Get free answers to your Divorce legal questions from lawyers in your area.
He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... View More 
answered on Jan 20, 2023
Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.
At this juncture, you... View More
she paid taxes& the judge believed her lies with no proof of paying anything, which she never did& the judge gave her our property. And also my name is also on the property, its in mine and my fathers name, how can a judge give away something that my name is on also?? is that legal, how... View More
answered on Jan 5, 2023
A couple things: you recognize that the property is also your father's? When you own stuff with another person as joint tenants, the entirety of the property can stand for the debt of either tenant. This is a big reason why most lawyers and financial professionals advise people not to jointly... View More
my divorce be null and void since I was forced to comply with the divorce decree under duress? My Lawyer was known for making motions. He filed only 1 in my case and he wasn't even present for it. I was so poorly represented and my lawyer was doing nothing to help me, even though I sent... View More
answered on Dec 23, 2022
No, it will not nullify your divorce. Was it a consent judgment or did you go to trial?
As an aside, being "known for making motions" isn't necessarily a hallmark of quality lawyering.
She claims to have paperwork for the cats, I've been taking care of them for over 2 years
answered on Dec 12, 2022
Did it say anything about the cats? Animals are considered personal property so you'd want to rely on what the judgment of divorce says about that. If nothing is mentioned, you need to decide whether this is worth the fight or not.
, if one party is beneficiary of a life insurance policy or annuity on the life of the other party, the beneficiary shall now be the estate of the insured party. The insured party is responsible for notifying the insurance co. of this order. This order shall not prevent or affect beneficiary... View More
answered on Nov 29, 2022
No. It's standard language. He can, and should, change his beneficiary designations, as should you.
The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... View More
answered on Nov 5, 2022
You will need to address the issue with the Maryland court if there is no agreement on the issue.
Need this done ASAP. Married May 2022. Never lived together. Do not have children together nor any assets together. Just want paperwork filled out properly and as fast as possible to get annulment finalized.
answered on Oct 13, 2022
There's a 60-day waiting period for this to be finalized anyway. Best advice would be to contact a local family law attorney who is familiar with how your court and the judges do things.
Paperwork into the court because he still wanted to be married. Now he is being supena to go to court on October 24th
He agreed to pay alimony. She is now living with the father of her new child. Does my son have any legal recourse being that she lied. It also proves she committed adultery. My son does not feel he should have to pay alimony to provide for her new family.
answered on Oct 3, 2022
Possibly. He should retain an attorney to look into post-judgment relief.
My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... View More
answered on Sep 21, 2022
Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... View More
answered on Sep 21, 2022
Marital assets need to be divvied up in a “roughly congruent manner” during a divorce case. Real property acquired during the marriage constitutes a marital asset.
If the parties can’t agree as to the value of the house and who should keep it in exchange for buying out the other... View More
I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?
answered on Sep 21, 2022
You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... View More
Dear Justia Lawyer,
My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... View More
answered on Sep 21, 2022
The easiest way to correct this issue would be to draft and submit a proposed consent order to amend the judgment. This would require your ex husband to sign the same. Due to the age, however, of the issue, the judge may not agree to sign the order. If this is the case, then you should consider... View More
We bought the home in may of 2021 with my money. We married in October 2021 and selling our home in October 2022. Is she entitled to half of the equity check?
answered on Sep 16, 2022
Quite likely, yes. Once you married, and she moved in, your house became "our house".
We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... View More
answered on Sep 5, 2022
A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... View More
answered on Aug 31, 2022
Very fact-dependent, but yes. Attorney fees are possible under a specific court rule, statute, or by agreement. When criteria is met, the request can be made. And it's not uncommon for some attorneys to ask repeatedly when they believe they have appropriate grounds.
answered on Aug 13, 2022
No. A verbal agreement made on the record has the same effect as if in writing. Sometimes, there may be a dispute about the fine details of the agreement. For example, if you agreed to sell the house, but never indicated when, the judge will enforce the sale of the house, and if one party asks the... View More
It says court Does not retain jurisdiction over negotiations between the parties through counsel..
This where it was defendant's family home for 50 years, plaintiff did not want the house. During divorce trial they stated she did not want it, this was all defendant ask for. Court... View More
answered on Aug 10, 2022
What you are seeing in writing would be in the the judgment of divorce. In a divorce, the court does have jurisdiction over the marital assets. When the parties don't agree, it's the court's job to make an order. And the court retains jurisdiction to enforce that order.
Is there a form she can sign off on?
We have been married 9 years. The value of the 401k has gone from approx. 23k to 46k. If it weren't for our equal sharing of bills she never would have been contributing as much to get it to the current amount. She has always made slightly more income wise than me over the entirety of our marriage
answered on Aug 3, 2022
Yes, you may be entitled to an equitable share of her retirement account. Of course, your accounts would be subject to division as well.
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