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we divorce?
answered on Jul 1, 2017
Did you have a contract or pre-nuptial agreement to that effect? Community debts are typically equally split during the divorce process, but the student loan issue depends on various factors. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More 
answered on Jun 8, 2017
You haven't given any details as to the nature of the deception, who else was involved, and whether the Court was also involved. Also have you gone to Court under the misapprehension and when?
Wife has a hidden bank account which is technically our money. I am afraid she is using that money to hire a lawyer behind my back.
answered on Jun 8, 2017
If you feel that where you have significant doubts about the honesty of your spouse, mediation would be a waste of time and money. It is meant to be a forum to discuss settlement where parties are on an equal footing and if assets are being secreted there is not a level playing field. The filing of... View More
answered on May 31, 2017
Your separation agreement should have language that the Deed is executed in exchange for the sums to be paid and the Deed is held in escrow until payment is received.
she recently told me I would have to sign it over to her so she could refi under her name and she would get me my money if I do how do I make sure she pays me
answered on May 31, 2017
Assuming that you are preparing a separation agreement, the language of the agreement should state that the Deed is tendered in exchange for payment and that in the event of refinance the conveyancing office involved shall be disclosed to you to make sure they are aware of the terms of the... View More
My wife lives in a shelter with my son, and there is no legale separation filed yet or a divorce filed. There is no child support order from court, and i want to support my son finnancially and i want to ger visitation right, how can i support my son and how to get visitation time. I didnt see hime... View More
answered on May 26, 2017
You can file for child custody in court. Child support is paid to the mom pursuant to a court order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
answered on May 22, 2017
If your Order specifically states that you can keep the items for yourself or toss them away if he does not remove them within 120 days, it would not do either. Your ex is in violation of the Order and you must file a Contempt against him to get him to remove his things. I understand it is... View More
I had hired a lawyer who gave my case to an intern or brand new attorney who was not familiar with how to present a case of domestic abuse including rape, physical, emotional and verbal abuse due to alcoholism. These trusts were not presented to the judge or to the lawyer of the spouse and if done... View More
answered on May 15, 2017
It depends on the current status of your case. You may need to hire a new lawyer asap.
See: http://www.aeesq.com/divorce-attorney/divorce-law/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
I got married in India under Hindu Marriage Act. I am in USA right now on F1 visa and my husband is on H1B visa. Can I get a divorce in USA?
If yes, would it be valid in India as well?
What’s the process for a mutual divorce in USA for international people?
How much money... View More
answered on May 3, 2017
In Massachusetts if you are residing here with your spouse and the breakdown of the marriage takes place here, then you can commence a Divorce Complaint or have a Joint Petition for divorce here. You do not need to be a citizen to obtain a divorce, but you will need your marriage certificate and it... View More
answered on Apr 29, 2017
The terms may be inherently unconscionable and there may not have been enough time for the non-drafting party to review the pre-nup with independent counsel.
See: http://www.aeesq.com/divorce-attorney/community-property-2/
More details are necessary to provide a professional... View More
how do i go about all this with everythng in his name and do i quilty for alimoney we had been married for 13 years
answered on Apr 24, 2017
You may still be entitled to alimony and your share of community property assets/ debts.
See: http://www.aeesq.com/divorce-attorney/divorce/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More
answered on Apr 3, 2017
Typically, inheritances are separate property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
Father signed acknowledgement of paternity to be on birth certificate. We eventually wed, but now going through a divorce. In a motion, he stated there is no proof our daughter is his and that he should not have to pay child support. However, he wants visitations. He lives in Florida and we live... View More
answered on Apr 4, 2017
He cannot challenge Paternity but he can seek visitation , however. The waffling about his level of interest in the child is a concern which you should bring up to the Court in establishing visitation if he indeed seeks it.
and that puts us at 30/70 split by value - can a judge overrule that as unfair? even though we agreed to it and think it's fair?
more background - she's a spender and I'm a saver and we've always had separate accounts. Both agree it's not fair for one to be... View More
answered on Mar 23, 2017
Depending on the length of the marriage and several other important factors such as age, education, income, health, ability to attain future assets, whether there are children and conduct and the existence of a marital partnership, such a split may be deemed to be unreasonable by the Court despite... View More
We have temporary orders granting me sole physical and joint legal custody of our 2 year old. We have a GAL report which recommends a greatly reduced visitation schedule than he currently has. Our trial date isn't until August. I filed a motion to amend the visitation to reflect the... View More
answered on Mar 22, 2017
If the Temporary Order does not give him visitation at the day care center, then he does not have the right to visit the child there and you should contact the day care center to let them know and provide them with a copy of the Temporary Order. You should also pursue a Contempt complaint for his... View More
if we divorce, can i get a portion of his trust fund?
answered on Mar 8, 2017
Hello, Is this trust created by her Will or was this a trust she had in place during the marriage? There are nuances to the response to this question depending upon the particular facts, which are best addressed in a consultation with a divorce attorney. There could be rights to a share of same and... View More
answered on Mar 3, 2017
The mother is usually the primary child care giver, so that forms the basis of what the Court usually does. However, the Courts are in favor of both parents' participation in child care and there are certainly circumstances where the father has been the primary care giver or where mother is... View More
answered on Feb 10, 2017
I see no legal basis for such restrictions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More
My wife has hired a LAR and she is requesting me to provide my Financial Statement for her to prepare the separation agreement. I do not want to disclose my income details until i have an agreement reached. Is it mandatory for me to provide my Financial Statement for separation agreement... View More
answered on Feb 8, 2017
Such financial statements are filed in Court as part of a divorce proceeding. Is there a case filed? Or is this a collaborative divorce mediation process? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More
My husband has already paid for an online divorce through NY he says he has to just download it and get it notarized, I have spoken with a lawyer and he suggest I still file in MA and have him serverd that way I will not have to travel to NY for anything regarding court issues and I am going to... View More
answered on Jan 12, 2017
Since you and your child are in MA, it sounds like a good idea to file in MA. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More
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