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0 Answers | Asked in Divorce, Tax Law and Family Law for Washington on
Q: Can I withdraw 401k funds for divorce legal fees, and are there penalties or taxes?

I am considering withdrawing funds from my 401k to pay for legal representation and legal fees related to my divorce. I am no longer an employee at the company that holds my 401k. I'm exploring if this is possible and what penalties or taxes might apply. Are there any regulations or... View More

0 Answers | Asked in Divorce, Business Law, Real Estate Law and Family Law for California on
Q: How can I manage divorce and asset division without an attorney in CA?

I am wanting to file for divorce but cannot afford an attorney to look over the paperwork. My husband has been out of work for about three years, and I am paying for everything on my own, barely managing to cover food and gas. We have been married for 9 ½ years and have no children together. We... View More

0 Answers | Asked in Divorce, Contracts and Family Law for South Carolina on
Q: Can my spouse change life insurance beneficiary during SC divorce with court order in place?

I'm in the divorce process in South Carolina, and we've only had a temporary hearing so far. The court order states that neither party can cancel any insurance policies or dispose of any property. Despite this, my spouse has changed the beneficiary on life insurance policies. There was no... View More

0 Answers | Asked in Divorce, Child Custody, Business Law and Family Law for Tennessee on
Q: Seeking legal options for divorce and relocation with job offer

I moved from Texas to Tennessee for my husband’s job while I was 6 months pregnant, leaving behind two stable, high-paying jobs. The move was supposed to be temporary—1–2 years—before returning to our support system and life in Texas. After having the baby, I struggled to find work and took... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Colorado on
Q: Can I file an emergency motion for spousal support and restore joint ownership of assets in Colorado?

I have been married for 27 years and my husband recently abandoned me without notice, leaving me penniless, homeless, and without transportation. He closed all our accounts, changed beneficiaries on investments and life insurance, and fraudulently removed my name from vehicles, trailers, and a... View More

Sabra M. Janko
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answered on May 22, 2025

I am sorry to hear about that. Unfortunately the court does not treat that as an emergency, however after filing you can request temporary orders which will result in a hearing that occurs sooner than the final orders hearing and can address issues of support. The court can address property at the... View More

1 Answer | Asked in Divorce, Domestic Violence, Child Custody and Family Law for California on
Q: Can I change visitation date for daughter's brother's visit post-graduation?

I am in the process of a divorce and have a domestic violence restraining order (DVRO) against my husband, who has visitation rights according to a current court order. He wants to change the visitation date temporarily so our daughter can visit her brother, who is coming from out of state after... View More

James L. Arrasmith
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answered on May 22, 2025

You have the ability to agree to temporary changes in visitation schedules, even with a DVRO in place, as long as the restraining order itself doesn't prohibit such modifications. Since you mentioned there are no current restrictions on modifying visitation days, this one-time adjustment for... View More

0 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Am I giving up my house equity if I sign the separation agreement?

In Minnesota, my spouse wants a separation and insists that I move out, she keeps the house, and not pay me my half of the equity despite my name being solely on the mortgage. She also requests I sign an agreement saying I willfully am not supporting the household needs or expenses once we're... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Pennsylvania on
Q: Can I sell my premarital vacation home in Pennsylvania without my wife's consent?

I own a vacation home in Pennsylvania, and my name is the only one on the deed. The house is considered a premarital asset, and there are no mortgages, liens, prenuptial, or postnuptial agreements involved. My wife refuses to consent to the sale of the property. I need to understand what recourse I... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 22, 2025

Based only on the information you've provided, I don't see any reason why you can't sell it. Of course, since your wife is opposed to you doing so, she may take drastic action in response. Perhaps consulting with a local attorney well versed in family law may be a good idea.

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: Concern over MSA terms in NJ divorce regarding mortgage default protection and alimony waiver.

I have a pending divorce in Somerset County, NJ, with a final hearing scheduled at the end of the month. We signed a Marital Settlement Agreement (MSA) on April 10. I'm concerned that there is no protection clause for my children and me should my soon-to-be ex-husband default on mortgage... View More

Leonard R. Boyer
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answered on May 22, 2025

Since you are already represented by counsel, it would be inappropriate for any of us on this forum to comment. If you and your attorney cannot work things out, you can always fire the attorney and retain new counsel. Good luck!

1 Answer | Asked in Divorce, Landlord - Tenant, Real Estate Law and Family Law for Pennsylvania on
Q: What legal actions can be taken if an ex-spouse delays refinancing deed removal per divorce decree in Pennsylvania?

I'm dealing with an issue where my husband has sole responsibility for a property per a divorce decree and has been renting it out for 15 years. His ex-wife agreed to have her name removed from the deed at the time of refinancing, but she is delaying the process despite having agreed and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 22, 2025

I recommend that you have an experienced family law attorney review the property settlement agreement, or what you call the divorce decree. There may be language in it that could be helpful to your husband's position. An experienced attorney should be able to provide suggestions and... View More

0 Answers | Asked in Divorce, Child Custody and Family Law for Tennessee on
Q: How to rebut parenthood presumtion in TN divorce?

