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1 Answer | Asked in Divorce and Family Law for Washington on
Q: Can a divorce be paused in Washington if both parties want to reconcile?

My husband filed for divorce in Washington State two days ago. Yesterday, he mentioned that his lawyer put the divorce on pause because we both want to reconcile. I have not received any legal documentation about this pause. Can a divorce filing actually be paused under these circumstances, and... View More

James L. Arrasmith
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answered on Apr 11, 2025

Yes, in Washington State, it's possible to pause or even dismiss a divorce proceeding if both parties are considering reconciliation. Since your husband filed the petition just two days ago, you're still early in the process, and there are options available to you.

If your...
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2 Answers | Asked in Contracts, Divorce and Family Law for California on
Q: How can I create a binding contract with my husband for repayment of a $60,000 debt?

I'm currently separated from my husband, and he's agreed to pay me $60,000, which is half of what we borrowed from my mother to purchase a house that we lost. He wants me to sign off on his pension and verbally agreed on a phone call to pay me $60,000 when his father passes or within two... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 11, 2025

A marital settlement agreement can be a binding contract. You should retain an attorney to draft it for you.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Is $90k from single home sale considered in equity split for divorce in Texas?

I purchased a home in 2011 while single. I got married in 2014 and sold the home in 2017, using the $90k cash received as a down payment for a new home with my husband. My husband is on the deed but not the mortgage loan. We are now divorcing. Is the $90k I used for the down payment and fees... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2025

If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.

For example, if the price of...
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1 Answer | Asked in Divorce, Car Accidents, Family Law and Personal Injury for New Jersey on
Q: Is accident settlement community property during pre-divorce in NJ?

I am considering divorce from my spouse, and we are still married. We were involved in an accident in Florida, where the other driver was at fault, and we have attorneys pursuing a suit against the driver. We reside in New Jersey and are on the same insurance policy. If we receive a settlement... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you're navigating this—it’s already difficult to go through a potential divorce, and adding a personal injury case to it can make things more complicated. New Jersey is an equitable distribution state, not a community property state. That means marital property is... View More

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Can my spouse claim ownership of my pre-marital house bought in cash in Florida?

I own a house outright in Okaloosa County, Florida, which was purchased and paid for entirely with cash before my marriage. My spouse's name is not on the property, and she has not contributed financially or made any improvements to it. Additionally, we do not have any prenuptial or... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 10, 2025

As long as you have not expended any marital effort or money on the property then it remains your nonmarital asset. Speak with a local family attorney for more specific advice.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: Will I have to split my house with my husband in a divorce?

I have been married for about 30 years, and during the marriage, I bought a home using individually named funds. My name is the only one on the home, and my husband has contributed financially to it. We have not made any legal agreements regarding property division during our marriage. If my... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 10, 2025

Property purchased DURING the marriage (i.e. at any time between date of marriage and date of separation) is community property. It's not about whose name is on title, or who earned the money used to purchase the property (make the down payment). It's about the source of those funds.... View More

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1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can divorce papers be voided due to incorrect name?

My wife filed divorce papers using the name Sarah Sellers Walters, which includes my last name, even though she never legally changed her last name to Walters. Her legal documents all list her name as Sarah Mackenzie Sellers. Can the divorce papers be thrown out due to this discrepancy in her name?

James L. Arrasmith
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answered on Apr 13, 2025

A discrepancy in your wife's name on the divorce papers, such as using your last name when she never legally changed it, is unlikely to void the divorce itself. Courts generally focus on the substance of the case, and a minor clerical error in a name will usually not invalidate the divorce... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Divorce process for 2 years married, unemployed in PA

I want to file for a divorce after being married for 2 years. I'm currently unemployed and can't afford to pay a lot for the process. There are no children involved, and I'm not concerned about any specific assets or debts. I just want to know how I can proceed with a divorce... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Pennsylvania, you can file for divorce on your own if you are unable to afford the costs. Since there are no children or significant assets involved, the process may be simpler for you. First, you will need to file a complaint for divorce in your county, which starts the process.

If...
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1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: Am I required to give spousal support in NM if husband earns more?

I have been married for 12 years, and we have two children under the age of 10. My husband, who is currently driving for Uber, earns 50% more than I do. We are financially co-dependent and do not have any existing agreements regarding financial support. I am still in school working towards my... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New Mexico, spousal support is not automatically required and is typically based on the circumstances of both parties. Since your husband earns more than you, and you are currently in school working towards a better earning potential, it’s unlikely that you would be required to provide spousal... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How to file for divorce on fixed income when spouse lives in another state?

