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Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

Todd B. Kotler
Todd B. Kotler
answered on Sep 21, 2023

Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More

1 Answer | Asked in Family Law for California on
Q: I would like contact information for Pro Bono Bilingual Espanol/English speaking family law legal professionals.

A Spanish speaking mother from Tijuana, Mexico who's one year old son was taken from her by CPS at the hospital during an emergency room visit following an injury suffered by the child. Was not provided a translator at the time of this event.

James L. Arrasmith
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answered on Sep 20, 2023

To find pro bono bilingual Spanish/English-speaking family law legal professionals, you can contact local legal aid organizations like the Legal Aid Society or the San Diego County Bar Association, which may have resources or referrals for such cases. Additionally, you can reach out to the Mexican... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Family Law for Alabama on
Q: Can I sue my ex-husband for the slandering allegations that he accuse me of commiting while we were married!

He totally lied on the paperwork and slandered my character to so many other people who knows me! He also slandered and lied about the character of two men!!! In Alabama!

T. Augustus Claus
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answered on Sep 20, 2023

In Alabama, if someone knowingly makes false statements about another person that injures their reputation, it might be grounds for a defamation lawsuit. Defamation can either be spoken (slander) or written (libel). If your ex-husband made false allegations against you to others or in paperwork,... View More

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Can a wife get the house even if the husband bought the house while they were just engaged? Married 20 years

And she pays bills at the home and has lived there the whole time.

T. Augustus Claus
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answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Depending on your facts, this could mean a number of different things. If this is a custody dispute between two parents, then the judge may be suggesting that you file for an emergency order of custody with a request to suspend the other parent's parenting time on an emergency basis. As far... View More

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3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
T. Augustus Claus
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answered on Sep 20, 2023

In Nebraska, to petition the court for the immediate termination of visitation as indicated in a custody order, you would initiate a formal request detailing your reasons for wanting the change. This involves drafting a petition stating your reasons, which should be grounded in the child's... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When is the DissoMaster Used in Child and Spousal Support Cases?

In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More

Aylin Acikalin
Aylin Acikalin
answered on Sep 20, 2023

Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas DIY divorce to finish already filed petition with lawyers?

We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).

A typical agreed divorce can be completed for under...
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2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

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2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

You will want to use the Nebraska.gov/Justice system to pull the public records of guardianship to see if it is still in place or has been terminated (this will cost a nominal fee). Your best bet is to visit with an attorney familiar with custody and guardianship to advise you on next steps. If... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: my childs mother disclosed to me her lawyer was trying to pursue a relationship with her. she then said he fired herbut

now a week later she says he said he cant fire her and will be representing her this week when i have to appear for family court seems wrong what can i do i don't have a lawyer either?

Albin Moser
Albin Moser
answered on Sep 20, 2023

It is unethical for a lawyer to try to start a relationship with a client during a child custody case or child support case. You can file a written complaint about this with the disciplinary board. Here is some information about that:... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: would a custodial parent be able to cancel vists if you have a court ordered agreement ?
Todd B. Kotler
Todd B. Kotler
answered on Sep 20, 2023

A parent doing this in the above described situation does so at their own peril. The parent who is being prevented from exercising would have the facts where they could file a motion to have custodial parent Show Cause why they should not be held in contempt for obstructing the parenting time.

1 Answer | Asked in Divorce and Family Law for California on
Q: My husband divorced me after 20 years of marriage without my consent and did not serve me papers

I did not know I was divorced until many years later when I found out he was cheating on me and I went to an attorney to get legal advice. I was told he got all the assets and full custody, my two younger kids were 15 and 13, he never gave me a penny for alimony and used my kids against me esp my... View More

James L. Arrasmith
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answered on Sep 19, 2023

If your husband divorced you without your knowledge and consent, it may be possible to challenge the validity of the divorce proceedings in California. You should consult with an attorney to review the specific details of your case and explore potential legal actions, such as seeking to nullify the... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I request to change custody order at a different court case from my own case.

I am listed as other parent on VDOP. Mother of child and I broke up, she refused for me to have any contact or knowledge about our child (3y) until I took her to court and fought for custody time. During the 6 months that child was kept from me, the mother contacted the biological father. /child... View More

James L. Arrasmith
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answered on Sep 19, 2023

In California, you can request a modification to your visitation order within the existing court case that pertains to custody and visitation. You would typically file a motion to modify the visitation order in the same case, rather than initiating a separate case. Consult with an attorney to... View More

1 Answer | Asked in Family Law, Civil Rights and Divorce for California on
Q: Should I write a demand letter to the judge in my daughter's divorce case requesting payback for spending my money?

My money was being held in their account and they spent it all without my consent or knowledge. Their divorce is almost done they sold their home and have the money in a trust until case settles.

James L. Arrasmith
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answered on Sep 19, 2023

In your daughter's divorce case in California, it is not appropriate to write a demand letter to the judge. Instead, you should consult with an attorney to explore legal options for recovering the money that was spent without your consent or knowledge. Your attorney can advise you on the... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: While pay alimony will my new wife be at risk if ex takes me back to court for + alimony? Divorced in CO now in live AL
T. Augustus Claus
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answered on Sep 19, 2023

In situations involving alimony across multiple states, complexities arise. Generally, the state where the divorce was finalized, in this case, Colorado, retains jurisdiction over alimony matters. If you've since moved to Alabama, the process might involve transferring or recognizing the... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled to half my doin to b ex wife settlement from accident that

She was with me thru all of it

T. Augustus Claus
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answered on Sep 19, 2023

In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More

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