Lawyers, Answer Questions  & Get Points Log In
Divorce Questions & Answers
1 Answer | Asked in Divorce for Oklahoma on
Q: I got the house in the divorce. VA loan in Ex name, both of our names are on the title. How do I get everything my name
Anna L Self
Anna L Self answered on May 11, 2022

You can either have your ex sign a quit claim deed giving the property to you or if the decree has the legal description and states that you get the house you can file a certified copy of the decree in the county records.

Regarding the loan, you would have to refinance to get the debt in...
Read more »

1 Answer | Asked in Animal / Dog Law and Divorce for Oklahoma on
Q: What if my spouse refuses to return my dog during separation period before divorce?

Wife has refused ownership of the dog several times due to quality of life at apartment. I’ve offered to pay for everything. He has lived with me for the entire separation period. He was my bestfriend while I was in the army. Now she is only keeping him from me to hurt me. But she has him listed... Read more »

Anna L Self
Anna L Self answered on May 11, 2022

You don't say how the dog is listed in the divorce decree. If the decree says she gets the dog and it has not been signed by the Judge - don't sign the decree. If the decree says she gets the dog and the Judge has signed the decree then the decree is enforceable. Dogs are considered... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: When does my child support end?

My paperwork says pay X dollars until the youngest minor child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 9, 2022

June.

View More Answers

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: After being married for 40 yrs what am I entitled to as far as things we earned togethe a house and 61 acres that's paid

Off and about 22 head of cattle? And being verbally abused for 10 yrs?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Regular verbal abuse doesn't count as domestic violence under Texas law but it can if it includes threats to inflict injury, pain, or property damage. Talk to your divorce lawyer.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 9, 2022

more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

1 Answer | Asked in Divorce for Puerto Rico on
Q: How does my husband get his divorce decree from Puerto Rico?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on May 9, 2022

Greetings:

You will have to request a copy through the clerks civil cases office.

1 Answer | Asked in Divorce for Tennessee on
Q: Is inherited property that now has both names on deed and payments made from joint funds now marital property?

Property inherited prior to marriage. Has been refinanced with both names on deed. Mortgage payments have been paid from joint bank account. Married almost 20 years. How would property be divided in divorce?

Bennett James Wills
Bennett James Wills answered on May 9, 2022

Since it's been refinanced and your spouse added to the deed, the court will likely say that the asset is sufficiently commingled that it is marital property subject to equitable distribution.

1 Answer | Asked in Divorce for Michigan on
Q: Regarding abuse of discretion

This is what the judge said to my ex-wife at the ruling of the division of property, "don't worry you'll come out on top, he'll die before you, he's in bad health and smokes" after I was not allowed my witnesses because my ex-wife said one of them talk to his wife on... Read more »

Brent T. Geers
Brent T. Geers answered on May 9, 2022

It's impossible to say without reviewing the complete transcript to determine context. Also, without know what the judgment of divorce says, it's impossible to tell if the judge abused his or her discretion.

In most divorce situations, the parties walk away with approximately...
Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?

Married 12 years.

His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on May 9, 2022

There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is... Read more »

View More Answers

1 Answer | Asked in Divorce for Idaho on
Q: Am I responsible to store ex's personal belongings that he was to make arrangements to have picked up w/in 90 days

Ex has been incarcerated since 2018 to present. Am I responsible to store his belongings after divorce was final and gave him 90 days?

Also, if I was to pay ex for equity of home and nor him or his attorney provided Deed of Trust address. Do I still have to pay? Is there a statute of limitations?

Kevin M Rogers
Kevin M Rogers answered on May 8, 2022

As to your ex’s belongings. What I recommend is that you send him a letter, while he’s in jail, telling him that he has 30 days to have someone (preferably family) pick up his belongings and that if no one comes within 30 days, you will dispose of his things as you see fit.

As to your...
Read more »

1 Answer | Asked in Divorce, Insurance Bad Faith, Insurance Defense and Family Law for Alabama on
Q: Husband divorced ex wife 2013. Passed 2020. Life insurance was paid to former spouse. Does this fall under 30-4-17, Ala

Policy taken out before divorce from former spouse. Former spouse received insurance payout although deceased remarried to me. Divorced 2012, deceased and I began relationship 2013, he passed 2020. He and I share 3 young children ages 7 and under. Previous marriage occurred one child who is in 20s.... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

If you are the listed beneficiary of an insurance policy, you would contact the insurance company to determine the payout decision. It is entirely possible that you were removed as the beneficiary of the policies.

