There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens... View More 
answered on Aug 12, 2019
You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.
Manic depression since 18, unmedicated and reacted impulsively in a manic state resulted in divorce. Both parties had no real property to divide and regret the divorce. Have reconcilled and need the divorce undone. Can it happen and how
answered on Aug 12, 2019
If the judgment for a divorce was less than 30 days ago, then you can have the divorce set aside. You will need an attorney to assist you. If it has been more than 30 days, then you will need to get remarried.
We have A two year old son, and the reason for the divorce is him committing adultery. We are both residing in two different states.
answered on Aug 12, 2019
The first step in the divorce process if figuring out what you want in the divorce, and what you expect your life to look like after the divorce. Then you file a petition for divorce, along with a proposed parenting plan, with the court and make sure he gets served with a copy of the petition.... View More
Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... View More
answered on Jul 19, 2019
To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by... View More
Going through a divorce, spouse is unstable but threatens occassionally to come take my child. When he has not provided for them in years
answered on Jul 11, 2019
Until the court grants custody to one of you or the other, both parent have equal access to the children. If you want to keep him from taking the children then you need to talk to an attorney local to you, and seek temporary custody as soon as possible.
I will not be able to pay our debts if he goes to jail should we file bankruptcy before divorce? While he is dealing with his criminal charges?
answered on Jul 7, 2019
Without knowing your debts, no attorney can answer intelligently.
.
Consult directly with a bankruptcy lawyer
I inherited two properties when my parents passed away. My husband is wanting a divorce, and says he is going to try to take away one of the properties. If the properties were inherited to me are they subject to division during the divorce? We were married when I inherited the property.
answered on Jun 27, 2019
Property that is inherited by one spouse - even during the marriage - is specifically excluded from what is defined as "marital property" in Missouri and is not subject to division. However, this isn't usually the end of the conversation.
It is possible to convert separate... View More
My wife has refused to let me see the kids for 9 days. She served me, and I'm in the process of getting a lawyer, but every lawyer in town had a week to 2 week wait to see them. My first appointment comes in 2 days. She claims she has the right to keep them indefinately until I have an order,... View More
answered on Jun 25, 2019
She's completely wrong. If the two of you are married, and there is no order dictating otherwise, then you have the same right to the kids as she does. You may see your kids whenever you wish.
Both my ex-husband and I have moved to MO. Need this changed so we can look into changing the custody arrangement and use DSS in MO to enforce child support. How do I start this process?
answered on Jun 2, 2019
If you already have a divorce decree and you are looking to modify your parenting plan, you would need to register the South Dakota Judgment in Missouri and file a motion to modify. You should contact a lawyer to assist you. If you just need the child support enforcement moved, you can contact the... View More
Husband is in the Army. He is stationed in the states. We got married in PR a few months ago. We have a daughter together.
answered on May 25, 2019
You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last... View More
The reason I want to do this is because she took our 20000 dollars in savings and put it into an account I have no access to. Also the reason I ask is that I give her 350 dollars a week and feel it's not right if she decided to do that.
answered on May 23, 2019
It is your right to deposit your money into your own account. However, the structure of the account does not convert the funds to a non-marital asset. Your income and her income are considered marital property regardless of how the account is set up. Similar to a vehicle purchased during the... View More
She refused to speak to me or with me around anyone else that can help. If she doesn't want to be in a marriage anymore then I do not are to give her the things she wants.
answered on May 22, 2019
If it is your wife's cell phone and your wife's vehicle, then the answer would be yes it would be fraudulent as you would not have the authority to interfere with her contract with her cell phone provider or transfer legal title in her vehicle. If there is a court order requiring you to... View More
My parents have been divorced a long time ago. My mother has a legally binding agreement that states she will receive a percentage of my father's retirement funds. He has not paid her anything since child support(2003), she's been scared of him because of the physical abuse from him in... View More
answered on May 20, 2019
In all likelihood she will need to enforce the Judgment in the same state as the divorce judgment. If she is dealing with retirement funds, then a qualified domestic relations order (QDRO) or Division of Benefits Order should have been referenced within the divorce decree and drafted shortly... View More
Soon to be wife offered job out of state. We decided that it would be best for her to take the job, move there, and search for marital home. She purchased a home and roughly a month later she flew back, we got married, and we both moved into the new property in the new state.
answered on Apr 15, 2019
Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage;... View More
answered on Mar 28, 2019
As long as you and the child's father are in agreement, you can give your child whatever name you want.
I'm asking on behalf of my boyfriend, who is unfortunately still married to his ex. They have been separated for going on 4 years now and he and I are wanting to get married and this is preventing that.
answered on Feb 24, 2019
If the parties agree on how to divide all of their assets and debts as well as all other issues, such as parenting time and child support then it would be relatively quick. Assuming complete cooperation by both parties a divorce can be finalized within 6-8 weeks. However, if there is even one... View More
Hello,
I am wanting to know about a soon to be divorce. My wife is going to serve me papers sometime and I want the wedding ring back. It was a $2,500 ring from Kay and she ended up pawning it and lost it due to non-payment. How can a recoup the funds used for the ring since I am going... View More
answered on Feb 14, 2019
There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a... View More
We have five children together, he was served but a court date wasn’t scheduled. He is aware that we moved, we moved because he stopped providing support.
answered on Feb 1, 2019
Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance... View More
Living in same city can I request to see my kids daily or multiple times a week? The kids spend 75% time with me since birth because the mom is in NJ working most of the year. She is promising to remain in the same city and work locally. I was told that anytime a non-custodial with joint custody... View More
answered on Jan 17, 2019
There is no minimum or maximum amount of time a non-residential parent may be allowed to see his or her children. The court's take the parents' schedules and relationships with the children into consideration; and sometimes it depends on the judge's personal preferences. Many... View More
sole owner prior to marriage? It is my only income and has been for many years? What do I do? Would it be fair to request alimony in MO?
answered on Jan 9, 2019
When spouses own a business, one of two things happens once a business evaluation is done: one spouse buys out the other spouse or the business is dissolved and each spouse paid their portion. Maintenance (formerly known as alimony) may be an option but depends on the assets of the parties and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
