If the owner will not give you access to the area then you will need a court order to obtain your belongings. Which means when you file for divorce, you address to either the court, or in your agreement, what things you have to obtain from any residence. And the court will determine a date and... View More

Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More

It sounds like you are referring to a HELOC or a cash-out refinancing. These "mortgage-type" documents states who is liable to the bank to repay the loan. It doesn't state who is owed the money from the HELOC or cash-out refinancing. Who is entitled to the money depends in part on... View More

In a divorce, Nebraska is an equitable distribution state. The facts of ownership of the home and equity one might receive in a divorce is subject to many factors. If you are going through a divorce, it is important to discuss the details with your attorney as to what marital interest you may... View More

In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More

If this is an issue and/or might become an issue, then the paperwork between you and the mother regarding custody of the child will be important. What does it say as to relocation? If there is non paperwork currently, then I would immediately contact a family law/custody lawyer in your area to... View More

First, you need to hire an attorney who handles divorce cases in Tarrant County.

Since a restraining order was included with the citation served upon you, it will show a court date for a hearing for 'temporary orders" in your divorce case. This is almost always within two weeks... View More

When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete... View More

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answered on Aug 26, 2024

You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

In most circumstances, weddings rings are gifts that belong to the recipient as his or her separate property.

In rare circumstances involving family heirlooms, an argument can be made that they are conditional upon the continuation of the marriage.

This is something that Louisiana divorce attorneys should advise on, but you posted last week - and sadly, it looks like you're being kicked to the curb.

- You could start seeking help through legal aid organizations or pro bono attorneys. Here is a link to some leads on this website -... View More

Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.

Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More

Under Texas law, if your husband marries another woman while still being married to you, this is considered bigamy. Bigamy is illegal in Texas and constitutes a criminal offense under the Texas Penal Code § 25.01.

To answer your specific question:

Bigamy: If your husband is legally... View More

You should get an attorney to represent you if you get served with divorce papers or are wanting to file for divorce. If you are seeking alimony then it will be up to you to present evidence and testimony to the court regarding that issue. And I think your outcome would be far better if you... View More

You need an attorney, that is my advice. A attorney that can get temporary matters in place so that you have your household expenses taken care of while your divorce is pending. Because until you get a temporary order, he could stop paying all the bills and there would be nothing you could do... View More

You most likely cannot just sign papers and pay a fee. Only a judge can grant a divorce. If you do have an agreement with your spouse that resolves all issues, it may be possible to avoid a hearing. You should speak with a family law attorney before signing anything to be sure you and your child... View More

Even in an uncontested divorce you still may be required to appear in Court. Therefore, signing paperwork doesn't mean a judge won't require a final hearing before signing a final judgment. I would advise you to have an attorney review any documents your spouse asks you to sign.... View More

There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More

Generally, any asset acquired or enhanced during the marriage, including businesses, is considered marital property. The business you and your husband started or worked for during the marriage is likely considered a marital asset if it was started or significantly grown during the marriage. The... View More

Not successfully if your attorney included the normal provision in your final decree of divorce that requires your ex-wife to sign a power of attorney to transfer motor vehicle title.