You should contact an experienced attorney about this issue. You will want someone to review both the Decree of Divorce and the Protective Order and advise you on how those 2 orders interact. Without seeing both orders, it is impossible to tell you what you can and cannot do moving forward.
Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... Read more »
This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.
My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?
Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.
Hello!! I’ve really concerned about a couple things that are going on in my life right now. So, talking to a friend of mine. My concerns came up and he suggested me this place. So, I would love to ask you a couple questions and give you a little idea of what’s going on. Anyways, here is the... Read more »
That's ridiculous, unless you're abusing his name by doing something that causes him irreparable harm, orders to show cause are for emergent relief only. He may however file a motion to enforce the judgment. You should contact an attorney for a free consultation.
Legally, it will depend on the terms of the court orders. Generally, a former spouse cannot control who the other former spouse allows to be around the children, but it depends on what your boyfriend may agree to as divorce settlement. Unless you are an ax murderer, drug abuser, child abuser,...Read more »
My husband has been unfaithful during our 5 and a half year marriage, we have one child and I am currently pregnant with number 2. His car is paid off, our 2nd car is a lease under both of our names. He has a house where he is a "co-applicant" but he is on the loan and the title of the... Read more »
You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free...Read more »
Person files for divorce and serves them, spouse after has a lawyer serves him divorce papers under a different case that show filing after. Both cases show different petitioners. Who is the petitioner and who is the defendant as well as which case will the court or judge look at?
In this situation, the two cases should be consolidated with the court and the party to file first should be the petitioner. A motion to consolidate the cases should be filed in both cases. If you feel like you require additional help with this, you should contact an attorney to help you.
Now days, if you want a divorce, you can get one granted for about anything. If you feel like it isn't working out, you can get one on the grounds of irreconcilable differences. If you are looking to prove she cheated on you, then that would be an at-fault divorce if you want to prove that...Read more »
My ex wife's boyfriend is there everyday and receives mail at her address. Our divorce stipulation states that if she remarries or cohabitates then alimony discontinues. She denies to my daughter that he is living there despite him being there every day and night and moving out of his apartment.
Under current Utah law regarding alimony and cohabitation, you likely have to prove that she is cohabiting "in a marriage-like relationship." If it is a Utah case, you should consult with a Utah lawyer and discuss the additional particular facts of your case.
Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer...Read more »
The legal answer is always, "It depends". Generally any income earned during the marriage is marital property, which would include any overpaid taxes that would result in a tax return refund. Consult with an attorney to discuss the particulars of your case.
My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... Read more »
The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at...Read more »
Are there any legal ramifications if I let him see his son when the court has suspended his parental rights for not completing his required parenting classes? He will make my life difficult if I say no and claim he did the classes which he hasn't. But if there will be liability or trouble with... Read more »
I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to... Read more »
This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to...Read more »
I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce I am wondering if I have to pay him alimony since I make a lot more than him and he is going to school. Also, would we have to split the house or could I get the house in the divorce? My pay pays for 90%... Read more »
You are both entitled to half the equity, but there is more than one way to settle a divorce depending on the assets. There are ways you can prove that he wouldn't be entitled to alimony or less alimony such as what you have described above.
We have been divorced for about 3 years. His girlfriend recently moved in with him. She has developed an unhealthy relationship with my 14 year old daughter - encourages her to lie to me and do things she isn't allowed to do, etc. She moved her kids to the same school my younger kids go to.... Read more »
You're the legal guardian so if you are concerned for their safety and well-being then you can make decisions on their part to protect them within the bounds of the law. The first step would be to talk to her or your ex and explain the situation or the teacher of the class and explain to them...Read more »
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