Get free answers to your legal questions from lawyers in your area.
There
answered on Jun 13, 2023
The man will want to file a response/objection to the Petition for Dissolution of Marriage. He may wish to consult with an attorney to make a special appearance on his behalf based on "lack of jurisdiction". Since he was already legally married 13 years ago, and assuming that marriage... View More 
She's the one who filed for divorce because she didn't want to be married to me anymore, why does she get to keep my name even though she doesn't want to be with me?
answered on Sep 10, 2020
I'm sorry. This question comes up often, and it is never fun to explain that you have no power over whether or not she keeps her name as is or changes it. It is HER name so SHE gets to decide what name she wants to use. Often people keep their married name because it matches their... View More
have two children and also we purchased a house only in his name due to credit scores before marriage but while cohabitation, it was purchased 8 months before marriage. Will I be granted anything from that property, he has a attorney but I don't, I have been a homemaker since my first son was... View More
answered on Sep 10, 2020
Yes, you do have an equitable claim and even a civil claim under a MARVIN action (which you may have to file separately or can often be incorporated into settlement of your divorce case). There is a statute of limitations for a MARVIN action, so you need to consult with a local family and civil... View More
I left my husband after 8 years of marriage and 11 affairs. I tried everything to fix my marriage including marriage counseling but it was irreparable. We split 50/50 custody of my 3 kids, (ages 12, 11 & 5) I don't receive any monetary help from him but I am struggling to make ends meet.... View More
answered on Sep 10, 2020
Whether or not you qualify for spousal or child support will depend on the facts of your case. Primarily, how much you earn versus how much he earns, whether or not you already waived your right to spousal support (in a pre-nuptial agreement which may or may not bar spousal support--you'll... View More
answered on Sep 4, 2020
Yes and no. Generally, I would expect the Judge to recuse himself/herself from the case if s/he has a close relationship with one of the attorneys or a firm on the case they are hearing such as you are describing. There are exceptions to the conflict of interest wherein the Judge has no... View More
He quit his job and later took early retirement when he realized he had no money to live on. I had to refinance the house to be able to afford it. The loan is in my name but his name is on the title along with mine since he wouldn't quit claim it over. If we sell the house will they split... View More
answered on Aug 25, 2020
First, the courts will allow you and your spouse to settle the terms of your divorce any way you want. the judge may want to confirm the agreement is fair under the facts--offset for husbands depletion of community assets while gambling and his abandoning you to pay the bills on your own sounds to... View More
I previously had a dcfs case and I didn't get physical custody, and I was only given joint custody, and supervised visits once a week for 4 hours. I wanted to modify that since I didn't have anyone truly fight my case. I want to modify my child custody and also issue a spousal support... View More
answered on Aug 25, 2020
You will need to file a Request for Order(whichis a motion) for modification of child custody, visitation and support since dcsf had an open case you csn try to file there but they may send you to family court to file a separate notion or new action in fanily court (counties vary on this issue)... View More
paid for it but keeps telling me im not entitled to half. How can I fight it
answered on Aug 19, 2020
If the purchase was made with community funds during marriage or principal was paid on mortgage during marriage from marital earnings (absent a pre-nuptial agreement otherwise), the community has an interest in the real property asset. You need to trace money used to buy/pay down loan on the... View More
Hi, I'm doing research for a book & I'm based in London but the book is about a character who is training to become a lawyer & wondered if I could ask you what the normal route normally is? I would love if I could get typical ages of when someone would typically qualify & how... View More
answered on Aug 8, 2020
Each state has slightly different rules to become an attorney. Generally you have to get your Juris Doctorate degree (law degree that is 3 years of graduate degree study) after you complete 6 years of bachelors & masters degree study. Then you have to take and pass a bar exam in the state... View More
So we just want to know what we can do about it. My dad was basically living with his other woman and he refused to get a divorce from my mom. Also, is there any way my mom can get spousal support?
answered on Aug 8, 2020
I'm sorry for your circumstances. One spouse can file for divorce in the state where he/she resides for the last 6 months. She would have to get someone 18 or older to personally serve the other person with the divorce papers. One person can get a divorce from another person without the... View More
I’m an employee for Wingstop , I was terminated with no explanation. I reached out for weeks and was never formally told or terminated formally I was just taken off schedule . I never was paid for my PTO as I’ve been there for a year, when asked about it I was told I wouldn’t be receiving it... View More
answered on Aug 8, 2020
I agree with Mr. Pedersen. California is a "no cause" state and does not require an employer to indicate why a person is terminated. They just can't terminate for an illegal purpose such as your age, gender, race, and even attempts to unionize. if Wingstop has a policy manual that... View More
Married 16 years and divorced for almost 6 years. Except for active duty from 2002-2012, I have only worked contract/temp jobs. Beginning in 2014, I was forced to support her even though I was already a disabled Vet. In 2016, due to severe pain in my feet and back, I filed a motion for... View More
answered on Aug 6, 2020
Generally speaking, if the correct wording is in the Judgment for non-modifiable support, it is non-modifiable. However, in your case, you have had an unanticipated and serious change of circumstances that would make you unable to pay the support ordered and she is in a far superior earning... View More
I believe I have an address but am not sure where he is located. I want my property deed and title to my property under my name only.
answered on Aug 6, 2020
You can file a motion for enforcement of the orders and request the court Clerk or his/her agent act as an elisor and sign the documents on opposing party’s behalf if he fails to sign/cooperate. You will need to arrange for a notary to go to court and notarize the Elisor’s signature when... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
