Get free answers to your Divorce legal questions from lawyers in your area.
Iknow that I will forfeit our home, but can I still lay claim to half of his 401k and ask for maintaince? I am 57 yrs old and disabled. My husband has been having an affair for three years and has been hiding money while liquidating my valuables for bills. Mine are all gone now. I have nothing.... View More
answered on Aug 2, 2018
Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts... View More
answered on Jul 5, 2018
If the child was born in your marriage, you are the legal father and have equal rights to the child, even if you are not the biological father. You should talk to an attorney local to you as soon as possible about pursuing physical custody of your son as part of either a legal separation or a... View More
and changed the locks. is this legal in Mo?
answered on May 31, 2018
Nope, the house belongs to her and her father, not her husband.
My husband filed for divorce secretly without notice. He makes over 9k per month and his mother still paid for his attorneys. I have recently filed a motion to order my husband to pay the attorney retainer fee for me to get an attorney. The judge granted it and gave me 6 dates and said I need to... View More
answered on May 28, 2018
If the opposing counsel won't communicate with you, you could send a draft notice of hearing and state that you will file it if you don't hear back within X days.
answered on May 28, 2018
That's too general a question to answer. You prevail in court by convincing the judge you are right. If you hire an attorney you will increase your chance of success.
I got married in July 09 and went to Mexico in Dec 2010 and when I had to come back to America for my fathers funeral in October 2011 he cheated on me and got her pregnant we split up and I haven't seen him in 7 years he has been deported 3 or 4 times and last I heard he was in Mexico can I... View More
answered on May 11, 2018
He doesn't need to sign, but he will need to be served. It sounds like he will have to be served via publication. Serving by publication is a little tricky and you will have to pay for the publication. Talk to an attorney local to you to assist you.
Form 14 2c:1 . I was given credit for my youngest child staying with me primarily. His mom and I are together and we have been so for 7 years. Each year I claim him on my taxes. However, during a dispute with my oldest child’s mother; it was mention that I shouldn’t have gotten that credit. How... View More
answered on May 10, 2018
This is not as easy of a question to answer as it sounds. The Form 14 is one page, however there a is a 40-page document that accompanies this form titled "DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14". There are also relevant cases in Missouri that specifically... View More
How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. I am Pro See and my husband's lawyer just dropped him and we would like to suspend to see if we can work out our differences without withdrawing so he doesn't lose what money... View More
answered on May 7, 2018
The short answer is that the court does not have a "hold" option for matters. Hearings can be continued for good reason; however, if a judge hears that you're attempting reconciliation, he or she may dismiss the case and make you start over. You still have some time, though. Once... View More
is it illegal for him to do that? his divorce asks for full custody for him
answered on Apr 30, 2018
It is sneaky, but not illegal for him to do that, you will need an attorney ASAP to assist you getting the protection order dismissed, and fighting for your custodial rights.
It was in my car that has been fixed. We haven't filed yet but will as soon as the money comes through. The insurance company wants me to sign off also so I won't come back on them. Independence Mo.
answered on Apr 20, 2018
The settlement will be for the marriage, therefore half the settlement will belong to you.
answered on Apr 12, 2018
If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.
She caused them to divorce by letting their mortgage go for 6 months causing it to go into default! She also spent their money an an adult website called Ashley Madison something! They have joint custody of their son, but my son has him 5 days or more out of the week! Their bank forclosed on... View More
answered on Apr 12, 2018
If the divorce degree required her to help him with the mortgage, or to reimburse him for the outstanding debt, then your son can seek a motion for contempt, and demonstrate to the court that she has not paid what she has owed. Have your son speak to an attorney.
I am Pro Se but not by choice. I am going to file an ex parte Show Cause to ask the courts to order my husband to pay for a retainer fee for a lawyer for me to even out the fairness a bit more because they are taking extreme advantage of me. I meet more than enough stipulations and he makes close... View More
answered on Apr 25, 2018
A Show Cause Order is granted upon a Motion for Contempt which must be personally served on the other party. You should file a Motion for a Temporary Order pursuant to 452.315 RSMo. 2016 and request child support, maintenance as well as attorney's fees and costs to be incurred. You should... View More
I am Pro Se but not by choice.
Is a "Temporary Order" and a " Stipulated Order" the same thing? I had prematurely signed the stipulated paper while we were making corrections while waiting to see the judge at the Temporary custody hearing that my husband never showed up... View More
answered on Apr 4, 2018
A Stipulated Order means an order that the parties stipulate or agree to. A Temporary Order is not a final order.
No one should make an unauthorized signature.
BEFORE my 30 day deadline was up I emailed the attorney asking for an extension to get what they are requesting. I ended up emailing her 3 times and my husband even emailed her asking on my behalf. He also left 3 messages the prior week for her. She had ignored it ALL and sent me a demand letter... View More
answered on Apr 4, 2018
Your options are to do nothing (not a good option) or file a motion seeking an extension of time, even though the deadline has passed.
We are supposed to have it notarized and I'm afraid because of the position I am in.
answered on Apr 3, 2018
If you are concerned about the agreement, talk to a local family attorney and ask them to look it over for you. Never sign something you aren't sure about.
answered on Apr 2, 2018
You can file in Missouri if you intend to remain here, however if your husband has no real contacts with Missouri, he can contest the jurisdiction. And if you have children together, the state where the child have been for the previous six months retains jurisdiction. Your best bet may be to file... View More
caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??
answered on Mar 27, 2018
You should go to court and admit that you lied; they'll dismiss it.
I am pro se going through a very rough divorce with a narcissist. I has hit with requests for interrogatories, statement of assets and debts, income and expense statements, request for productions and things. I was also hit at the same time for mediation. I did not even realize what the... View More
answered on Mar 26, 2018
Extensions typically go for 30 days; if there is a lot for you to do and your disability gets in the way, ask for 60 days.
I adopted my son at 5 yrs old he is 12 now. I have near to zero income and cant pay child support. What can i do to get it lowered or taken out completely.
answered on Mar 26, 2018
It doesn't matter if you are the natural father, if you adopted the child; you are now the legal father. If you have no income to provide for child support, child support enforcement will be asking for your income to calculate your obligation amount, ask them for an appeal and submit an... View More
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