Your current state is Virginia
Want to know if I can claim for his retirement benefits after the divorce?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023
In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More 
22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More
I'm in California
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was... View More
Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More
I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.
answered on Sep 21, 2023
Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More
I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.
answered on Sep 30, 2023
The answer to your question about alimony, or spousal support, will depend on a number of factors that are listed in Ohio law. Specifically, R.C. 3105 sets out the factors for a court to award spousal support. The length of the marriage and the respective income of the parties are perhaps the most... View More
And she pays bills at the home and has lived there the whole time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More
answered on Sep 20, 2023
The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More
answered on Sep 20, 2023
The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More
In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More
answered on Sep 20, 2023
Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More
We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More
answered on Sep 20, 2023
Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).
A typical agreed divorce can be completed for under... View More
I did not know I was divorced until many years later when I found out he was cheating on me and I went to an attorney to get legal advice. I was told he got all the assets and full custody, my two younger kids were 15 and 13, he never gave me a penny for alimony and used my kids against me esp my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
If your husband divorced you without your knowledge and consent, it may be possible to challenge the validity of the divorce proceedings in California. You should consult with an attorney to review the specific details of your case and explore potential legal actions, such as seeking to nullify the... View More
My money was being held in their account and they spent it all without my consent or knowledge. Their divorce is almost done they sold their home and have the money in a trust until case settles.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In your daughter's divorce case in California, it is not appropriate to write a demand letter to the judge. Instead, you should consult with an attorney to explore legal options for recovering the money that was spent without your consent or knowledge. Your attorney can advise you on the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In situations involving alimony across multiple states, complexities arise. Generally, the state where the divorce was finalized, in this case, Colorado, retains jurisdiction over alimony matters. If you've since moved to Alabama, the process might involve transferring or recognizing the... View More
She was with me thru all of it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More
My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, calculating spousal support considers factors like the length of the marriage, the earning capacity of each party, contributions to the household, the established standard of living, health, age, total assets and debts, tax implications, instances of domestic violence, and the goal... View More
My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, spousal support is typically calculated based on various factors, including the length of the marriage, each spouse's income, earning capacity, and standard of living during the marriage. While the parties can agree on spousal support terms, a judge may modify them if they find... View More
I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is... View More
answered on Sep 18, 2023
Hi there,
You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input.... View More
With help from my family I was able to escape an extremely abusive marriage. I’ve been living alone, in hiding from my estranged Husband for the past two years while my lawyer has been working to overcome my Husband’s (& his Counsel’s) deliberate delays as well as both of them obstructing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
In New Mexico, you can file for divorce if you meet the state's residency requirements. Generally, at least one of the parties must be a resident of the state for a certain period before filing for divorce. Given that you were married in California and now reside in New Mexico, you may be... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