I have been separated from my wife for about three years. During our separation, she had a child who is not mine biologically, yet I was mistakenly listed as the father on the birth certificate. We want to proceed with an amicable and undisputed divorce, and we both agree that I should not be... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Could Snapchat pictures be used in Florida divorce court?

I exchanged mutual pictures with a married woman over Snapchat, and we have never met in person. Now, her husband is planning to file for divorce. Could my pictures be brought up in court as part of the divorce proceedings, even if they weren’t saved?

Rand Scott Lieber
Rand Scott Lieber
answered on May 21, 2025

Infidelity is not an issue in Florida divorces. Only if she spent money on you will the relationship be an issue. There is no reason for the court to consider the pictures. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: How can I transfer a house title from my ex-spouse to my name in Texas according to an unenforced divorce decree?

My ex-spouse and I own a home in Texas, zip code 75025. According to our 2007 divorce decree, the house should go to my ex-spouse, but this decree was never filed or enforced. Currently, both of our names appear on the house title and deed. My ex-spouse has agreed to transfer the title and deed... View More

John Herbig
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answered on May 22, 2025

To transfer the property, your ex will need to sign and notarize a General or Special Warranty Deed transferring the property to you. This will then need to be filed with the County Real Property records department in your County.

1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Family Law for California on
Q: Is it legal to burn down my own house in a divorce?

Is it legal for me to burn down my own house during a divorce, knowing I will lose the house in the settlement? The house is located on land I completely own, does not have any legal agreements attached, is in a rural area with no risk to others, and I do not intend to claim insurance.

James L. Arrasmith
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answered on May 22, 2025

No, it is not legal to burn down your house during divorce proceedings, even if you own the property outright. This action would constitute arson under California Penal Code Section 451, which prohibits willfully and maliciously setting fire to any structure, regardless of ownership. During... View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for California on
Q: Clarification needed for marital settlement agreement terms regarding payments in California.

I am going through mediation and have a question regarding my marital settlement agreement. The agreement states: "In consideration of the other terms of this Marital Settlement Agreement, Husband agrees to pay Wife a specific monthly amount, one-half payable on Husband’s first payday of... View More

James L. Arrasmith
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answered on May 20, 2025

This spousal support provision creates a payment obligation that begins January 2025 with a distinctive payment structure split between your first and second paydays each month. The clause establishes what California courts would classify as a contingent termination date - meaning your payment... View More

1 Answer | Asked in Divorce, Criminal Law and Family Law for Michigan on
Q: Do I need an attorney if my spouse married someone else?

I’m currently going through a divorce in Indiana, which my wife filed for in March 2023. I recently discovered that she married someone else while we are still legally married. Do I need an attorney given these circumstances?

Michael L. Rutkowski
Michael L. Rutkowski
answered on May 22, 2025

Yes — you absolutely need to consult with a family law attorney licensed in Indiana immediately. What you’re describing is not just a divorce issue, but a potential case of bigamy, which has both legal and criminal implications. Here's a comprehensive breakdown of what this situation means... View More

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Florida on
Q: Can I expedite my divorce process being pregnant with another person's child in Florida?

I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More

Kunal Mirchandani
Kunal Mirchandani
answered on May 20, 2025

Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.

In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and...
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0 Answers | Asked in Divorce and Family Law for Alabama on
Q: Can I receive alimony after a 28-year marriage in Alabama?

I am retired after a 28-year marriage, during which my wife consistently earned more money. She filed for divorce, and I am wondering if I can receive alimony under these circumstances. She is currently choosing not to work, and we have one home with a mortgage and another that is paid for. We have... View More

0 Answers | Asked in Divorce, Employment Law, Military Law and Family Law for Texas on
Q: How to respond to a divorce petition filed in Texas when I live in Maryland and seek alimony and support?

I received a divorce petition from my spouse in Texas on 05/19/2025, and I have 20 days to respond. I recently moved back to Maryland after my military spouse threatened divorce, leading me to resign from my 18-year career to support military orders in Texas. I need legal representation but am... View More

1 Answer | Asked in Divorce, Business Law, Civil Litigation and Family Law for California on
Q: How can I enforce unpaid spousal support from my ex-husband in CA?

I divorced my ex-husband in December 2014 in Colorado, although I was living in California at the time due to him abandoning me in Las Vegas. He was ordered to pay $500/month in spousal support until December 2024, but I haven't received any payments since June 2017. Despite multiple attempts,... View More

James L. Arrasmith
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answered on May 20, 2025

You have a valid Colorado support order that California courts can enforce under the Uniform Interstate Family Support Act (UIFSA), which allows you to register and enforce your out-of-state judgment in California without returning to Colorado. Your first step is to register your Colorado divorce... View More

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