Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.

There is no set number of days or hours that you... View More

Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.

You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But... View More

It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More

Having no assets alone does not negate the possibility of an alimony support obligation.

Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support... View More

The answer depends on several factors. The factors are detailed in the statute. The factors include, but are not limited to, each of the parties' incomes, the parties' lifestyle during the marriage, a party's need, a party's ability to pay, childcare responsibilities, and more.... View More

I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More

Both the U.S. and Costa Rica are signatories of the 1961 Hague Convention which abolished the requirement that U.S. consular officers authenticate Costa Rican civil documents for use in the United States. The Convention became effective in Costa Rica in 2011.

The Government of Costa Rica... View More

All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to... View More

Peter Christopher Lomtevas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from... View More

Locate the keys, take them, get in the car, and drive it. Since the car is community property--and no doubt you are listed as an authorized driver on the commercial automobile liability insurance because you are a delivery driver--she cannot legally exclude you from using the car without a court... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More

We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More

If there is joint legal custody, then both parties have some say. Most orders include language about making sure the child care is reasonable and necessary. Thus, you generally don't have to choose the cheapest child case but you also can't choose a child care that costs what is beyond... View More

Did you have prenuptial agreement?

After you sold the property that you owned prior to the marriage,did you deposit the funds in a joint account or an account you had prior to the marriage ?

You can claim a Special Equity but if the purchase of the real estate property or properties... View More

The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More