You are not entitled to an appointed attorney in a divorce. The only time you are legally entitled to court-appointed counsel is when you are facing possible jail time (e.g. contempt of court for not paying child support, criminal cases, etc.).
However, there are several programs like Legal...Read more »
Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... Read more »
My husband purchased our house in Indiana a few months before we got married (over 10 years ago). Am I entitled to half? Does he have to sell the house and split the profits with me? The house has gone up in value. My annual income is around $80.000. Would I be financially responsible for my... Read more »
If the home was purchased before the marriage it would be considered non-marital. But, if you or your husband have been making payments on the home during the marriage or have made improvements on the home during the marriage there may be a marital component to the home which would provide you with...Read more »
Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »
You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.
My daughter’s divorce was finalized in the first quarter of 2020 so she and her ex filed their 2019 taxes together. Fast forward to the stimulus monies. They have two children and agreed going forward they would each claim one as a defendant on their taxes. Because of filing jointly in 2019,... Read more »
If you are unable to negotiate a resolution with the other party, then your best bet may be to file a motion for rule to show cause (motion for "contempt") in the court where their divorce was finalized, and ask the judge to force him to pay her the money.
All assets in a divorce are, on the surface at least, deemed to be in the "marital asset pot". However, you can argue (either at mediation or in court) that the house should be exempted due to the circumstances you described. It might be a good idea to sit down with an experienced family...Read more »
You should ask the court if they have templates available that you can use. Many courts do. Also, you should consider contacting your local bar association to see if the offer pro bono or modest means representation. That might enable you to obtain representation for your case at an affordable...Read more »
It is difficult to ascertain what problem you are running into based on the information given. I would strongly suggest that you sit down with an experienced family law attorney who can walk you through this process. May attorneys offer free consultations and can give you more detailed guidance on...Read more »
My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... Read more »
Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and...Read more »
Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?
She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your...Read more »
I filed for a divorce the beginning of oct and he still living here and has stopped paying everything he won’t pay any bills won’t help buying food nothing! He’s not physically abusive Is there a way I can make him leave until we go to court
Yes, you need to request what is called a "provisional order" from the court. This will allow you to have temporary orders put in place while the divorce is pending. You can ask the court to make him leave the house during that time. You should speak with an attorney, or contact your...Read more »
You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a...Read more »
He doesn't show up for court so I don't know if he even knows that he's been ordered to pay me. I am trying to do this without a lawyer since it is so expensive and the money actually is owed to my daughter (for reimbursing tuition) and the legal fees would almost be as much as he... Read more »
You may be able to obtain this type of order from the court, but as you were advised by the judge, you'll need to do it properly, and you will need to be able to prove that your ex-husband was served. If your ex-husband has failed to comply with the provisions of prior orders, he could be held...Read more »
I used to pay the mortgage and a credit card, but he has taken over payment of both and I need to get our decree amended to show this as I am looking to purchase a house and need it for underwriting purposes.
You can file a petition with the court for an agreed amendment to the original order. However, it would be highly advisable that you at least sit down with - if not retain - an experienced attorney to help you walk through this.
Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »
However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... Read more »
The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.