Technically everything you both own right now is still marital property so you each have an interest in that unless it was obtained before the marriage. You can ask for child support to start from the date of filing if you have children under age 19. You may also be eligible for spousal maintenance.
Recent legal fees being sought from final court proceedings where my GI Bill benefits were stolen by our 21 year old daughter by Mother's urgings so she could have her semester payment be considered in-state for tuition. Daughter was sub-peoned, but lives in OH and didn't show up to Zoom... 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 »
If you make diligent efforts to locate him and can not, then you can request to serve him by publication. The Court could grant a divorce that way, however would not have jurisdiction over financial support or out of state property.
I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file...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 »
You can file for divorce. If you do not know where he is in Mexico and can not serve him there, you can request service by publication. The Court would not be able to divide out of state property or order him to pay child support with service by publication though.
It depends on whether there is a current order and why she is trying to establish or change parenting time and whether she and you are both fit parents. There are a number of factors that a court considers in determining parenting time.
The divorce was final in October 2020, she walked out on the family in May 2020, he is the custodial parent. He was a stay at home dad and she left them with nothing. She gets to claim them on taxes per the court paperwork and will not give the kids any of the stimulus money. It doesn't seem... Read more »
You can file for a legal separation, however most people file for dissolution instead. If you want to have a trial separation, you can do that without court action however each of your interests in marital property will continue to accrue.
An initial status conference will be scheduled within 42 days after filing and generally the filing party has to establish service at that time. If service has not been accomplished in that time then the filing party will have to explain why it has not been accomplished and request an extension.
We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.
Spousal maintenance depends on the length of the marriage and the income of the parties. if you can establish her cash income or if she admits to it, then that will count. As for your retirement assets, Colorado is an equitable distribution state so all marital assets and debts are to be divided at...Read more »
We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... Read more »
We started divorce proceedings by filing paperwork. My wife, shortly afterwards, had multiple psychotic episodes. She's had to be in multiple hospitals and the bills have started to add up. If I go forward with the divorce, she will lose her health insurance which she needs for medication... Read more »
If spousal maintenance was requested at the time of filing, it can date back to the time of filing. That means that the longer the delay, the higher a potential arrears could be. If you want her to still be eligible for your medical benefits, then you could pursue a legal separation instead.
That answer depends entirely on what she said in her motion and the reasons she is asking for a change. There is no short answer to this question. You will need to consult with an attorney if you want to successfully challenge her motion.
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... Read more »
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... Read more »
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 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.
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