Get free answers to your Divorce legal questions from lawyers in your area.
Communication has been expressly limited to TalkingParents.com between my ex husband and myself. I have the records available to me for evidence, and he uses TalkingParents for this communication. He takes every opportunity to call me many names, all which have to do with him implying that I have... View More 
answered on Mar 24, 2020
If there is a court order limiting communication to TalkingParents, he may be in violation of the court order. If so, you could consider citing him for contempt. You should get a lawyer to help you.
answered on Mar 24, 2020
No. Only the court can modify court-ordered child support/alimony. A party wanting a modification has to file a motion to modify with the court.
if I do refinance before I'm Legally divorced is that considered maritial property and will he be entitled to half of the house? I Live in Colorado Thank you So much for your time...
answered on Mar 16, 2020
just refi-ing the house will not change things so long as you do not put him on the deed. However, any increase in value of the house that occurs during the marriage is considered marital property, subject to an equitable (meaning "fair", not necessarily equal)) division. You should get a... View More
We are amicable, have already dividied assets, have no kids,
Do we still have to do a mandatory reporting to one another?
Can I do this process myself or better w an atty ?
answered on Mar 10, 2020
I suggest you start with a NY attorney to see what needs to be done. For instance, in Colorado, you can change a decree of legal separation to a decree of dissolution (divorce) after six months by filing an election to do so.
He is common law with someone else
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answered on Mar 3, 2020
You would have to file paperwork for a traditional marriage. However if you had a marriage ceremony, the other party may be able to claim common law marriage.
I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.
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answered on Mar 1, 2020
It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.
Can a law firm represent one of their employees? My ex wife is serving me with papers and I don’t really know why, and she keeps asking me fore my address. I’ve told her I will not give her my address and I gave her my grandmas address, where I get all my mail sent, and she told me that won’t... View More
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answered on Feb 29, 2020
There is no prohibition against a law firm representing one of its employees. Additionally if you care for the child then the Mother will need to know your address. Other than that, she is looking for your address for the purpose of service of process.
I did file bankruptcy in August that was discharged in December. And I do know that two of the debts are now going after him, but he still owes me money from his retirement. And that this new lawyer is representing him with that. We did not have lawyers for the divorce originally.
answered on Feb 27, 2020
So your ex has hired a lawyer. The Entry of Appearance is the lawyer's way of stating the lawyer is the attorney for your ex in this case. That lawyer is probably going to file a motion of some kind. You should get a lawyer yourself.
There are no minor children and my spouse has been absent from the marriage for 8 years.
answered on Feb 25, 2020
No. You also need to file a Petition. You need to provide each other with your mandatory disclosures and certify that you have done so. You will need to file a Separation Agreement and Parenting Plan. You need to provide a form of Decree. You should get a lawyer to help you with all this.
answered on Feb 21, 2020
Yes. If she objects to a decree of legal separation, the judge will issue a decree of dissolution of marriage.
My ex wife claims she pay her bf 1300 month rent.
I want to see if he is claming it on his income tax as part of reviewing child support and maintenance
answered on Feb 14, 2020
You can try. He could object. Then it's up to the judge to decide whether that is proper. Usually, you would have to have a very good reason to do this. He is not really involved and he has a right to privacy in his tax returns.
we are trying to do the JDF 1111... but we have negotiated ourselves and agree on all matters... do we still have to do the jdf 1111? .... and Is it better and easier to delay the deadline for that form... and go ahead and separate all of our accounts first... Then file whatever other forms?
answered on Feb 12, 2020
You still need to do all the mandatory disclosures, including the JDF 1111, Sworn Financial Affidavit. That's why they are called "mandatory". The court will need to approve your agreement. It needs the Sworn financial statements in order to do so.
Do we follow Georgia laws or Colorado's law on child support issues? Thank you.
answered on Feb 6, 2020
You should follow the current decree from Georgia. If you want to modify it, you may want to file in Colorado, especially if contested. You should get a lawyer to help you with this.
Married 26 years on paper, seperated for the past 6 years , divorce is filed by ex in the state New Mexico 3 years ago by my ex , I live in Colorado, I was injured at time of seperartion and ex hasn't financially helped me since the injury .
I'm going pro se.
answered on Feb 4, 2020
You may be able to request maintenance if the divorce is still open. If not, you may be able to depending on what the divorce decree states. You should get a lawyer there to review this and help you with it.
Divorced a few years . Like a dummy I haven't gotten what was court ordered. Can I put leans on his property and harleys.
answered on Feb 4, 2020
You can get a judgment for the back support, plus interest of 12% for child support and 8 % for maintenance. Once you have the judgment you can file a lien on his real estate, and garnish his bank accounts and wages. You should get an attorney to help you with this.
I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.
answered on Feb 3, 2020
Yes, I think you can do this. However, your husband can not speak for you in court (unless he is your attorney).
If we use the money to buy a new home outright and he is on the deed, does he own 1/2 the home equity.?
answered on Feb 3, 2020
Basically, yes. If he is on the deed, he is a 1/2 owner. You may want to consider having a postmarital agreement to deal with this in the event of a divorce or death.
Question can I lose my home in divorce since I bought home before we married home is in my name only
answered on Jan 16, 2020
The house is considered your separate property. however, any increase in the value of the house is considered marital property, subject to an equitable division (meaning a "fair" division). You may need to get two appraisals for the house value-now and at the time of marriage. You should... View More
He walked out after 17 years together and married for 13 years. I only get $471 after medicare taken out. Left with no notice for me
answered on Jan 13, 2020
If you and your spouse do not agree, the court will have to decide how long. There is a statutory presumption that says maintenance for a 13-year marriage should last 6 1/2 years. however, this is not binding on the court. The judge will have to decide based on all the facts involved.
Friends & family think I should lease a car. I've never leased before. I make a little more than half of what my husband does. I know that I will be in full custody of kids once divorced. Kids are 13 & 17. *Does it make sense to lease a nicer SUV? I am afraid of; having to break... View More
answered on Jan 13, 2020
You do not want to lease a vehicle if you think you may have to break the lease. It will be very bad financially. You should get a car you can afford, regardless of how the divorce turns out.
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