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I am getting divorced and my previous attorney signed an agreement with opposing counsel to extend discovery until 45 days before trial. My new attorney, who seems to be incompetent, filed a motion for additional discovery with the court and the judge ruled that "the discovery period is... View More
answered on Jul 19, 2023
Not having reviewed the file at all, attorneys on this board can't advise you on this case. You can stay with your current attorney or hire another. But be advised that if you hire a new attorney, they will be expected to get up to speed on your case without a continuance, as I doubt the... View More
My wife filed for divorce, and I just served the papers. My question is, if I agree on the divorce, should I just sign the papers, or are there any forms that need to be filled out, and should we both appear at the court or not?
Thanks
answered on Jul 19, 2023
Please hire an attorney. Because it's not even clear from what you've written whether this divorce is contested or uncontested. If it's uncontested, where you can simply sign the divorce documents, you shouldn't have been served. If it's contested, I would advise you to... View More
answered on Jul 19, 2023
You should hire an attorney ASAP. If a motion or petition has been filed by the father for a change of custody, you should act fast. Because if there is an emergency hearing and the court grants the father temporary custody, that temporary period where the father has the child will benefit him... View More
There's property involved am I signing my rights away help me out
answered on Jul 15, 2023
Simply because a spouse wants a divorce does not mean you all are in total agreement for you to sign all of the necessary paperwork. If you do not sign, she can simply file for divorce and have you served. Then it is a contested divorce. But she will get a divorce whether you sign paperwork or... View More
She wants to sign over the house to her daughter can she do this we are both on the deed
answered on Jul 15, 2023
Prior to the filing of divorce there is nothing to stop either party from distributing assets that could be considered marital property. If you want to stop the sale, transfer, or destruction of any property, I would advise you to hire an attorney and file for divorce. But to your question, if... View More
family lives in georgia
answered on Jul 15, 2023
The stepfather does not have any rights to the child if he has not adopted. The biological father can file an action to establish his parental rights, should he want custody of the children. If the biological father does not legitimize, the children are likely to be in the care of a close... View More
My husband cheated on me after 18 years of marriage. We were still together, happy I thought and I found him at a motel with her when he was supposed to be fishing and after sleeping with her 3 weeks he moved in with her and left me and our 16 yr old son with no job or income because he's... View More
answered on Jul 15, 2023
I’m not sure what kind of financial help you mean. You can apply for government assistance when it comes to food and housing. But I’m not sure how long those processes will take. The only way to get him to continue paying the expenses he was paying at the residence or child support would be... View More
My wife filed for divorce Feb 2022. I was never served. We were leaving separate and she did not have my address therefore she filed a order for service by publication and then an affidavit of publication followed by a rule nisi being filed. I was never informed of a hearing date. Since rule nisi... View More
answered on Jul 15, 2023
If the case was never finalized or dismissed, it is still open. If you are going to represent yourself in this action you will need to go through the process of having a court date assigned for trial. You may also consider filing an Answer unless you agree with eveyrhing she stated in her... View More
I received a statement from the mother of my child from her insurance company for medical expenses. The CS order states that a validated bill must be presented before 50% service to be paid by me either in reimbursement or directly to provider.
answered on Jul 11, 2023
If you received anything that might indicate your child had a procedure that wasn’t 100% covered and there is an uncovered medical expense left, I wouldn’t split hairs over whether what she gave you is a valid bill or not. You can contact the medical provider yourself and see if there is a... View More
Need help filling out Domestic Relations Financial Affidavit. I have no income, we are not using lawyers, trying to do it as easy as possible.
