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Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I filed for a legal separation now my wife wants a dissolution of marriage, can she force a dissolution of marriage?
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

Yes. If she objects to a decree of legal separation, the judge will issue a decree of dissolution of marriage.

1 Answer | Asked in Divorce for Alabama on
Q: Do I have to still file

My husband had came out he is a woman Is taken med and going to have surgery .and has gone to courts to legally have name changed do we have to for a divorce since that man no longer exist

Kate Furek
Kate Furek answered on Feb 21, 2020

If you are seeking a divorce, then you will not be divorced until either an uncontested or contested divorce has been started and a Judge enters a Final Judgment of Divorce. To avoid any issues, the best way to do this is to contact an attorney who practices Family Law where you live.

1 Answer | Asked in Divorce and Tax Law for Arkansas on
Q: Can my soon to be ex-wife get a hold put on my taxes if I filed first and did everything the right way

I repeatedly asked her to file taxes with me she refused I want to head and filed them on my own as head of household so will start with a text and order Belcourt so that’s a legal separation document and I lived in the house 11 months out of 12 so I filed all three daughters bars and now I’ve... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 21, 2020

When two people file and take the same dependents the IRS will place a hold on both accounts while they investigate and determine who had the right to take the dependents. If this is what happened then you should hear from the IRS. If she is the one telling you that there is a hold on your... Read more »

1 Answer | Asked in Divorce for California on
Q: I've been married 11 years and moved into my husbands house at that time. Am I entitled to any appreciation of the home?

Only his name is on the title to the property.

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 21, 2020

Whose name is on title is not the issue. If the house was purchased by your husband before you two got married, that house is his separate property. If during the marriage mortgage payments were made, the assumption would be that those mortgage payments came from community property income. The... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: I am seeking a divorce from husband after 18 yrs. We cannot agree on the amount of child support/alimony.

I would like to keep my divorce as low cost as possible, however, I want to make sure that I am getting everything due to me including alimony if possible. Can I get assistance from a legal aide lawyer for such a case?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 21, 2020

Any service providing legal aid is free to pick and choose to whom they will offer services and to the extent such services would be available. In my experience, only rarely would such services be offered. Many times I ask my clients what was ever cheap about their partner, usually the answer is... Read more »

1 Answer | Asked in Divorce for New York on
Q: Stipulated parenting plan vs custody and support orders

Do I still need to fill out and attach a stipulated parenting plan when I have both an order of custody (joint physical and legal with "liberal parenting time as agreed upon by parties") and an order of child support that we both want to leave in place? Thanks in advance.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 21, 2020

No just include the Court name and the docket number. You should also send a copy of the actual orders with the other papers.

1 Answer | Asked in Divorce for Georgia on
Q: My husband is deceased we divorced after nine and a half years live together for 15 am I eligible for survivor spouse
Homer P Jordan IV
Homer P Jordan IV answered on Feb 20, 2020

I’m sorry about your husband’s passing. We would need more details in order to provide you with answers. It’s not clear if you were married or divorced at the time of his death. It sounds as though you had previously divorced. You may want to consult with an attorney who can review the facts... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to list my minor child in my divorce if his father and I haven’t had any custody of him in 13 years
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 20, 2020

Yes. But you need to provide information regarding the disposition of custody of the child. Be careful if you are attempting to file without the assistance of an attorney. If you get it wrong, your suit may be dismissed with the possibility of have to refile. You don't want to buy a divorce... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Can someone who is married and has the deed to a home in their name only sell the home?

My mother is married and is trying to get a divorce, but is having issues with Domestic violence, she is the only one on the deed and is wanting to sell the home so her husband will leave her alone can she sell the home ,her mother bought the house for her. She then made monthly payments until... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

She cannot convey the property without her husband signing the deed. So she must file for divorce. In the divorce, she can claim that her mother bought the home for her, and the home is her separate property. The court will then decide what happens with the house, and can order the husband to... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: If child support amount is set in divorce decree can it be changed over the years???

Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???

Kristen Thurmond
Kristen Thurmond answered on Feb 20, 2020

Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.

