Get free answers to your Divorce legal questions from lawyers in your area.
Your current state is Ohio
answered on Jun 14, 2024
A trial will not move forward until proof of service has been filed. If you don't have any kind of legal service on the defendant, you will not obtain a divorce. He has to be served and there are multiple ways to serve.
Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More 
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answered on Jun 13, 2024
Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:
1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This... View More
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answered on Jun 15, 2024
Depending on a variety of factors obtaining an annulment can be more difficult than a divorce. The process is very similar. You need to retain an experienced matrimonial (divorce) attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More
answered on Jun 13, 2024
An annulment means that there was a fraud that went to the heart of the marriage and for court purposes, you need to be able to prove that fraud, and the longer the marriage lasted, the more difficult it will be to prove a fraud.
If the purpose of your inquiry is for religious reasons, you... View More
Do I risk losing part of the sale price or all claim to the house if I don't pay 1/2? I really can't afford to since now I'm paying rent (which is more than the mortgage).
Thank you.
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answered on Jun 12, 2024
In California, both spouses are equally responsible for community debts, including mortgages on community property, even after separation. However, the specific circumstances of your case may affect your obligations and rights. Here are some general points to consider:
1. Duty to pay: If... View More
we purchased house in 1988. I paid into for 24 years on a 30 year loan until I moved out in 2011. she wants to pay me $20,572.00
answered on Jun 12, 2024
You can either come to an agreement or file a contested divorce and resolve the issue in the divorce proceeding. You might also consider mediation as an alternative if you think there is a possibility that a third party might be able to facilitate an agreement with your wife.
Is there any legal defense a spouse would have against this tyranny?
answered on Jun 12, 2024
Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More
What my next step if my spouse hasn’t responded to the divorce paperwork
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answered on Jun 12, 2024
If your spouse has not responded to the divorce petition after being properly served, you can proceed with a default divorce in California. Here are the steps you should follow:
1. Wait for the response period to end: In California, your spouse has 30 days to respond after being served if... View More
What my next step if my spouse hasn’t responded to the divorce paperwork
answered on Jun 12, 2024
If it's been more than 30 days since spouse was served and he/she has not served or filed their response to the Petition, you can proceed with a Request to Enter Default. Once default has been entered you can proceed to the next step (financial disclosures), then to judgment (unless trial is... View More
...that business by himself, is it separate or marital property?
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answered on Jun 10, 2024
Under California law, property acquired before marriage is generally considered separate property. However, there are nuances to consider in this specific scenario.
1. Separate property: The cash inherited before marriage is considered separate property.
2. Transmutation: When... View More
...that business by himself, is it separate or marital property?
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answered on Jun 10, 2024
Sorry there's not a simple, clearcut answer to your question. Money you inherit is generally separate property. If you buy something with that money, that's generally separate proprty too. However, you better be able to trace the source of funds, so if you mix separate money with... View More
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answered on Jun 10, 2024
Under California law, a mediator is a neutral third party who facilitates communication and negotiation between disputing parties to help them reach a voluntary agreement. Key points about mediators in California include:
1. Impartiality: Mediators must remain impartial and not favor one... View More
He has 3 corvettes and 2 pickups and they are most likely hidden under his daddy and brothers names hiding his ownership from SSDI and me. And I'm pretty sure he was behind the fire that melted my car he had dropped the insurance coverage on it 4 days before the fire and I have messages saved... View More
answered on Jun 10, 2024
It is true that an individual usually can destroy his own property. In a divorce proceeding, however, if a spouse has deliberately destroyed property like an automobile that was part of the parties' community property, the divorce court can award the innocent spouse a disproportionate share... View More
Long story short, my brother owns a farm with a house on one side of the street and another house, he built, on the other side. He owned both before he married. He wants and needs a divorce. He is selling the big house and moving into the little house with the farm because she has financially... View More
answered on Jun 10, 2024
I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More
Lawyer was a Municipal Court Judge and was removed for "Wilful Misconduct in Office" and went back to being a lawyer. Due to him hiring his client, sleeping with her, gtg her pregnant, can a divorce judgement from 1999 be thrown out and redone?
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answered on Jun 9, 2024
In general, it is very difficult to overturn a finalized divorce judgment, even in cases involving misconduct by an attorney. However, the specific circumstances you describe are quite serious and unusual, so it's possible they could potentially be grounds for challenging the judgment, but by... View More
Both parties heave signed and notarized the separation agreement and have been separated for 2 years.
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answered on Jun 8, 2024
In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates,... View More
My friend divorced her husband. Judge gave him the house and she took full custody of the children. Judge ordered him to pay her equity over a year ago and he has not paid. She has submitted her documents that show he has not paid her at all.
answered on Jun 14, 2024
Your friend either needs to file the proper pleading and start her own case or have an attorney do it for her. There's nothing for a judge to do until it's time to hear testimony, evidence and make a ruling. Your friend has to file the correct action and prepare for her hearing.
My friend divorced her husband. Judge gave him the house and she took full custody of the children. Judge ordered him to pay her equity over a year ago and he has not paid. She has submitted her documents that show he has not paid her at all.
answered on Jun 8, 2024
If a person does not abide by the Order of the Court, then the remedy is to file a Contempt Action against that person. If the Court finds the person to be in contempt, then the Judge can sanction the person with jail time for their failure to comply with the Court Order.
answered on Jun 7, 2024
Even pending appeal, a District Court's decision remains in effect unless there is some type of restraining order or injunction which would stay the order. The process is difficult to navigate, so I would reach out to a reputable family lawyer or appeal lawyer to assist you in understanding... View More
This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More
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answered on Jun 7, 2024
In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More
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