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Divorce Questions & Answers
0 Answers | Asked in Divorce and Family Law for Alabama on
Q: what does this case mean? DR-2009-900-405.01
0 Answers | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: In oregon what is the criteria that needs to be met for emergency custody.

My daughter is with my husband and we e divorcing he has completely cut off contact and been keeping our daughter out of school his parents are alcoholics and very psychologically abusive

0 Answers | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »

Ilene L McCauley
Ilene L McCauley
answered on May 25, 2022

Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... Read more »

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: Can a person who has been sentenced to prison start a family after they're released? Domestic partners.

Furthermore, if they do start a family and are not abusive but live in the house and are not involved (In-house absent parent) would they have partial custodial rights to the children if the family divorced. My husband and I have been together for 18 years. I love him and we have a 9-year-old... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2022

Yes, of course a convicted felon can start a family.

But after reading your post several times, it appears that you are married, thinking about divorce, and are considering forming a live-in relationship with another man (the convicted felon, presumably). No, it is very unlikely that the...
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0 Answers | Asked in Divorce for Ohio on
Q: I am 66 and about to retire and work three days a week. I am also getting a divorce. I have already moved into my own.

My husband gets a pension from Ford motors. Now I have heard that I may be able to receive a part of that pension. We have been married 12 years. If this is true, will it be taken from his existing pension or not. If not, what steps do I take in order to receive this benefit. I could really... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: Good morning! I sent my wife in Illinois divorce papers in January, and she refuses to sign and return them.

We married in 1994. We both have been unfaithful (she had three or four kids outside of the marriage, I had one). We have been separated physically since March 1998. She has on a couple of occasions indicated that it is time to end this, but now that I am officially seeking to end it, she refuses.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2022

She is contesting the Divorce. You will need to file a suit upon grounds for divorce, and serve her. I recommend you hire an attorney to see it through.

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0 Answers | Asked in Divorce and Family Law for Georgia on
Q: I need help understanding a final modification to my parenting plan

It says Under Special conditions: The parties agree that the following special conditions apply to this Parenting Plan and equally to the parties.

It then lists A-P stipulations. on line P. The Mother shall exercise her parenting time with the children in the State of Georgia. Then it... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: My divorce got finalized a few months ago. I just found out he was hiding money. Is there anything I can do ?

He left 7 cents in the joint account where my paychecks went to and made it seem like he was broke and struggling. He had over $20,000 in one of his accounts. I’ve been having car problems, driving an hour to and from work and ended up moving a few hours away because he kept harassing me, would... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 25, 2022

The Ohio Rules of Civil Procedure Rule 60 provides grounds for filing motions to request a new trial after a Divorce Decree has already been granted. Failure to disclose certain assets is grounds to claim fraud and possible perjury. However, the Court may not grant the motion if there is a finding... Read more »

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0 Answers | Asked in Divorce on
Q: if i leave condo to give him time to pack, would that look like I'm abandoning/hurt my chances of keeping the place?

common law in BC Canada

I want to keep the condo we purchased but don't want to see my partner in person in the home, so was thinking of staying somewhere else for 2 weeks while he collects his things and plans on where to go... but I don't want to leave if it means i could risk losing the place?

2 Answers | Asked in Divorce for New York on
Q: When in the process is the non-monied spouse awarded support by the monied spouse for an attorney.

If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?

In this case... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 24, 2022

The nonmonied spouse must make a motion for attorney fees. The court can not address that without a request for it. Talk to a lawyer.

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0 Answers | Asked in Divorce for Arizona on
Q: My ex and I moved from Alaska to Mesa AZ we have two kids. It was a Dissolution, how do we get custody changed to AZ.

We get along great but want to get the child support changed due to the job changes? I make half of what I did in Alaska.

0 Answers | Asked in Divorce for South Carolina on
Q: Hi, I need to get information on if I decide to file for a divorce

I have question about my finances, I have a home that's only in my name we have been married for 28 yrs. is my husband entitled to everything including my 401k and pension

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi. I had a virtual hearing today with my attorney and judge to cut my attorney/client relationship.

I couldn't log into this new software and was a few mins late. Once in, the judge said my attorney was gone and she'd send me something to schedule another hearing so she can get a status update. She then said I can leave (there was another guy there, don't know who he was or why... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 24, 2022

Normally at a hearing on a Motion to Withdraw there is little or no discussion about the case. You now represent yourself. You do not mention whether your spouse has an attorney. If there is no other attorney and you and your wife have agreed to the parenting plan and marital settlement agreement... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How do I get a divorce decree changed?

I was sick when my ex bullied me in to signing them. My ex wouldn't allow me the time to look at the papers before I signed them. I wasn't physically able to understand the papers at this time either, but my ex barked at me to just sign the papers. Other people knew about me being sick.... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 24, 2022

Based on your question you need to take the papers to a local family lawyer for more specific advice. You call it a divorce decree but it is not clear if anything has been submitted to the court yet. You say that you signed divorce papers. Does that mean a marital settlement agreement? Please take... Read more »

1 Answer | Asked in Divorce for New York on
Q: My spouse want to subpoena eBay and Paypal as part or discovery?

I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.

How successful will my spouse be? What would be the outcome? How many years can they get a report?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 24, 2022

She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.

1 Answer | Asked in Divorce for Massachusetts on
Q: Do both parties have to be present when notarizing the divorce paperwork? Can it be done separately?

I want to get my signature notarized then mail the paperwork to my ex and have her do it separately. Is this possible or must we both do it together simultaneously?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2022

Yes, this works. You don't need to be in the same room as wife and can use different notaries.

0 Answers | Asked in Divorce and Child Custody for Maine on
Q: As a primary physical custodian do I have the right to disagree with my ex spouse in signing our son up for summer camp

During the time of his visitation with our son for one month. When I don’t feel comfortable in agreeing being that I really wish he would use that time to bond since his visitation is only 3times a year?

0 Answers | Asked in Divorce, Estate Planning, Foreclosure and Real Estate Law for Arkansas on
Q: Ex-wife is 6 months behind on mortgage that's in husband's name. Divorce decree states she must make timely payments.

What is his options to either get back the house that was his inheritance from his parents or to keep it from being foreclosed on.

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My friend would like to file for divorce from her abusive husband that she left 2 years ago.

He’s not paying child support, she just recently filed for that through DSS.

She is scared of when he gets the support papers what he will do or try to do to her.

She works full time, has her own place, she’s making ends meet barely (although she’s behind on rent but her... Read more »

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