1 Answer | Asked in Divorce for Florida on
Q: In which State do I file for divorce?

My husband and I were married in TX, where we lived together several years. We also lived together in Washington DC. My husband still lives in DC and I now live in FL.

In which State do I file for divorce?

Rand Scott Lieber
Rand Scott Lieber answered on May 8, 2022

The law in Florida is that you can file for divorce here after being a continuous resident for six months. It sounds like your husband could probably fie in DC but he would need to check with a local lawyer there.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: husband (now legal ex) left as a result of being called out on drug use and still has not collected his personal stuff

I am going to be moving, hopefully in the next 30 days or so, and his things are still here after continued attempts to have him collect – I have multiple messages that are ignored, some that are saying he will come soon, some saying he doesn’t want any of it. I mentioned to him that at some... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2022

Put all of his belongings in a storage unit in his name. Pay for one month of storage. Mail him the key and storage contract by certified mail and keep a copy. This should protect you from damages for wasting his property.

1 Answer | Asked in Divorce for New York on
Q: Can the alimony-paying party in a divorce just stop working out of spite? Or "retire early"

i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"

I'm on disability. Spouse is the working party

Online calculator says $800/mo alimony

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 6, 2022

If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I need legal help very bad. I have filed for divorce back in 2017 and my x refused to show up for court

My x convinced his parents to call DFCS bc he thought I was on drugs (really bc he later learned I had started dating someone)

His parents are millionaires (truth) and managed to get temporary custody now refusing to give her back bc they don’t like my boyfriend

Judge said I... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 6, 2022

It does sound like you have a lot going on. You should consult with an attorney who can review the case in detail and provide you with guidance. If you can’t afford an attorney try contacting Legal Aid to see if you qualify for assistance.

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: I voluntarily closed a reunification because dfcs and my kids father defense. Mentally I'm ready now how do I reopen?

I called dfcs for assistance and explained how I had nothing and nobody to help me after losing my car and having to quit my job no daycare choices for my hours. Mentally I became worse the more they tries to "help" to where I responded I rather die before you continue embarrassing me.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 6, 2022

You have a lot going on here. You should consult with an attorney who can review the facts of the case in detail, help you sort it all out, and provide you with guidance.

1 Answer | Asked in Divorce for Texas on
Q: I filed for divorce in Tx. I am unemployed and needing money to pay bills. Can I cash my 401k if we both agreed and sign

We signed final decree stating I get to keep my 401k and he keeps his. I need money to pay for my bills and food and divorce fees. Will I get in trouble if I cash it out now? I know they recommend to wait til after but my question is will I get in trouble if I cash it out. I really need money since... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 6, 2022

You can cash it in. You will have to.pay taxes on it but you will not be in trouble

2 Answers | Asked in Divorce and Estate Planning for Virginia on
Q: How do I start divorce proceedings while married, living together, with minor children when the spouse refuses to leave

I want to divorce my husband. He refuses to establish a separation date, so I can’t do a no fault divorce. We live in my fathers house, it’s paid off, and will come to me upon his death through inheritance. There is no established rental agreement. I believe my husbands plan is to wait until he... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on May 5, 2022

A Virginia resident can file for a divorce from bed and board immediately, based on either abandonment and desertion or cruelty and reasonable apprehension of bodily harm. Virginia recognizes contructive desertion, which is essentially a desertion of the marital relationship while the parties... Read more »

View More Answers

1 Answer | Asked in Divorce, Real Estate Law and Estate Planning for Virginia on
Q: My spouse&I live in a house owned by my dad. I will inherit when he passes. Would it become a marital asset in divorce?
James H. Wilson Jr.
James H. Wilson Jr. answered on May 5, 2022

Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... Read more »

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: If I have property in Puerto Rico, will it be part of division in divorce filing, if you have jurisdiction in PR?

I live w/ my son in MA and my husband lives in PR, in our property. Can I get a divorce in MA, which doesn't include the property in Puerto Rico. How long can the divorce process take?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 4, 2022

Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.