Married November 2014. Separated February 2016. She left the marriage. She file was divorce and asked alimony for $400 a month in alimony for 2 years. She feels I owe her money on accounts that were all under her name.
Alimony is based on her need and your ability to pay. Since your intact marriage lasted sixteen months an alimony award is unlikely.
Usually, a process server is used to serve dissolution of marriage documents. It is best for you to contact an attorney for assistance with preparation of the documents and effectuating service.
I was handed divorce papers my wife filed
can just anybody serve me or is a process servor required?
You are bound by the rules regarding serving of process of the state in which service was made. If CA allows such service, it is good service. Consult with a CA lawyer for more information. Good luck.
She has a live in boyfriend and his two children. I would like custody of my children as I am able to provide for them if I am not paying mortgage for a home I am not living in.
You are always going to share your children with the mother. If you want to alter the timesharing schedule then you need to return to court on a Petition for Modification. There you can explain to the court why the schedule should be changed.
She had affairs when we were together and they’re not mine
Have you and your children submitted to DNA testing to confirm paternity or the lack thereof?
I have been served divorce papers from Frederick Co, Maryland. I reside in St. Johns County, Florida. There is a hearing on 9/20/19, I cannot attend due to lack of funds and I must work. How do I respond to the filing? How do I respond to the divorce papers? The papers say I need to respond,... Read more »
You need to contact an attorney in Maryland for guidance. You can also call the phone number on the papers that you received and tell them that you cannot make the 9-20 hearing. It may be possible for you to appear by telephone.
I have both little girls and he pays me 40$/mo for both. He makes 15$/hr. He doesn't pay any other expenses....
It may be best to file a divorce action since child support and timeshare are usually handled as part of the divorce proceedings.
my wife will not move out (she says she will but last time she would not let any realtor in or buyer -- after 6 months away I had to come back because I can not afford 2 housing payments. she says she is game to sell but how long can she stay in the house after a court order to sell? she has no... Read more »
If you are in court then the judge will order the house sold. If one party does not cooperate then you go back to court for enforcement. There are no set time frames. Either the parties agree or the judge orders the deadlines.
My ex-wife and I divorced almost 5 years ago. At the time we were underwater in our current home, so selling wasn't an option for either of us. She couldn't afford the mortgage, so I stayed in the property with a clause in our divorce papers that I would try to refinance. I tried the first 3 years... Read more »
In order to properly answer your question, a review of your marital settlement agreement and final judgment is required. If the house is properly addressed in there, then you can file enforcement documents in your divorce case. I would recommend having an attorney review your documents and help... Read more »
He has been spending a fortune lately on dating girls, extravagant trips, clothes, gifts, cars, boat, motorcycles etc. Will all the money he spent over the past 3-6 months be considered when dividing assets. He offered me $2500 to rent a house. (He spends more than that to feed his cows!) No... Read more »
Any alimony award is based on one party's need and the other party's ability to pay. As long as you remain married all financial decisions are considered joint, whether you participate or not. If and when you file for divorce the court can look back two years for dissipation or marital waste of the... Read more »
I have him after not seeing him for 3 weeks because his dad wouldn’t allow me to get him and now I’ve only had him for 2 days and he is demanding that I bring him back home . When I said no he said he has primary custody of him and if I didn’t bring him back that he would have me put in jail.... Read more »
You should have a parenting plan which defines your time and his time. He cannot block you from having your time. If he does then you need to go to court and tell the judge. There is no "primary custody." The child is shared and you are entitled to your time per the court ordered parenting plan.
I filled for divorce almost 2 months ago and my husband was served within a day or so of me filing. He did not file a response and I have not filed a motion to default. I received a letter for a final hearing next month which has the motion to default as one of the required forms to bring. We have... Read more »
This is the judge's way of moving the case forward. Since you have no kids or shared property and he was served there is no other work to be done. If you want something different to happen it is your responsibility to notify the judge prior to the scheduled hearing.
I didnt get a chance to fill out forms and I want to contest it and it is labeled as uncontested how can I motion to change it?
You need to ask at the hearing today for more time and explain why you need it.
I had a child while being married to my husband (after we got separated). Now we both would like to end our marriage as soon and easy as possible. He signed affidavit of non-paternity. Can we file for simplified divorce in Florida and state that we don't have kids on the petition?
Yes, however, the judge may require that Paternity be established by the biological Father prior to granting you a judgment for dissolution of marriage. Good luck!
Option.
The most inexpensive way to go is to go to the courthouse and purchase a Dissolution of Marriage kit. It costs about $25.00 and you can do it yourself. Alternatively, for about $300 to $500, you can go on-line and look for a Dissolution of Marriage form preparer . Good luck!
I am 17 years old and a citizen of The United States. When I was 8 my custody was granted to my mom when she got divorced. Later she immigrated to the United States and brought me along. She now bought me a plane ticket and are forcing me to go back to My dad who lives in China. Does she have the... Read more »
You would have to consult with an expert on the laws of China to determine whether your father could "refuse to accept" you. But if your mother has custody of you she can, until you reach the age of majority, require you to take the flight.
If they were joint liabilities then you are responsible also, regardless of what your divorce decree says. You can go back to divorce court if your ex had agreed to pay the liabilities but that will not necessarily change your credit report.
In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support? I want the mother to have visitation but ultimately the child... Read more »
Sorry, but unless you can find a circuit court judge in your area who is willing to give you full custody you will probably never be able to avoid paying some reasonable amount of child support to the mother of your child. FYI, judges rarely award full custody to either parent--unless there is some... Read more »
We are about to go through a divorce and this is the first action she is wanting to do. She is currently out of town cheating on me so now my focus is me keeping custody of my son. She is saying she is going to move next month now that I've caught her but she's saying she taking my son with her. We... Read more »
It wouldn't make much sense to seek a TRO after she moves and takes the child with her because at that stage you would be seeking to restrain her from doing something she would have already done. Find a family law attorney and file for temporary orders immediately.
In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support?
In Florida children are shared. That is why it is not "custody" but timesharing. What you are asking about is how to get more time. The answer is by being the best parent that you can and putting your child's best interest ahead of your own. You are going to share the child with the mother until... Read more »
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