Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More

To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More

You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.

My answer is only directed towards her taking out a cable bill and other debt in your name. I will let someone else address the other issues raised. You can file a police report and a FTC Fraud Affidavit detailing that these accounts were not taken out by you. From there, you'll want to... View More

You have no standing to do anything until that default is set aside. File the motion to set aside based on failure to serve. Get a copy of the proof and service of the summons first, however, and see what it says about when and how your spouse is claiming you were served.

OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More

It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.

If your spouse is being... View More

You "can" proceed with your divorce without filing your taxes, but that doesn’t mean you "should". If your first court date is next month, you don’t have to finalize everything right away. It’s best practice to know exactly what is being divided before finalizing your... View More

While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations,... View More

A lot depends on how long you have had it and whether you used marital assets to sustain the property or used estate assets. A judge will also look at the fact that the spouse did live on the property. I suggest you setup an in person consultation with a lawyer to determine what is most likely to... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More

It sounds as if once you’re former spouse found out about the inheritance, they hired a lawyer to vacate the final judgment and make a play towards that inheritance. They’re probably claiming some type of fraud on your part. However, an inheritance is not subject to equitable distribution, so I... View More

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.

(A) The agreement is in writing and signed by both spouses ;

(B) The agreement is entered into freely... View More

If you and your spouse can agree on the terms of terminating your marriage, it can proceed as a dissolution, which can be quicker and less expensive. Use the Find a Lawyer tab to consult some local family law attorneys who can review the process and answer your questions. Many offer free... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

I understand how frustrating this situation must be, especially when you have a clear agreement in your divorce decree regarding claiming the children for tax benefits. The issue you’ve encountered involves the Earned Income Credit (EIC), which is a valuable tax benefit for custodial parents.... View More

You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.

If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

I understand that this situation is causing you significant stress, especially with your ex-wife’s name still being on the mortgage and deed of the home despite her lack of involvement. Removing her from these documents can be a challenging process, and it’s important to address the matter... View More

If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More

I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More