This language means that the parties can come to their own agreement. If they do not agree, then the court order must be followed. So, in this case, there is supervised visitation for 4 hours every weekend, but the parties may agree to some other schedule.
You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually...Read more »
You may or may not want to accept the offer. It depends on whether you can realistically collect the full amount owed. Also, interest accrues at 12% per annum, compounded monthly, on unpaid child support-so the amount owed may be more than you realize. Also, this probably should not affect the...Read more »
The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... Read more »
One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the...Read more »
The scope of the CFI's investigation is set by the court order appointing him/her as the CFI-Child and Family Investigator. The CFI should be unbiased but the focus may be on one parent. You should review the terms of the order and should get a lawyer to help you with this.
Generally, you need to comply with the court ordered/approved parenting plan UNTIL AND UNLESS the court changes the parenting plan. If appropriate you can file a motion to restrict parenting time IF the child would be in imminent danger. The court will schedule a hearing within 14 days to decide...Read more »
I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?
You can not get your name off the loan without permission of the lender-which will not ever agree to that. You might want to contact the lender to see if they have repossessed the car. Also you should contact the other party to see if she would agree to sell the car in order to pay off the loan.
You will have a claim on the increase in value that occured during the marriage. That increase is marital property, subject to an equitable (meaning "fair", not necessarily "equal) distribution in the divorce. You should get a lawyer to help you with this.
My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?
I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.
I am currently applying for Hungarian citizenship (my father was Hungarian), and the consulate wants a "Divorce Decree" or a "Certificate of No Appeal" instead of the Decree of Dissolution of Marriage. I am having difficulty in finding out whether these exist in Colorado or are... Read more »
I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is...Read more »
This depends on what the decree says, not just what you requested. IF the decree requires him to get you removed, it may be contempt IF he has the ability to do so. However, most lenders will not remove a co-signer unless the loan is refinanced.
The equity that existed in the house at the time of marriage is your separate property. However, any increase in that equity that occurred during the marriage is marital property, subject to an equitable distribution by the court. Equitable means fair, not necessarily equal. You should get a lawyer...Read more »
I know he went back to Michigan and I know the general area he probably is staying but I don't know for sure where in Michigan he is. He probably also won't sign the papers even if I can track him down to serve him. He said he wouldn't let me divorce him but does he really have a... Read more »
Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the...Read more »
He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.
I would not be concerned with being considered as "abandoning the marriage". That concept does not have any relevance in a "no-fault' case. However, it may be useful to have a written agreement re finances during the separation. You should get a lawyer to help you.
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