Get free answers to your legal questions from lawyers in your area.
The date to give it to her is 1 Sept 2020. We filed a CH7 BR together in Sept 2019 and lenders won't let me do a Refi until 1 year after the CH 7 was discharged. So getting the 50% equity out won't be able to be done until mid Sept - mid Oct. Getting a 45-60 day extension would allow me... View More
answered on Jul 10, 2020
You can file a motion requesting an extension. You need to confer with her first and state whether she objects.
answered on Jul 7, 2020
This will depend on the respective incomes of the parties. There may also be child support obligations. You should get a lawyer to help you with this.
I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... View More
answered on Jul 2, 2020
I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... View More
My husband originally bought our first house two yrs before we met. We lived there together for 8 yrs and we shared all the bills/ mortgage payment. Then we sold the house and used the profit for the down payment on a new house. Now we are divorcing and I’m buying him out of the current house. I... View More
answered on Jun 29, 2020
Assuming the current house s titled jointly, it is marital property. Marital property is to be divided "equitably", not necessarily "equally". Equitably means "fairly", considering all relevant circumstances. As part of an equitable division, the court can consider... View More
They are saying I can't becuz she has more account. (Which I have no idea of) they say I need more paperwork than Death Certificate.
Something about CRS 15-12-1201 I don't understand it or Pres. Rep. Paperwork Letters. Testamentary or Letters of administration
What does... View More
answered on Jun 25, 2020
I am truly sorry for your loss.
You may or may not need to go through probate, depending on how much her estate is worth. If it is below the statutory limit, you can do it without probate by using the 15-12-1201 affidavit. If it is over that amount, you will have to do a probate. you should... View More
He's fallen behind over the past 8 months. He's unemployed and that situation is likely to continue for the next several months. He may have to file for bankruptcy, but,if he files for bankruptcy, will that go on my credit record?
answered on Jun 23, 2020
There is not a way to have yourself removed as co-signer. His BK may not go on your credit report, but the non-payment of the loan will. It probably already has.
answered on Jun 23, 2020
If you are married by common law, she is your wife, just as if you had a ceremonial and licensed marriage.
custody. My son's father is an alcoholic and very irresponsible. I don't even want to leave him unsupervised with him. What steps do I need to take next?
answered on Jun 18, 2020
You can file an action for Allocation of Parental Responsibilities. The court can then determine parenting time and decision making responsibilities. You should get a lawyer to help you with this.
My dad recently settled (not sure if that's the right word) a divorce from my step-mom of 30 years (I'm 33). She was given the house I grew up in and with that has decided that means everything in the house is hers now too. After the lengthy and painful divorce, my dad just wants to move... View More
answered on May 27, 2020
It sounds like those items belong to either your father or his now ex-wife. Entitlement to those items is goverened by the divorce decree. If your father does not want to pursue it, it may be that your only recourse is to appeal to her good nature. Good luck with that.
I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... View More
answered on May 27, 2020
Your child may be eligible for adoption if the court finds you have failed to have contact with or provide support for the child for a one year period. You need to file a response to the motion and be prepared to present evidence in court of your efforts to maintain a parental relation with the... View More
answered on May 26, 2020
A formal temporary guardianship requires a court order. However, a parent may delegate parental responsibilities for a 1 year period without a court order. You should get a lawyer to help you with this.
They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... View More
answered on May 20, 2020
This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... View More
I am divorced and have a custody agreement in place. My ex has not visited my daughter nor contacted her in almost 8 years. He has not paid child support for the past 4 years. Can I file to terminate his parental rights? My daughter is almost 13 and I have talked with her about it and she wants it... View More
answered on May 19, 2020
Generally, you can only "terminate parental rights" in the context of a step-parent adoption. So, if your husband wants to adopt your child, it is necessary to terminate the parent-child relationship between your daughter and her father. You may have grounds to do so based on what you... View More
What happens if I do not fill out information papers? She has over $20,000 in back payments and continuely hides from the state. I continue to provide the state with my up to date info and submitted paperwork to prove insurance coverage for the kids already this year. If they choose to adjust her... View More
answered on May 19, 2020
This depends on Oregon law. However, in Colorado, a modification would not affect the back payments due. You should get a lawyer to help you with this.
All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... View More
answered on May 13, 2020
You can ask the court for permission to decline to produce the records. The court will have to decide whether you are legally required to do so. You should get your own lawyer (separate from your husband's lawyer) to help you with this.
The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the... View More
answered on May 12, 2020
I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You... View More
We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... View More
answered on May 7, 2020
There is no problem with her getting a lawyer now. The issue may be if they request a continuance so the new lawyer can get up to speed. You may want to get a lawyer also.
without my consent and the collection agencies are coming after me.is this a small claims court? is this a divorce issue?? is this a fraudalaunt? is this criminal? please help
answered on May 4, 2020
It may be a criminal matter if credit cards were really opened without your knowledge/consent. You can report this to the local police. If this was done by your spouse, you can also deal with it in the divorce. You should get a lawyer to help you with this.
I've been clean , her father and I get along and he said he will sign whatever he need to give me back my parental rights. Could you tell me , What papers do I need to file with the courts. what's steps do I take to get my parental rights back. Thank you
answered on Apr 29, 2020
If this was done in a divorce or parental responsibility case, you and her father can file a stipulation to modify parental responsibilities/custody. The court will probably approve that. If this was a dependency and neglect case, you will also need approval by the county department of social... View More
answered on Apr 22, 2020
This depends on exactly what the divorce decree says. Do you get half of the profit or does she just need to refi/sell? You should consult with an attorney to review your paperwork and advise you how best to proceed.
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.