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Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: My ex husband has been incarcerated for almost 4 years. We got divorced almost a year ago. If his family hasn’t gotten

His stuff can I throw it away?

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 26, 2022

This depends on what your divorce decree says. Your divorce decree probably gives him a deadline by which to get his belongings. If I were you, I would reach out to his family again with a drop dead deadline and tell him that you will get rid of the belongings by a certain date if they do not come... Read more »

1 Answer | Asked in Divorce and Estate Planning for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Michael Ferrin
Michael Ferrin
answered on Nov 26, 2022

I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: My sister is getting a divorce, can her soon to be ex, make her pay a fee whenever he has to clean up after her?

My sister is a full-time mom, she homeschools their son, does house cleaning for others, and is expected by her husband to have the house cleaned and food on the table by the time he gets him. Right now through, my sister is trying to divorce him because he is emotionally and psychologically... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

The husband is guilty of manipulation and severe, emotional abuse of your sister and (probably) their son. Idaho, like most other states can give your sister a divorce for FAULT reasons, not just "irreconcilable differences" which is "no fault." IN a divorce, if your sister,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: The husband never talk just suddenly sent me a email from a attorney about divorce case, I don't know what is that?

I'm in the process of divocing the husband. But I need time to figure out something. I broke my bone and cannot work at the present. I live and rest at another place because it is too depressed if I don't move out. but husband looks like he is in hurry to finish the divorce as fast as he... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 25, 2022

Retain a lawyer, Yiu may be able to get temporary spousal support until you can return to work, The service not be good but I cant tell you for sure without looking at the file..

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can spousal support not alimony be taking away if I move in with my boyfriend? This is in Pennsylvania
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.

We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The...
Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband wants a divorce and is trying to sell before the divorce a vehicle he gifted me prior to marriage.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I paid a divorce attorney a retainer for services. He went out of business. How can I get a new attorney with no money?

I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.

This hourly scheme works wonders for an attorney who wants to abandon...
Read more »

1 Answer | Asked in Divorce for Florida on
Q: Do 18 yrs old children have to get mothers permission to leave country with father?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

If you are 18 with your own ID and passport then you can legally travel unless there is a specific court order that says otherwise.

1 Answer | Asked in Divorce for Florida on
Q: Does mother have to be informed of where the father is taking his 18yr old children for vacation
Mr Eric Klein
Mr Eric Klein
answered on Nov 23, 2022

Once you are 18, you are emancipated. With this in mind, no you do not legally need either parent's permission to travel with the other. Good luck!

1 Answer | Asked in Divorce for New York on
Q: how will assets be distributed if we have a separation agreement from 2015 and now going through a divorce?

I filed for divorce in march of 2020. We were separated for 5 years already.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 23, 2022

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

1 Answer | Asked in Divorce for New York on
Q: How long will my divorce take in Bronx County (New York)?

So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.

1 Answer | Asked in Family Law and Divorce for New York on
Q: I'm going to court November 29th for a divorce that I asked my husband for over 26 years no children should I persu

We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... Read more »

1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I have a question about settling finances before a divorce

Basically just want a legal person to review this statement and make sure it doesnt sound sketchy.

Hey just finished meeting with the lawyer.

First I’ll file a complaint for divorce that just starts our actual separation. As of right now property we’ve separately acrewed is... Read more »

Richard Diamond
Richard Diamond
answered on Nov 21, 2022

My advice (which should not come as a surprise) is that it's worth your while to schedule a consultation with a lawyer who specializes in divorce law (not a general practitioner who also handles divorce matters) to review your asset setting, respective employment settings, etc to give you... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Legally divorced if in the divorce decree the name of ex-husband is incorrect?

Ex’s name in divorce decree is (using initials only) JAF instead of JIF.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 21, 2022

Have your lawyer correct this. It may cause you issues in the future, The good news is you are divorced.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: What asset protection is available for a single individual planning to buy real estate with a married individual ?

To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.

Julie King
Julie King
answered on Nov 19, 2022

Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife does not want to divorce but will sign a separation agreement or postnup for lump sum. What is best way forward

She is too traumatized to divorce right now, but needs a lump sum representing half the community property and 7 years of spousal support. What is the best document for her to sign so that if she agrees to divorce later, the court will deduct this pre-payment from what she is owed in a divorce... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 19, 2022

A post nupt agreement is what you need,

1 Answer | Asked in Divorce for Texas on
Q: My soon to be ex husband filed for divorce and everything he put in for the reason was a lie and I never got a chance to

Fight back and deny the petition he defamed my character by saying I abandoned my son at a strangers porch which is not true and he used that excuse to get early discharge out of the army! I have proof I wS with my son taking him to school every day during the dates he's accusing me of doing... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 18, 2022

Retain a lawyer and have your day in court, He has to prove the allegations . His word alone is not enough

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 17, 2022

File a petition to modify time sharing.

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