Questions tagged [divorce]

Legal dissolution of a marriage

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1answer
31 views

On Irish marriage property and divorce law circa 1939

My questions arise from a scenario in Finnegans Wake by James Joyce, published in 1939, and hence pertain to Irish law around or before 1939. As a young Dublin girl, Anna inherits property from her ...
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1answer
184 views

What happens if my spouse won't attend court for divorce procedure?

Going through divorce process with my wife, she signed the notice and acknowledgment of receipt but she refuse to attend divorce proceedings, arguing that the documents I filled using online divorce ...
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1answer
68 views

How to save marriage when wife's family influence/force for divorce

We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community ...
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1answer
118 views

Do parent's have an obligation to pay for university expenses after divorce?

In Canada/Ontario, if parents are divorced, do the parents' obligations to contribute to a child's university education expenses change based on their relationship? I'm looking at 2 cases, one where ...
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1answer
28 views

How inherited Property Assets Split in a Divorce in Ontario, Canada

I cannot find any detains on how Ontario law Deals with the splitting of assets in a divorce. I am specifically interested in if their are any exemptions to inherited family property (a farm owned by ...
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1answer
83 views

The Legality of Naked Photos of a child for an abuse case

I am filing for divorce from my husband, and I had several photos printed which showed where he left bruises on our daughter's bottom. These photos were requested by my lawyer (through documented ...
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3answers
54 views

International marriage and divorce law (Australian marrying a non-Australian)

If an Australian marries a non-Australian outside of Australia, what is the legal status of their marriage in Australia and the implications for the Australian party in the unfortunate event of ...
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1answer
184 views

Can the court order my retired father, who is a single father, to make more money (Canadian Law) (revised to anonymous) [closed]

(I'm sorry about deleting and re-posting the question, there are family details and the site was attaching my real name. I'm reposting using an email address that isn't linked to me.) My father was ...
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0answers
35 views

Communal vs separate property, California divorce

I have opened a bank account shortly after getting married, solely in my name, and we never mixed our funds. I funded it initially with money I earned prior to marriage. My husband did the same with ...
6
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1answer
95 views

Can I serve my ex spouse an eviction notice before he signs a quitclaim deed?

My divorce is finalized and I was awarded the house. Obviously I will need to refinance it and pay him his share of the equity to get the deed solely in my name, which will take time. My ex is ...
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0answers
16 views

How long is a Divorce Financial Settlement kept by the registrar of a local UK county court

I have a stamped divorce financial settlement document that was lodged with a UK local county court in 1990 - is a record of this still being held at the county court?
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1answer
727 views

Can someone get a spouse off a deed that never lived together and was incarcerated?

If someone bought a property before marriage (premarital), got married, refinanced the property while spouse was incarcerated which added spouse to quit claim deed, then got divorced months after the ...
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2answers
138 views

Can the court decline to enforce a divorce rider? particularly if it is unreasonable

Admittedly due to my own negligence a rider made it into my final divorce agreement that I'm trying to fight. My SO is not allowed in the presence of my children. I agreed to that in the temporary ...
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1answer
32 views

do “temporary” rider's carry over to final divorce agreements when the whole agreement is carried over [closed]

When my ex an I got divorce I agreed to a clause and specifically put "during the temporary period" to ensure that it expired. We went to the final hearing and carried over all provisions from the ...
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0answers
19 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
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1answer
142 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
48 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." ...
3
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1answer
93 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 ...
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1answer
53 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 ...
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1answer
111 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 ...
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0answers
21 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
74 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 ...
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2answers
376 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 ...
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1answer
198 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
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3answers
210 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 ...
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0answers
57 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
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1answer
149 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'...
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2answers
125 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
79 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 ...
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1answer
85 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
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1answer
170 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 ...
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2answers
137 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 ...
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2answers
220 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 ...
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1answer
42 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 ...
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1answer
223 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
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1answer
200 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 ...
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2answers
103 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....
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1answer
64 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 ...
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2answers
57 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 ...
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0answers
88 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
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1answer
125 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
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1answer
146 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 ...
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1answer
134 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 ...
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1answer
56 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 ...
3
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3answers
5k 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 ...
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1answer
84 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 ...
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1answer
91 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 ...
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1answer
42 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
4k views

Throwing away ex-spouse's mail

Can a husband throw away his separated or divorced wife's mail?