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Divorce Questions & Answers
1 Answer | Asked in Divorce for Nevada on
Q: My wife has filed for divorce. We were married in 2012. We have been separated about 75% of that time. No children

No property together. I retired prior to us getting married. I'm not employed and she wants spousal support and my retirement. We have been living apart for the past 3-4 years. We were married in Las Vegas(where I live) and she lives in Ohio. Is she entitled?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 15, 2022

She should not be entitled to your retirement as it was earned prior to your marriage. However, the income you receive from the retirement monthly may be used to calculate your total income in order to calculate spousal support amount.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in maryland. My wife and I own a house equally. She’s pregnant with another man’s child, she wants a divorce.

I live in the state of maryland. My life went from perfect to miserable within months.

At the beginning of the year I was happily married with 2 beautiful kids in a new home equally owned between my wife and I. Fast forward to today my wife has moved in her boyfriend, she’s now pregnant... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Asking questions is smart, but you will not get the answers you need this way. You need to retain an experienced divorce lawyer. Property division, child custody, child support, alimony and divorce in your situation will require a comprehensive sit-down and discussion, and the various options and... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I have filed a divorce in Texas and we are staying separate for the last 10 Months, our divorce case is still pending.

When its come to property division, do my income from last 10 months count in property division even though we are not staying together from the last 10 month. What are my rights in this situation? How I can stop my income to count as a community property ?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

Your income is community as long as you are married,

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Which post-divorce motion or form shall I file in order to obtain a court order for my sons passport renewal & travel ?

Greetings,

My name is Linda. I am divorced and am living with my 5 years old son. The divorce occurred outside USA, in Albania and the Albanian Court granted me the custody of my son for raise and education. Both myself and my son are Americans, but my ex-husband, the father of my son is... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

You can try applying for the passport renewal without the other parent's consent first. There is an exception when the other parent cannot be found. Otherwise you will need to "domesticate" your foreign final judgment and then file a motion for the passport issuance. Speak with a... Read more »

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1 Answer | Asked in Divorce, Estate Planning and Family Law for Arizona on
Q: My husband and I are residents of Arizona. What happens to our house during a divorce?

He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... Read more »

1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

Bennett James Wills
Bennett James Wills
answered on Jun 13, 2022

You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... Read more »

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: What if one parents is on deployment and wants the grandparents to have custody and the other parent doesn't

Mother doesn't want this to happen

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Do you have a written custody order? What does it say as to this situation or comparable situations? More specific information is needed to properly respond to this and if you do not already have an attorney, then I would recommend that you contact a few custody attorneys in your area to discuss... Read more »

1 Answer | Asked in Criminal Law and Divorce for California on
Q: My boyfriend bought a pair of diamond earrings a couple years ago and I wear them but recently left them at the hospital

And someone took them. I then bought another pair of earrings with my money to replace them. We are breaking up and he is trying to take them and claim that he can because I lost the pair he originally bought so I owe him. Can he take them from me if I bought them even if I lost the pair he bought?

Arturo Angel Burga
Arturo Angel Burga
answered on Jun 12, 2022

Sounds more like a small claims action. He would have a hard time winning this. You can keep them if you want and he won't be able to get them from you unless a judge agrees with him.

1 Answer | Asked in Divorce for Texas on
Q: My husband filed for divorce for the 2nd time on 2/28/22. He is now refusing to serve me. How can i move forward?

He's a disbarred attorney and is bullying me into an uncontested divorce. He has been telling me he wants to reconcile since 2016 when he filed the first time. I learned that it was just a tactic to not have to pay alimony and to waste and dispose of assets.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 12, 2022

Retain a lawyer and file a counterclaim.

2 Answers | Asked in Divorce, Civil Litigation and Libel & Slander for Florida on
Q: I am going through a nasty divorce and my soon to be ex wife has been threatening to share intimate information

She is sharing info about my sexual secrets to ruin my image and career

Michael Ferrin
Michael Ferrin
answered on Jun 12, 2022

If your divorce is already pending we would recommend filing an emergency motion to enjoin her from disclosing the information to third parties.

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1 Answer | Asked in Divorce for Texas on
Q: I divorced in Texas on 2019 and I signed the divorce decree where I said I gave my half of the house.

Now , years later my ex request me to sign a special warrant deed and I refused and she want to sue me….what can I do ? I’m still have any right with the house if I not sign this document ???

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 12, 2022

You need to sign the special warranty deed unless you want to pay her attorney fees if she takes you to court, She can file motion to enforce and can win it,

1 Answer | Asked in Divorce, Personal Injury and Real Estate Law for Oklahoma on
Q: I got screw ultra big time by a realitor who sold my house to her investor buddy I have try to sue but have reverse dee

The realtor had scam artest investor do and inspection then he ask for a price reduction of $1000.00 I said no but the realtor trick my divorce into says yes and it closing it went for a $1000 less. So lost $500 on sale of house. I have huge emotion stress over this. I want to sue but she claim... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 12, 2022

Sorry, but I don't think that you have a case. The divorce court apparently approved the sale, and 7 years later your claim would be barred by the statute of limitations.

It's time for you to move on and get over this.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland. I receive a pension from my former job. Is my husband entitled to my pension?

We are not separated or divorced. I would like to know by law am I obligated to give him half of my pension in the state of maryland?

Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Until a court orders you to give him any, NO. However, in the event a divorce case reaches trial before a Maryland judge, one of the issues a judge resolves is how to divide marital property in an "equitable" manner. Marital property includes pensions, to the extent you contributed and... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I was awarded an equalizing payment in my divorce. How do I get the other party to actually pay it?

I thought a court order ment you had to pay what was ordered. I was ordered $30,000 and he has paid nothing to date.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 10, 2022

Pursuant to Florida law, you would need to return to court on a Motion for Enforcement of the court order. The next step would be a judgment, which is a legal piece of paper saying that the debt is owed. The next step is to enforce the judgment. Speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: Child Support Payments?

My spouse and I are going through a divorce and child support is having me pay to my children's dad as he has open benefits from the government (foodshare). He does not work and is waiting on social security which has been pending for 2 some years. My questions is, if we were to drop the open... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 10, 2022

If this is a Wisconsin case, I can respond. If it is a Minnesota case, I do not know the law in Minnesot since I am not licensed to practice law in that State. In Wisconsin, the State has an interest in the child support proceedings if a party is receiving State benefits. If the recipient is no... Read more »

1 Answer | Asked in Divorce for Kentucky on
Q: When will I be able to collect on ex husbands ESOP and 401K

Just got divorce finallized in Kentucky. I was awarded half of exs 401K and half of his ESOP. How long will it be before I receive it...do I have to wait til retirement age?

Timothy Denison
Timothy Denison
answered on Jun 9, 2022

Varies plan by plan. His plan administrator will know. It could be now, at 62, at 65, at his retirement or at any other time the plan permits

1 Answer | Asked in Divorce for Kentucky on
Q: How are maintenance payments setup?

If I am court ordered to pay maintenance to my ex; do you I set the payments up or will the court setup the payments through my employer?

Timothy Denison
Timothy Denison
answered on Jun 9, 2022

Generally, it is paid by you directly to her without court involvement.

1 Answer | Asked in Divorce for New York on
Q: Alimony arrangements

Wife works; I'm disabled. Our adult daughter lives with us and will live with wife once we're divorced. Does my daughter's income figure in alimony arrangements? They'll have two incomes and I'm on disability.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 9, 2022

Your daughter's income doesn't have anything to do with alimony

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