You may want to hire a private investigator for this. If the divorce happened in Florida then you should be able to find a record of it. If it in fact never happened then you can file a divorce now. In the final judgment you will need to include that he has no legal rights to any of your property.... View More

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

Good evening,

You ask an excellent question! Yes, you can absolutely hire an attorney to review your Petition for Dissolution of Marriage. Many firms (including mine), offer what are called "limited scope" or "unbundled" services as a resource and advocate from a more... View More

I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More

In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

You indicated that each of you "dismissed" the other spouse. A party to a case cannot dismiss a case filed by another party. Do you mean that the respective courts dismissed both cases? If so, when a motion to dismiss was filed, you should have responded that you "retained [y]our... View More

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show... View More

Custody pertains to children in a divorce. If you want to be awarded your current residence in your divorce you would have to petition the court for that and other relief. Also, you would have to be able to afford any current mortgage on said residence, unless it is fully paid for at that time.... View More

If you have no access to bank accounts and cash, I would use credit cards, borrow money from family & friends, or whatever you have to do, to hire an attorney. Once you use those funds to retain an attorney, that attorney can seek funds from the court on a temporary basis to pay your... View More

I think the issue you will have is during the divorce proceeding you had the opportunity to engage in the discovery process, which would have allowed you to determine what assets, income, debts, etc. through the form of depositions, interrogatories, admissions and a request for production of... View More

I would suggest you hire an attorney. Because your question, "How can I request that we reduce the cost by 15k?" does not make sense. The Court does not reduce your net worth because you will be losing health insurance. And I'm not sure how your net worth factors into your divorce... View More

During a divorce proceeding if the parties cannot agree, the court will distribute all assets that they deem to be marital property, and will let the parties know anything that can be considered separate property. But you will have to file for divorce in order for the court to decide who gets what... View More

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

I would wait to purchase property until you receive the judgment of divorce. Matters of alimony and property division are interrelated, and the entire judgment must be considered in determining whether the trial court abused its discretion as to either of those issues. Willing v. Willing, 655 So.2d... View More

Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024

You made an improvement to someone else's real property. That is called a gift. Your lawyer can argue for an equitable distribution. It sounds like you are not on the deed. You might argue to move and sell the MH, but it probably will not be worth it. You might ask for alimony if... View More