Get free answers to your Divorce legal questions from lawyers in your area.
Your current state is Ohio
Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More
answered on Apr 1, 2024
The divorce proceedings will not necessarily be any quicker simply because the two of you have already transferred and / or divided assets. You can certainly take some actions to help move things along such as filing the case together, i.e. Petitioner and Co-Petitioner. Both of you will still... View More
My husband demand to keep the current house value ($1701.400) great neighborhoods and offered me Virginia house ( $835.500) and adding savings to close to
Half value.. but so far he offered I will get $647.000 and he will get $830.000. The monthly loan is $6000.
I will not be able... View More
answered on Apr 1, 2024
In California, property acquired during the marriage is generally considered community property and is divided equally (50/50) in a divorce. However, there are some exceptions and nuances to this rule.
Regarding your specific situation:
1. If you cannot afford the mortgage on the... View More
He offered total $5000, both alimony and child.
16years of marriage. We have 50/50 custody. ( my sons are 14&16) his income $16.458 monthly my income $1200) also he has Navy pension ($5956 monthly) I have a right to receive pension monthly.
He was in service 27years, I was with... View More
answered on Mar 31, 2024
Under California law, the division of assets and determination of spousal and child support in a divorce case is based on several factors. Here's a general guideline:
1. Spousal Support (Alimony): The court considers factors such as the length of the marriage, each spouse's... View More
we have been amrried 40 years and if we divorce i want he to be assured i won't cut her off financially
answered on Mar 31, 2024
In California, when considering divorce after a long marriage such as yours, it's commendable that you're thinking about ensuring financial stability for your spouse. You can indeed prepare a letter expressing your intention to support her indefinitely, sharing income post-divorce. This... View More
My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More
answered on Apr 1, 2024
Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More
My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More
answered on Mar 30, 2024
Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More
Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More
answered on Mar 29, 2024
In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More
The agreement doesn’t specify termination date
answered on Mar 29, 2024
If your agreement is silent as when Alimony should end and your ex-wife has remarried, you should retain an experienced attorney to file a notice of Motion to terminate alimony. Remarriage is one of the legal grounds for termination of alimony unless an agreement or order states otherwise. In your... View More
The agreement doesn’t specify termination date
answered on Mar 29, 2024
You need to retain an experienced matrimonial attorney to bring a motion for termination of spousal support and credit for any overpayment. Spousal support can be from the day that they first began cohabitation. With modern technology there are no geographic boundaries on obtaining the best... View More
The agreement doesn’t specify termination date
answered on Apr 1, 2024
I have been a divorce lawyer for the past 38 years and I dont think I have ever had someone say that they voluntarily have paid alimony for the past 10 years with no writing in place and even after the other spouse remarried. I presume you have been making all of your payments directly and not... View More
One party already has an attorney yet I prefer mediation.
answered on Mar 29, 2024
In Alameda County, California, the costs of divorce can vary widely depending on the complexity of the case, whether there are contested issues, and the choice of legal representation or mediation. Filing fees in California are generally consistent across counties, with the initial filing fee for a... View More
answered on Mar 29, 2024
In California, even if your partner already has an attorney, mediation is still an option for you. Mediation can offer a more collaborative environment to resolve disputes and may lead to a more amicable settlement. It's designed to help both parties communicate their needs and reach an... View More
Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?
My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More
answered on Mar 28, 2024
When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More
answered on Mar 28, 2024
Courts in Louisiana are not 100% uniform in how they will grant a divorce, especially if you are not represented. My advice is to call the local bar association and see if they can provide any assistance to you, or if they can recommend an attorney who will meet/consult with you at a reduced rate... View More
answered on Mar 27, 2024
Yes, you can file for divorce without your husband. You need to be properly prepared to proceed. You will need to prove you did everything you possibly could to find him. If the judge isn't convinced you did enough, you will need to start all over. Please have someone help you, preferably an... View More
answered on Mar 27, 2024
In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More
Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More
answered on Mar 27, 2024
Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More
My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More
answered on Mar 26, 2024
This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More
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