I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »
So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a... Read more »
Divorce final 7/15/2020, he closed on home 6/2020. Do I have legal rights to it since it was closed on prior to the divorce being finalized?
In the order granting you a divorce, the Family Court likely also addressed the division of assets and debts. In very limited circumstances there is a possibility of addressing assets that were not disclosed before the divorce was granted.
He has been gone for six months but he has agreed to continue to pay the mortgage and our car payments. I suspect infidelity but I don't have proof. What will be the right approach for me in this matter
The right approach will depend a lot on what your goals are. Because the two of you are living separately from each other now, you could file an action for separate support and maintenance with the Family Court, regardless of whether you have proof of adultery. A lawyer experienced with divorces... Read more »
has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... Read more »
In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.
We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »
I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.
If there is a provision in the Judgment or your stipulation if you have one that says the retirement account(s) would be split then you can have a QDRO done. If there is no mention of sharing the retirement account(s) then the answer is no.
I got married in Arkansas on 8/13/2020 in Fort Smith Arkansas. The next following month I filed for an annulment in Wagoner, Oklahoma but my husband decided to challenge the Arkansas law and state that we are not married despite the license being filed in Arkansas and signed by a minister. The... Read more »
This is a situation where free advice over the internet is not going to resolve this issue. My suggestion is take all of your documents to an attorney so they can review and give you an opinion and explain your options.
If there is a marriage and you are trying to get divorced you would... Read more »
Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »
You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.
Been separated for 7+ years. Custody and child support are not an issue. We both want a divorce and to remarry. Divorce would be from Tennessee
Divorce is not free. There is a filing fee for each case. If you want to file without an attorney, you can do that, but there is a fee to file, which varies depending on which county you are in.
My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.
The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.
Generally, one party might take other property (stocks, retirement, etc) in lieu of... Read more »
My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.
There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... Read more »
I am paralyzed, I have MS
I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.
I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »
Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »
The money is in the stock market and has never been removed. He has accrued earnings from his initial inheritance. Am I entitled to half of his earnings from the inheritance?
Inheritance and earnings on that inheritance are separate property.
Florida divorce case
Simply call a court reporting service and make your request. You should be able to locate a court reporter through Google. Good luck!
I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.
I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... Read more »
You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting... Read more »
There are 12 "best interest" factors the court uses to determine custody.
property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »
If you and your husband have prepared a formal settlement agreement resolving all issues outstanding ( as opposed to a document "outlining" same), in filing your respective pleadings with the court, you and your husband can simply seek enforcement of the settlement agreement and let the... Read more »
My ex wife’s lawyers created and filed the final divorce documents. I would like to get a copy of it and make sure it has actually been filed and processed. I want to have verification that we are legally divorced.
Some courts have this information online, but you can also call the Circuit Court clerk's office for the Virginia city or county where the divorce was filed. That's usually where you and/or ex lives.
I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.
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