in another country, he could be prosecuted in the United States for bigamy, and the overseas marriage would not be valid.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Question about jurisdiction? Court took all rights away from defendant,in sale of home gave all control to plaintiff,

It says court Does not retain jurisdiction over negotiations between the parties through counsel..

This where it was defendant's family home for 50 years, plaintiff did not want the house. During divorce trial they stated she did not want it, this was all defendant ask for. Court... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2022

What you are seeing in writing would be in the the judgment of divorce. In a divorce, the court does have jurisdiction over the marital assets. When the parties don't agree, it's the court's job to make an order. And the court retains jurisdiction to enforce that order.

2 Answers | Asked in Divorce for California on
Q: Does it matter how long I have been separated to qualify for alimony?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 9, 2022

Under certain circumstances it does matter. For example, if you've been separated a long time (i.e. years) and never asked for alimony the assumption will be that you have achieved the goal of being self-supporting and don't need it.

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1 Answer | Asked in Divorce for Michigan on
Q: I am on SSI. Married for 5 years, divorced in '92. Wife was awarded half my pension. She does not wish to collect it.

Is there a form she can sign off on?

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2022

Was there a QDRO done?

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
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1 Answer | Asked in Divorce for Virginia on
Q: Wife moved out-of-state abandoning junk vehicle on my property. She won't move it. Can I legally have it removed?
Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

Nobody will give you a "guarantee" on any response.

By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal...
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1 Answer | Asked in Divorce for Virginia on
Q: Owned a house before marriage, refinanced while married together (wife and I). Does it count as asset during divorce?

Bought the house full cash 2014. Got married 2018, refinanced in 2020 using the same house and did it together. Does it count as an asset to split during divorce? thanks

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

Possibly. The Virginia State Bar provides to the public the following information:

Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation. Typical examples of marital...
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1 Answer | Asked in Divorce for Nevada on
Q: I want to buy husband out of house during divorce and he is fighting me.

My husband says he wants house sold and doesn't want me to buy him out because he doesn't want me to have it. Can he force me to sell if I want to buy him out?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

If you can not agree on what happens to the house and you ask the court to decided then the court will normally allow the party who wants to retain the home time to refinance and pay the other party their share of the equity in the house.

1 Answer | Asked in Divorce and Child Custody for Nevada on
Q: Do I need to be "friends" with my ex-husband/child's father on social media? Could this affect custody terms?

I am in the process of divorce and no custody agreements have been set. I do not want him as a friend to post or comment on my Facebook. But I can still use Messenger to let him video chat our child. Will this risk even joint custody?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can choose who to allow on your social media, but you should be very careful what you post especially during a divorce proceeding.

Nevada prefers joint custody and uses best interest of the child factors when deciding custody. These factors include coparenting, cooperate and fostering...
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1 Answer | Asked in Divorce for Oklahoma on
Q: My ex husband has stopped the $300 a month in alimony. Can he do that?

The money is to be transferred the 1st of every month. I’ve been divorced since 2009.

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 5, 2022

You haven't given me enough information to answer you. You should read the alimony provisions of your divorce decree to see when your alimony terminates. If it hasn't terminated, contact a family law attorney for help.

1 Answer | Asked in Divorce for Georgia on
Q: My spouse has not completed the parenting course it has been over 60 days. How can I get her to complete it?

I served my spouse with divorce papers over 60 days ago and she did not file an answer nor did she complete the parenting class. The court clerk told me that I could file a motion for pleadings but the judge denied it because my spouse did not file the parenting class certificate. Do I need to file... Read more »

Terri Herron
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Terri Herron
answered on Aug 4, 2022

If there is a standing order, you can file a motion for contempt if the standing order states that he is to take the parenting seminar.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi am trying to find legal counseling for divorce
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 4, 2022

It would be helpful if you were to indicate what county you and spouse have been living in.

2 Answers | Asked in Divorce for Virginia on
Q: My home is owned by me and my parents. My wife left me and resides out of state. Is she entitled to part of my home?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 4, 2022

If spouses are not able to reach an agreement on how to divide their property and debts, those matters can be submitted to a judge's decision through the process of equitable distribution incident to a divorce case.

Title is not determinative in equitable distribution in Virginia....
Read more »

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1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: Is it legal to ask her to sign a prenuptial after marriage and then file for divorce a couple weeks later

She is an illegal immigrant and has lied and cheated on me with my ex-husband and is trying to use me to get a greencard. I don't have much money will have to file things myself.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 3, 2022

A prenuptial agreement should be completed before the marriage. You can, however, sign a postnuptial agreement after getting married. It works the same as prenuptial agreement.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My friend and her husband claim her mother on there taxes as a dependent. She wants to get a divorce and he says that

She cant because she is claimed by them. Is this true? Is my friend trapped?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 3, 2022

What you are describing is completely false. Florida is a no fault state and you can get divorced with out restriction as long as you have lived in the state for more than six months. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Michigan on
Q: In a state of Michigan divorce can I get a portion of my wifes 401k which has approx. doubled since we first married?

We have been married 9 years. The value of the 401k has gone from approx. 23k to 46k. If it weren't for our equal sharing of bills she never would have been contributing as much to get it to the current amount. She has always made slightly more income wise than me over the entirety of our marriage

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

Yes, you may be entitled to an equitable share of her retirement account. Of course, your accounts would be subject to division as well.

1 Answer | Asked in Divorce for California on
Q: What is considered in alimony, date of separation or date of divorce in California? I'm a worried mom.

My daughter's husband ran off with a 21 year old while she was pregnant with their second child. He refused marriage counseling and now lives with this girl going on 3 years. At the time, he signed papers over financial stuff since he agreed to separate their bank accounts and finances.... Read more »

Stephen Peter Anderson
Stephen Peter Anderson
answered on Aug 3, 2022

This is a very involved question. Spousal support is generally based upon needs of the party, after consideration of the incomes are in by both parties. Temporary spousal support in California is done through a computer calculation and takes into account not only incomes but deductions such as... Read more »

1 Answer | Asked in Divorce and Child Custody for South Carolina on
Q: can both parents agree outside court I have sole physical custody and sole discretion of visitation?

shared legal custody and I have sole physical custody.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.

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