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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.

Cindy Perusse
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Cindy Perusse
answered on May 2, 2024

Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'M NEEDING TO FILE FOR A DIVORCE BUT MY SPOUSE LIVES IN ANOTHER STATE. WE BOTH AGREE ON THE DIVORCE.

WE DO NOT HAVE KIDS TOGETHER. JUST NEED TO FILE

Brett Christiansen
Brett Christiansen
answered on Apr 30, 2024

In Texas, residency requirements for divorce cases are governed by Texas Family Code Section 6.301. According to this statute, either party involved in the divorce proceedings can establish residency in Texas, allowing the divorce case to be legally filed in a Texas Court.

Specifically,...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife lawyer sent me a email with a divorce date the next day and i didnt see it until a couple of days later. She

told the judge that i signed the divorce decree which i didn't and my ex wife got all three houses and all of her military retirement. We continue to live together for another year and one day she just put me out on the streets. I want to file a motion for a new trial or a motion for a modify... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

The deadline to file a motion for new trial is 30 days from the date the divorce decree was signed. If you did not receive notice that the decree was signed, that deadline can be extended up to 120 days from the date the decree was signed, depending on when you first learned that a decree was... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Florida on
Q: MY WIFE AND I LIVE IN AN RV THAT BOTH OF OUR NAMES ARE ON. WE BOTH JUST RECIEVED A LOAN ON THE RV TO HAVE ALL OF OUR

CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More

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1 Answer | Asked in Divorce, Immigration Law and Family Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More

James L. Arrasmith
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answered on Apr 30, 2024

In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Hiding assets overseas in divorce matter.

My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More

Richard Diamond
Richard Diamond
answered on Apr 29, 2024

It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Do I file divorce under maiden or married name if I changed it on the marriage cert but never changed DL or SS?

When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate

James L. Arrasmith
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answered on Apr 29, 2024

In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for California on
Q: What happens if I am sued but I give up my green card and leave the US?

I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More

James L. Arrasmith
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answered on Apr 28, 2024

I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:

1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still...
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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

James L. Arrasmith
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answered on Apr 25, 2024

To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Social Security for California on
Q: I filed soc security as single, now I find I'm still married. Husband gets disability, also filed single. I want divorce

I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.

The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.

James L. Arrasmith
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answered on Apr 25, 2024

I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.

First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a husband accuse his wife of kidnapping their daughter if she wants to leave their house with her as a separation?

The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

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