Questions tagged [divorce]

Legal dissolution of a marriage

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9
votes
3answers
23k views

Is one obligated to disclose they are Divorced (rather than Single) on government and financial forms?

I'm a recent divorcee in the U.S. and over the course of the last year I've noticed on a number of different Medical, Insurance, Social Networking and Financial entry forms that when filling out ...
7
votes
1answer
225 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 ...
6
votes
4answers
357 views

What keeps people from trying to reach a negotiated or mediated divorce settlement?

Two people close to me are going through a divorce. I am trying to understand why they are spending so much money on lawyers' fees rather than even trying to reach a negotiated or mediated settlement....
6
votes
1answer
143 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 ...
6
votes
1answer
243 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 ...
5
votes
2answers
444 views

Can gender fraud be used to nullify a marriage in India?

Hypothetical A is a male who married B, a woman, in India under Hindu religion. A had never met B, and relied on photographs and the efforts of third parties. The marriage is less than 2 months old. ...
5
votes
1answer
159 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 ...
5
votes
1answer
3k 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 ...
5
votes
1answer
136 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 ...
4
votes
1answer
739 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 ...
4
votes
1answer
147 views

Same-sex divorce

In Obergefell v. Hodges, the Supreme Court held that there was a constitutional right to same-sex marriage. Does this automatically extend to divorce, or is it possible that the Supreme Court will ...
4
votes
2answers
346 views

Why in divorces is it so much more common for alimony to be awarded to the woman than the man?

In my understanding the reasons why one has to pay alimony to the other are something like during the marriage one had a job and the other one stayed at home to care for children and housekeeping and ...
4
votes
2answers
298 views

My daughter-in-law stole my grandson's tuition money. What are my options?

I gave my daughter-in-law $400 once a month for 5 months, starting in June of this year. She was to make a tuition payment for my grandson every month, starting in June. I just found out she has ...
3
votes
2answers
109 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....
3
votes
2answers
279 views

Is it legal for a “ready-to-be-divorced” billionaire to donate all his money into foreign charity?

Is it legal for a preparing-to-file-for-divorce billionaire to donate all his money into a foreign charity, give up his current citizenship and then become a high official of said foreign charity if ...
3
votes
3answers
230 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 ...
3
votes
1answer
113 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 ...
3
votes
3answers
6k 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 ...
3
votes
2answers
147 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 ...
3
votes
1answer
165 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 ...
3
votes
1answer
120 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 ...
3
votes
2answers
404 views

Divorce case with split custody: Age of child when he/she can be moved out of of state without consent of other parent

This question is about the case of relocating from one U.S. state (Georgia) to another (Florida) for employment reasons in a situation where The person relocating is a divorcee (a single parent mom). ...
3
votes
1answer
106 views

How can one access a deceased parent's assets?

My mother passed away two months ago. I lived with her, because she had medical conditions, for pretty much my entire life. I recently found out she and my father never divorced. She and he had been ...
3
votes
0answers
91 views

Can I file a child custody claim in French court from abroad?

I am Pakistani citizen and my husband is living in France as a permanent resident. My husband has taken my children to France without my permission. I need to get custody of my children. Do I need to ...
2
votes
1answer
216 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 ...
2
votes
2answers
166 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 ...
2
votes
2answers
138 views

What differentiates between a good or bad divorce settlement and parenting plan?

What are differences between well-written divorce settlements and parenting plans and poorly written, in an acrimonious divorce? What topics might one want to consider including that might not be in ...
2
votes
2answers
233 views

If a couple pre-drafted a *non binding letter* stating opinions on custody do you believe it would be admissible?

-I will get an attorney don't need to make the recommendation again -I understand that prenups/postnups can't negotiate custody (best interests of child) -But lets say a couple drafts a letter that ...
2
votes
2answers
459 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 ...
2
votes
1answer
334 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 ...
2
votes
2answers
169 views

Are there recommended steps for preparing for a divorce mediation meeting?

Are there recommended steps or approaches (worksheets?) for preparing for a divorce mediation meeting? Should the mediator get any background information about the situation, or can/should the ...
2
votes
1answer
151 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'...
2
votes
2answers
254 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 ...
2
votes
1answer
142 views

Is there any cap in California on how much the less wealthy spouse can spend on legal fees (e.g., lawyers) in case of a divorce?

I read in this article: What caught me by surprise, and forced me to seek emergency loans from friends, were the enormous legal fees I had to pay my ex-wife's divorce lawyers. In a California ...
2
votes
2answers
150 views

Divorce: Private properties and assets

I know nothing about law (or economics) and have recently tried to understand (personal curiosity, not a homework) the basic laws concerning the separation of goods in case of divorce. Scenario Alice ...
2
votes
1answer
185 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
0answers
60 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
89 views

Is it possible to divorce, with children (under 18), in TN without a lawyer or mediator?

Is it possible to divorce, with children (under 18) in Davison county TN without a lawyer or mediator if both parents have filled a parenting plan and in total agreement? We've been researching but ...
2
votes
0answers
68 views

Spouse hiding money

Can a lawyer request payslips from an employer? I am separated and my spouse is hiding money in a separate account in an attempt to pay less maintenance. Any advice? My location is South Africa. ...
1
vote
1answer
193 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 ...
1
vote
2answers
933 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 ...
1
vote
2answers
64 views

Is it possible to have a “future” settlement in case of divorce?

This is a shame question. But my spouse and I usually have conflict and the spouse wants to ensure we have an agreement in place for future potential divorce (e.g. money, kid..). It is the way the ...
1
vote
1answer
215 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
3answers
4k views

Can whatsapp messages be an evidence?

Please first read this question She sent me messages over whatsapp, Is those messages are valid in Indian and Canadian courts?
1
vote
2answers
159 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 ...
1
vote
1answer
149 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 ...
1
vote
1answer
43 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 ...
1
vote
1answer
67 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.
1
vote
2answers
238 views

How to protect against claims of joint corporate ownership during a divorce?

I am (happily!) married. But I am also a software engineer, and as such, try to consider every possible path of events ahead of time. I am about to start a Nevada-based LLC, although the company will ...
1
vote
1answer
195 views

Where is the best place for a man to pursue a divorce?

As far as divorce law goes, in what country and/or state is the best place for a man to get a divorce? (I.e., where will he receive the most favorable terms?)