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The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... View More 
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answered on Jun 17, 2021
If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.
Yes, I am a 30 year old man who has been married to a 65 year old woman who is a very successful financial advisor for around 2 years now. On March 20th of this year, I immigrated to the United States. She is also my sponsor to the United States. As I arrived in Utah, United States where she is... View More
answered on Jun 16, 2021
It's a little difficult to answer your question, because there is a lot of information that is missing. I am assuming that you have a two year conditional green card. I don't know if you are divorced yet. If so, you may be able to petition to keep your green card.
I would... View More
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answered on Jun 9, 2021
No, that is a setup for jail. You will probably need a Divorce to get anything back, unless you can get a Court Order to do so in the Order of Protection Case.
answered on Jun 8, 2021
While it is always advisable to hire a licensed attorney to complete your divorce, here are legal aid options in most counties that can provide guidance for pro bono divorces.
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answered on May 28, 2021
You are probably under an Order of Protection. And you are ordered not to have any contact, direct or indirect, with the petitioner. Nothing prevents her from contacting you and setting you up for jail. Hire a competent attorney to represent you, which would include explaining this to you.
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answered on May 28, 2021
Generally a defendant has 30 days after service upon him to file and serve his answer.
There may be other motions, proceedings, etc. however, which need to be addressed also. If there is property and/or children involved, hire an attorney to represent you.
My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... View More
answered on May 27, 2021
Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.
Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?
answered on May 20, 2021
I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.
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answered on May 17, 2021
Have you checked with the Court Clerk? You need to physically look at the File, which may be difficult to find. Hopefully there is an Order and maybe some Minutes. If not, then you may need a lawyer to get an Order Nunc Pro Tunc entered, or a new Divorce Action.
Or are the orders still enforceable?
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answered on May 10, 2021
Generally the Final Decree is the only Order to be concerned with. But you will need your attorney to examine your Case and advise. It is possible other Orders are still enforceable, and post divorce jurisdiction is retained under that Docket Number.
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answered on May 5, 2021
I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.
answered on Apr 21, 2021
Typically, a Plaintiff may dismiss a case under Rule 41 without the other party's consent. If there is a pending counter-claim by the defendant, the counter-claim would not be dismissed. So under the limited facts provided, if your spouse filed for divorce and there was no counter-claim, the... View More
I also pay my wife's car note
answered on Apr 5, 2021
Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for... View More
The husband now has an infant son and cannot support both an ex and a son on one income
answered on Mar 26, 2021
It depends on which county you are filing your divorce in. Most county court websites hold some divorce documents. I would start my search there. However, you may want to consult an experienced licensed divorce attorney to ensure that you are headed in the right direction.
Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... View More
answered on Mar 12, 2021
Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.
If there is a... View More
I’m living in Tennessee now
answered on Mar 5, 2021
Thank you for your question. Jurisdiction is tricky, especially when time passes and spouses move to different states.
I cannot speak to Mississippi or Virginia law, as I am not licensed in those states. However, if you have been a resident of Tennessee for more than 6 months, you may be... View More
I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.
answered on Mar 3, 2021
Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
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answered on Mar 2, 2021
Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... View More
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answered on Feb 8, 2021
Obviously you need to hire a competent attorney. It does not appear you will be able to properly represent yourself.
answered on Jan 18, 2021
An attorney would need to review the order(s) to give you an answer.
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