Get free answers to your Divorce legal questions from lawyers in your area.
Your current state is Ohio
My husband & I own a home & my husband of 13 yrs. filed for divorce. He's living in the house himself & paying the mortgage but is going to get two roommates(1 at least but likely 2 for a few months at least) because he can't afford to pay all the bills on his own without... View More 
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answered on May 24, 2024
Under California law, Epstein credits refer to reimbursements one spouse can claim for paying community debts (like the mortgage) after separation, while Watts charges refer to the fair rental value one spouse may owe the other for the exclusive use of a community asset (like the home). Since your... View More
He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?
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answered on May 24, 2024
If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More
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answered on May 24, 2024
Under California law, the division of property in a divorce is based on the concept of community property. This means that any assets and debts acquired during the marriage are generally considered to be owned equally by both spouses. However, since you mentioned Oregon, it's important to note... View More
I am in Arizona but my 33 year old son lives in Eureka. He is a teacher. He is in shock over this incident but the couple has very little in the way of assets. What is the least onerous and least expensive way to proceed with a no-fault divorce? And what does a "fault" divorce man.... View More
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answered on May 23, 2024
In California, the simplest and least expensive way to proceed with a divorce is through an uncontested divorce, also known as a "summary dissolution." This process is available to couples who meet certain criteria, including:
1. Being married for less than 5 years
2.... View More
I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More
answered on May 23, 2024
Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More
We have not filed for divorce yet, been Married 27 years
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answered on May 22, 2024
In California, the process of requesting spousal support and division of community property, such as a pension plan, typically begins with filing for divorce. However, since you mentioned that you haven't filed for divorce yet, you can take the following steps:
1. Consult with a family... View More
answered on May 22, 2024
You can dismiss your attorney at any time; however, there is no guarantee that the trial will be continued for that reason. So either have another attorney ready for the trial or be prepared to conduct the trial yourself. Speak with a local family lawyer for more specific advice.
as we both went our separate ways over a decade ago. At no point in this time has she requested or laid claim. Only now that i’ve approached her, 13 years later, about removing her name from the title has she decided I owe her half the value of the vehicle. Do i owe her this even though it was... View More
answered on May 21, 2024
In depends on what your divorce decree states. A divorce decree should contain a specific provision awarding any motor vehicle that was part of the marital estate to one or both spouses. If no such provision is included in your decree, there is a substantial question why not. Typically, upon... View More
My family and I got here from Colombia, because my husband had a special individual visa. Our green card has been approved but it now needs to be reviewed (which can take at least 6 months). I just found out he’s cheating. If I divorce him now, can I still get the green card for me and my children?
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answered on May 21, 2024
I'm sorry to hear about your difficult situation. The impact of divorce on your and your children's green card eligibility will depend on the specific type of visa and green card process you're going through. Here is some general information, but please know that it's best to... View More
answered on Jun 3, 2024
Your rights are the same whether she commits adultery or not. Adultery doesn't change your rights. Adultery may come into play when the Court considers how to distribute the marital property. But one party having fault in a GA divorce doesn't necessarily mean the other is granted... View More
I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More
answered on May 20, 2024
Sounds like you were served by mail and someone other than him, signed the proof of service. Sounds like you were also sent "courtesy copies" by attachment to a Talking Parents communication. I don't understand the problem. Serving you by mail and having someone sign the proof of... View More
I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More
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answered on May 20, 2024
Based on the information provided, it seems there may be some issues with how your spouse served you the FL-300 (Request for Order) and FL-335 (Proof of Service by Mail) documents under California law. Here are a few key points to consider:
1. Proper service: In California, the party filing... View More
I want an attorney to confirm the following language regarding the medical coverage costs for my adult children. My divorce papers in 2014 stated the following: "Husband and Wife agree that the wife shall continue to provide the health insurance coverage for their minor children for as long as... View More
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answered on May 20, 2024
Based on the language you provided from your divorce papers, it appears that the agreement regarding health insurance coverage and medical expenses was specifically for your minor children. In California, child support and the obligation to provide health insurance coverage generally end when a... View More
Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I... View More
answered on May 20, 2024
Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not... View More
Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.
answered on May 20, 2024
Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More
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answered on May 20, 2024
In California, cheating (legally referred to as "adultery") does not directly affect alimony (also known as "spousal support"). California is a "no-fault" divorce state, meaning that the court does not consider marital misconduct, such as infidelity, when deciding... View More
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answered on May 19, 2024
Under California law, continual spousal support, also known as permanent spousal support or alimony, is a form of financial support paid by one former spouse to the other following a divorce. The purpose of continual spousal support is to help the lower-earning spouse maintain a standard of living... View More
We are not married. One kid is my biological kid and one is not. How do I try to get joint custody of them.
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answered on May 19, 2024
In California, unmarried fathers can seek custody and visitation rights for their children, whether biological or not. Here are some steps you can take:
1. Establish paternity: If you haven't already, establish paternity for your biological child through a voluntary declaration of... View More
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answered on May 19, 2024
In most cases, if you withdraw money from your Individual Retirement Account (IRA) before you reach the age of 59½, you will likely face a 10% early withdrawal penalty in addition to the income taxes you will owe on the amount withdrawn.
However, there are some exceptions to this rule. In... View More
answered on May 19, 2024
I’m very sorry to hear that this is the position you are in; especially considering the incredible impact that a divorce has on the outcome of the next phase of your life.
As for your question, I would have to know much more about the “behind-the-scenes” administrative side of the... View More
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