Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of... View More

The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all... View More

You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it... View More

What you will need to do is ask for the latest statement through the discovery process. He is supposed to provide you with that within thirty days of service of the petition for dissolution. Also, if it is a PERS Tier 1 or Tier 2 account, the face amount is usually much lower that the actuarial... View More

I seriously doubt she wants to take you back to court on the issue of whether her check is directly deposited or sent to her. My guess is she is mad about something else. That said, I don't understand the direct deposit issue. If a check is sent to her with her name on it by your company,... View More

There is really no rule as to who has the social security card of the child in a divorce when there is joint custody. Joint custody assumes that the parents are able to agree to a place in which the card will be kept. Probably what should happen is the parties agree to place the card in a safe... View More

If it is no longer your residence, you are no longer a tenant. You do, however, have a legal right to recover your personal property. Whether you can legally enter without your husband's permission may depend upon a variety of exact details. The safest approach is to sue him for return of the... View More

Assuming the net values of the home and the 401(k) account are approximately equal, your spouse's proposal makes sense. There is much more to it than that though, and I encourage you to consult with an attorney in your area who handles divorce cases. Generally, in a long term marriage, the... View More

Usually a civil pension (pre-retirement) is divided in a divorce a part of the property division. However the court when setting the amount of spousal support will take into account how much income each spouse has at the time that the spousal support is going to be paid. So if at the time of the... View More

Child support is a given. It will be based on what income you both have at the time of the divorce. If she gets a future inheritance that somehow increases her ability to earn money, such as investment income, or which reduces her presumed living expenses, you can always go back to court and ask... View More

In a dissolution of marriage, there is not a specific person that has to move from the home. What you would need to do is look into filing a temporary motion for exclusive use of the marital residence. If the dissolution was filed in Oregon, Oregon has jurisdiction of the property acquired during... View More

Depending upon the exact facts, you may need to file a lawsuit to have him ejected. You should also talk to your divorce attorney to see if there is a way to get him found in contempt of court.

A divorce court always has jurisdiction to convey real estate owned by one spouse in the course of a divorce. It doesn't matter that the house is in your name only. The court will consider the house as being marital property from the date you got married. You should be able to argue... View More

Check with the court but I don't think the divorce is held up for the fees. You just have to pay the fees or the court will get a judgment against you for the balance due.

Nope. He is legally an adult and he go live where ever he wants and visit whoever he wants. However he would still be entitled to cause child support to be paid if the divorce decree specifies that there is child support until he is 21 years old and continues to be a full time student. The child... View More

A judgement in a divorce would not be subject to contractual remedies unless it was a stipulated Judgment. A stipulated Judgment is basically when the parties reach an agreement and they both sign the Judgment as having stipulated to the Judgment and a Judge will also sign the Judgment.... View More

Answering from a New York perspective, yes he can sell the house without your permission.

With the help of an attorney you can get a special order from the court outlining what steps you can take to alternatively serve someone when conventional service isn't possible. You are going to need an attorney to help you as there isn't a form for this in the courthouse or on line.... View More

If the home was acquired during the marriage, there is a presumption that each spouse contributed equally to the home and the court will divide the home equity equally on divorce. If you can rebut the presumption and prove that your spouse did not contribute to the acquisition of the home, then... View More

This depends on the county where she filed. She can call the county courthouse and ask the. She normally would have 60 days before the court will start sending her notices stating that the case will be dismissed if she doesn't file proof of service or appear in the court asking for more... View More