Divorce Questions & Answers by State
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Divorce Questions & Answers
Q: Can you tell me if something needs to be served 14 days prior to a divorce trial?
Tristan Kenyon Schultz's answer
Which documents do you need to file (some require personal service and others can be mailed/efiled/etc)? Contact the Family Court Facilitator (found on the notification of the initial status conference form that you should have from the court) for guidance.
Which documents do you need to file (some require personal service and others can be mailed/efiled/etc)? Contact the Family Court Facilitator (found on the notification of the initial status conference form that you should have from the court) for guidance.
Q: Can I still get a motion to modify child support if my daughter is staying with family?
Tristan Kenyon Schultz's answer
If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).
If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).
Q: Retroactive child support when we do no mutually agree to a change in physical care occurred?
Tristan Kenyon Schultz's answer
(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test (here:http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ) - if you meet the test you can claim the child(ren). Turning to your chances, it is hard to say without reviewing your case - you will be...
(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test (here:http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ) - if you meet the test you can claim the child(ren). Turning to your chances, it is hard to say without reviewing your case - you will be...
Q: Complicated
Megan R. House's answer
Hiding things from your attorney does nothing but put both of you in a vulnerable situation. Tell him or her immediately and discuss it with them.
Hiding things from your attorney does nothing but put both of you in a vulnerable situation. Tell him or her immediately and discuss it with them.
Q: I have a 5 year old and 7 year old. I'm divorced. Do I have to let her know where I live?
Tristan Kenyon Schultz's answer
First review your separation/custody agreement to see if you are required to disclose your address (most require disclosure). As a general rule, you are required to disclose your address if there is an exchange of the children or you are lawfully exercising you parenting time. If you are only paying child support to the Child Support Office, the office will need your address, but your ex may not necessarily need your address. If your ex is causing problems at your residence you can call the...
First review your separation/custody agreement to see if you are required to disclose your address (most require disclosure). As a general rule, you are required to disclose your address if there is an exchange of the children or you are lawfully exercising you parenting time. If you are only paying child support to the Child Support Office, the office will need your address, but your ex may not necessarily need your address. If your ex is causing problems at your residence you can call the...
Q: I need representation for a divorce, my husband filed. What are my options. I have no money up front.
Israel Piedra's answer
You may qualify for legal aid. Read more here: https://www.nhbar.org/for-the-public/free-legal-services.asp
You may qualify for legal aid. Read more here: https://www.nhbar.org/for-the-public/free-legal-services.asp
Q: Can the daughter file suit against her father for payment of student loan?
Julie A. Rice's answer
The party that should file the action for contempt should be the mother unless the daughter was a party to the original suit. The court does not have any jurisdiction over the child.
The party that should file the action for contempt should be the mother unless the daughter was a party to the original suit. The court does not have any jurisdiction over the child.
Q: How do you stop a default divorce proceeding?
Leonard R. Boyer's answer
You need to retain an attorney. If you can't afford an attorney you need to contact legal services and the local law school legal clinics and the County Bar Association. Good luck.
You need to retain an attorney. If you can't afford an attorney you need to contact legal services and the local law school legal clinics and the County Bar Association. Good luck.
Q: My husband has 2 children with his ex-wife. They divorced without a custody agreement or child support agreement.
Julie A. Rice's answer
First, in GA it is almost unheard of that there is a divorce, especially with children, where there is not a court order that sets forth the rules. Press your husband to look at this final judgement and decree and his settlement agreement. If he can't find it, then go to the court and look it up. Then you can file for a modification of child custody, suppert (if he's not behind), and visitation. You will have to show that that has been a significant change of circumstances, and the judge...
First, in GA it is almost unheard of that there is a divorce, especially with children, where there is not a court order that sets forth the rules. Press your husband to look at this final judgement and decree and his settlement agreement. If he can't find it, then go to the court and look it up. Then you can file for a modification of child custody, suppert (if he's not behind), and visitation. You will have to show that that has been a significant change of circumstances, and the judge...
Q: Can i file for divorce in Indiana when im stationed in another state?
Melissa Averett's answer
You may want to ask this again under Indiana. Under NC law, and in most states, you have to have lived in that state for at least 6 months before you can file for divorce. Each state has laws about how long you have to be separated. In NC, you have to have been separated a full year before you can file for divorce.
You may want to ask this again under Indiana. Under NC law, and in most states, you have to have lived in that state for at least 6 months before you can file for divorce. Each state has laws about how long you have to be separated. In NC, you have to have been separated a full year before you can file for divorce.
Q: I would just like to know how much it cost for a simple divorce
Melissa Averett's answer
It depends. The filing fee paid to the court in NC is $225.00, if you add a name change, its $235.00. You need to serve the paperwork... if you serve by sheriff, its $30.00. If you serve it by certified mail, its more like $7.00. If your ex accepts service, then its zero. If you have to serve by publication because you don't have an address for your ex, or if you have to serve him/her out of the country, it can be hundreds. You can draft the paperwork yourself (free), but you risk doing it...
