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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What are my options for a divorce?

My children are 11, 15, and 18 years old. My 18-year-old has autism, so he will continue living with me. I want my younger two to stay with me because their father is always working and can't be available to meet their needs. My husband has arranged for me to stay home and take care of the... View More

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

If you were to file for divorce, you could ask for temporary spousal support to help pay bills similar to what is going on now. I am not sure how long you have been married, so I am not sure if spousal maintenance after the divorce is on the table. If you have been married longer than 10 years,... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I really need a lawyer to review the divorce paperwork my husband dropped off before signing. How much does it cost?

We don't have assets just children. I just want to make sure I know what I'm signing. Also, he is asking for joint custody and I would prefer sole custody with visitation.

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Some attorneys will review the paperwork for an hourly fee. However, that would only be worth it if you agreed to the terms. If you do not agree to the terms, you would have to take your case before a judge to decide. That will cost substantially more money.

1 Answer | Asked in Divorce, Child Support and Family Law for Texas on
Q: Should I file to pay child support even though were not divorced yet and she's not allowing my to see the children..
Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Even though you are married, you can file what is called a Suit Affecting Parent-Child Relationship (SAPCR), without filing for divorce. In that suit, the court can order visitation as well as child support and decision-making rights. If you do not have the funds for this, you can ask the... View More

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Peter Klose
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answered on Sep 6, 2024

If you cannot agree, you will need to hire an attorney to commence a Partition Action. It's like a foreclosure by the individual owners. Often these things get resolved after you file, but you should get all of your financial records together to substantiate your contributions and capital... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Michael David Siegel
Michael David Siegel
answered on Sep 6, 2024

Short of an agreement, the only option is a partition case in Supreme Court. There, the property will be sold like a foreclosure, and any fight over contributions to the property will be fought over after the sale and before distribution before a court appointed Referee.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

Dear Brooklyn Property Owner:

Because you and your co-owner seem willing to make a deal but cannot agree on 50/50 and do not know how to do so, I suggest you engage a local mediation law office to assist in reaching terms.

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.

1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More

Robert Kane
Robert Kane
answered on Aug 9, 2024

Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex-spouse is 3 months in arrears in payments per our divorce decree. His lawyer has quit. How do I get my money?
Brent T. Geers
Brent T. Geers
answered on Aug 8, 2024

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?

We have not been in court in some time

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2024

If your ex-spouse is violating a court-ordered agreement, such as a custody, visitation, or support order, you generally do not need to open a new case. Instead, you can file a motion or petition to address the violations within the existing case. Depending on the nature of the violations, you may... View More

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2 Answers | Asked in Divorce for Texas on
Q: Can I use liquid paper or tape on original petition for divorce or do I need to redo the whole page?
John Michael Frick
John Michael Frick
answered on Aug 7, 2024

Because court documents are electronically filed, you should probably just edit the source document before submitting it electronically for filing. You may encounter difficulty with the court clerks trying to file a paper petition with liquid paper or tape on it.

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you proceed with legal separation/divorce when the only thing you own together is the house
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 5, 2024

My recommendation is that you should consult with a lawyer to discuss your options and to determine the best way to proceed at this time---that's the best thing to do. In further answer to your question, you can either not seek determination of the commuity property at this time and simply... View More

1 Answer | Asked in Adoption, Divorce and Family Law for Nevada on
Q: Are we able to get divorce & custody documents signed & notarized by different notaries in different states?

My partner is getting a divorce , we live in Nevada & her husband lives in Washington state. Can we avoid having to make the trip up to Washington , by notarizing the documents here on the mothers behalf & then send the documents to Washington & have her husband also notarize separately... View More

Jennifer Setters
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answered on Jul 31, 2024

As an attorney, I can provide some general information, but for specific legal advice tailored to your situation, please contact us at 702-979-1455 or visit our website at www.gastelumattorneys.com.

In divorce cases where the spouses reside in different states, it is often possible to...
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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: final hearing for divorce where he will not sign

I made a motion for a default judgement. Got kicked back because I could not request a default on irreconcilable differences but marital behavior. Requested a final hearing and I have the date but unsure what to file to complete. Sent notice of Final hearing to defendant. Help what else do I need... View More

Anthony M. Avery
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answered on Jul 30, 2024

IR Divorce is where there is an agreement. Apparently you have no agreement. In that case you must put on proof of grounds. You might not have any. Hire a lawyer who might be able to help, or stay married until he agrees or one of you dies.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Ex-husband refuses to give proof of insurance, if I file a motion can he answer with a motion to reduce alimony?

Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More

Leonard R. Boyer
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answered on Jul 27, 2024

You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a particular formula that is used when calculating alimony?
James L. Arrasmith
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answered on Jul 26, 2024

If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court

My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More

James L. Arrasmith
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answered on Jul 25, 2024

To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My lawyer I hired gave her all the money to do my divorce. She never did anything no paperwork no divorce what to do now

I paid her in full . She said my money is gone go pay another lawyer I don't have the money my soon to be ex is abusive. He took my kids and won't give them back

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

You should take a look at the contract or agreement you signed with your attorney. Because we do not know if it was a flat rate you paid and if so, what was included in that flat rate. And if it was not a flat rate and you had a retainer fee, what the terms of that retainer fee were, for example,... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Medical bill after divorce

"So my question is, I have a 6-year-old boy, and my ex-wife has full custody of him. I do have visitation rights, but according to the court order, I am responsible for the medical bills that are not covered by insurance. I do not have any insurance. I lost my job 3 months ago, and I am... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

You must follow the court order until another order modifies it, regardless of your financial situation. If you can no longer afford what you have been ordered to pay, you should file for a modification. Now you can't pay what you don't have, but you could be found in contempt if you... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: My soon to be ex husband works in law enforcement and has a pension plan. Will he also be getting social security?

Do I need to ask for that in the divorce agreement?

James L. Arrasmith
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answered on Jul 24, 2024

In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More

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