We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »
Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »
You can; however, in most cases, a party files with fault based grounds, with ID as an alternative. If you end up coming to an agreement with the other party, then you can agree to proceed as an ID divorce.
It depends on what you want to accomplish.
If you want to get divorce, an attempt to get married to another woman would be persuasive evidence in establishing adultery. If you want to get the second marriage set aside, you could petition the chancery court for a declaratory judgment to... Read more »
Please feel free to contact our office to discuss both of these matters.
Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given... Read more »
Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.
It really depends. Seeing that you have this down as a divorce matter, depending on how the property settlement agreement is structured, you may indeed end up responsible for half of the payment.
He will need to sign a stipulation indicating such. It may be a good idea to have a DNA test done and attach the results as an exhibit, if not then have the biological father acknowledge paternity.
It really depends on what the temporary order says. Typically, there are no travel restrictions unless specifically stated in the order.
You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »
What are the advantages of a fault divorce?
You can. As far as the advantages, if the other party does not agree to the ID divorce, then you can put on testimony to establish the fault based grounds.
He didn't pay from 2006-2014
Yes, you can initiate a contempt action against the other parent on behalf of the minor child.
We live in separate states. Me Mississippi him Georgia. We have 2 kids. I don't want child support or anything just a divorce. We have been separated 7 years and have almost zero contact. I have no number or address for him. Im looking for the steps if I filed without a lawyer and the cost of... Read more »
Since he lives in Georgia, unless he contests it, it should be relatively straightforward and inexpensive. I would encourage you to reach out to an attorney to further discuss. Most attorneys on here, myself included, provide free consultations to see how we can help out.
I've made it clear I don't want him at my house while she is moving her stuff out. If I show up and he is there, what would happen if I shot him in the knee or something but didn't kill him?
You may likely be charged with aggravated assault, and look at significant jail time. That being said, your best bet would be to advise in writing that he is not to enter the property. It would also be a good idea to have local law enforcement present.
And is the financial status or assets of a step-parent relevant in modifications?
i dont think you have to provide financial status because in the application form of child support by Mississippi department of human service, i did not find any such financial status information. they ask for your social security number. follow this link to see :... Read more »
wife asked me to leave in september. i took nothing that we acquired together. what are my rights, is there anything that she can force me to do ie. alimony
If she wants to get alimony from you, she will have to sue you for divorce and request it. That being said, you can both file a joint petition for divorce, and agree that everyone can go their separate ways.
i actually don't want to sign the final judgment papers, we live in MS so what are my options at this time. I want to try to reconcile if possible with him. Will the divorce be final without me signing the final papers.
If you signed the property settlement agreement, that is akin to a contract, which in turn would be enforceable regardless of the divorce, unless the agreement says that it is contingent on the final divorce. Regardless, they divorce itself may not be final until you either sign off on an agreed... Read more »
Part of our property settlement agreement in final divorce papers was for my ex-spouse to pay me $800 a month for 12 months for his share of the marital debt. The first payment was due in June of this year. He has made all payments on time up until this month, and he is now a week late. What is the... Read more »
You should probably send a certified letter, and then if he does not cooperate, talk to an attorney about initiating a contempt action against your ex.
Is it legal? Yes. Is it advisable? Certainly not, especially if the parties are contemplating a divorce.
You can sue her for divorce under a fault-based ground, such as abandonment/desertion of the marriage.
I live in Mississippi. I have a 3 year old with my ex husband. I got married to my mew husband on June 22 2018. My ex filed for contempt of court on August 14 2018 that i am cohabitating with a live in boyfriend (my husband). Also on the contemp of court papers he put my now married name on them.
You could respond to the complaint, and request reimbursement of attorney fees for him filing a frivolous contempt action.
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