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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am disabled broke no income . Husband divorcing me took everything including house how do I get a pro bono lawyer

In desperate need. Husband is ruthless alcoholic changed locks on my house that I built holding all of my belongings hostage he has a lawyer and they're trying to put me in the streets

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

You can obtain an attorney in a criminal matter through the public defenders office if you cannot afford one. If you have a domestic matter you cannot obtain a court appointed attorney. And there are no "pro bono lawyers." Attorneys may do a certain amount of pro bono work. But the... View More

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3 Answers | Asked in Divorce for California on
Q: I have a close friend and SAHM whose husband wants a divorce. He wants to hire one lawyer for both of them.

He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?

Robert Kane
Robert Kane
answered on Oct 3, 2024

It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex and I have 50/50 decision making and I am supposed to pay 60% of daycare but I cant afford it. What can I do?

I have asked about making a change to daycare and offered 4 different solutions and offered to hear any solutions she has as well. She refuses to work with me but I literally can not afford to keep paying. Can I stop paying if she wont work with me on it since we have split decision making? Do I... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Oct 1, 2024

Hello.

First an attorney can not advise you to violate an order or not comply in conformity with the order.

Second, you need to review your order regarding mutual selection of child care and determine if it is a major decision as it relates to joint decision making and if you need...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My estranged husband has been sending harassing messages.

I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: OP making it hard for me to work evenings at my job. OP started calling between 20-33 times a month for 2 years now.

The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More

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1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How do I file for temporary maintenance in a divorce
Gregg Austin Knutson
Gregg Austin Knutson
answered on Sep 28, 2024

If a case has already been filed, the party requesting temporary maintenance has to schedule a temporary hearing and serve notice of the temporary hearing upon the opposing party. Both parties are also required to exchange an Affidavit of Financial Means prior to the hearing. In preparing the... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More

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1 Answer | Asked in Family Law and Divorce for Texas on
Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I... View More

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

It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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3 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: So I have a divorce agreement since 2006 and my ex wife has yet to pay me off my 40% stake.

My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.

For... View More

James Clifton
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James Clifton
answered on Sep 26, 2024

The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: I am going through a divorce, I bought myself a car and he is trying to take it for alimony. Can he do that?

He left 6 yrs ago he has been fighting child support in courts haven’t finalized divorce.

Paul Michael McDermott
Paul Michael McDermott
answered on Sep 26, 2024

Probably not. In a Florida divorce, typically the asset (car) division is handled first and then the issue of alimony is addressed. Also, if you purchased the car after the filing date, then it would be considered your separate, non-marital property. Sounds like you need a lawyer to finalize your... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Married for 20 years name not on mortgage or title should I add before I get divorced or can a mediator take care of it?

I'm going to keep the house and she wants to leave( she is already approved for another town house) what do I need to do and also to keep mortgage the same when she leaves divorce final?

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

Hire an attorney to represent you. Mediators don't write agreements or orders. If you attend mediation then you can reduce to writing what you all agree with. Otherwise, an attorney can draft paperwork with what the parties agree too and if there is anything the parties do not agree too,... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can I get child support from the father if I only have one child with me and he has the other child?

My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case

Robert P. Taylor
Robert P. Taylor pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: substitution of attorney

My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court?... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 20, 2024

Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How long will it take for me to received child and spouse support after I request a court order?

I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 19, 2024

If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More

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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: If separate funds was used to purchase a home during marriage is it separate or community

Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 18, 2024

Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs... View More

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2 Answers | Asked in Criminal Law, Divorce and Tax Law for Nevada on
Q: I caught my wife's divorce attorney in CA instigating her to attempt federal tax fraud,

She has a bottomless pocket out to financially harm me, bribing attorneys I get and cannot prove. He got her my tax attorney info subpoening my bank records so she could get them to mess with my taxes and I caught it. Federal taxes, do I need a CA attorney? I have a CPA CFF CFE, needs to work... View More

Jennifer Setters
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Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Indeed, should your wife's attorney be engaged in federal tax fraud, this might constitute a federal offense. Tax fraud is a major offense whether encouraged or facilitated, especially when involving bank records and subpoenas. Keeping in mind that every situation is unique, here are some... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: A close friend of mine has been wanting to get a divorce from her spouse for the past two years now.

He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: married 23 yrs and lived apart 10 after dv case but reconciled but continued to live apart spousal support still option

Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More

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