They are going through a divorce. He is a senior with no other means where to live. She is also paying a portion on the condo. But he does not have any other means of paying that portion. So, According to Puerto Rico what are his rights as a Senior and part owner? And she left the home and he is... Read more »
If they divorce it’s likely to be considered marital asset and they may have to sell it to divide it. It all depends on the facts of the case and what the judge decides. If he’s not working with an attorney for the divorce he should considering doing so. If he is ordered to sell, then he may... Read more »
You are free to file for divorce in any state where you can meet the state requirements for divorce. The only requirement for a divorce in Nevada is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce. You have the right to begin the process at any... Read more »
We live in Las Vegas and were married here. Thank you.
Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not... Read 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.
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.
2014 J.o.D. awarded husband 1/2 my 403(b) account and 1/2 pension. I'm planning to retire next year but am I responsible for getting the QDRO. J.O.D. says that he is responsible for all costs. If he fails to do the QDRO/EDRO by a certain time, do I get to keep my full retirement?
This type of question is unlikely to get any specific response, there is just not enough information.
You'll want to contact a family law attorney, or general litigator to discuss some of the risks arising from what you're describing.
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?
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... Read more »
Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.
Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.
My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?
Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.
If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no... Read more »
I'm not even sure divorce is the answer for me but I don't want my kids and I to be left with nothing and I feel like he would do his best to leave us begging for air. If I bought land with my own savings could I gift it to my children so that he couldn't take it but the kids (and I)... Read more »
You mention using your own savings. If the savings came from money earned during the marriage, then it would not be your savings, it would be marital savings. If you bought land with it, the land would be a marital asset and therefore subject to division at the time of divorce.
I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »
No, once you plead & are convicted, the case can’t be reopened.
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »
It was filed.. the dates were incorrect..
It depends. If it was only a date, that, in and by itself, may not nullify a prenuptial agreement. To be a valid prenuptial agreement, each party must make full disclosure of his or her income, assets and liabilities. They must also have adequate time to review, preferably with the assistance of... Read more »
Is she seeking alimony or is there child support involved? We’d need to know more about the details of your case in order to answer this question. If these issues are in play then it is reasonable that you would have to disclose your income. If you have issues that you don’t agree upon, then... Read more »
Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.
Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them? Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them?
If you've already filed a waiver, you need to get an answer on file. And check the terms of the waiver. Some of the waivers I've seen don't just waive service, but also waive notice of the proceedings.
He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »
I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.
If he was granted possession then no you cannot move back in without something terminating his exclusive possession.... Read more »
I was at a self checkout and 1 of my items was scanning at a higher cost than stated on the sign. I asked a employee for assistance with the item. I stated that these socks are marked for clearance for $2.50. I had already scanned 8 pairs and they all scanned for the correct price $2.50. This is... Read more »
It's arguably false imprisonment. It's different than Costco, which has a Membership Agreement. Refusing, however, has its costs and your remedy is a lawsuit, the end result of which is not guaranteed to be satisfactory to you since your damages are effectively $0. Complying also has... Read more »
He won't give me his address. I want to do Service by Publication. For the Affidavit of Diligent Search, it states that I have to do a bunch of things, which I am not sure how to do in Nigeria. I spoke with someone there and they said it could take a lot of money because I would need to pay... Read more »
You could try. Explain in the affidavit what steps you did take, what steps you didn't take, and explain why you didn't. The worst that could happen is that the court would refuse to approve.
We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.
It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.
Talk to your lawyer - the petition can easily be amended, but that may not even be necessary. What's important is that the error doesn't end up in the divorce decree.
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