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Your current state is Ohio
Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More 
answered on May 31, 2024
You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.
Technically is the house still ours until move out date? And can I get into the house by any means to get my stuff out of house?
answered on May 30, 2024
Are you selling the house through realtors? You should be in contact with your realtor. Ordinarily, yes, you would have access to the house until a date determined in the purchase agreement or at closing. But you cannot use "any means". Further, it will depend on what your court orders... View More
Marriied in the usa and at a catholic church overseas. marriage recorded in the foreign country.
if i divorce in the foreign country will i be also divorced in the united states
answered on May 30, 2024
As long as the overseas divorce is legal where it takes place then the US will also recognize the divorce. Make sure that you notify the other party of the proceedings. If your intention is to divorce without your spouse being aware of the proceedings then that can create a problem. Speak with a... View More
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answered on May 29, 2024
Under California law, a Power of Attorney (POA) allows an individual to act on behalf of another person (the principal) in legal and financial matters. The specific powers granted to the agent depend on the terms outlined in the POA document. Generally, if the POA includes the authority to manage... View More
20 days are up. Can I ask the court to grant default? What’s the name of the paper if I can ask?
answered on May 29, 2024
There is a mandatory 60-day waiting period between the time a divorce petition is filed and when the court can grant a divorce. When the 60-day waiting period elapses, if your spouse was properly served and has not filed an answer, you can file a motion for default judgment, set it for hearing,... View More
How long does person A have to live in new county before filing? Lifelong Colorado resident
answered on May 30, 2024
Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.
The transfer and venue rules are a bit labyrinthine and I would need to... View More
Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More
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answered on May 28, 2024
In California, once a divorce petition has been filed, there are automatic temporary restraining orders (ATROs) that go into effect immediately for both parties. These orders are designed to maintain the financial status quo during the divorce proceedings. However, the ATROs do not specifically... View More
Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More
answered on May 28, 2024
Get ahead of it. File your Response to the petition and file a Request for Order to get support orders in place and court orders that limit her use of credit cards or enable you to either close out joint cards or keep one open for her use (just by way of example). Allowing unfettered access to... View More
My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?
answered on May 28, 2024
Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More
The house will have to be sold. I really can’t afford an attorney,what is my best option
answered on May 28, 2024
A divorce which will require the sale of a residence and spouses located in different states is not a DIY project. While some attorneys are willing to work on monthly payment terms, you best bet is to secure a credit card or loan for $10,000 or so and use it to hire an attorney to assist you.... View More
We've agreed to keep vehicles in registered names w/o disputes. How do we add that in application to court?
answered on May 28, 2024
There is no need to add that in the petition for divorce. You should, however, put appropriate language awarding each vehicle to the respective spouse in your divorce decree with the remainder of your property division.
I have his last known address from 12 years ago.
answered on May 28, 2024
If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More
My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here
answered on May 27, 2024
I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.
The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can... View More
The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More
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answered on Jun 1, 2024
You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More
The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More
answered on May 27, 2024
You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More
We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More
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answered on May 26, 2024
In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:
1. Written motion: It is generally advisable to file a written motion for sanctions... View More
I want to be able to proceed with my divorce, but if im unable to locate my husband how do I do that?? He keeps traveling around from state to state, so I'm unsure how to locate him to be able to serve him papers.
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answered on May 25, 2024
Under California law, if you are unable to locate your husband to serve him with divorce papers, you can request the court's permission to serve him by alternative means. This is known as a "motion for alternative service." Here are the steps you can take:
1. File for... View More
I've been married 22 years I have been disabled 4 years prior to being sent away with our son and a house that we shared that he didn't want and I have been paying for all the things that have been going wrong with the house and I only make $966 a month so I'm just wondering if I am... View More
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answered on May 25, 2024
I understand you are going through a difficult time and have concerns about alimony and your financial situation after a long-term marriage. While I can provide some general information, please note that laws vary by state and individual circumstances are unique, so it's always best to consult... View More
answered on May 25, 2024
If this is for purposes of locating him so you can serve him with a Petition for Dissolution, find out his last known legal address, documents all efforts you have made to find him, and then file a motion with the court to get permission to have him served by publication. Otherwise, hire a PI.
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answered on May 25, 2024
If you are unable to locate your husband and are concerned about his well-being, there are a few steps you can take:
1. File a missing person report: Contact your local police department in California and file a missing person report. Provide them with as much information as possible,... View More
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