My ex said that that that if my fiance moves in and spends the night while I have my kids, he is going to press contempt of court charges on me. But there is nothing in our divorce or custody papers saying my fiancee can't live here or spend the night while my kids are here.
If it is not addressed in the divorce or custody document you wouldn't be in contempt (it is frequently included, so make SURE that is the case). However, he can ask the court for a modification to restrict cohabitation.
I would expect that to be successful. Conservative state,... Read more »
I was looking over my child support payments, no balance. And I always wondered if it is possible to open a child support case while married. My ex-wife opened this case in 2009 but we were divorced in 2010, so I always wondered how was that even possible to open a case while married.
If she was drawing support from the state they can bring an action.
The issue of custody is always open for review. The issue is always what is in the best interest of the child.
We have two children and I will be keeping the home. I can't uproot the children and cause them more trauma to get our 30 day separation but my husband isn't taking me seriously when I tell him to move out. His family doesn't want to get involved, but I can't get him to move out of the house.
You do not have to live separate and apart ,in the literal sense , to file for divorce but separate and apart as not being husband and wife ie no sex ,separate bedrooms etc etc. The real issue is, are you safe?
We separated after he hit my son, I have asked multiple times to please sign but he wouldn't. I have children from a previous relationship. We have no assets, children nothing! I don't know where he currently lives & have no idea how to go about getting a divorce. Please help me.
If he remarried without divorcing you then he is a polygamist which is criminal offense. You can go to the prosecuting attorney and have him charged.
You will to file a Motion for Contempt in the divorce court where the Decree was entered.
No. You should talk to your lawyer.
Hire an attorney. Discovery will force admission or denial, and production or withholding of 401K documents. Compare that to what responses from his employers . There is no "check for all assets" database, but discovery will help. You may need to hire an accountant.
My wife and I are getting a divorce and she has eluded to taking our son out of state to be near her family. However we moved him to Arkansas, where my family lives. We made this move because his education plan needs were not being met. The reason for this move to Arkansas has been well documented.... Read more »
Your situation requires careful planning and a working knowledge of Arkansas custody and visitation law. When it comes to moving a child out of state, Arkansas law has certain presumptions about the benefits to the child of moving away, and which parent carries the burden of proving that such a... Read more »
I repeatedly asked her to file taxes with me she refused I want to head and filed them on my own as head of household so will start with a text and order Belcourt so that’s a legal separation document and I lived in the house 11 months out of 12 so I filed all three daughters bars and now I’ve... Read more »
When two people file and take the same dependents the IRS will place a hold on both accounts while they investigate and determine who had the right to take the dependents. If this is what happened then you should hear from the IRS. If she is the one telling you that there is a hold on your... Read more »
We have no "video" proof, but some texts where we have met or driving to meet eachother, texts as well saying he cant stop thinking of me since he saw me the night before...
One of the requirements for divorce is that you are separated from your spouse. Generally that means that you are no longer having a sexual relationship. If you all are still having sex, it could prevent you and your spouse from obtaining a divorce. Hope this helps.
We have two kids together.
Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.
We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child... Read more »
It sounds like you need to get divorced and get a custody/support order in place.
There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out... Read more »
My spouse had filed for an uncontested divorce in which I later contested and made a counterclaim for. In the beginning of this process, neither of us had an attorney and were representing ourselves. In court after my spouse made his argument (which wasn’t well prepared), the judge then told him... Read more »
The judge cannot enter a decree of divorce until at least 30 days after the original complaint is filed, even when it is an uncontested divorce. It sounds like that amount of time has definitely passed.
You shouldn't have to return to court if the attorney is preparing some... Read more »
When she came here on a visitation visa we got married but we fell apart and she went back home, ever since then her and i had broke up and now i want a divorce. she told me i had to file it since i want one, so i am in need of help trying to do so.
You can still file for divorce as long as you have lived in the state for a certain period of time. You should probably consult with an attorney who can determine how to proceed based on the facts of your particular case.
We both have been married before
Depending on the facts of the case you may be entitled to a portion of his retirement benefits. You should consult with an attorney who can review the facts of the case in detail and provide you with proper direction. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Case is in Arkansas it is a nocostested divorce no children
Yes. You have 30 days. This is often done incorrectly. Find an attorney that will do an uncontested divorce for a low rate.
Can't do a contingency fee in Arkansas divorces. It will be difficult securing a pro bono divorce. If the parties agree to an uncontested divorce, you may find a reasonable, fixed-fee option.
Arkansas Rule 1.5(d) (d) A lawyer shall not enter into an arrangement for, charge, or collect:... Read more »
Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the... Read more »
How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?
She is violating the visitation order.
Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.
She needs to go through the court/OCSE to address child support, not keep you... Read more »
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