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District of Columbia Divorce Questions & Answers
1 Answer | Asked in Immigration Law, Divorce and Family Law for District of Columbia on
Q: Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More

James L. Arrasmith
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answered on Mar 28, 2024

When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Hi, can one ask for extension to respond beyond the 21 days from the court for a divorce case? Case is based out of DC.

-3 month marriage

- no joint assets, properties, no children

- both spouses have attorneys

- wife simply just doesn’t want to get divorced.

Laurence L. Socci
Laurence L. Socci
answered on Mar 23, 2024

If both parties have attorneys, you contact the other attorney and ask if they will agree to an extension. Then you file a motion with the court asking for an extension stating that both parties agree (called a consent motion) or they do not.

2 Answers | Asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia on
Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

Laurence L. Socci
Laurence L. Socci
answered on Feb 14, 2024

You would have to file a Motion to Compel with the court. You need to show that you asked for the records and he refused to provide them. You need to show that you are entitled to the records as well. The court will review your motion and rule on it.

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2 Answers | Asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia on
Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

In a divorce proceeding, both parties are typically required to disclose all financial assets and liabilities, including business interests and tax returns, through the discovery process. If your spouse refuses to voluntarily provide this information, you can use formal legal tools within the... View More

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1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Can my husband marry a second wife overseas?

We are married with a 9 months old son. He’s visiting out of the states and I was told from a family member that he’s considering a second marriage over there

Laurence L. Socci
Laurence L. Socci
answered on Aug 10, 2022

No. A valid marriage in any country, including the United States, is a valid marriage anywhere. If he gets married in another country, he could be prosecuted in the United States for bigamy, and the overseas marriage would not be valid.

1 Answer | Asked in Divorce for District of Columbia on
Q: If my left the house and we been separated for 7 months. But she is on the deed only why can't I change the locks.?

And if I changed the locks already what will happen next.

Laurence L. Socci
Laurence L. Socci
answered on Mar 8, 2022

If she is on the deed, you can't change the locks because she is still an owner. However, if she was gone for 7 months and you have not heard from her or she moved out of the area, then arguably she abandoned the home. In which case, you likely would not face any consequences for changing the locks.

1 Answer | Asked in Divorce for District of Columbia on
Q: My wife and I are separated and my name is on the mortgage and deed while her name is on deed only. What are my rights

She also have keys to the house and she is not trying to give them. Can I change the locks.

Laurence L. Socci
Laurence L. Socci
answered on Mar 8, 2022

For now, you have the right to stay in the house and so does she. When you get divorced, the court will divide the house and all other marital property unless you and your wife come to an agreement on the division of the property. Because she is legally on the deed, you cannot change the locks.... View More

2 Answers | Asked in Divorce for District of Columbia on
Q: My wife and I are getting a divorce. She is going to try and get alimony and child support. I am the sole provider for

I am the sole provider for the kids is this possible?

Andrellos Mitchell
Andrellos Mitchell
answered on Dec 21, 2018

Call me.

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1 Answer | Asked in Divorce for District of Columbia on
Q: Once a divorce is filed and settled are they public record for people to search and see in Maryland Case Search?
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

Yes. They can review the docket online, and they can go the the courthouse to look at the court file, review whatever has been filed, and make copies. If you signed and filed a separation and property settlement agreement as part of the divorce, you should ask your lawyer to have that document... View More

1 Answer | Asked in Divorce for District of Columbia on
Q: i would like to know if im married to a person not from this country i want to get a divorce

the husband from nigeria i know he got denied his green card i know this he is lying about it we dont have kids together and we dont live together he does not do right and lies all the time i want a divorce asap

Andrellos Mitchell
Andrellos Mitchell
answered on Sep 5, 2018

If you married a person by traditional marriage or common law marriage in D.C., then you can get a divorce from that person.

2 Answers | Asked in Family Law, Immigration Law and Divorce for District of Columbia on
Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.

My husband of two years and partner of five year, with two kids in common under three years old has an addiction to alcohol and cocaine. I honestly don't want to continue with the relationship due to the mental distress is causing me and i dont want my kids to continue growing into an... View More

Carl Shusterman
Carl Shusterman
answered on Apr 21, 2018

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with...
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1 Answer | Asked in Divorce for District of Columbia on
Q: Question regarding spouse access to bank account

My brother and I lost our mother to cancer last year. I sold her property and we are waiting to split the proceeds once they come in. My brother has a bit of an intellectual disability and is easily taken advantage of. He met a woman not long after my mother passed away and now they are engaged... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 23, 2017

All funds earned or acquired during a marriage are considered community property, with few exceptions. An inheritance may qualify as an exception. Your brother may need a Power of Attorney, a prenuptial agreement, and perhaps a conservator, depending on his mental abilities. More details are... View More

1 Answer | Asked in Divorce for District of Columbia on
Q: Are these legal aides overstepping any boundaries?

My s/o and his ex are divorcing and they have a custody/ vis. agreement for now. She has hired 7 legal aides to oversee her case. His ex will put the children in extra activities without his consent on his evenings and drop them off late. He will send one text asking where they are. Her team will... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

The legal aides may be violating civil/ criminal laws if they're giving legal advice or doing work that attorneys do, if they have no license to practice law in DC.

It sounds like your friend needs a great and affordable child custody lawyer. Perhaps I can help?

See:...
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1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Is a prenup a good idea for everyone?

I am getting married and just don't know!

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

I have to say Yes. It is very customizable and recommended. 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 nor does it create any Attorney-Client relationship.

1 Answer | Asked in Divorce for District of Columbia on
Q: Where do I find divorce records?

I need a copy of my divorce.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

Start with the lawyer who represented you and the Court Clerk where the divorce was filed. 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 nor does it create any Attorney-Client... View More

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