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Family Law Questions & Answers
Q: I need a legal document that states that I took my husband's last name when we got married.
Matthew Williams' answer
There are several ways to change your name in Ohio. Depending upon what you did, there may or may not be documentation you can get. It is legally possible to change a name simply through usage. Ohio law does not require any formal change.
Did you file an application with the probate court to change your name? If you did, there will be a probate court order changing your name, which you can get a copy of from the probate court's clerk. That would probably be the best thing for proving...
There are several ways to change your name in Ohio. Depending upon what you did, there may or may not be documentation you can get. It is legally possible to change a name simply through usage. Ohio law does not require any formal change.
Did you file an application with the probate court to change your name? If you did, there will be a probate court order changing your name, which you can get a copy of from the probate court's clerk. That would probably be the best thing for proving...
Q: I was sent a divorce settlement offer giving me 15 day s to respond. I paid a lawyer the same day. She was going to send
Gary D. Godman's answer
It sounds like your primary question is: "If I file the papers myself, can I get an attorney to represent me later on?" The answer to that question is yes, you will be allowed to hire an attorney later on in the process if you wish to do so. If you decide not to go with the attorney you've already worked with, you are free to hire another - clients are generally free to hire and fire attorneys as they wish. The important part at this point is getting an answer to the court in a timely...
It sounds like your primary question is: "If I file the papers myself, can I get an attorney to represent me later on?" The answer to that question is yes, you will be allowed to hire an attorney later on in the process if you wish to do so. If you decide not to go with the attorney you've already worked with, you are free to hire another - clients are generally free to hire and fire attorneys as they wish. The important part at this point is getting an answer to the court in a timely...
Q: can my ex bf get custody of our child because i moved in with my sister who he dislikes?
Leonard R. Boyer's answer
No, child custody is not decided that way. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
No, child custody is not decided that way. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
Q: How much time will it take to get divorce if one of the spouses is not willing for divorce?
David A. Wolf's answer
That is a very broad question. The dissolution of marriage proceedings can go well beyond a year if there are many issues contested. There is no set time period to quote or by statute to provide to you. Consult with a family law attorney to find out your legal rights and recommended course of action.
That is a very broad question. The dissolution of marriage proceedings can go well beyond a year if there are many issues contested. There is no set time period to quote or by statute to provide to you. Consult with a family law attorney to find out your legal rights and recommended course of action.
Q: I currently have a warrant for contempt on non support but i have recently filed for ssi is it possible for the courts t
Matthew Williams' answer
They aren't just going to dismiss the warrant. You will need to address it directly. The fact that you cannot pay the ordered support may help you, but the longer you stay out with a warrant, the less the judge will be inclined to leniency.
They aren't just going to dismiss the warrant. You will need to address it directly. The fact that you cannot pay the ordered support may help you, but the longer you stay out with a warrant, the less the judge will be inclined to leniency.
Q: Do I have to continue paying child support while my daughter is in college I live in the state of Florida
David A. Wolf's answer
Typically, child support ends when the child turns 18 or is still in high school. In some marital settlement agreements, the paying parent has promised to pay for college. You need to review the court order or agreement that applies to your case. Good luck.
Typically, child support ends when the child turns 18 or is still in high school. In some marital settlement agreements, the paying parent has promised to pay for college. You need to review the court order or agreement that applies to your case. Good luck.
Q: I am a single mother with a five year old daughter, her father has never supported her, I petitioned the court and won
David A. Wolf's answer
There are certain rules and procedures for moving out of State. If you have a job or family related reason for the move, this could be enough justification for the move. The father does not seem to have much leverage but the ultimate decision on these matters is left up to the Judge. I recommend you contact a local family law attorney for advice, guidance, and a recommended course of action.
There are certain rules and procedures for moving out of State. If you have a job or family related reason for the move, this could be enough justification for the move. The father does not seem to have much leverage but the ultimate decision on these matters is left up to the Judge. I recommend you contact a local family law attorney for advice, guidance, and a recommended course of action.
Q: Is it legal to kick your 11 YO out and call his father to come get him, not allowing him back in the house.
Gary D. Godman's answer
There's a lot going on here that's best suited to a confidential consultation with a family law attorney. There's a difference between "kick out" into dad's custody and literally "kick out" onto the sidewalk, with the latter being much more objectionable (possibly even criminal). To change the court order, you would have to file a motion to amend and show the court there's been a "material" (significant) change in circumstances since the last court order was issued. Then, you would have to...
There's a lot going on here that's best suited to a confidential consultation with a family law attorney. There's a difference between "kick out" into dad's custody and literally "kick out" onto the sidewalk, with the latter being much more objectionable (possibly even criminal). To change the court order, you would have to file a motion to amend and show the court there's been a "material" (significant) change in circumstances since the last court order was issued. Then, you would have to...
Q: I am currently staying with my ex husband. He said if I am not out in a few days that he will shoot my dog. Is that lega
Kristen Thurmond's answer
I do not believe this a question about legality as much as it is about your safety and your dog's safety. To get you to move out, there are a lot of questions that need to be answered. If an individual is threatening to kill your dog, you need to seek a safer place to stay immediately. There is nothing preventing your dog from being shot, and animal control and police officers will only be useful after damage has been done. Please seek the advice of an attorney or contact legal aid if you...
