they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble
My god daughter has been living with me for over 2yrs. Her parents are separated (for about the same amount of time) can they sign custody over to me in their divorce? Or does that have to be done separately?
It's called a guardianship and does require a Court action. You will do the divorce AND guardianship at the same time. Many Judges prefer two different actions. There is a lot going on in a guardianship. Many guardianships turn into adoption at some time. Parents often let the guardian (you)...Read more »
A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband,... Read more »
Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do...Read more »
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.
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.
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 »
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 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.
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
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