Questions tagged [divorce]
Legal dissolution of a marriage
0
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0answers
15 views
What qualifies as marital property?
Bob and Alice are getting divorced. They each have jobs, but Bob makes significantly more than Alice. They purchased a home together but each own their own cars prior to getting married. They also ...
5
votes
1answer
102 views
Prior to a divorce, can a spouse prevent the use of any saved assets?
Lets say Bob and Mary are about to get separated and divorced. Bob has a 401K and a savings account that Mary can not access. To prevent having to give Mary half when they divorce, Bob decides he ...
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0answers
39 views
What subcontracting rights does court-ordered daycare have?
I live in the United States. A woman asked my wife to provide daycare for her children. The woman is going through a divorce and isn't on speaking terms with her husband. The husband, who has moved ...
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0answers
10 views
QDRO preparation or money dispersion in 75 days?
The language of the dissolution states:
"Petitioner 1/husband shall have a QDRO prepared that will transfer $xxx to petitioner 2/wife from his deferred comp account within 75 days of the decree."
...
1
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1answer
105 views
Migration, marriage, and divorce
I’m considering immigrating to either Australia, Canada, or NZ. I’m married to a person who I cherish and love and we got married in our country of birth in a legally recognized, religious marriage ...
3
votes
1answer
80 views
What does “lived together as man and wife” mean?
In a divorce complaint, there is a line that says "they separated and have not lived together as man and wife since that date." What does that mean?
Not actually living together? Living together but ...
0
votes
1answer
31 views
Can a non-indian spouse claim rights/share in Indian properties on divorce?
I am a divorced Indian citizen in USA and have grown up kids in India. I am going to get married to a non-Indian citizen in USA. She has German citizenship and will still have her German citizenship ...
0
votes
1answer
99 views
how does the court define being “in the presence of…”? ie if my girlfriend sleeps over and never sees the kids
there is a rider in my divorce agreement that says my current girlfriend is not allowed "in the presence of" my kids. There are no legitimate safety concerns, my ex-wife is just upset due to the ...
1
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0answers
19 views
Will Alimony Payments be Tax Deductible if a Support Agreement is Signed in 2018 but not Actually Ordered by the Court until 2019?
I know that starting in 2019, alimony payments are no longer tax deductible, but that agreements entered into before 2019 are grandfathered in. What counts as entering into an agreement for this ...
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1answer
55 views
What remedies are available for failure to pay the orderd amount of child support in NJ
In my divorce decree which was in Texas, I was ordered to pay child support, which I paid. In the decree right above the judge's signature was a notice in bold letters that stated that failure to pay ...
2
votes
2answers
195 views
How easy can a divorce be dismissed for lack of jurisdiction?
Two people are married for 20 years. They used to live in Pennsylvania but moved to New Jersey across the river and lived there for two years.
Wife gets kicked out around January 1 by husband so she ...
6
votes
1answer
123 views
Divorce - What to Expect?
I am going to use made up names.. John was born in Belarus (not actually, but country close in culture and economic development) and moved to the US 20 years ago. John went back to Belarus and met ...
3
votes
3answers
188 views
Is it possible to renounce your right to divorce
When you get married, is it possible to enter into a contract renouncing both parties' right to a divorce? If that is not possible how much can you limit the right to a divorce with a contract or ...
2
votes
0answers
51 views
Filming my kids
I'm divorced with two kids (minors) and 50% custody, in California.
Now let's talk about recording in California. I know that California is a state where both parties need to give consent for ...
2
votes
1answer
134 views
Why annul instead of divorce?
If you're not in the Philippines or Vatican, why would anyone seek an annulment instead of a divorce? My understanding is that divorce is cheaper, so even your marriage is invalid, why not just say it'...
3
votes
2answers
109 views
What legal options exist to enforce strict compliance with parenting agreements?
Suppose a parenting agreement that is part of divorce in Georgia, U.S., specifies that parent A shall deliver a child to parent B in the morning before school. One day parent A, without notice to ...
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1answer
75 views
Can a separation agreement finalized in a California court be overturned by a Canadian (BC) Court?