I do not believe this a question about legality as much as it is about your safety and your dog's safety. To get you to move out, there are a lot of questions that need to be answered. If an individual is threatening to kill your dog, you need to seek a safer place to stay immediately. There is nothing preventing your dog from being shot, and animal control and police officers will only be useful after damage has been done. Please seek the advice of an attorney or contact legal aid if you...
Q: Good afternoon, I wonder if adding a name to a home deed positively affects mortgage payments?
1 Answer
| Asked
in
Bankruptcy, Collections, Estate Planning, Family Law and Real Estate Law
for
Virginia
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Matthew Lane Kreitzer's answer
I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
Q: Do I still have to pay child support to the mother if both my children are enrolled in college and live on campus?
Leonard R. Boyer's answer
YES, the children are full time students and the money is for their benefit. However very recent NJ case law allows payment of child support directly to children. You need to retain an experienced matrimonial attorney to handle this situation for you. Good luck.
YES, the children are full time students and the money is for their benefit. However very recent NJ case law allows payment of child support directly to children. You need to retain an experienced matrimonial attorney to handle this situation for you. Good luck.
Q: Verbal agreement (NJ) after written marital settlement agreement (FL). Can I sue for breach of verbal contract in NJ?
Leonard R. Boyer's answer
You are not going to be able to have this answered in anything other than an in person consultation with a full review of all documents. An oral agreement MAY or MAY Not be enforceable. A lot more information is required. Set up an appointment with an experienced matrimonial attorney right away. Good luck.
You are not going to be able to have this answered in anything other than an in person consultation with a full review of all documents. An oral agreement MAY or MAY Not be enforceable. A lot more information is required. Set up an appointment with an experienced matrimonial attorney right away. Good luck.
Q: If I am 18 but my mother pays the passport fees ($150), who does my passport belong to?
1 Answer
| Asked
in
Family Law, Immigration Law and Juvenile Law
for
Virginia
on
Answered on Apr 20, 2016
Answered on Apr 20, 2016
Gary D. Godman's answer
Your passport is the property of the US Government and is meant to be held in the possession of the identified person - you. I do not see how she can report it stolen if it is not her own document. Your other option is to report it stolen yourself and pay the fees to receive a new one directly to you. If necessary, speak with a local general practice attorney - you may even have to seek police intervention, but I hope it won't come to that over something like this. Good luck.
Your passport is the property of the US Government and is meant to be held in the possession of the identified person - you. I do not see how she can report it stolen if it is not her own document. Your other option is to report it stolen yourself and pay the fees to receive a new one directly to you. If necessary, speak with a local general practice attorney - you may even have to seek police intervention, but I hope it won't come to that over something like this. Good luck.
Q: Father of my child took her and refuses to give her back. Can he legal withhold her from me?
Gary D. Godman's answer
If the court did not enter a temporary order, and there was no previous order, both parents are on equal footing and can attempt to keep the child with him/her. However, one of the many factors a judge considers is whether one parent has unreasonably kept the child from the other parent. Some courts will allow a request for a temporary order, but if you already have a court date in less than two months, it's difficult to guess whether you could receive a hearing soon enough. If you don't...
If the court did not enter a temporary order, and there was no previous order, both parents are on equal footing and can attempt to keep the child with him/her. However, one of the many factors a judge considers is whether one parent has unreasonably kept the child from the other parent. Some courts will allow a request for a temporary order, but if you already have a court date in less than two months, it's difficult to guess whether you could receive a hearing soon enough. If you don't...
Q: Does my ex-husband have a say in who I give custody of our child to if he was convicted of Child Abuse?
Gary D. Godman's answer
While he may have a say, it may not hold much weight, especially if the child in question was the victim of the abuse. Because of the sensitive nature of your information, you may want to speak privately with a local family law attorney - I am certain there are many in your area that are familiar with how military service affects custody and family issues. Good luck to you.
While he may have a say, it may not hold much weight, especially if the child in question was the victim of the abuse. Because of the sensitive nature of your information, you may want to speak privately with a local family law attorney - I am certain there are many in your area that are familiar with how military service affects custody and family issues. Good luck to you.
Q: I live in NJ. My Ex moved to FL & won't pay child support/answer calls/letters. What's the best way to proceed?
Leonard R. Boyer's answer
You need to retain matrimonial counsel, who is licensed in both NJ and Fl. In the alternative, you need to just retain an experienced NJ matrimonial attorney, who will pursue this matter aggressively.
You need to retain matrimonial counsel, who is licensed in both NJ and Fl. In the alternative, you need to just retain an experienced NJ matrimonial attorney, who will pursue this matter aggressively.
Q: I filed a PFA against my husband, Petitioner in our divorce. He has an attorney; I can't afford one. I agreed to
Tristan Kenyon Schultz's answer
For the harassment, you will need to file a police report. For the temporary injunction violations you must file with the court. You cannot sue his employer. If you cannot afford a lawyer there are pro bono attorneys: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
For the harassment, you will need to file a police report. For the temporary injunction violations you must file with the court. You cannot sue his employer. If you cannot afford a lawyer there are pro bono attorneys: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
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