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Divorce Questions & Answers

Q: How can I get a divorce if I was married in a different state

1 Answer | Asked in Divorce for Georgia on Sep 2, 2015

Answered on Sep 4, 2015

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Julie A. Rice's answer
Most likely you will need to file where your spouse lives as that is where the court will have jurisdiction over him/her for the divorce.

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Q: The petitioner in the Divorce in California will not move forward after I have been served and responded to the courts.

1 Answer | Asked in Divorce for Colorado on Sep 4, 2015

Answered on Sep 4, 2015

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Robert Jason De Groot's answer
What you need to do is consult with an attorney where she is. There might be a solid reason to dismiss the case.

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Q: Can I move furniture If my divorce is not final? I have moved out but want to get some large items out now.

1 Answer | Asked in Divorce for Texas on Sep 4, 2015

Answered on Sep 4, 2015

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Robert Jason De Groot's answer
Ask your attorney, and if you do not have one, get one on your side.

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Q: In the middle of divorce and believe my wife has serious mental illness..what can i do concerning custody of our 3yr old

2 Answers | Asked in Divorce for Florida on Sep 3, 2015

Answered on Sep 4, 2015

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Robert Jason De Groot's answer
Get an attorney on your side. Did you expect some other answer? Yes, you might have something very important here. Read the provisions of F.S. 61.13(3)

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Q: If I open an individual checking during a divorce, & all the money in it is from after she left, can she still get half?

1 Answer | Asked in Divorce for California on Sep 3, 2015

Answered on Sep 3, 2015

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Andy Chen's answer
No. If she has moved out and a divorce has been filed, then you\'re considered separated already, although still married. Statute (Family Code 771(a)) says that each spouse\'s earnings after separation are their separate property. If you take your current, post-separation salary and put it in to a newly-opened bank account, that account should only have separate property in it which means your wife does not get half.

Andy

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Q: Got divorce in Mexico, now she is asking me to pay her credit card debt

1 Answer | Asked in Bankruptcy, Divorce and Immigration Law for California on Sep 3, 2015

Answered on Sep 3, 2015

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Shan Dimitris Potts' answer
Do not worry, your green card will not be affected, and she can not take your green card away just like that. If you have had this green card for more than 5 years and you get divorced you may be able to apply for citizenship. Talk to an immigration attorney to help you with this process. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...

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Q: Can a divorce memorandum signed at mediation be amended before the finalized legal document is signed and filed?

1 Answer | Asked in Divorce for Georgia on Aug 29, 2015

Answered on Sep 1, 2015

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Julie A. Rice's answer
Whether or not the judge agrees with you is up to the judge, but the time to bring it up is now and not later.

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Q: My estranged husband just got engaged

1 Answer | Asked in Divorce and Family Law for Utah on Aug 21, 2015

Answered on Sep 1, 2015

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Jefferson S Cannon's answer
I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have children. Procreative rights are a very difficult subject in the courts and your agreement would probably be seen as an agreement between the two of you and not others. Suppose for example the other two...

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Q: I was deceived into sponsoring my brother, his wife and sons. My brother and wife are not actually together.

1 Answer | Asked in Divorce, Family Law and Immigration Law for Texas on Aug 30, 2015

Answered on Aug 31, 2015

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Camlinh Nguyen Rogers' answer
The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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Q: How long does it take for a person who married a Us Citizen to get permanent Green Card?

1 Answer | Asked in Divorce and Immigration Law for California on Aug 31, 2015

Answered on Aug 31, 2015

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Camlinh Nguyen Rogers' answer
The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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Q: my husband used me to get a green card and bring his child to the US and now left me what can i do?

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on Aug 30, 2015

Answered on Aug 31, 2015

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Shan Dimitris Potts' answer
It depends on a few other things, and this is not something that can be discussed on a public forum such as this one. I suggest you talk to an immigration attorney in private. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you...

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Q: Does a child support check need to come from a bank account with the payor\\\'s name on it or can a girlfriend pay it?

2 Answers | Asked in Divorce for Oklahoma on Aug 30, 2015

Answered on Aug 30, 2015

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Timothy J. Pickens' answer
Anyone can pay. But, whoever pays better clearly print on the check that the payment is specically for ChildSupport and print the name of who owes the ChildSupport. Contact a local Oklahoma Attorney to assist you further. TJP

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Q: joint custody

1 Answer | Asked in Divorce for California on Aug 26, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
Joint means custody is shared. It does not mean the custody has to be 50/50. Having the kids live with one parent during the week and then the other parent having visitation on the weekends is extremely common.

Andy

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Q: I filled out divorce questions online and went through but i had not paid yet how do i cancel that process ?

1 Answer | Asked in Divorce for California on Aug 29, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
It may depend on the county in which you\'re in, but I am not aware of any county in California where a divorce can be filed online. You have to go to the family court in your county, bring the right forms, pay the $435 filing fee (or get a waiver) and then have the clerk stamp copies and give them back to you.

I don\'t know what you filled out online, but I don\'t think you actually started a case in which case there is nothing to cancel.

Andy

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Q: I have been separated and living apart from my ex since July 2009, he refused to divorce me and there is no Legal

1 Answer | Asked in Divorce for Ohio on Aug 29, 2015

Answered on Aug 30, 2015

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Matthew Williams' answer
You are still married and need to get a divorce. Not all divorces are agreed upon. Hopefully, you know where to find your husband. File paperwork for a contested divorce. Getting an attorney would be a good idea.

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Q: In Ohio, can you file for a dissolution after 20 years of marriage?

1 Answer | Asked in Divorce for Ohio on Aug 29, 2015

Answered on Aug 30, 2015

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Matthew Williams' answer
Yes. Dissolution is merely a no-fault, agreed upon divorce proceeding. The requirements are: (1) jurisdiction and venue--at least one party must have resided in Ohio for the past six months or more and the dissolution must be filed in a court with jurisdiction over the place in which at least one party resides; (2) separation agreement--both parties must voluntarily agree to the dissolution and complete paper work outlining the distribution of property and parental rights and making provisions...

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Q: Husband and I going through divorce. We have a child. We come to an agreement. It was signed, notarized and filed at the

2 Answers | Asked in Divorce and Family Law for Florida on Aug 29, 2015

Answered on Aug 29, 2015

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Robert Jason De Groot's answer
He has to agree to a modification of the agreement in order for it to be changed. That could perhaps be in an addendum to it.

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Q: If I terminate my rights as a father will I still have to pay the child support that is court ordered through our divorc

1 Answer | Asked in Divorce for Georgia on Aug 27, 2015

Answered on Aug 28, 2015

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Julie A. Rice's answer
You can\'t just terminate your rights unless the mother wants you to terminate your rights. If there is someone else who wants to adopt your child, then you can terminate your rights. If you want to terminate your rights just so you don\'t have to pay child support let me put it this way; THAT IS LAME! Georgia courts consider child support a right of the child and not a right of the parents so you are going to pay unless and until someone wants to adopt the child so wake up and be a father...

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