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Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: The husband never talk just suddenly sent me a email from a attorney about divorce case, I don't know what is that?

I'm in the process of divocing the husband. But I need time to figure out something. I broke my bone and cannot work at the present. I live and rest at another place because it is too depressed if I don't move out. but husband looks like he is in hurry to finish the divorce as fast as he... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 25, 2022

Retain a lawyer, Yiu may be able to get temporary spousal support until you can return to work, The service not be good but I cant tell you for sure without looking at the file..

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can spousal support not alimony be taking away if I move in with my boyfriend? This is in Pennsylvania
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.

We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband wants a divorce and is trying to sell before the divorce a vehicle he gifted me prior to marriage.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I paid a divorce attorney a retainer for services. He went out of business. How can I get a new attorney with no money?

I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.

This hourly scheme works wonders for an attorney who wants to abandon...
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1 Answer | Asked in Divorce for Florida on
Q: Do 18 yrs old children have to get mothers permission to leave country with father?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

If you are 18 with your own ID and passport then you can legally travel unless there is a specific court order that says otherwise.

1 Answer | Asked in Divorce for Florida on
Q: Does mother have to be informed of where the father is taking his 18yr old children for vacation
Mr Eric Klein
Mr Eric Klein
answered on Nov 23, 2022

Once you are 18, you are emancipated. With this in mind, no you do not legally need either parent's permission to travel with the other. Good luck!

1 Answer | Asked in Divorce for New York on
Q: how will assets be distributed if we have a separation agreement from 2015 and now going through a divorce?

I filed for divorce in march of 2020. We were separated for 5 years already.

Howard E. Knispel
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Howard E. Knispel
answered on Nov 23, 2022

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

1 Answer | Asked in Divorce for New York on
Q: How long will my divorce take in Bronx County (New York)?

So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.

1 Answer | Asked in Family Law and Divorce for New York on
Q: I'm going to court November 29th for a divorce that I asked my husband for over 26 years no children should I persu

We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... Read more »

1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I have a question about settling finances before a divorce

Basically just want a legal person to review this statement and make sure it doesnt sound sketchy.

Hey just finished meeting with the lawyer.

First I’ll file a complaint for divorce that just starts our actual separation. As of right now property we’ve separately acrewed is... Read more »

Richard Diamond
Richard Diamond
answered on Nov 21, 2022

My advice (which should not come as a surprise) is that it's worth your while to schedule a consultation with a lawyer who specializes in divorce law (not a general practitioner who also handles divorce matters) to review your asset setting, respective employment settings, etc to give you... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Legally divorced if in the divorce decree the name of ex-husband is incorrect?

Ex’s name in divorce decree is (using initials only) JAF instead of JIF.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 21, 2022

Have your lawyer correct this. It may cause you issues in the future, The good news is you are divorced.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: What asset protection is available for a single individual planning to buy real estate with a married individual ?

To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.

Julie King
Julie King
answered on Nov 19, 2022

Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife does not want to divorce but will sign a separation agreement or postnup for lump sum. What is best way forward

She is too traumatized to divorce right now, but needs a lump sum representing half the community property and 7 years of spousal support. What is the best document for her to sign so that if she agrees to divorce later, the court will deduct this pre-payment from what she is owed in a divorce... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 19, 2022

A post nupt agreement is what you need,

1 Answer | Asked in Divorce for Texas on
Q: My soon to be ex husband filed for divorce and everything he put in for the reason was a lie and I never got a chance to

Fight back and deny the petition he defamed my character by saying I abandoned my son at a strangers porch which is not true and he used that excuse to get early discharge out of the army! I have proof I wS with my son taking him to school every day during the dates he's accusing me of doing... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 18, 2022

Retain a lawyer and have your day in court, He has to prove the allegations . His word alone is not enough

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Nov 17, 2022

File a petition to modify time sharing.

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: In VA, 12 mnths of separation is req'd w/ minors before divorce. Do I need notarized separation agreement to prove date?

I know in VA, a legal separation agreement is not always (or ever?) necessary. But we are separating under the same roof which I realize complicates things. We started this beginning of August, and have done everything on the "separation list" that we found in our research (separate... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 17, 2022

While the Virginia Court of Appeals has decided that it is possible for spouses to live separate and apart under the same roof, not all Circuit Court judges readily accept that idea. The idea is more popular in certain areas of the state, such as Northern Virginia, where the costs of housing is... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: why can't I file my own case? Wanting to file "Petition for Disolution of Marriage" but they won't provide forms (?)

soon-to-be-EX-wife is agreeable, but they say I need a lawyer, which is NOT TRUE. All filings and documents, and FORMS to file said documents are PUBLIC...I, too, am PUBLIC. So why do I run into a brick wall? Why is there no help for me, John Q. PUBLIC?

Pete David Louden
Pete David Louden
answered on Nov 16, 2022

You are correct. There is no requirement to have an attorney represent you in a divorce case in Oklahoma. Any Oklahoma resident who meets the jurisdiction requirements can file their own divorce proceeding. With that said, the court does not provide forms to file for divorce, but you can file your... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: I live in TN and wanting to file for divorce. We have a marital home but I am not on the mortgage. Can I be evicted?
Anthony M. Avery
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Anthony M. Avery
answered on Nov 16, 2022

If you are named as a grantee on the Deed(not the Deed of Trust), then you have no ownership. Owner can file a Detainer Warrant unless you have a spousal support Order from the Divorce Court.

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