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Divorce Questions & Answers
1 Answer | Asked in Divorce for Puerto Rico on
Q: Divorce entered in Norway, is it legal in Puerto Rico?

Me (Norwegian citizen, living in Norway) and my ex-wife (Puerto Rican citizen, living in USA) have signed divorce papers in Norway. We married in PR. She signed them through an e-file sent by the Norwegian government while being in USA. Is this divorce legal in PR? If not, what do we need to do to... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jul 22, 2022

Greetings:

There is a process called protocolization that naturalizes any judicial decree that was made in another jurisdiction.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

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1 Answer | Asked in Divorce for California on
Q: Is the date a divorce is filed or the date the divorce is finalized the date that a marriage is considered terminated

Or is it the date one party moves out to separate the end of the marriage? Trying to determine length of time one would get alimony if the marriage is to end

Rebecka A Monez
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Rebecka A Monez
answered on Jul 21, 2022

A divorce in California is final upon the entry of judgment or as you stated - finalized. There are three dates that are necessary to a divorce. The first one is the date of marriage. This one is the easiest to determine and can be found on your marriage license. The second date is the date of... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Am I responsible for payment on the mortgage of my house even though the mortgage is only in my husband's name

I have not started divorce proceedings I am contemplating it very strongly but I want to know ahead of time of what awaits me. I would like to know if by selling the house am I responsible or do I have to pay on the mortgage with my half of the money being that the mortgage is only in his name. The... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2022

It is quite unusual for title to be held by both spouses but only one spouse having signed a mortgage. If the house is sold, either in the course of divorce or otherwise, the mortgage note would have to be paid. Presumably in a divorce you would get half of the net proceeds. But talk to an... Read more »

2 Answers | Asked in Divorce for Kentucky on
Q: Can my ex husband install cameras in marital house after separation and he moved out?

Me and my ex husband separated in 10/2019. At the time I was awarded only possession of the house until we came to an agreement. He moved in with his girlfriend. One night in jan 2020, while I was at work he broke the door, came in and installed cameras to record my actions. He said that his... Read more »

Taniesa Velez
Taniesa Velez
answered on Jul 30, 2022

Depending on ownership at the time of the incident, you may be able to file a contempt motion with the Court. However, it is unclear if you came to an agreement regarding the marital home since that incident.

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2 Answers | Asked in Divorce for Kentucky on
Q: Can my ex husband install cameras in marital house after separation and he moved out?

Me and my ex husband separated in 10/2019. At the time I was awarded only possession of the house until we came to an agreement. He moved in with his girlfriend. One night in jan 2020, while I was at work he broke the door, came in and installed cameras to record my actions. He said that his... Read more »

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

No. You should make a motion to hold him in contempt for interfering with your possession of it by installing the cameras.

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1 Answer | Asked in Divorce for Louisiana on
Q: I am officially divorced. The papers are filed with the courts. I have an attorney. No property settlement after 1 yr.

No one has told me what spouse wants. I might agree. We only own one small house. I just want to have the judge decide at this point but nothing happens. What can be done? I am not from Lousianna and I have never heard of finalizing a divorce first, befor property settlement. I got a appraisal on... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 19, 2022

Speak to your attorney about your concerns. Your attorneys know the specifics of your matter better than anyone on this Board does.

1 Answer | Asked in Divorce for Illinois on
Q: How can I file for divorce if I can't find my spouse? She lives in another country but we got married in Illinois.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jul 19, 2022

You would merely file for divorce and serve your wife via publication in a newspaper that is approved by the county in which you file. You will likely need an attorney.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I leave my marital home before divorced & rent an apartment, will I forfeit all my rights to the home?

I own a home with my husband. I want to move out. If I leave and rent an apartment before divorce is filed or completed, is that considered abandonment of the marital home? Will I automatically lose any right to the value of the home or money made off the sale of the house?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 19, 2022

If your home is community property you do not lose your equity if you move out.

