That's a good start, but you should have an attorney draft a written agreement for you and your wife to sign. This way you will make it clear that both of you intend that the home remains entirely your separate property. Characterization of property becomes complicated without an agreement... View More

Yes. As a condition of issuing the settlement draft, the insurance carrier will require that you sign a release of the insured. The release prevents you from having a meritorious case because the defendant would successfully raise the defense of 'accord and satisfaction'. An exception... View More

You can file a Motion to Quash Service of Process, and the court will hear evidence regarding whether or not you were properly served. This procedure is not used very often because it basically just delays the inevitable. For example, even if the plaintiff loses on the motion, he can just have... View More

A case management conference ('CMC') is a hearing where the court checks on the status of the case. The court will make procedural decisions such as setting the case for mediation, trial, or other hearing, or continuing the case on the CMC calendar.

Yes, you should attend the CMC... View More

You have been separated for some time, and Mother says the child is not yours, so you should be safe on the issue of child support/paternity for the unborn child. You have no duty to support this child unless you are the actual father. If your ex does file an action for support later, be sure to... View More

Contact the bank that issued the ATM card. At the very least you need to get a new card issued so that Upstate does not continue to withdraw funds from your account. I am not sure what you mean by 'a scam', but if appropriate you should also report the matter to law enforcement.

The first step is to file a written ex parte application for an order. This is done with fill-in-the-blank Judicial Council Forms supported by a declaration of what happened to justify the order. The court will make a determination about whether to issue a temporary order for several weeks until... View More

Cases involving move-aways are some of the more complicated in family division. In most circumstances Father has a right to a trial of the issue.

The court's ultimate concern is what is best for the child. This is balanced by the statutory requirement that non-custodial parents have... View More

Child care and medical expenses are an aspect of child support, often referred to as a ,child support add-on'. You have filed the correct forms. You should of course be prepared to submit receipts for the medical and childcare expenses. Also prepare to defend the necessity of the expenses:... View More

If you are still married the answer is no. If you go through a divorce or legal separation, grandparents can request visitation from the court. If she rarely visits now, the court will be less likely to grant her visitation if you separate or terminate your marriage.

You could have challenged the assignment of the judge to the custody case as prejudiced by the hearing of the earlier DV case, but you waived this right by not raising the issue at the first custody hearing.

At this point you should bring an Order to Show Cause for modification of... View More

If you reported your car as stolen to law enforcement, you should not be liable to another driver with whom the auto thief collided. Also I suggest that you report the matter to your insurance company immediately.

You can file for divorce in California if you have met the residency requirements here. You need to have resided at least six months in this state, and at least three months in the County where you file.

You can have her served in Missouri by mail.

All US Bankruptcy Court forms are to be filed with the Clerk in the court that has jurisdiction of the underlying petition.

Many family lawyers are now willing to do just a small part of a case in this economy. I would suggest you let her attorney write up an agreement, and then hire a lawyer just to review it with you to make sure that it is in fact a written version of the agreement you made with your ex-wife.

If a creditor files a Motion for Relief from Automatic Stay and it's granted, the creditor can proceed in state court. It does not matter whether the Motion for Relief from Stay was granted by default or after hearing. Most courts would not grant the Motion even by default if it had no merit... View More

No, it won't force a permanent loan modification, but it can be helpful in dealing with your home mortgage in other ways.

A Chapter 13 plan is especially useful if you have fallen behind on your mortgage and you want a payment plan to catch up. It may also give added leverage in... View More

There is no waiting period required after separation to file for divorce. Many people choose to wait a little while to make sure of their decision. If you need support to survive, you will probably want to file as soon as possible after you leave.

You must use your new, legally changed name. I would recommend that you add to the caption after your new name, the letters fka followed by your old name. This is the legal convention to show you were formerly known by another name ("fka"is an acronym for "formerly known as").

The law provides that parents have an obligation to support their children until the age of eighteen, or nineteen if still in high school.

If a child is unable to care for himself due to emotional, mental, or physical disabilities the parental obligation can be extended for this dependent adult.