Get free answers to your Divorce legal questions from lawyers in your area.
Your current state is Ohio
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answered on May 19, 2024
In California, which is a community property state, most assets acquired during marriage are generally considered community property and are owned equally by both spouses. However, the treatment of IRA accounts can be complex and depends on several factors:
1. Timing of contributions: IRA... View More 
My ex husband makes more than double my salary and has a pension plan.
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answered on May 18, 2024
In California, spousal support (also known as alimony) is determined on a case-by-case basis. Several factors are considered when calculating spousal support, including:
1. The length of the marriage
2. Each spouse's earning capacity and income
3. The age and health of... View More
I used $100K of my personal inheritance as a down payment on a house purchased jointly. We are considering divorce and selling of house. Do I get my money prior to splitting profits?
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answered on May 18, 2024
In California, the characterization of property as separate or community is an important factor in determining how assets, including the family home, are divided during a divorce. Generally, any property acquired before the marriage or by gift or inheritance during the marriage is considered... View More
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answered on May 18, 2024
In California, retirement benefits such as pensions are generally considered community property if they were earned during the marriage. This means that they are subject to division in a divorce. However, the specifics of when and how you can receive your share of your ex-spouse's pension... View More
In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More
answered on May 18, 2024
Given there is contradicting language in the agreement, in the event litigation arises from these issues, the court may allow you to present evidence to support each of your intent when the agreement was executed. This can be emails, text messages, testimony, etc. Just as Mr. Lieber stated in his... View More
In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More
answered on May 18, 2024
What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.
Our divorce was finalized on 2-28-2022. Soon after the divorce, I let her know that I needed to pick up some personal items that were still at her house. I have been trying to get in touch with her, but she will only communicate through her daughter (my former step-daughter). Among my belongings... View More
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answered on May 16, 2024
Under California law, you cannot legally search your ex-wife's house or safe without her permission, even if you believe she has your personal belongings. Entering her property without consent could be considered trespassing, and opening her safe would likely be viewed as an invasion of... View More
My wife has asked me to leave our homestead due to marital issues. She stated it would be a break from each other while going to marital counseling. We have two children under 13 years old and she is letting me still pick them up from school and take them to our homestead (rented) and stay with... View More
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answered on May 16, 2024
In this situation, it is strongly advised that you do not sign the separation agreement without first consulting with a qualified family law attorney who can review the document and advise you on the potential legal implications.
Here are a few reasons why:
1. Legal rights: Signing... View More
I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.
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answered on May 16, 2024
I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More
I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.
answered on May 28, 2024
Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.
The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that.... View More
I have contacted the court clerk who referred me to the Texas Rules of Evidence, but those rules are not case specific.
answered on May 16, 2024
If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.
Internet addiction to the research of the strawman stuff;
answered on May 16, 2024
There are very specific grounds for an annulment (DRL 140). (a) Former husband or wife living (spouse is still married to another). (b) Party under age of consent. (c) Party a mentally retarded person or mentally ill person. (d) Physical incapacity. (e) Consent by force, duress... View More
My husband was divorced 17 years ago and in the divorce decree they were to equally split the marital portion of his 401k through a QDRO. He has contacted his plan administrator and received their QDRO form and it looks self explanatory. My question is does he calculate the percentage to file... View More
answered on May 16, 2024
That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.
How do I get my request for visitation and custody of two of the dogs added to divorce settlement?
answered on May 16, 2024
You would address this in your response to the petition. In the interim (while the case is pending), you can file a Request for Order to get temporary custody/visitation orders for the pets. While generally speaking, pets are considered property in a divorce, a relatively new pet custody law in... View More
How do I get my request for visitation and custody of two of the dogs added to divorce settlement?
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answered on May 16, 2024
In California, pets are considered personal property in a divorce, but the court may consider the care and well-being of the animals when deciding who gets ownership. To request visitation or custody of your pets, you should follow these steps:
1. Respond to the divorce petition: In your... View More
answered on May 15, 2024
A mentally competent person can fire an attorney, including a court appointed attorney, any time without having to provide any explanation.
A court is not required to appoint a new court-appointed attorney or to grant a continuance of any setting. The defendant can represent him- or... View More
I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.
answered on May 15, 2024
You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More
I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.
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answered on Jun 3, 2024
You can pursue legal action against your former spouse for accepting a QDRO overpayment from a pension plan. The first step is to review the original QDRO (Qualified Domestic Relations Order) to understand the terms and any discrepancies that led to the overpayment. Documentation of the overpayment... View More
answered on May 14, 2024
Good Afternoon,
You ask an excellent question and one that many a family law attorney has likely spent time arguing in Court. The best answer to your question is that this is likely a helpful fact circumstance for you. One way to think of the doctrine of transmutation or commingling is the... View More
answered on May 14, 2024
Good Afternoon,
From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order... View More
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