Divorce Q&A by State

Your current state is Virginia

Show More States »

Lawyers, Answer Questions  & Get Points Log In
Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Husband threatening me.

I had an affair that ultimately resulted in me filing for divorce. My husband agreed that was what he wanted. He moved out as soon as the papers were filed. I live in MY house with our three kids. My oldest is almost 13 and when we were all together before he moved out, we both agreed she was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 25, 2020

What you are experiencing is unfortunately not all that uncommon when divorces are filed - emotions and feeling change, and people's memories of how things were become fuzzy.

There is an orderly process to resolve divorce issues through the court system; and that process is intended to...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

2 Answers | Asked in Divorce for North Carolina on
Q: How do you prove you have been separated for a year
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

You simply state it in court under oath.

View More Answers

2 Answers | Asked in Divorce and Immigration Law for Louisiana on
Q: My spouse dumped me right after receiving their green card. What legal options do I have?

About a year ago, I started to become suspicious that I was being used for a green card. I thought my suspicions were ridiculous, and so I ignored them. Then, a day after receiving the green card, my spouse dumped me. What should I do?

Edit: My spouse just received the green card with the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2020

Divorce your spouse and call immigration.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: If I have proof of my husband cheating and he has been working out of town he also took his girlfriend with him

I also bought a truck for him while we were together last week he says he isn't going to pay me back for the truck I've also have proof of that also what can be done

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2020

Whose name is on the truck title?

You can get an adultery divorce if your evidence is good.

1 Answer | Asked in Divorce for Texas on
Q: How to file a uncontested divorce?

My ex and I have been separated over 17 years. Living in 2 different states over 15 years. We were married in LA and I live in TX. I cannot afford to file and he says he can't either. What assistance can you provide and what steps should I take next?

Ty Czapla
Ty Czapla answered on Sep 23, 2020

If it is a Texas divorce, go to Texaslawhelp.org. You may be able to find an attorney who can do an uncontested divorce cheaply.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I’m Texas if a 14 year old wants to live with one parent, can he go before the judge to request it w/o involving lawyer
Ty Czapla
Ty Czapla answered on Sep 23, 2020

There has to be a custody suit filed and a motion for the judge to confer with the child. Technically, this can be done without a lawyer, but it would be difficult. The judge is required to consider the child's opinion, but it is only factor in the judge's decision.

1 Answer | Asked in Divorce, Estate Planning and Family Law for California on
Q: I was wondering what all i can get out of my husband in the divorce

I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 23, 2020

The family code in California has a section which states that all community property is divided 50-50 between the parties.

2 Answers | Asked in Divorce for Georgia on
Q: Q: Can a defendant file a countermotion against a judge's decision to award plaintiff's motion for attorney fees?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 23, 2020

You can't file a countermotion against any decision.

View More Answers

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I divorced my ex-husband about a year ago in Tennessee. He owned a home in North Carolina at the time of our divorce.

My lawyer put in the divorce paperwork that he needed to give me a quit claim deed for this property. My ex told me I don't have to sign a quit claim deed because my claim to the property only existed while we were married. Is that true? Should I sign one anyway since my lawyer included that... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2020

Assuming you mean you want to sign a quit claim deed to him - why bother with the time and expense of doing that? If he wants or needs one - he will ask you. If you divorced in North Carolina and if the property was only in his name and you made no claim for the property then yes, very likely any... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: if my spouse sold the house and kept the money in the middle of our divorce also only reported 1/4 of the money .
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

You have not stated whether there is a divorce compliant pending and if so this home sale unless you agreed to sell same is a violation of the automatic asset restraining order which is stated on the divorce summons and would be a contempt - your attorney can file same and note that the proceeds... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for North Carolina on
Q: If my ex has my car (car in my name) in his possession and won't give it back, can I have it reported stolen and towed?

My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2020

Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Can spouse (that been separated) add me on credit card without my authorization after been removed?

In May when I called this credit card company they said I was not on account they could not talk to me and would be off my credit and now 4 months later I'm on the magically on the account. Been spareted since Oct. 2016. Filed for divorce in Feb. 2016.

Brian Boeheim
Brian Boeheim answered on Sep 23, 2020

If you filed for divorce in 2016, my first question is why hasn't that been finalized? Nothing should take that long unless you have been trying to reconcile. Next, with the divorce petition you both should have signed an ATI (automatic temporary injunction), which in simple terms freezes... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Pete David Louden
Pete David Louden answered on Sep 22, 2020

Oklahoma is a no fault divorce state so under most situations none of this matters.

View More Answers

1 Answer | Asked in Divorce for Arizona on
Q: How do I get out of a subpoena. I do not want to testify against my brother in his divorce
Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

The subpoena should have detailed information on it regarding your right to object. However, if you do not have a viable, legal objection, you may be forced to testify. You should consult an experienced family law attorney to assist you with the matter. It is important that you do not ignore the... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

2 Answers | Asked in Divorce for Oklahoma on
Q: I need to know if it is legal to sell property that is part of marital assets during a divorce proceeding in Oklahoma
Charles Watts
Charles Watts answered on Sep 22, 2020

In the majority of divorce proceedings there is an automatic temporary order. This prevents selling, disposing, destroying, etc.... any marital assets. Likewise, insurances must remain intact as well. Even with the temporary order in place a judge may give permission for one or the other party... Read more »

View More Answers

3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My Wife is wanting to get full custody of her son from her Ex-husband. We can't afford a lawyer. Can it still be done?

Ex-husband has primary custody in a joint custody arrangement. He and the son live in Louisiana. She was to have sole custody before it was finalized. She let her son (5 or 6 at the time) spend a few months with Ex. He changed the papers and refused to bring son back because he didn't want to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 21, 2020

Winning a custody case like this is extremely difficult without an attorney. She needs to find one.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

View More Answers

1 Answer | Asked in Divorce for North Carolina on
Q: I want a divorce... my husband is estranged for 18 years... how do I go about getting a divorce from him?

He abused sexually when she was 9.

He fled the state when he was found out and not heard from since except attending a funeral

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 21, 2020

The bottom line is you need to find your spouse if you want the divorce to be affordable. If you can locate a good address to serve him at, there are several NC firms that can handle your divorce for you for a total flat rate fee of around $395 to $495 depending on whether you need the sheriff to... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.