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Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: If a father signs birth certificate and the child isn’t his can he still be made to pay support.

Thought the child was mine and found out a year later she wasn’t mine but i still Took care of her

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

It is difficult to answer your question as you say you signed a "birth certificate." If it was a birth certificate then more facts are necessary. If however you signed an "acknowledgment of Paternity," then under the law you are the "father" of the child and will... Read more »

1 Answer | Asked in Divorce for New York on
Q: I want to know if I am divorced? Because I have papers they saved me.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

If you were served with a Judgment of Divorce that is signed by a Judge, then you are divorced. If you received any other papers then you are not divorced. Take the papers to an attorney and ask them to explain what it is you received.

1 Answer | Asked in Divorce for Alaska on
Q: I'm in a divorce with no underage children. I have a question about emotional abuse and mediation:

1. I'm told that the court is only interested in dividing assets. Would the emotional abuse that prompted my filing for divorce likely have any bearing on the outcome?

2. My husband has made it clear that he wants to part with as little of our assets and funds as he can. He has no... Read more »

Stefan Otterson
Stefan Otterson answered on Sep 8, 2021

1. The reason for the divorce is generally not relevant to property division.

2&3. In Alaska, mediation is always voluntary. The court will order mediation if the parties both agree it would be useful, but would probably not do so if one party tells the court that emotional abuse...
Read more »

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter is 18 and graduated this coming up June. I just found out she will be not going to school after January 1st

Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 8, 2021

I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... Read more »

1 Answer | Asked in Divorce for California on
Q: Is a home split 50/50 in a divorce or does the split change based on which spouse contributed more to the home?

If a couple gets married and buy a house together but one spouse puts more money down on the house for instance from the sale of a home they owned prior to the marriage, will that spouse be entitled to what they put down plus half of the gain in equity of the house during the marriage?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 8, 2021

If the down payment can be traced to a separate property source, the spouse making that part of the down payment will be entitled to reimbursement of that down payment. That reimbursement credit will be taken off the top of the sale proceeds (or total equity) before the community's share is... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2021

File for custody.

2 Answers | Asked in Divorce for New Jersey on
Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

Michael Andrew Conte
Michael Andrew Conte answered on Sep 7, 2021

It depends on what may be stated in your settlement agreement or judgment of divorce. I recommend that you bring your divorce documents to a qualified family law attorney to review and advise of your options.

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1 Answer | Asked in Divorce for Florida on
Q: My husband made me sign papers for divorce after he filled out what he was getting and what I was getting. He also empt

Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 7, 2021

You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Final Judgement and Decree differs from Child Support Addendum?

So I’ve been divorced for awhile now but I’m confused what to go off of. The child support addendum originally stated that I paid 50% up to $300 per child for homeschool, and I don’t have to repeat payment if my ex decided to hold them back a year. I didn’t know, but my ex marked all this... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

You should consult with an attorney who can read the documents and give you advice on what your obligation is. We can't give advice based on a description of documents. We have to see them.

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2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

The divorce parties have to comply with the residence requirements of the place of divorce in order for that divorce to be recognized by USCIS. In other words, the validity of a divorce abroad depends on the interpretation of the divorce laws of the foreign country that granted the divorce and the... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: My dad was to receive a portion of my mother’s retirement after they divorced. My father passed before she retired. Wha
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

Are you the Personal Rep for his estate? If so ,Was there a QDRO? The terms of the QDRO should be reviewed along with the Divorce/Separation Agreement.

2 Answers | Asked in Divorce for Georgia on
Q: My husband filed a publication divorce even though we are still living in our marital home. He kicked me out.

He changed the locks. Is the legal

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

No, it isn't. You need to speak to an attorney immediately about your options and contesting the case.

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1 Answer | Asked in Divorce for Idaho on
Q: during marriage I borrowed money purchased sole an separate property. No community funds were used hubby

he signed quit deed at closing to me

Kevin M Rogers
Kevin M Rogers answered on Sep 6, 2021

What is your question? WA is a community property state, so is Idaho. The property you purchased is "presumed" to be 1/2 his.

You can "prove" you purchased the property with "separate money," but it will be your burden to prove. The fact that he signed a...
Read more »

3 Answers | Asked in Divorce for Georgia on
Q: Can you provide a link to where I can read the current Georgia divorce law myself and do research? Is it part of OCGA?
Robbie Levin
Robbie Levin answered on Sep 5, 2021

Yes. OCGA Title 9, Chapter 5.

You can start with O.C.G.A 19-5-1, and go from there.

For more information visit my website at www.LevinLawyerGa.com

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1 Answer | Asked in Divorce for Ohio on
Q: My husband and I have been married 5 years he’s a cheater and a liar. If I leave my home can I be charged?

He had a baby on me he is 1 we have a house together both names on it. He is going thru custody battle for his son now. He lives with us I watch him while he works. I don’t have an income currently because I’m home watching his son. He’s now refusing to pay my car payment that he has been... Read more »

Matthew Williams
Matthew Williams answered on Sep 3, 2021

Charged with what? There's nothing illegal about leaving your husband or your home.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: 50% custody - who is paying for child support?

Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 3, 2021

In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.

1 Answer | Asked in Divorce for Louisiana on
Q: Filed Divorce: 5/2018 (pursuant to LA Civil Code Article 102. Default Judgment denied: 4/2019

The motion was denied even though the parties were separated even before filing for the divorce. The court's reason was "a 102 divorce cannot be taken by default".

What should my next step be in order to get this divorce finalized?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 3, 2021

Your next step should be to hire a divorce lawyer so that you don't keep spinning your wheels.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: How do I get full custody of my child?

I am the biological mother and allowed someone who is not the biological father sign my child birth certificate. And I want them off

Dale S. Gribow
Dale S. Gribow answered on Sep 3, 2021

I THINK THIS IS BETTER ASKED OF FAMILY LAW ATTORNEYS, NOT CRIMINAL.

IF HE AGREES TO TAKE HIS NAME OFF, MAKE AN APPT WITH A LOCAL LAWYER WHO HANDLES CASES LIKE THIS TO SEE WHAT HE WOULD CHARGE TO ADD TO THE CALENDAR AND PREPARE THE MOVING PAPERS TO ACHIEVE WHAT YOU WANT.

1 Answer | Asked in Divorce for Colorado on
Q: I want to make a $5,000 gift to the daughter of my best friend as her separate property wedding gift,BEFORE the wedding

The state is Colorado.

1. What specific language should I use on the check to ensure it is her separate property, e.g. 'Jane Doe as her separate property'?

(Has to fit on the check.)

2. Although I'll be sending the check 3 weeks before the wedding, does it... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 2, 2021

You do not need any special language. It does not matter when she cashes the check. The key is that she needs to put it into a separate account in her name only. If she puts it in a joint account with her husband, it will be considered marital property in the event of a divorce.

1 Answer | Asked in Contracts, Divorce and Civil Rights for Georgia on
Q: Does a domestic partner have rights over a separated spouse if their name is on a mortgage title?

My domestic partner is a co-applicant on the mortgage loan

Homer P Jordan IV
Homer P Jordan IV answered on Sep 2, 2021

From what you wrote it sounds like the domestic partner’s name is on the title. Is that correct? If so, then they would have rights to the home. If you want clarification, consult with an attorney who can review the facts and provide you with guidance.

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