Generally the Final Decree is the only Order to be concerned with. But you will need your attorney to examine your Case and advise. It is possible other Orders are still enforceable, and post divorce jurisdiction is retained under that Docket Number.
I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.
Typically, a Plaintiff may dismiss a case under Rule 41 without the other party's consent. If there is a pending counter-claim by the defendant, the counter-claim would not be dismissed. So under the limited facts provided, if your spouse filed for divorce and there was no counter-claim, the...Read more »
Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for...Read more »
It depends on which county you are filing your divorce in. Most county court websites hold some divorce documents. I would start my search there. However, you may want to consult an experienced licensed divorce attorney to ensure that you are headed in the right direction.
Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »
Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.
Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State...Read more »
This will be the first year I have been able to claim her and I know it will make her angry and she will probably try to sue or something else my question is if it's in the divorce decree that we split years does she have any legal recourse and if she doesn't and the judge sees that she... Read more »
Post Judgment Contempt Petitions are very possible. Hopefully you have read your Decree correctly. The IRS may give you trouble when you file. You should not have allowed this to happen, and when you do file with the dependent, she may claim it is the wrong year.
That is a pretty clear clause. Each party gets to pay their own lawyer. But payments for Court Costs are split between the Parties. Many times the Clerks will send out two bills, each for half the costs.
First you needs either grounds or an agreement to get divorced. In a contested case you need to be able to prove that you brought separate property into the marriage. The appreciation in value of marital property will be subject to a equitable distribution by the Court. The husband may claim...Read more »
Generally, property acquired during marriage is marital property. You each have equal rights to the property. Under this circumstance, seems that the kayaks are equally hers - so it wouldn't be theft. However, when you file for divorce, there's an automatic injunction that goes into place...Read more »
My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... Read more »
I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... Read more »
Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your...Read more »
Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but...Read more »
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