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Questions Answered by V Julia Luyster
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Child offered seat at STEM magnet program, ex-wife refuses to allow child opportunity. What can father do to get custody

STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... View More

V Julia Luyster
V Julia Luyster
answered on May 7, 2023

You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... View More

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2 Answers | Asked in Divorce for New York on
Q: How can I get a divorce, but have no idea where other individual resides or what state they live in?
V Julia Luyster
V Julia Luyster
answered on Jan 4, 2023

I am sorry you are going through this. You can serve the other person by publication. You put it in the newspaper and after a period of time you can obtain a default divorce. There is quite a bit of paperwork that goes along with this so I suggest you ask an attorney to help you with the... View More

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2 Answers | Asked in Divorce for New York on
Q: Why uncontested divorce status is still RJI pending after a year? When will I be granted the divorce?

No assets

One minor child

V Julia Luyster
V Julia Luyster
answered on Nov 13, 2022

Possibly additional papers need to be filed. Did you file Findings of Fact and Conclusions of Law and a proposed judgment? Do you have a Parenting Plan agreed to in writing?

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

V Julia Luyster
V Julia Luyster
answered on Nov 13, 2022

I am so sorry for your loss. Under these facts as I understand them your deceased Husband's estate would not be able to substitute into the dissolution action. You should file a Suggestion of Death in your case so that the court is aware that this is not a matter of a default judgment that... View More

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3 Answers | Asked in Divorce for Florida on
Q: evidence husband has cheated the entire marriage, do you have to do marriage counseling during the divorce process?
V Julia Luyster
V Julia Luyster
answered on Nov 10, 2022

I am so sorry that your husband has been unfaithful to you. Florida is what is called a no fault state so a divorce does not require that the divorcing couple go to marriage counseling although many do. Many couples go to counseling to both try to repair the marriage and to accept that the... View More

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1 Answer | Asked in Divorce for Florida on
Q: Husband and wife both agree to a divorce both have agreed to a parenting plan so why would the judge keep continuing

The case? The judge keeps bringing up restraining orders from years ago that have been handled and is not the situation anymore is there a way to request a different judge?

V Julia Luyster
V Julia Luyster
answered on Oct 4, 2022

You may not ask for a different judge. If you have a Consent Final Judgment prepared the judge may be looking at the history of any domestic violence as a factor to determine if the Parenting Plan is in the best interest of the children before the Judge signs off on it.

3 Answers | Asked in Divorce for Florida on
Q: Do we need to live separately before filing for divorce in Florida
V Julia Luyster
V Julia Luyster
answered on Aug 15, 2022

No. You do not need to live separately before filing for divorce in Florida. You also do not need to live separately during the divorce if you can safely live together. One of you has to be a resident of Florida for 6 months and the marriage is "irretrievably broken" which means there... View More

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2 Answers | Asked in Divorce for Florida on
Q: How much does a divorce cost, including division of a home that is paid for? Does any lawyers accept payment plans?
V Julia Luyster
V Julia Luyster
answered on Aug 15, 2022

The cost of a divorce depends upon the amount of time it takes to divorce and the attorney's hourly rate. If you and your divorcing spouse agree on many things then the process will go more quickly and cost less. If you or your soon to be ex fight and cannot agree it will take longer and... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Pension after a divorce and remarriage.

The papers from our divorce state that he was required to sign over his pension to me if he remarried before our youngest was out of high-school. He did remarry before that happened but never had the papers sent. I haven't questioned it because it is part of our divorce and should be honored... View More

V Julia Luyster
V Julia Luyster
answered on Jul 26, 2022

I would not wait. If you were to get his pension upon his remarriage before your child graduated from high school and there is a final judgment and a signed agreement, and those are the facts. You should ask him to sign over the pension. If he does not you should move to enforce the final... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

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1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex wants to stop paying alimony since he is getting remarried. We have an agreement signed outside of court.

My marriage was abusive so I had an order of protection during the time. We agreed to meet up to get the divorce over with and ended up agreeing to alimony for three years. We did it online (yes it was legit) and made the agreement before the divorce was final, our divorce papers only says, “Any... View More

V Julia Luyster
V Julia Luyster
answered on Jul 18, 2022

Without having all of the facts it would appear based upon what you state that you would have a binding agreement and he has to pay. Why did you not make this part of the Final Judgment of Divorce? Did you say something different in the court documents, for example, did you say in the court... View More

1 Answer | Asked in Divorce on
Q: Husband doesn't pay since marriage and even after my surgical delivery.

I am financially dependent on my husband since marriage. Problem elavated since I was diagnosed with typhoid shortly after marriage. Verbal abuse became frequent. I was sent to my mother's home while I was pregnant. My mother took care of me and I too did labour work. I got severe back pain... View More

V Julia Luyster
V Julia Luyster
answered on Jul 16, 2022

I am so sorry that you are going through such a terrible time. I would love to be able to help you. What state are you located in? The ability to obtain and the way you get a divorce depends upon where you live. Please feel free to go to my website at www.luysterlaw.com and sign up for a consult.

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