Your current state is Virginia
I have my dad staying in my house (me and my husband own the house) and my dad doesn’t pay rent or bills and I want him to move out but he has mail that is coming to my house without my permission. Can I still make him leave ?
answered on Jun 7, 2023
He is considered a tenant. You will have to file an eviction against him, and that process will take several weeks. Since it is likely to cause tension in the home, use the Find a Lawyer tab to retain a local attorney who handles evictions so the process is done properly. Otherwise, if not done... Read more »
Can a company legally keep all important information about Benefits, deferred compensation retirement agreement from the widow he had been married to and still together when he was suddenly killed in an accident. Is it legal for the Company to hide investment accounts, employment agreement... Read more »
answered on Jun 7, 2023
Depending on the facts and circumstances, it is probably not legal for a company to hide the deceased employee’s private documents concerning such matters from his widow. It is more typical for an employer to release the employee’s personal effects and documents which the employee may have... Read more »
Do I have to go to PR to do that?
answered on Jun 7, 2023
You petition the Florida court for a name change. When the petition is granted, you would probably send a certified copy of the decree to the Puerto Rican governmental department in charge of birth records and ask for an amended birth certificate. That is the way it is done in most or all states,... Read more »
May a motion be filed expeditiously if both parties are in agreement?
answered on Jun 7, 2023
You need a consent motion to enter a qualifying order signed by both parties, and a proposed draft qualifying order (also typically signed by both parties, a family law magistrate and a judge). You will need a lawyer to draft the consent motion and qualifying order, and will need to contact the... Read more »
My daughter now lives in Nebraska with the girls
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answered on Jun 6, 2023
Yes, many jurisdictions recognize the concept of "grandparents' rights" to visitation or communication with their grandchildren. However, the specific laws regarding grandparents' rights vary from one jurisdiction to another.
In the case of your daughter living in... Read more »
CONSENT TEMPORARY ORDER ON PLAINTIFF'S PETITION FOR LEGITIMATION AND CUSTODY OF A MINOR CHILD
Does it have to go in front of the judge? Do I file a motion for this? If so, how?
answered on Jun 6, 2023
You can't withdraw from a temporary order. A temporary order is temporary. It is in place until the court can enter a final order. If there is something you want to amend on a final basis, you will need to convey that to the court at your trial or if you and the other party come to an... Read more »
answered on Jun 6, 2023
If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... Read more »
We were split for 7 months she had job and place to stay. Suddenly she was homeless, at my door. our 9 year old son cause wind of the situation. I allowed her to stay under strict circumstances/rules. Within a week she was unemployed. It’s been almost a year, I am going crazy. I need advice on... Read more »
answered on Jun 6, 2023
If your Wife has been served and she has failed to respond to the Petition, you can file a motion for default. However, if she has responded, you will need to comply with mandatory disclosures and request a mediation date be set. Based on the information you have provided, it may be advisable to... Read more »
I filed for divorce and his attorney filed that we are not common law married.
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answered on Jun 5, 2023
Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... Read more »
how do i get started with that?
answered on Jun 5, 2023
A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... Read more »
i need to be able to manage his finances and medical decisions
answered on Jun 5, 2023
A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... Read more »
My current child support says to stop lottery winnings, federal taxes and no passport
answered on Jun 5, 2023
You should consider hiring an attorney to assist you in settling your child support case. An attorney can help you come to an agreement on how much you would pay per month. And as long as your payments are being made, the state shouldn't be trying to garnish other monies . But since you... Read more »
answered on Jun 5, 2023
There are really two types of spousal support, temporary and permanent. Temporary spousal support, awarded in the Juvenile and Domestic Relations District Court, or as pendente lite support incidental to a pending divorce case, is based on a formula, the creates a presumptively correct amount.... Read more »
I have filed a complaint for temporary SS and alimony. I am the dependent spouse. Working hourly part time. And still staying in the marital home. Supporting spouse just got laid of and I suspect he is still in US, address unknown, though claims he is out of the country to live with family who is... Read more »
answered on Jun 5, 2023
In NC if there is an existing action a filing fee for a Motion in the Cause is $20. If you need a Temporary Restraining Order to protect marital assets make sure that at the time it is filed a hearing is scheduled to occur within 10 days of the filing of the Order. Also your Motion needs to make it... Read more »
Assumed market value 10 years ago, but not specified in agreement.
answered on Jun 5, 2023
The question focuses on the language of the agreement and the discussions/agreement in place when you signed the document. If the intent was to share equally the current value of the home and the current mortgage balance vs whether the intent was to share the then existing value / then existing... Read more »
It has now been 60 days since I tried serving the paperwork. We currently are living in the same household that is why I chose to serve the papers myself.
answered on Jun 4, 2023
you need to go to the sheriff's department in the county in which he lives. if he is out of state or far away call the sheriff's department in that county. you need to get the paperwork to them and they will serve him, he cannot refuse. they will mail back to you a return of service. you... Read more »
answered on Jun 3, 2023
Although additional facts may dictate exactly what you can do, you need to serve the other party.
In order to ensure the best possible schedule, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t... Read more »
NCP2 is father of the youngest. The mother has been on welfare continuously 3 years before the birth of NCP2 only child. Both NCPs have current child support orders in County1. When mother moves to county2, only NCP2 gets a default judgment without notice. county2 should have registered the... Read more »
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answered on Jun 3, 2023
If the mother has moved to County2, then the child support orders from County1 should have been registered in County2. If they were not registered, then County2 did not have jurisdiction to issue a new order. You should contact the clerk of the court in County1 to see if the orders were registered.... Read more »
At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.
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answered on Jun 3, 2023
Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... Read more »
Is there a statue of limitation on how long you been married in order to get an annulment?
answered on Jun 3, 2023
An annulment may be granted in the Commonwealth of Virginia based on a number of different grounds that make the marriage void or voidable, including but not limited to, fraud or duress, prohibited co-sanguinity, bigamy, incapacity, infancy, impotency, felony conviction, pregnancy by another or... Read more »
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