1) A separation agreement was made between M & F (both Canadian) but living in California.
2) The agreement states that F entirely owns n Properties in Canada.
3) M moves back to Canada, and ...
-3
votes
1answer
81 views
Fair Child Support in California [closed]
Let say wife owns 2 houses values at 2.5M with income only from stock trades. The husband earns 150K before tax, has no saving, no properties and won't take anything from the 2 houses.
The wife ...
2
votes
1answer
143 views
Can males be held liable for child support for wife's child?
Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage.
If in the future they were to get divorced, how much of a ...
1
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0answers
55 views
What methods do lawyers use to find hidden property and assets during divorce
When divorce attorneys are helping clients, what methods do they have at their disposal to find assets and property that has been hidden by their opponents clients?
Is there a proper phase for this ...
2
votes
2answers
139 views
Can a person sign away alimony after marriage
Hypothetical question:
Mary and Sam have been married for 20 years. During the marriage both persons commit adultery and reconcile at different stages of the marriage.
Let's also say there is still ...
0
votes
1answer
38 views
Married when joint tenancy right of survivorship signed, now divorced
We divorced on paper and continued to live together in our joint tenancy right of survivorship titled home. No mortgage - one party paid off the house by a substantial amount while the other party ...
-3
votes
1answer
163 views
What happens if I don't show up to the Court (DRA, Family Court, UK)?
The matter is listed for an adjourned DRA on _____ _____ 2018 10AM. The parties to attend at 9AM.
DRA = Dispute Resolution Appointment
I want to know what would happen if I don't show up for the ...
7
votes
1answer
143 views
Easiest way to divorce same-sex marriage for residents of country where it's not recognized?
My situation: my spouse and I (both Russian citizens and residents) married in Denmark in 2014 (tourist marriage is legal and fast there). Now as we want to divorce, we can't do that in Russia because ...
2
votes
2answers
95 views
who owns and is responsible for the truck?
My husband's ex girlfriend signed a loan for him to purchase a vehicle before we got married. Since then, he has continued paying on the vehicle the entire time we have been married. He is now in jail....
0
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1answer
58 views
Is an adult child representing one of their parents in a divorce case a conflict of interest?
I couldn’t find the answer to this question anywhere, so I thought the experts here will be able to address this.
In a divorce/family law case, can a son who is a lawyer defend one parent against ...
0
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2answers
45 views
How to proceed when there is no will/last testament?
The Situation:
My best friend's mother (Grace) passed away on Monday. Grace told her sister Hope and her son that she had a will. We cannot locate it (at home, not filed with lawyer or the city).
We ...
1
vote
0answers
81 views
Can I pay an ex-relative not to use my family name and make it stick
I would prefer that my ex-daughter-in-law not use my family name as hers. The divorce decree says she may do so. She is motivated by money, so may be interested in changing her last name for a price....
1
vote
1answer
102 views
How is a USA marriage dissolved if neither spouse is resident in the USA?
Consider the following sequence of events:
A couple get married in a St. Louis, Missouri courtroom in 2002 (at which time they are residents in the USA).
The couple begin living in a foreign country ...
3
votes
1answer
127 views
Can a lawyer file for a divorce 14 years after finalizing the divorce in an other country?
I am a Canadian, living in California, divorced my ex-husband in 2003. According to the settlement signed in California, the family home in Canada was transferred to me. At the time of divorce his ...
5
votes
1answer
129 views
How hard is it to modify a standing order not to take child out of state?
Automatically when a request to change the parenting plan is filed by one parent, the court in Georgia issued an standard order that says, in part, that neither parent will take the minor child out of ...
0
votes
1answer
54 views
Possible and likely court actions in case of non-payment of child support.
What can a court (in Georgia) do if a parent does not pay the child support that is mandated by the court decree that ended the marriage? What do courts usually do in such a situation? Is the court ...
2
votes
2answers
3k views
In a marriage, can one spouse just run away and declare this a “separation”?
