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1 Answer | Asked in Family Law and Divorce for Florida on
Q: Jurisdiction:- Florida (west palm beach)Family law matterNeed information (as explained below) re dismissal

Brief overview:

* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county

* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.

* She filed a counter petition... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 6, 2024

This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Divorce decree was written by spouse attorney how do I add comments for judge in Texas. Judge hasn't signed yet
John Michael Frick
John Michael Frick
answered on Jun 6, 2024

If there was a trial, you need to prepare and submit written objections to any part of the decree that you think should not be included within ten days of when you receive the draft decree from opposing counsel. The court will then hold a hearing on your objections. You should be prepared to... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I inherited a house from my stepdad, I’m on the deed along with my mom. Can my soon to be ex husband claim a part of it?
James L. Arrasmith
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answered on Jun 6, 2024

In California, the characterization of property as separate or community property is important in determining whether your soon-to-be ex-husband can claim a part of the inherited house. Generally, any property acquired by inheritance during the marriage is considered separate property, which means... View More

3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

Theressa Hollis
Theressa Hollis
answered on Jun 7, 2024

You will need an attorney to review your final Divorce Decree. My guess is that it doesn't actually say this because there are only a limited number of ways to control the house. It could have gone into a Trust for your daughter with the ability for your ex-spouse to live there for his... View More

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3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

Anthony M. Avery
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answered on Jun 5, 2024

That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: in CA, my home is deeded as “my sole and separate property as a married woman”. Do I need to disclose this on my filing?
James L. Arrasmith
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answered on Jun 5, 2024

In California, if you acquired the home before marriage, received it as a gift, or inherited it, and the title is solely in your name, it is considered your separate property. Separate property is not typically divided in a divorce.

However, even if the property is your sole and separate...
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2 Answers | Asked in Divorce and Family Law for California on
Q: I’ve been married 27 years how many years of Alimony can I receive?

I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 4, 2024

Every case is different. Generally speaking, a marriage of 27 years is considered "long term" and therefore, potentially, alimony, if ordered, will not have an end date. For more information regarding what goes into the court's decisions regarding alimony (whether to award, in what... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I’ve been married 27 years how many years of Alimony can I receive?

I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.

James L. Arrasmith
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answered on Jun 4, 2024

In California, for marriages lasting 10 years or longer, which the state considers a "long-term marriage," the court has the discretion to order alimony (spousal support) for as long as the court deems necessary. This could potentially be a lifetime award, depending on the circumstances.... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I'm Pro Se. Why did my wife's divorce attorney include a one-page boilerplate list objecting to every interrogatory? Tx

They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.

Richard Diamond
Richard Diamond
answered on Jun 4, 2024

They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.

Separately, if there are deficiencies, you need to a deficiency...
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1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?

My husband is wanting a divorce because I suspect that he is being unfaithful. He wants to push my son and I out of the house. He's also wanting custody of my son I believe because he's wanting my son to spend the summer with him. He said if I loved him I would do this for him and sign a... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jun 4, 2024

I am going to tell you something you clearly already knew when you took the time to come on here and ask the question. Your husband is clearly self dealing and you need legal representation. With a child involved, what happens next is going to affect both your future and theirs. Uncontested is... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Has a pro se registered individual in a divorce case. What is the process to file for a hearing for the court?

JAWS appears to be only for attorneys. I have filed two motions that I want to bring in front of the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2024

Look up the division procedures for your judge online. There should be instructions on how to request and schedule a hearing. There should also be a phone number and/or email for the judicial assistant. That is the person with whom you need to communicate. Speak with a local family attorney for... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need help I was divorced 2021 and I'm finding out that I'm still married my ex is the one who filed.

My ex-filed false protective order on me and got a favor done because she had connections with high up people that are political, I was forced to sign paperwork whenever the restraining order was broken because we reconciled and I was finding that she was married with a child before, and then my... View More

John Michael Frick
John Michael Frick
answered on Jun 3, 2024

You should hire an attorney experienced in divorce law in or near the county where your divorce proceeding is pending. Given the facts stated in your inquiry, you should seek out one with several years experience or one who is board certified in family law. You will almost certainly need to pay a... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If you are going to represent yourself against another attorney then you will have to determine the proper pleadings to file and steps to take. Unfortunately, attorneys here cannot give you the steps to represent yourself. Prior to the filing of a motion to compel you must make a good faith... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Regina Irene Edwards
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answered on Jun 3, 2024

The other side only has to submit documents if you have asked for them the correct way. If you have properly filed and served request for production of documents, interrogatories and request for admissions, you have to follow up to make an effort to resolve the dispute. If you have done that,... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was married and divorced in Alabama but lived between Al and Fl.I would like my personal belongings that are in Fl

He’s a narcissist and am fearful of being alone.

I have to pack and will need assistance from my son

He can keep the furniture but would like half of the $

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2024

You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Summer vacation child support question

I am a single parent, and divorced 4 years ago ,

All our grandparents are abroad (me and my ex)... this July summer break we split the kids for two weeks

I would like to take my kids to be with with the grandparents and family for two weeks.

My ex is OK with that.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

If a court order says you pay child support then you pay child support. If the order doesn't suspend child support during periods of visitation then child support remains the same, even during those periods. The child support worksheet you should have had, when this support was calculated,... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
answered on Jun 3, 2024

Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Tax Law on
Q: my ex-wife died before I signed the title to our joint house
James L. Arrasmith
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answered on Jun 2, 2024

If your ex-wife passed away before you signed the title to your joint house, the situation can be complex and may require legal assistance to resolve.

First, you should determine how the title to the house was held. If it was held as joint tenants with right of survivorship, you may...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: He Court’s Inclination for Custody and Its Implications?

We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by... View More

James L. Arrasmith
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answered on May 31, 2024

In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the... View More

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