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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If you are going to represent yourself against another attorney then you will have to determine the proper pleadings to file and steps to take. Unfortunately, attorneys here cannot give you the steps to represent yourself. Prior to the filing of a motion to compel you must make a good faith... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was married and divorced in Alabama but lived between Al and Fl.I would like my personal belongings that are in Fl

He’s a narcissist and am fearful of being alone.

I have to pack and will need assistance from my son

He can keep the furniture but would like half of the $

Rand Scott Lieber
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answered on Jun 3, 2024

You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Summer vacation child support question

I am a single parent, and divorced 4 years ago ,

All our grandparents are abroad (me and my ex)... this July summer break we split the kids for two weeks

I would like to take my kids to be with with the grandparents and family for two weeks.

My ex is OK with that.... View More

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

If a court order says you pay child support then you pay child support. If the order doesn't suspend child support during periods of visitation then child support remains the same, even during those periods. The child support worksheet you should have had, when this support was calculated,... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
answered on Jun 3, 2024

Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Tax Law on
Q: my ex-wife died before I signed the title to our joint house
James L. Arrasmith
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answered on Jun 2, 2024

If your ex-wife passed away before you signed the title to your joint house, the situation can be complex and may require legal assistance to resolve.

First, you should determine how the title to the house was held. If it was held as joint tenants with right of survivorship, you may...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: He Court’s Inclination for Custody and Its Implications?

We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by... View More

James L. Arrasmith
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answered on May 31, 2024

In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
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answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Sold house during a divorce. Locks have been changed so I can’t access inside. Can I gain entry by any means?

Technically is the house still ours until move out date? And can I get into the house by any means to get my stuff out of house?

Brent T. Geers
Brent T. Geers
answered on May 30, 2024

Are you selling the house through realtors? You should be in contact with your realtor. Ordinarily, yes, you would have access to the house until a date determined in the purchase agreement or at closing. But you cannot use "any means". Further, it will depend on what your court orders... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: does a divorce overseas count in the united states

Marriied in the usa and at a catholic church overseas. marriage recorded in the foreign country.

if i divorce in the foreign country will i be also divorced in the united states

Rand Scott Lieber
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answered on May 30, 2024

As long as the overseas divorce is legal where it takes place then the US will also recognize the divorce. Make sure that you notify the other party of the proceedings. If your intention is to divorce without your spouse being aware of the proceedings then that can create a problem. Speak with a... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Can a POA evict the partner of 7 yrs someone who has been arrested
James L. Arrasmith
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answered on May 29, 2024

Under California law, a Power of Attorney (POA) allows an individual to act on behalf of another person (the principal) in legal and financial matters. The specific powers granted to the agent depend on the terms outlined in the POA document. Generally, if the POA includes the authority to manage... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I ask the court to grant default if the defendant didn’t respond?

20 days are up. Can I ask the court to grant default? What’s the name of the paper if I can ask?

John Michael Frick
John Michael Frick
answered on May 29, 2024

There is a mandatory 60-day waiting period between the time a divorce petition is filed and when the court can grant a divorce. When the 60-day waiting period elapses, if your spouse was properly served and has not filed an answer, you can file a motion for default judgment, set it for hearing,... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

Christopher N. Little
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Christopher N. Little
answered on May 30, 2024

Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are starting a divorce, I took her off of my credit cards as an authorized user before she filed.

Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 28, 2024

Get ahead of it. File your Response to the petition and file a Request for Order to get support orders in place and court orders that limit her use of credit cards or enable you to either close out joint cards or keep one open for her use (just by way of example). Allowing unfettered access to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are starting a divorce, I took her off of my credit cards as an authorized user before she filed.

Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More

James L. Arrasmith
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answered on May 28, 2024

In California, once a divorce petition has been filed, there are automatic temporary restraining orders (ATROs) that go into effect immediately for both parties. These orders are designed to maintain the financial status quo during the divorce proceedings. However, the ATROs do not specifically... View More

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Can you be legally married in 2 places?

My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?

John Michael Frick
John Michael Frick
answered on May 28, 2024

Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I moved here to care for elderly mother but am married,husband in Arkansas. I would like to file for divorce.

The house will have to be sold. I really can’t afford an attorney,what is my best option

John Michael Frick
John Michael Frick
answered on May 28, 2024

A divorce which will require the sale of a residence and spouses located in different states is not a DIY project. While some attorneys are willing to work on monthly payment terms, you best bet is to secure a credit card or loan for $10,000 or so and use it to hire an attorney to assist you.... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: With two vehicles purchased during the marriage, 1 in wife's name, 1 in husbands. Won't dispute vehicles, how to handle?

We've agreed to keep vehicles in registered names w/o disputes. How do we add that in application to court?

John Michael Frick
John Michael Frick
answered on May 28, 2024

There is no need to add that in the petition for divorce. You should, however, put appropriate language awarding each vehicle to the respective spouse in your divorce decree with the remainder of your property division.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How can I obtain a divorce when I don’t know where my husband is and we have been apart for over 30 years?

I have his last known address from 12 years ago.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can...
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