No cooperation with real estate agents from him… I have no problem selling to be done with him but he will not cooperate and sell… I cannot sell anything with both of our names on it without his signature. What do I do? What do you do when one party will not cooperate with a court order? It is... View More 
answered on Jul 19, 2023
Unfortunately, you should have determined the issue of unpaid taxes during discovery, in your divorce. Finding that out after the divorce is final, leaves you out of options of how to handle it. Because now that the divorce is final, you can't ask the Court for an order for him to pay any of... View More
I am getting divorced and my previous attorney signed an agreement with opposing counsel to extend discovery until 45 days before trial. My new attorney, who seems to be incompetent, filed a motion for additional discovery with the court and the judge ruled that "the discovery period is... View More
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answered on Jul 17, 2023
No one can tell you who is at fault. Armchair quarterbacking without reviewing the file would be dangerous and imprudent. Also, you knew the motion had been filed, and you also should have known there was already an agreement extending discovery. It's your case so you would have access to... View More
I am getting divorced and my previous attorney signed an agreement with opposing counsel to extend discovery until 45 days before trial. My new attorney, who seems to be incompetent, filed a motion for additional discovery with the court and the judge ruled that "the discovery period is... View More
answered on Jul 19, 2023
Not having reviewed the file at all, attorneys on this board can't advise you on this case. You can stay with your current attorney or hire another. But be advised that if you hire a new attorney, they will be expected to get up to speed on your case without a continuance, as I doubt the... View More
My wife filed for divorce, and I just served the papers. My question is, if I agree on the divorce, should I just sign the papers, or are there any forms that need to be filled out, and should we both appear at the court or not?
Thanks
answered on Jul 19, 2023
Please hire an attorney. Because it's not even clear from what you've written whether this divorce is contested or uncontested. If it's uncontested, where you can simply sign the divorce documents, you shouldn't have been served. If it's contested, I would advise you to... View More
There's property involved am I signing my rights away help me out
answered on Jul 15, 2023
Simply because a spouse wants a divorce does not mean you all are in total agreement for you to sign all of the necessary paperwork. If you do not sign, she can simply file for divorce and have you served. Then it is a contested divorce. But she will get a divorce whether you sign paperwork or... View More
What route should I take ? I am worried about having a place to live .
answered on Jul 15, 2023
For most debtors, the primary purpose of Chapter 13 is to "save the house".
Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to... View More
She wants to sign over the house to her daughter can she do this we are both on the deed
answered on Jul 15, 2023
Prior to the filing of divorce there is nothing to stop either party from distributing assets that could be considered marital property. If you want to stop the sale, transfer, or destruction of any property, I would advise you to hire an attorney and file for divorce. But to your question, if... View More
My husband cheated on me after 18 years of marriage. We were still together, happy I thought and I found him at a motel with her when he was supposed to be fishing and after sleeping with her 3 weeks he moved in with her and left me and our 16 yr old son with no job or income because he's... View More
answered on Jul 15, 2023
I’m not sure what kind of financial help you mean. You can apply for government assistance when it comes to food and housing. But I’m not sure how long those processes will take. The only way to get him to continue paying the expenses he was paying at the residence or child support would be... View More
My wife filed for divorce Feb 2022. I was never served. We were leaving separate and she did not have my address therefore she filed a order for service by publication and then an affidavit of publication followed by a rule nisi being filed. I was never informed of a hearing date. Since rule nisi... View More
answered on Jul 15, 2023
If the case was never finalized or dismissed, it is still open. If you are going to represent yourself in this action you will need to go through the process of having a court date assigned for trial. You may also consider filing an Answer unless you agree with eveyrhing she stated in her... View More
Need help filling out Domestic Relations Financial Affidavit. I have no income, we are not using lawyers, trying to do it as easy as possible.
answered on Jul 11, 2023
It is highly unorthodox for a private attorney to walk someone through how to fill out a financial affidavit or any divorce documents for free. If you don’t understand how to list your assets and expenses you could locate a family law information center, as some of the courthouses have them, and... View More
I know people in need that can use it. Spouse refuses to talk to me so we can’t discuss it. I want to make sure I won’t be in trouble if she moves forward with divorce.
answered on Jul 11, 2023
I would advise against disposing of any assets that may be considered marital property. Assets of that nature would include money in bank accounts, retirement funds, stocks, bonds, furniture, appliances, vehicles, recreational vehicles, property, clothing, jewelry, antiques, etc. You don’t want... View More
He didn't let me work due to his jealousy and also because he wanted to get citizenship through me. I basically have to do whatever he wants or he'll cut me off financially. I cant get a lawyer because I dont have the finances. He owns a business as well. He also has an order of... View More
answered on Jul 3, 2023
My best advice is to use credit, loans, family, friends, and the sale of any assets you have to hire an attorney. The attorney can then petition the court for temporary spousal support and attorneys fees so that you can attempt to obtain an order to help you pay for your lawyer and take care of... View More
I filed for divorce and have not requested anything which would be uncontested. My husband hired an attorney and I don't understand why. I just want him to sign.
answered on Jun 28, 2023
If your husband didn’t sign then your divorce wasn’t filed as an uncontested divorce to begin with. And as you have a contested divorce, he hired an attorney I’m assuming to make sure that no errors were made, as a final judgment will be final. His Answer is likely to derail if he’s... View More
Is 30 days notice needed? I have not been served divorce papers but she has scripted a custody agreement I have not consented to. She plans to take the kids on the 1st
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answered on Jun 27, 2023
No one is automatically obligated to pay bills for a home they are leaving. If her income vastly exceeds your, it is possible that the court can order her to pay some of the expenses of the marital home. You may have to prepare to pay the bills ourself, as well as child support unless you work... View More
Is 30 days notice needed? I have not been served divorce papers but she has scripted a custody agreement I have not consented to. She plans to take the kids on the 1st
answered on Jul 3, 2023
If no divorce has been filed then you can't even petition the court to have her pay any of the expenses at the marital residence. If you want your spouse to pay some of the things she was paying during the marriage, you will need to file for divorce, have her served, file proof of service,... View More
answered on Jul 11, 2023
You only need a spouse to sign certain documents in an uncontested divorce. If your spouse refuses to sign the necessary paperwork, then you have a contested divorce. But you do not have to remain married if you don’t want too. Hire an attorney and have them file the necessary documents to... View More
answered on Jun 22, 2023
If you need any support from your spouse you have to file for divorce. Only then can you get a court order for him to pay spousal support, child support, utilities, or any expenses he was paying on a temporary basis, until such time as the court can make a final determination on those matters.... View More
I have a mediation tomorrow and my NHL hockey pension will depend on the mediator's view of when common-law began.
answered on Jun 7, 2023
19 COLONIAL RECORDS OF GEORGIA, 1774-1805 (Pt. 2) 290-92 (Candler ed. 1911). Declares that the common law of England is in full force and effect unless it is inconsistent with the Georgia constitution, laws, and form of government.
Hornsby v. Smith, 191 Ga. 491, 13 SE.2d 20 (1941). Holds... View More
Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.
As joint owner, Is she within her rights to change the locks? Or... View More
answered on May 18, 2023
Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... View More
Ok, so here is the story:
My wife is a Canadian and a U.S. green card holder at the same time.
My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... View More
answered on May 17, 2023
In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... View More
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