answered on Jul 11, 2023
It is highly unorthodox for a private attorney to walk someone through how to fill out a financial affidavit or any divorce documents for free. If you don’t understand how to list your assets and expenses you could locate a family law information center, as some of the courthouses have them, and... View More
Safety plan has been signed by only one parent, other parent has received no paperwork. 3 children involved however only two under safety plan of supervised contact with both parents, children are separated and third child has no safety plan. Also when do the children get a Guardian Ad Litem... View More
answered on Jul 11, 2023
Appointing a GAL is up to the judges discretion. If the judge determines that one is needed for the case they can appoint one. They will also consider whether a GAL needs to be assigned if there is a motion to appoint one in a case. As far as your original question, parents do not get a court... View More
I know people in need that can use it. Spouse refuses to talk to me so we can’t discuss it. I want to make sure I won’t be in trouble if she moves forward with divorce.
answered on Jul 11, 2023
I would advise against disposing of any assets that may be considered marital property. Assets of that nature would include money in bank accounts, retirement funds, stocks, bonds, furniture, appliances, vehicles, recreational vehicles, property, clothing, jewelry, antiques, etc. You don’t want... View More
I want to use them the witnesses in a hearing. The dad overindulged in alcohol and is aggressive to child and mother .
answered on Jul 11, 2023
I would suggest hiring an attorney to represent you at trial. Trial procedure can be difficult for non-attorneys as you cannot use affidavits at a final hearing. Your witness will have to be available to testify and you will need to prepare your questions for your witness. You will also need to... View More
The administrative process violates separation of powers and is unconstitutional. In re Marriage of Sandra Lee Holmberg vs Ronald Gerald Holmberg as well as other case laws that already a exist.
answered on Jul 4, 2023
You should hire an attorney if you have a pending child support case because the argument you have presented today will not be successful and you will be assessed with support, if you are the biological, non-custodial parent and the custodial parent seeks support. And since you will be unable to... View More
He didn't let me work due to his jealousy and also because he wanted to get citizenship through me. I basically have to do whatever he wants or he'll cut me off financially. I cant get a lawyer because I dont have the finances. He owns a business as well. He also has an order of... View More
answered on Jul 3, 2023
My best advice is to use credit, loans, family, friends, and the sale of any assets you have to hire an attorney. The attorney can then petition the court for temporary spousal support and attorneys fees so that you can attempt to obtain an order to help you pay for your lawyer and take care of... View More
I filed for divorce and have not requested anything which would be uncontested. My husband hired an attorney and I don't understand why. I just want him to sign.
answered on Jun 28, 2023
If your husband didn’t sign then your divorce wasn’t filed as an uncontested divorce to begin with. And as you have a contested divorce, he hired an attorney I’m assuming to make sure that no errors were made, as a final judgment will be final. His Answer is likely to derail if he’s... View More
We not married, I sighed the birth certificate. I have a house (we was living in) and a good income. The mother low income , no house in her name and been to jail for drugs twice
answered on Jun 28, 2023
Only if you had filed an action to legitimize your minor child and had the mother served could you have prevented the mother from taking the child out of the jurisdiction. Since that hasn't happened, the mother is free to take the child anywhere she wants, as the mother has sole legal and... View More
Is 30 days notice needed? I have not been served divorce papers but she has scripted a custody agreement I have not consented to. She plans to take the kids on the 1st
answered on Jul 3, 2023
If no divorce has been filed then you can't even petition the court to have her pay any of the expenses at the marital residence. If you want your spouse to pay some of the things she was paying during the marriage, you will need to file for divorce, have her served, file proof of service,... View More
answered on Jul 11, 2023
You only need a spouse to sign certain documents in an uncontested divorce. If your spouse refuses to sign the necessary paperwork, then you have a contested divorce. But you do not have to remain married if you don’t want too. Hire an attorney and have them file the necessary documents to... View More
I'm having an issue with my child's mom. Part of out child support agreement is that I pay 50% of non elective medical expenses. I was informed thru email 5/4 of services for our child. First service was for and ENT rendered 1/30. I was sent a bill for that service 5/4. The next 2... View More
answered on Jun 28, 2023
You submitted this question on Avvo as well and I think you got some great responses. There is no deadline for the custodial parent to submit medical bills to the non-custodial parent for payment, by law or statute in this state. Therefore, if there is not a deadline in your parenting plan, child... View More
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