My friend’s father ran away from his wife after 30 years of marriage. He left her with all of the debts to pay and no income to support.
He then hired a lawyer sending her a wish to negotiate a ...
0
votes
1answer
75 views
What can I do if someone does not pay as decided by court order?
Following a custody battle, a court ordered that 100% of the cost of higher education for the children would be paid by the father. He (the father) instead chose to cosign student loans which he has ...
1
vote
1answer
81 views
To what extent can a trust be used to safeguard your assets against alimony
So in my reading I've come across a case (Prest v Petrodel) where a man wholly owned several companies, and purchased property in their name, but basically treated it as his property.
Anyway, it ...
1
vote
1answer
37 views
Does filing for bankruptcy preclude pursuing all other legal proceedings?
I have heard that if you file for bankruptcy you cannot file any other legal proceeding (in the state of Georgia, USA) until the bankruptcy filing is resolved. Is that so? If so, does the ban on ...
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1answer
3k views
3
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1answer
651 views
Shared Parenting - How intoxicated does a parent have to be to deny visitation?
I'm posting as a guest for anonymity.
My ex-wife and I have a shared parenting plan (50/50 time) of our 3 year old son. We live in the US (the state of Ohio) and have been divorced (technically a ...
0
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1answer
125 views
Ohio Dissolution Paperwork Language about Bankruptcy
I am filling out the dissolution paperwork for Ohio and I see the following two options:
"The court will retain jurisdiction to enforce payment of debt obligations, in the event a party files ...
1
vote
2answers
278 views
What are legal obligations towards the spouse and children while going through the divorce?
Me and my spouse are going through the divorce.
We had a mediation session on 10th August (roughly a month ago).
J______ has been in touch to let us know that she no longer wishes to continue with ...
1
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0answers
64 views
Practical difference between physical custody and visitation?
Q: What is the ACTUAL or practical difference between Physical Custody and Visitation (or Parent Time)?
For divorcing couples in Utah who have children, Joint Legal and Physical Custody can be ...
0
votes
1answer
301 views
Generalized anxiety disorder and child custody
In New Jersey, can a parent be denied child custody (or can custody rights be modified, e.g., require a neutral party present during visitations) when one parent has been diagnosed with Generalized ...
1
vote
1answer
60 views
Special provisions in the will of a divorced parent
What special issues or topics might a divorced, custodial parent of a six year-old consider in writing a will? What issues or topics might become more important as the child gets older.
3
votes
1answer
94 views
Do I still have full custody of my child?
Before my girlfriend and I were married we had a child and then separated 1.5 years later due to reasons that are irrelevant to the question.
We went to court and I was granted full custody of our ...
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votes
1answer
1k views
Is there a better state for men divorce?
I am currently overseas and will be returning to the state of my choosing soon. I need to get a divorce and don't want to land in a man hating state. I have 3 kids and have been married for 9 years. ...
1
vote
1answer
161 views
Will remarriage affect alimony and child support in this circumstance?
I'm a widowed artist. I have money in investments as a result of life insurance which I draw from when necessary - which with two kids is pretty much all the time. The investment income is under $10,...
1
vote
2answers
422 views
Can my Ex contact my attorney at will?
My Ex has contacted my attorney about trivial matters. My attorney bills me for these contacts. Is there a way to avoid these charges? For example, can I forbid my Ex from contacting my attorney ...
0
votes
1answer
49 views
For California divorce default what should the declaration about cohabitation state?
California family law.
Request to enter default is rejected, with the statement of
If both parties are still residing in the same residence then each
party must submit a declaration penalty of ...
2
votes
1answer
159 views
What if an ex spouse violates a new divorce decree?
I expect my ex to violate our brand new, court approved, negotiated divorce decree.
Should I keep a log of such transgressions?
At what point should I seek legal help to enforce compliance: ...
2
votes
1answer
74 views
Is agreeing in a pre nup to get divorced in Scotland legally binding?
Unfortunately one or both of you decide to divorce and you had agreed on a pre nup that you would get divorced in Scotland because you feel it handles divorce more fairly.
At least one of you is ...