Relocation is a separate issue, though someone relocating can effect the...
Read more »

1 Answer | Asked in Divorce for New York on
Q: On a NY uncontested divorce form, how to use an already in place custody order?

To better explain, I've filled put the UD-2 form to use my current support agreement but when I did it (online paperwork company), it didnt add the current custody and visitation order. It is currently worded as:

"WHEREFORE, Plaintiff demands judgment against the Defendant as follows:... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 20, 2020

You need to include the docket number, the name of the court that issued the order and the date and say that those orders are continued.

1 Answer | Asked in Divorce for Missouri on
Q: Can a motion to compel a judge to sign a divorce decree be filed? See below additional info.

I would like to know if the plaintiff/petitioner in an uncontested divorce with no children and no property division between both parties can file a motion to compel the court to render a judgment and sign a divorce decree when that judge has far surpassed the thirty(30) days from the time of... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 20, 2020

Based on your city being Grandview, MO, I am going to assume you are in Jackson County, MO. They have a specific docket for uncontested cases and you need to send in a proposed judgment. If you have an attorney, they will have done this. If you do not have an attorney, you need to do it. There are... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I have caught my husband cheating and he has an alcohol abuse problem. I can't afford divorce and am scared. Help

He is manic depressive bipolar with violent tendencies. We have a 2 almost 3 year old and 4 animals. We rent our house and he is the main provider.

Kristine Jones
Kristine Jones answered on Feb 20, 2020

Hello, you asked your question in the Alabama forum, but it appears you are in Miami, FL. Regardless, where ever you are located, seek out a legal services office, or other pro bono/income based program in your area. Thanks for the question and good luck!

1 Answer | Asked in Child Support and Divorce for Ohio on
Q: In ohio doing my own dissolution paperwork, do I need to fill out the forms for child support if we are not doing it?

The packet I got online says the child support forms need to be filled out but we are not asking for child support from each other.

Anthony C. Satariano
Anthony C. Satariano answered on Feb 19, 2020

The answer is, most likely yes.

In a dissolution, the parties largely get to control the terms of the agreement. But, all domestic relations courts require that you disclose a wide variety of information and complete all of their required forms.

The court's website is your best...
Read more »

1 Answer | Asked in Divorce for New York on
Q: How can I receive a free divorce? My husband and I were married in 11/2006. He abandoned me in 05/2015 no contact since.

He receives social security disability benefits and has never paid alimony. We share no property, assets, or children. Only one old shared credit card account.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 19, 2020

You can always file for divorce on your own. You can get all the forms necessary on the NYS Courts website or pick up a divorce packet at any NYS Supreme Court building. You will still have to pay the court fees.

1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Middle of a divorce...can my husband steal our entire tax refund after promising in written email half our refund?

My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!

1 Answer | Asked in Divorce for Massachusetts on
Q: In MA, divorce laws changed to eliminate alimony payments after a time period. What else was affected by the law change?

I was married in 1980. We were separated in 1995 and divorced in 1998. The divorce decree called for alimony and child-support as well as health insurance and education expenses for our 3 children.

Some time after the divorce law changes my ex-husband stopped paying alimony and health... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 18, 2020

Unless your separation agreement or divorce judgment as a result of trial specified a termination date for alimony and medical coverage and that no Modification proceeding was necessary, then there should have been a Modification Petition filed by ex-husband and an adjudication in favor of... Read more »

2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Is a spousal/child support agreement that was done in court recognized if the order was never signed by a judge?

Temporary order was in place and agreement was made a year later but never typed up and submitted to judge for signature

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 18, 2020

It must be signed by a judge to be an official court order. It may be best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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3 Answers | Asked in Divorce for Georgia on
Q: Can i make my abusive husband leave our home. Untill divorce is settled. If i have no income and no where to go

We been married91/2 years and its been an abusive situation for at least half of that he and i bought and rebuilt this home together but only his name is on it

Ellaretha Coleman
Ellaretha Coleman answered on Feb 18, 2020

You can ask the court for exclusive use and possession of the home on a temporary basis in the divorce action. You may also be entitled to support. You should discuss your specific situation with a divorce attorney to determine your options.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

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