It depends. The filing fee paid to the court in NC is $225.00, if you add a name change, its $235.00. You need to serve the paperwork... if you serve by sheriff, its $30.00. If you serve it by certified mail, its more like $7.00. If your ex accepts service, then its zero. If you have to serve by publication because you don't have an address for your ex, or if you have to serve him/her out of the country, it can be hundreds. You can draft the paperwork yourself (free), but you risk doing it...
Q: Is child support mandatory if parents agree on financial responsibilities for our child during divorce?
Julie A. Rice's answer
Yes, child support is a right of the child, not the right of the parents. See also the following website that will determine how cs is set in light of what each of you had agreed to undertake in the rearing of your child: http://dcss.dhs.georgia.gov
Yes, child support is a right of the child, not the right of the parents. See also the following website that will determine how cs is set in light of what each of you had agreed to undertake in the rearing of your child: http://dcss.dhs.georgia.gov
Q: My parental rights were terminated under the Step Parent Adoption in florida. How do I get child support to close case?
Julie A. Rice's answer
You may have to file with the court to get child support recovery moving in the right direction.
You may have to file with the court to get child support recovery moving in the right direction.
Q: Can i sue for back child support? I paid 12 years of child support for a child that is not mine.
Julie A. Rice's answer
Do you mean can you get a refund? Doubtful. You should have checked that out before you paid support. In case there is a loop hole, see this website to get you started: https://www.legalzoom.com/articles/can-you-get-a-refund-if-the-child-you-support-isnt-really-yours
There are other websites that address this issue and you can google something like the following: Obtaining a refund for a child that is determined not to be yours; retroactive child support refunds.
Do you mean can you get a refund? Doubtful. You should have checked that out before you paid support. In case there is a loop hole, see this website to get you started: https://www.legalzoom.com/articles/can-you-get-a-refund-if-the-child-you-support-isnt-really-yours
There are other websites that address this issue and you can google something like the following: Obtaining a refund for a child that is determined not to be yours; retroactive child support refunds.
Q: I submitted papers for divorce to my husband along with a form for him to fill out to get our minor son's passport.
Julie A. Rice's answer
Please see the following link to see if there is another way: http://singleparents.about.com/od/legalissues/a/passport_child.htm
There are actually several websites that address this issue so try googling: Obtaining a passport for a minor with only parental signature.
Please see the following link to see if there is another way: http://singleparents.about.com/od/legalissues/a/passport_child.htm
There are actually several websites that address this issue so try googling: Obtaining a passport for a minor with only parental signature.
Q: How do I get my kids back from my ex in-laws who got custody of my kids because I was in another state
Julie A. Rice's answer
Hire a private attorney to get this straightened out ~ this is a mess. You need to intervene and the time and effort that you would spend trying to figure this out isn't worth it if you can hire a private attorney who specializes in family law and can assist you.
Hire a private attorney to get this straightened out ~ this is a mess. You need to intervene and the time and effort that you would spend trying to figure this out isn't worth it if you can hire a private attorney who specializes in family law and can assist you.
Q: I have primary sole custody of my 14 in divorce papers say the wife which is me or ex shall not have a overnight guest
Julie A. Rice's answer
No overnight guests of the opposite guests unless you get married. See the court order.
No overnight guests of the opposite guests unless you get married. See the court order.
Q: I have primary sole custody of my 14 in divorce papers say the wife which is me or ex shall not have a overnight guest
Julie A. Rice's answer
If the court ordered say no overnight guests of the opposite sex then it doesn't matter who is "ok" with it, you are in violation of the court order and risk losing your son to a contempt action. No overnight guests of the opposite sex unless the court order is modified or the court order says it's ok if you are married, then get married if this means that much to you or you may lose your son. Not worth it.
If the court ordered say no overnight guests of the opposite sex then it doesn't matter who is "ok" with it, you are in violation of the court order and risk losing your son to a contempt action. No overnight guests of the opposite sex unless the court order is modified or the court order says it's ok if you are married, then get married if this means that much to you or you may lose your son. Not worth it.
Q: Is there any way to get a divorce reversed or cancelled?
Melissa Averett's answer
Maybe, but this is not the kind of simple legal question that can be answered in this forum. An experienced family law attorney would need to meet with you, go over all the facts, review the legal paperwork and go over all of your options. Do not volunteer that you lied to the court without talking to an attorney first.
Maybe, but this is not the kind of simple legal question that can be answered in this forum. An experienced family law attorney would need to meet with you, go over all the facts, review the legal paperwork and go over all of your options. Do not volunteer that you lied to the court without talking to an attorney first.
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