Get free answers to your legal questions from lawyers in your area.
My sister in law has filed for divorce after significant domestic violence and arrests of her husband. Her husband has blocked her access to bank accounts and credit cards and has no money to live on, how can her access to marital property and funds be restored so she can live and pay bills until... View More
answered on Sep 30, 2020
She can ask the court for temporary maintenance. She should get a lawyer to help her.
So this last Friday my ex came and verbally we had a thing that she's going to pick up the kids Friday Saturday Sunday Monday but instead she shows up but the cops but the protection order saying that I abuse her and my daughter and they took my daughter and gave her custody but they let my... View More
answered on Sep 29, 2020
I am assuming there is a hearing set to decide whether the protection order will be extended. If so, you need to be prepared to present evidence at that hearing to show that her allegations are false. You should get a lawyer to help you with this.
sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.
What options are available to have this bogus order lifted prior to the Oct. 8 court... View More
answered on Sep 22, 2020
It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.
My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?
answered on Sep 22, 2020
Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.
We have a house in both our names, I have the mortgage alone. I want to buy her out and keep the house, she wants to sell and split the proceeds. Who wins this?
answered on Sep 18, 2020
A judge could go either way on this. There is no good reason for her to take that position IF the pay out to her would be the same. If there is a dispute regarding the value of the house, the judge could decide to order a sale. You should get a lawyer to help you with this.
i have no $ because it goes to child support
answered on Sep 16, 2020
You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.
I filed for divorce on September 2, 2020. My husband mailed the paperwork to his sister in Texas who then filed in the blanks, signed and mailed to me. I will assume that a response was also sent to the court.
answered on Sep 14, 2020
No, this needs to be signed by your husband. You can have it stricken.
Want him there because he abandoned them. What can i do to prevent this?? Again my girls are not his kids and he moved out of his own free will prior to the divorce paperwork being filed.
answered on Sep 4, 2020
Use of the marital residence can be decided by the court. The facts you present should be considered in making that determination. You should get a lawyer to help you with this.
We agree on the homes value, and minus the mortgage, can you subtract what the potential broker fees would have been from the equity?
answered on Sep 2, 2020
You can deduct broker fees if you have an agreement to do so. If you do not have an agreement, the court will usually not do so unless it appears the property will actually be sold soon.
My wife and I were married in Georgia in 2011. We moved to Illinois after getting married, and lived there together until separating in 2017. In 2018, my wife moved to Pennsylvania. I've just moved to Colorado less than one month ago. We have no children, and have already settled on splitting... View More
answered on Aug 27, 2020
You can not file in Colorado until you have lived here for 91 days.
Old will be 17 in December saying if he go home he will run away will I be in trouble if he stays with me
answered on Aug 17, 2020
You need to obey the existing custody order. If you feel that order is not in your son's best interest, you need to file a motion to modify it. You should confer with a lawyer about this.
Deatails
answered on Aug 13, 2020
Any debt incurred during the marriage is marital .The increase in your 401k that occurred during the marriage is marital property. Marital debt and marital property can be allocated on an "equitable" basis,meaning "fairly". not necessarily equally. You probably will also have to... View More
answered on Aug 13, 2020
Yes, I would think so. So be mindful of what you put in the email. However, there may be an exception for settlement negotiations. Generally they are not admissible.
The only real property other than the home is a car that my husband put in both his and son's name in an attempt to protect from creditors. He did this without any guidance and was completely wrong about it. His son is trying to take the car, which is the only thing I have to provide... View More
answered on Aug 7, 2020
You can ask for maintenance in the Petition or the Response. You should get a lawyer to help you with this.
answered on Aug 7, 2020
Basically, there is a year limitation. It seems that this case is still within the statute. You should get a lawyer to help you with this.
honoring my childs wishes? Without having to make it hard on my child?
answered on Aug 6, 2020
This would need to be approved by the court which granted custody to your sister. How this may happen may depend on exactly why she was granted custody. You should get a lawyer to help you with this.
I was granted the motion ,,, enforce to pay....with compound interest....how much can I get? Is it daily or yearly,,, I forgot to put it in my order,,, so. I'm not sure if I ONLY get to charge annually....
answered on Aug 5, 2020
Generally, interest on maintenance and property division awards id 8% per annum,compounded annually. Interest on child support is 12% per annum,compounded monthly.
Undergoing a divorce, had court hearing to go over separation agreement, and she withdrew the agreement it bc she is being sued in civil court (accused of cyberbullying and defamation, 6 counts), she wants to change the separation agreement to state that I have to split her legal fees and any money... View More
answered on Jul 30, 2020
Your wife's claimed obligations are likely "marital debts" because they were incurred during the marriage. The court can allocate responsibility for those debts "equitably', which means "fairly". You can argue that it is fair to hold her solely responsible for... View More
Did not apply for his parental right he only stated that he was the father, so now that we're married for 12 years now he says if we divorce he doesnpt uave to pay any thing on our son because he never applied for hos roghts he only aknolaged that he was his, he is also trying to say that... View More
answered on Jul 27, 2020
Your husband will be considered the legal father of your child because he signed an acknowledgment of paternity and took him into his house as his child. He will be responsible for child support and perhaps spousal support as well. You should get a lawyer to help you with this.
Petitioner's lawyer also filed "order:re response to the motion parenting time dispute" with boxes for district court judge to sign basically ask for lawyer fee when i don't have a lawyer. How should i respond to this "order:re"/ can i respond to oppose it?
answered on Jul 27, 2020
You can file a "Reply' to the Response. You have 7 days to do this. You should get a lawyer to help you with this.
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.