I need to file for a divorce, but my spouse lives in Alabama, and I live in Louisiana. We've been living in separate states for two months. I am on a fixed income and planning to file in Louisiana. We have no agreements regarding spousal support or division of property. How should I proceed... View More

James L. Arrasmith
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answered on Apr 13, 2025

To begin the divorce process in Louisiana, you’ll need to file a petition for divorce in the parish where you live. Louisiana requires that at least one spouse be a resident of the state for six months before filing. Since you've been living separately for two months, you should check the... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Can I file a divorce request in NC if my ex-wife hasn't completed paperwork in VA?

I have been separated from my ex-wife since 2017, and we agreed to start the divorce process a year ago in Virginia, where she currently resides, while I have been a North Carolina resident since 2018 and frequently travel across the country for work. We've already submitted the paperwork and... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you’ve been a resident of North Carolina for several years, you may be eligible to file for divorce in that state. North Carolina allows residents to file for divorce if they have lived in the state for at least six months. Given that you’ve been separated since 2017 and have met the... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Alabama on
Q: How to find a pro bono divorce lawyer in Alabama?

I am seeking a pro bono lawyer to help me with the beginning stages of a divorce in Alabama. There are children involved, and I need guidance on child custody and support, as well as division of assets. How can I find pro bono legal assistance for this process?

James L. Arrasmith
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answered on Apr 13, 2025

Navigating a divorce with children in Alabama can be challenging, especially when seeking pro bono legal assistance. Start by contacting Legal Services Alabama at 1-866-456-4995 or applying online through their website. They provide free legal aid to low-income individuals and may assist with... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How to file for divorce when spouse is incarcerated in Georgia?

I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.

Regina Irene Edwards
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answered on Apr 9, 2025

This is a very easy and inexpensive case for an attorney to handle. The case will be filed in your home county and he will be served in prison. If he does not file a response, a final hearing is scheduled and the divorce granted.

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1 Answer | Asked in Divorce, Child Custody, Family Law, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: How to proceed with divorce and custody in PA?

I am considering leaving my husband, who is a high-functioning alcoholic, to provide a healthier environment for our two children, aged 13 and 11. His drinking has worsened, and it is affecting our kids. We own a house together, and he is the primary provider, while I work part-time. He refuses to... View More

James L. Arrasmith
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answered on Apr 12, 2025

I’m really sorry you’re going through this—prioritizing your children's well-being is so important, and it’s clear you’re taking their needs into consideration. In Pennsylvania, if you decide to leave your husband and pursue a divorce, you can file for divorce even if he refuses to... View More

2 Answers | Asked in Divorce, Family Law and Contracts for Florida on
Q: Ex-wife did not file QDRO for pension. What action needed?

My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 9, 2025

If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.

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Q: Seeking pro bono legal help for complex family, privacy, and financial issues in Colorado.

I'm facing a long-standing, complex situation stemming from issues in my marriage and involving my children, whom I haven't seen in months. Despite my wife's assurances, contact hasn't been allowed. Over the past decade, I've lost my professional and personal standing at... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re going through sounds incredibly heavy, and it’s understandable that you’re feeling overwhelmed. When your access to your children is cut off and your personal and professional life are deeply affected, the emotional and legal burden can be crushing. You shouldn’t have to face... View More

3 Answers | Asked in Divorce, Civil Litigation and Family Law for Ohio on
Q: Ex violating divorce decree by withholding bonus payment.

My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More

Nicholas P. Weiss
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answered on Apr 9, 2025

Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.

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2 Answers | Asked in Divorce, Child Support and Family Law for Georgia on
Q: Can I file a child support addendum without my spouse's signature in Georgia divorce? What steps to resolve this issue?

I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More

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1 Answer | Asked in Divorce, Child Support, Child Custody and Family Law for Georgia on
Q: Divorce proceedings issue with unsigned child support addendum in Georgia.

I am currently going through a divorce and my spouse and I initially agreed, signed, and filed all the divorce paperwork together. However, I was notified that I was missing a parenting seminar certificate and a child support addendum and worksheet. My spouse refused to sign the child support... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, both parents typically need to agree and sign the child support addendum as part of the divorce proceedings. If your spouse refuses to sign due to a disagreement on a specific question, you may face challenges in submitting the addendum without his signature. However, the court might... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Alabama on
Q: Can my ex-wife take my land and house if she refuses to sign a deed?

I was awarded half of the land and house during my divorce, while my ex-wife received the other half, which was 10 acres. She refuses to sign a quitclaim deed to transfer the property as outlined in our divorce agreement. Recently, she sold her portion of the land, and I suspect she's... View More

James L. Arrasmith
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answered on Apr 12, 2025

This situation sounds very stressful, especially given the uncertainty and potential for conflict. Based on your divorce agreement, the property division should have been finalized when the court issued the decree, and your ex-wife does not have the right to take your land or house unless there was... View More

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