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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is it possible to keep co-owning a house while applying for marriage dissolution in Ohio? Thanks!

Me and my husband are filling for marriage dissolution, and we agreed on everything and want to keep the house in both names, as it is, and use the property as a rental home. While filling for it, there's no option to "co-own" the property, but I read in some articles online that... View More

Samuel Patry
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Samuel Patry
answered on Jul 3, 2024

Generally speaking, the purpose of terminating your marriage is to disentangle you and your spouse from one another, including mutual obligations related to the ownership of a home. Additionally, continuing to co-own a home after the termination of your marriage (even if through a dissolution) can... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Georgia on
Q: What can I do if the judge in my divorce denied all my pro se motions stating only they were meritless/mute?

I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: I'm a guy. I called on my wife a couple of times. How do I get a copy of the report.

We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What is rule 65 in divorce?
James L. Arrasmith
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answered on Jul 3, 2024

Rule 65 typically refers to a federal rule of civil procedure related to injunctions and restraining orders. However, in the context of divorce in California, there isn't a specific "Rule 65" that's commonly referenced.

In California divorce proceedings, there are some...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Extension of divorce proceeding from infliction of severe emotional distress/gross adultery to get prof. validation/supp

Family member, people from church and sexual contact with acquaintances, employer, ad infinitum

James L. Arrasmith
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answered on Jul 2, 2024

I understand you're asking about extending divorce proceedings related to emotional distress and adultery in California. This is a sensitive situation, so I'll provide some general information:

In California, divorce proceedings can potentially be extended if there are...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for North Carolina on
Q: How do I keep the house if my ex files for bankruptcy?

I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.

He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:

1....
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex wife and I got a storage unit together before our divorce, but it was only put in her name. Can I get my stuff?

My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: My husband filed for divorce with the wrong date of marriage. I filed a response with the correct date of marriage.

Does he need to file an Amended Petition or can we wait for the judgment paperwork. We are in agreement in everything except the wrong date of marriage that he wrote on the Petition. What does he need to do?

James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here's what you should consider:

1. Correcting the error: While it's important to have accurate information in your divorce documents, minor errors like an incorrect marriage date can often be corrected without filing an Amended...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am separated from my husband(not divorced) am I obligated to let his parents and siblings see my kids?

He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's a general response to your situation:

1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court...
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1 Answer | Asked in Family Law and Divorce for California on
Q: I signed quitclaim deed and postnuptial agreement that severely benefits only one spouse.

What are my options and how will my divorce turn out in a 50/50 state?

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the key points to consider:

1. Quitclaim deeds and postnuptial agreements:

These documents can significantly impact property division in a divorce. However, their validity and enforceability can be challenged under certain circumstances.

2....
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1 Answer | Asked in Divorce and Family Law on
Q: if a couple get divorced who does the kid go the mom or the dad
James L. Arrasmith
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answered on Jun 28, 2024

In divorce cases involving children, custody decisions are typically made based on what is deemed to be in the best interests of the child. There's no automatic rule that children always go to the mother or father. Some key factors courts consider include:

1. The child's...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am about to file Sanction against opposing attorney in Divorce case?

Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Upon my ex & I divorcing in TX I was awarded half of his retirement. He stopped paying. How do I enforce as I live in OK

My ex is retired military. DFAS will not enforce because of the 10/10 rule. We we married for 6 years opposed to 10 years. When our son graduated high school 2022 he stopped payments and evades attempts to contact. I also do not think he was paying half before. I have no way to verify this.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You need to hire a Texas attorney in or near the county where your divorce decree was entered to enforce the property division set forth in the Decree. If your spouse was ordered to pay monthly, was paying monthly, then stopped, you have two years from the date of the first missed payment to file... View More

1 Answer | Asked in Divorce, Family Law and Social Security for California on
Q: SSA didn’t accept final judgement of 8-17-2006 dissolution of marriage because judge signed divorce date of 5-2-1982.

Marriage was 8 years but because I found letter from lawyer saying I was not divorce till final judgement was filed. I thought that I could file for survivor benefits. Ex husband is now deceased. SSA denied the claim because SSA is going by the judge date of 5-2-82 court date of dissolution. Is... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation that involves the intersection of family law and Social Security Administration (SSA) rules. Let's break it down:

1. Final Judgment Date: The final judgment of dissolution was issued on 8-17-2006.

2. Judge's Signed Date: The judge signed the...
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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Divorce on disability

My husband verbally abused me and manipulated me

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Tennessee allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement.

In the absence of your spouse's agreement, you may have to prove fault. Whether the verbal abuse and manipulation...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are getting a divorce. We are currently living together and she plans to give me nothing to move out.

The house is only her name and was purchased during our marriage three years ago, but she says that I signed a paper upon moving in saying that I would not take half of the house if divorce were to happen. We both have bad credit and no savings. I don’t know what my options are because I am... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the situation you've described, here are some key points to consider and potential options:

1. Property division in California:

California is a community property state, meaning assets acquired during marriage are generally considered joint property, regardless of...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Mary Elizabeth Quinn
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answered on Jun 25, 2024

There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

During the process of a divorce, one party may be eligible to receive alimony from the other party if there is a significant disparity in their incomes. This support is designed to alleviate the financial burden on the lower-earning spouse during and after the divorce proceedings. While Florida... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I married my spouse in India.We are living in USA for the last 13 years. Both are US citizens. Where can I file divorce?

I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information you've provided, here's some guidance on your situation:

1. Filing for divorce:

As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Is it possible to file for uncontested divorce in CA if the spouse no longer resides in the same country?

Married for 10yrs. Spouse moved back to his home country 2yrs back and is okay with uncontested divorce. No property owned, no kids, no debts. The only income was our salaries and neither of the spouses want to ask for any alimony or share in each others earnings. What would the divorce proceedings... View More

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, here's an overview of the situation and process for an uncontested divorce in California under these circumstances:

1. Residency requirement:

- At least one spouse must have been a resident of California for at least 6 months, and of the...
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