My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... Read more »
answered on May 11, 2023
You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".
Not to be funny or imply anything untoward, but I've seen it happen... Read more »
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... Read more »
Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.
answered on May 1, 2023
Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.
As to... Read more »
I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:
Talk to your ex-spouse: Start by... Read more »
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023
I'm sorry to hear about the difficult situation you are facing. To answer your questions:
Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India... Read more »
He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023
I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... Read more »
is through a Quadro order. Based on the fact that the funds are coming to him from his spouse's retirement account, does he have to pay taxes on his end?
answered on Feb 14, 2023
He would not, assuming his settlement goes into another qualified account. If he takes all or a portion, or receives payments, those could be subject to tax 9and a potential 10% penalty unless he is otherwise eligible to withdraw.
More concerning for someone in prison: The attorney general... Read more »
I was awarded all property in my possession and that includes his 2 firearms, which were obtained during the marriage. He is asking for them, but shouldn't they be included in the property settlement? He was supposed to sign over ownership of property in my possession within 30 days as well.
answered on Jan 23, 2023
Without looking at the judgment of divorce, I'd say you're in the pole position on this issue. Question though should be whether it's worth your time, effort, and possibly money, should he file a motion over items you apparently know he wants.
If you have no personal... Read more »
He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... Read more »
answered on Jan 20, 2023
Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.
At this juncture, you... Read more »
she paid taxes& the judge believed her lies with no proof of paying anything, which she never did& the judge gave her our property. And also my name is also on the property, its in mine and my fathers name, how can a judge give away something that my name is on also?? is that legal, how... Read more »
answered on Jan 5, 2023
A couple things: you recognize that the property is also your father's? When you own stuff with another person as joint tenants, the entirety of the property can stand for the debt of either tenant. This is a big reason why most lawyers and financial professionals advise people not to jointly... Read more »
She claims to have paperwork for the cats, I've been taking care of them for over 2 years
answered on Dec 12, 2022
Did it say anything about the cats? Animals are considered personal property so you'd want to rely on what the judgment of divorce says about that. If nothing is mentioned, you need to decide whether this is worth the fight or not.
My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... Read more »
answered on Sep 21, 2022
Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... Read more »
answered on Sep 21, 2022
Marital assets need to be divvied up in a “roughly congruent manner” during a divorce case. Real property acquired during the marriage constitutes a marital asset.
If the parties can’t agree as to the value of the house and who should keep it in exchange for buying out the other... Read more »
I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?
answered on Sep 21, 2022
You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »
Dear Justia Lawyer,
My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... Read more »
answered on Sep 21, 2022
The easiest way to correct this issue would be to draft and submit a proposed consent order to amend the judgment. This would require your ex husband to sign the same. Due to the age, however, of the issue, the judge may not agree to sign the order. If this is the case, then you should consider... Read more »
We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... Read more »
answered on Sep 5, 2022
A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... Read more »
answered on Aug 31, 2022
Very fact-dependent, but yes. Attorney fees are possible under a specific court rule, statute, or by agreement. When criteria is met, the request can be made. And it's not uncommon for some attorneys to ask repeatedly when they believe they have appropriate grounds.
answered on Aug 13, 2022
No. A verbal agreement made on the record has the same effect as if in writing. Sometimes, there may be a dispute about the fine details of the agreement. For example, if you agreed to sell the house, but never indicated when, the judge will enforce the sale of the house, and if one party asks the... Read more »
It says court Does not retain jurisdiction over negotiations between the parties through counsel..
This where it was defendant's family home for 50 years, plaintiff did not want the house. During divorce trial they stated she did not want it, this was all defendant ask for. Court... Read more »
answered on Aug 10, 2022
What you are seeing in writing would be in the the judgment of divorce. In a divorce, the court does have jurisdiction over the marital assets. When the parties don't agree, it's the court's job to make an order. And the court retains jurisdiction to enforce that order.
What's my next move now, is it to wait for the court paper? or what should I do ?
answered on Aug 2, 2022
It's up to the plaintiff - your wife in this situation - to serve you the paperwork in order to continue the process; that must be done within three months of filing with the court, otherwise the court could dismiss the case for lack of service, and she would have to file anew.
Have... 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.