1 Answer | Asked in Insurance Bad Faith, Divorce, Estate Planning and Probate for Arizona on
Q: My dad was staying in a hotel that his insurance company paid for while his house was being repaired but he just died.

Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jul 18, 2022

Can you locate your wife or not?

You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex wants to stop paying alimony since he is getting remarried. We have an agreement signed outside of court.

My marriage was abusive so I had an order of protection during the time. We agreed to meet up to get the divorce over with and ended up agreeing to alimony for three years. We did it online (yes it was legit) and made the agreement before the divorce was final, our divorce papers only says, “Any... Read more »

V Julia Luyster
V Julia Luyster
answered on Jul 18, 2022

Without having all of the facts it would appear based upon what you state that you would have a binding agreement and he has to pay. Why did you not make this part of the Final Judgment of Divorce? Did you say something different in the court documents, for example, did you say in the court... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I married my husband in Florida & reside in Michigan, married 1 year, divorcing, am I entitled to his pension
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Perhaps some (small) portion of it, yes. The divorce process divides the marital estate: the assets and liabilities incurred during the marriage - which is generally from the date you were legally married. The longer you are married, the more there is to divide of course.

1 Answer | Asked in Divorce on
Q: Husband doesn't pay since marriage and even after my surgical delivery.

I am financially dependent on my husband since marriage. Problem elavated since I was diagnosed with typhoid shortly after marriage. Verbal abuse became frequent. I was sent to my mother's home while I was pregnant. My mother took care of me and I too did labour work. I got severe back pain... Read more »

V Julia Luyster
V Julia Luyster
answered on Jul 16, 2022

I am so sorry that you are going through such a terrible time. I would love to be able to help you. What state are you located in? The ability to obtain and the way you get a divorce depends upon where you live. Please feel free to go to my website at www.luysterlaw.com and sign up for a consult.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I have 50/50 custody and want to move out of state what steps do I need to take to not lose my children.

I live on my own with my partner and my ex lives with his mother. My partner and I want to move out of state to where his family lives to better our lives but my ex wants full custody now so the kids can’t leave the state at all. He has a past record and I’m pretty sure still can’t legally... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 15, 2022

I'm seeing two different issues here. First, finish up your divorce. It doesn't matter if he agrees or will or will not sign something. You got your default, now proceed to judgment. Second, if you want to be able to move out of state with your children, you will need to file a motion... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband and I file uncontested in Tennessee if we own a home together?

We want to file uncontested because we both want to keep paying on the home and reside here until we are financially able to relocate separately. Is it possible to file uncontested in our situation?

Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

Yes. It's possible. But you can also sell the house during the divorce and split the proceeds and move on. First recommendation is that you get everything in writing in a proper marital dissolution agreement, which you'll need anyways. Second, you would be wise to get an attorney to... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: Do i have to buy her out of the house if she never contributed and is taking the kids and moving out of the state?

she doesnt want the house

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 14, 2022

There's not enough information to properly respond to this question. That said, you are talking about real estate, presumably breakup of a marriage, and kids are involved, I highly recommend that you contact and consult with obe or more family law/divorce attorneys in your area -----discuss... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Is VA disability money , placed in a joint account not considered Prematernal money, disability prior to marriage ?

At mediation they would not allow for me to claim sole ownership of Boat and Truck bought with, part of the $80,000 lump sum retroactive. nor $30,000 home upgrades

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 14, 2022

Your disability payments are considered "income." Once that income was placed into a joint account it is considered "commingled." If you used that income during the marriage to support the marriage then the court will consider it to be a marital asset to be divided. This also... Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: Can I keep our home if we have 2 minors or do I have to sell it if my husband insist on it? We are divorcing.

The house was bought while married. I can afford the payment but not to buy him out.

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jul 14, 2022

Greetings:

When you file for divorce and have 2 minors that where conceived on the matrimony, the non custodial parent has to provide child support and shelter for the minors.

The division of property doesn't expire until it's resolve among the parties. So the request...
Read more »

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