If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with...Read more »
We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.
The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.
You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for...Read more »
We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.
While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to...Read more »
My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... Read more »
We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.
The cheapest route is if you and your spouse are in agreement with all the terms and can file an uncontested divorce. If you cannot come to an agreement on all the terms a contested divorce will need to be filed which is alot longer and more expensive. As for the cost, you would need to reach out...Read more »
We have 3 children ( 11, 9 & 4), and he has a daughter (17y) from a previous marriage. There has been a history of verbal abuse and allegations of him propositioning the 17 year old daughter. It was investigated by dcf and no charges filed, but I do have a video recording of him admitting to... Read more »
All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2... Read more »
So long has you have been residing in Florida for 6 months or more you can move forward with filing for the divorce in Florida. You would need to have a process server or the sheriffs department in Oklahoma serve your husband in prison. Note that because your husband has been out of the state of...Read more »
He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too... Read more »
Until there is a court order stating otherwise, the parenting plan ordered by the court would still be in effect. If you are being denied timesharing you should file a motion for contempt and enforcement. As a remedy for the contempt you can seek make up timesharing and your attorney fees for...Read more »
The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told... Read more »
The parenting plan adopted by the court in your divorce is a court order and should be followed unless and until the court enters an order stating otherwise. The opposing party does not have the power to deny you contact with your kids. If you are being denied contact you should look into filing a...Read more »
I started my divorce and was asked a down payment of 5000 usd, the money dissapeare very quickly and now I am on my own with imited resorces to continue. I was wonderig if I could have only one or two hour meetings for legal advice and then I do all the procedures and paper work but just to... Read more »
Yes, you husband could have a marital interest in a home purchased prior to the marriage. How much depends on whether marital funds were used to make the mortgage payments, whether there were any improvements made on the home during the marriage which caused appreciation, and whether the value of...Read more »
First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying...Read more »
In most counties, as soon as you file the case anyone can access the docket online which shows only the title of what was filed and not the actual document. But, there are some counties where you can access the records online almost immediately after they are filed. In addition, most courthouses...Read more »
I will never do something like that to hurt my boys they are my world I had said it to hurt him he tried to have me backer acted but since I’m not suicidal they let me go in less than 20 hours he is putting the boys through too much and I can’t have him put them through more he had a 10 year... Read more »
Being you made those comments, your mental health will most likely be called into question. Any issues raised by your husband can be dispelled with a mental health evaluation if needed. Understand also that if you do not have a history of mental health issues, when people are breaking up sometimes...Read more »
...can't agree on the value of our jointly-owned home (the goal is to calculate the current equity, split that in half and he'll buy me out and stay in the home), will a judge lean more toward a Realtor analysis value or an Appraiser value? Also, in what instances would a judge require a... Read more »
Normally, if there is a marital home that is titled jointly, the court would need one of you to plead for what is called partition. This allows the court, in the event the parties cannot agree to list the home for sale, to sell the home at auction. It normally does not get that far because most...Read more »
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