Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »
My husband has health issues but is not considered disabled. Is there a possibility I would have to pay spousal support if so what is the most amount of time? Is there a possibility I would have to pay him the rest of his life? This is the one thing keeping me from filing i'm worried I would have... Read more »
The presumption is that spousal support is not warranted. If your husband can prove by clear and convincing evidence that after the division of community property and the confirmation of any separate property that he still cannot meet his minimum reasonable needs than there is a possibility that...Read more »
My boyfriend and I want to get married but he is still legally married with someone he has been separated & living apart from for over 12 years and just never filed for divorce because he was incarcerated at the time and when released, could not afford an attorney. His ex has full custody of the... Read more »
My partner has been deported from Europe to the States for overstaying his permit. At Jfk airport arrested because he missed his court date a year and half ago in Texas. He's been sent to a jail in NY and he will have to appear in court in two days. So it will make 6 days from his formal arrest.... Read more »
4th time in 5 years she walks out, I work from home and very well established. we have boy 12, girl 8 and another girl 4 (which is the one she took with her) shes running a failing business. she is living on a friends couch and refuses to bring the 4 year old back home. can she legally separate... Read more »
is financed and in my name. I would like the vehicle transferred to her name and have her responsibole for the balance due on the note since I due not have the vehicle. Do I need to hire a attorney to get this done?
Your wife will have to agree to assume the note on the car. If refuses to cooperate, then you will need to call a temporary order hearing. In the hearing you will need to ask the judge to order her to assume the note if she is to keep the car. That will then need to reduce what the judge says to...Read more »
My husband is incarcerated, we have 2 small children and he is now threatening me accusing me for him being incarcerated. Who/How can I talk to about obtaining legal & full custody of my kids as well as protection from him not knowing where we stay. I have police reports from abuse and violence... Read more »
You really need the assistance of an attorney, especially with children being involved. Many attorneys accept credit card payments, which helps make it easier to afford. If you can't afford an attorney, try calling the state bar to inquire about pro bono attorneys in your area. -Homer P. Jordan...Read more »
If your husband has filed for divorce (and especially since you have children) I suggest that you obtain counsel to help you navigate the entire process. It is not just a matter of filling out forms. The divorce decree specifically, is a detailed document that is going to play...Read more »
He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any problems. It's my... Read more »
I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an...Read more »
No to both questions. You have to enforce the decree in a district court. If it is a family district court, and the provision involves the children, you have to go back to the family court. If the provision resulted from an agreement that could be enforced as a contract you could file in a civil...Read more »
The short answer is yes. You can ask for some help while the case is pending for sure. Whether you could get spousal maintenance after the case is over, depends on your situation and how long you have been married. You would have to file the case and set a hearing for temporary orders. There,...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.