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2 Answers | Asked in Divorce for New York on
Q: do you have to pay alimony from your disability in a divorce in ny state
Howard E. Knispel
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Howard E. Knispel
answered on Jan 7, 2025

New York does not have alimony. NY has spousal maintenance which is based on a formula. Disability is not excluded. All income for both parties is put into the formula. Speak to an attorney.

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0 Answers | Asked in Divorce for North Carolina on
Q: I am legally separated from my husband. What happens if I get pregnant with my current partner?

My current partner is not my husband.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Apply for spousal support in Family Court while married or wait 3 more months to file divorce? NYS

My husband and I cohabited for 7 years and were married 4 months ago. He recently left abruptly, asked for space, and gave up our rental without informing me while I was staying with family. He also took my jewelry, and I still had belongings in the house. There has been no contact since.... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025

This series of legal questions are best answered by an attorney after a detailed discussion of more facts of this asker's case. We really cannot conclude with concrete and effective legal advice as to which court to file for something based on a man's departing a home, taking jewelry and... View More

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2 Answers | Asked in Divorce, Child Custody and Federal Crimes for Texas on
Q: I've been paying medical benefits for my daughter since he's been born can my wife take her away from me? 10years

I'm 5% Bantu and 1% indigenous Americas Maya Indian. My daughter is the same as me. My wife is trying to claim my inheritance. I'm Americas Chief and Bantu royalty which should be acknowledged as king of Africa. Daughter can't separate from chief.

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

In a divorce proceeding, joint managing conservatorship is presumed to be in the best interest of the child; however, the Court can award sole managing conservatorship to either parent. The Court will base its decision on the "best interests of the child" legal standard. Ethnicity and... View More

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: If parties agree on a motion, do i need a hearing?

I've filed for divorce, papers have been served, an answer has been completed and served. I have filed a Motion to Waive the Statutory Waiting Period. My spouse agrees to waive the waiting period. Do I still need to submit a praecape for a hearing?

Garry M. Greenberg
Garry M. Greenberg
answered on Jan 6, 2025

If you are trying to move your case along quickly, you should still schedule it for a hearing (with the required praecipe) to make sure the Judge will allow it. Not all Judge's will agree to waive that statutory waiting period. Also, most Judge's want to go "on the record" with... View More

2 Answers | Asked in Divorce for New York on
Q: How can I get divorced free

I'm tired of my husband screaming at everyday all day and arguing with me none stop

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you are indigent, local legal clinics and legal aid societies may assist you, but they are swamped. If you are able to get an uncontested divorce, you could opt to do it yourself, as all the paperwork is on-line via the Office of Court Administration website. Also, you may call the local bar... View More

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0 Answers | Asked in Divorce for Texas on
Q: can a divorced couple come to a mutually agreeable distribution of community property after a default divorce judgement?

I am a US citizen living in a foreign country. I have a texas divorce default judgement(issued 5 years ago) against me obtained by my ex after I left US. My ex was awarded all of our community property(I had only liquid assets which I took along when I moved overseas) without any specifics, as... View More

2 Answers | Asked in Family Law, Child Support and Divorce for California on
Q: My husband cheated on me and his lover had a baby and it is 6 months old.

My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

California is a no-fault divorce state, meaning that neither party has to prove wrongdoing or fault, such as adultery, to obtain a divorce. Instead, the petitioner simply needs to state that the marriage has irreconcilable differences, meaning that the couple can no longer get along or that the... View More

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1 Answer | Asked in Divorce for Georgia on
Q: do we need to fill out a DRFA for an uncontested divorce in Georgia

We have divided everything and our children are 28 and 30. Do we need the DRFA to file the divorce

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025

Some judges and / counties require it. You can file the uncontested diovrce and then ask the judge's office. Most do not require the DRFA.

4 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More

William John Light
William John Light
answered on Jan 4, 2025

The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More

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0 Answers | Asked in Divorce and Family Law for Tennessee on
Q: In TN does a person have to be arrested for a sex crime before a psychiatrist can conduct a psychosexual evaluation?

I am in the process of a divorce in TN and the judge ordered my husband to do a psychosexual evaluation. The psychiatrist that does these evaluations here said he cannot do it legally because my husband hasn't been arrested/convicted of a sex crime. I cannot find any information in the law... View More

3 Answers | Asked in Divorce for Florida on
Q: I want to find a lawyer for my divorce and pay when we win. Is it possible? How to find this lawyer if possible?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 3, 2025

No. Attorneys are not allowed to charge a "contingent fee" for cases "... in a domestic relations matter, the

payment or amount of which is contingent on the securing of a divorce or on the amount of alimony or support, or property settlement in lieu thereof ...".

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Question on financial compensation

I have been married 3 years. Never really lived with my husband due to a multitude of lies & excuses however, during our marriage, he has officially lived with two different women and had children with these women and has used his money earned from his job to support these households -... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

There is a legal concept called dissipation of marital assets. It may be possible for you to recover half of what he spent on non-marital expenses such as other women, cars, etc. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Divorce for Vermont on
Q: Hi

H. I filled out the papers already 3 mths ago. My wife never returned them to me. i'd like to have them served. Our finances are the issue. i wish to hire a divorse lawer. Or just talk to them. if there is a fee, please let me know. i'd like to file ASAP. PS: she will not give me her... View More

1 Answer | Asked in Divorce for Florida on
Q: I have a car in both my name and my wifes name. If i sell this Vehicle are there any Issues? its her main transportatio.
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2025

You don’t say if there is a pending divorce case. Legally the car belongs to both of you. In fact, you may need both signatures to sell the car. You should speak with a local family lawyer for more specific advice.

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