Get free answers to your Family Law legal questions from lawyers in your area.
Your current state is Virginia
I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More 
answered on Mar 27, 2025
If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also... View More
I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More
answered on Mar 27, 2025
You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More
In a family law case in California, what is the correct order for filing the Summons, Request for Joinder, and Pleading Joinder? Should these forms be filed with the courts first or sent to the other party initially, considering it's my first time handling such filings?
answered on Mar 27, 2025
Either way is fine (assuming you are referring to the Summons on Joinder, request for joinder and pleading on joinder). You can file with the court with your proof of service attached (i.e. serve first), or you file with the court first and then serve the "conformed copy" on the other... View More
I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?
answered on Mar 27, 2025
If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More
In a child protective proceeding in New York, there is an ACD (Adjournment in Contemplation of Dismissal) that requires the respondent mother to comply with several conditions, including cooperating with supervision visits, ensuring her child receives mental health treatment, and maintaining... View More
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answered on Mar 27, 2025
Well, just as a breach of any contract carries legal consequences, the failure of a consenting parent to abide by an agreement to go through post judgment activities also carries legal consequences. "Consent" does not mean immunity from complying with cooperating with supervision visits,... View More
If a minor is disowned by their parents and the parents take away items such as devices and car keys, which were bought by the minor or gifted by friends, would the parents be legally required to return those items to the child in California? There are no formal agreements documenting ownership,... View More
answered on Mar 26, 2025
"Child" ?? I'm assuming it's the "child" who is posting this question? Are you 18 or older? There is no legal concept of "disowning" a child. Without knowing what the legal relationship is between you and the parents in this scenario, without knowing your... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
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answered on Mar 26, 2025
Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More
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answered on Mar 26, 2025
Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to... View More
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More
answered on Mar 26, 2025
Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More
answered on Mar 26, 2025
Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More
answered on Mar 26, 2025
Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More
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answered on Mar 25, 2025
I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More
I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More
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answered on Mar 25, 2025
I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More
I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More
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answered on Mar 27, 2025
This question proves a confusion of issues which require resolution with an attorney after a review of the case file. Otherwise, a response to this question is merely conjecture.
First and foremost is a thumbs-up to all the attorneys who appear on an appellate division listing of lawyers... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 25, 2025
I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 27, 2025
We have no idea what happened to this asker. Another parent entered the picture in January, and poof, the child's custody is flipped and the question is how to unflip. We need more information: the facts, the age of the child, the living details of the parents (incomes), copies of transcripts... View More
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More
answered on Mar 25, 2025
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More
My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More
answered on Mar 25, 2025
Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More
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