He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... View More
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you...View More
Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is...View More
Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.
Wouldn't be great, but it largely depends on what claims are being raised, and on additional facts (how long have you been separated, did you know this person before you separated). If there is some suspicion that you were being unfaithful on your spouse, this new person moving in will...View More
Your options depend on whether you have a "custody agreement" or a "custody order." If you merely have a "custody agreement," it is likely not an order of the court, and you could not hold your husband in contempt of court if he acted contrary to the terms. On the...View More
You can do it anytime - if the parties agree then it is the best practice to go ahead and get the full agreement in writing and have it formally executed (a Separation Agreement). Then you can just wait for the one year and someone can file for divorce.
I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... View More
The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support...View More
I have a 13 month old baby girl. Her dad and I recently separated. He is threatening to take me to court so that his dad and stepmom can have rights to our baby. I don’t want my baby anyone near those people and they have disrespected me in so many ways. I’m not keep her away from her dad... View More
A typical custody order that gives one parent "x" amount of custodial time and the other parent "y" amount of custodial time does NOT have any restrictions about what each parent can do with their respective time. So there is always the real chance that the other parent will...View More
My husband is allowing me to buy him out. All assets, including the home, value was determined based on date of separation. I paid for the date of separation home appraisal, as instructed to by my lawyer. Now with the home prices fluctuating, the value of the home is being challenged by my... View More
It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.
The gain in value of the home since the date of separation (through passive...View More
Mr. Avery already accurately answered your question. As he indicated, the rights of your nieces/nephews is going to depend on the exact wording of the deed. It is possible that you own the house outright, but equally possible that you now share it with her kids. Pay for a brief consultation with...View More
You can agree to any sort of division - whether such a division or more or less than what a court would do by following the statutes. So long as y'all are happy with it, then you can be as creative as you want. Obviously you will want to make sure that the paperwork is property drawn up and...View More
You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree...View More
Your spouse plays no role in your decision whether you want to voluntarily dismiss your ED claim. No consent is needed. That said, if your spouse files a counterclaim for ED, then it doesn't matter what you do with your claim. There just needs to be one claim pending.
My ex-husband and I officially divorced in January of 2022. We have two children, aged 10 and almost 5. He's gone from being a very cooperative co-parent to a unreasonable co-parent in a matter of 2 weeks. He is now trying to tell me that my children are not allowed at my house because I live... View More
Is there a custody order? Without a custody order explicitly barring either party from exposing the minor children to persons you are dating, there shouldn't be anything stopping you from dating who you want to date and acting in the manner you seem to do doing. That said, there does need to...View More
We current have an every other week schedule but other parent hasn’t been able to uphold this agreement so I have taken care of the weekly and now they have disappeared multiple weekends and been unable to be contacted or located. Do I have a case to get full custody with limited/supervised... View More
Of course you should consider consulting with a local family law attorney for a better answer, but you likely do have grounds to seek to modify the existing custody order. Despite his recent behavior, I would imagine that a judge thinks this person should still have some contact with their child,...View More
My step-daughter's biological mother was in a bad relationship, got arrested, has done drugs, wrecked her car, threatened to harm herself, and we have had emergency custody since mid-January. Mom is out of jail, and has moved out of the home she shared with her husband. Should we allow her... View More
It is difficult if not impossible to accurately answer this question without a full consultation. That said, I wonder what you are thinking "full" custody actually is, and how realistic it is that you will get it. Mom may not have a strong custody claim, but it seems like she wants to...View More
While it is a common misconception, there really isn't something called 'separation papers,' and you don't need any such papers to become legally separated. Some couples negotiate a contract between themselves that settles issues they may have (property division, spousal...View More
i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.
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