Articles on Divorce
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill. I live in South Carolina and by law my husband and I have to wait 1 year before we can file for our divorce. We have a 4 year old daughter who lives with me and has lived with me since our separation. Can I keep my daughter from seeing her father if I have proof of drug abuse and the fact that he has not tried to see her but 5 times during the 11 months we have lived separately? He has never been involved, even during the duration of our marriage, and I am afraid to allow her to see him alone considering his drug use. Can an ex-wife still get alimony if her ex-husband has a baby with his girlfriend and eventually marries his girlfriend? My boyfriend is getting a divorce from his wife and he doesn’t want anything such as the house, items within it, etc. He just simply wants to end the marriage so he can start a new life with me and marry me someday. She is currently collecting a ridiculously large amount of money from him. I know a woman who has just been incarcerated and she is still married. She is planning to divorce. My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her. She has no injunction that says she can’t see her children. Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part. Ultimately I had to register as a sex offender. I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son. I hired a divorce lawyer. He did some things that are problems. He did not follow up on some items. This was my first divorce and except for traffic tickets my only contact with the courts. The judge twice ordered my ex husbands accounts frozen. The attorney did not file the papers to do so. Current Situation: I have 50/50 custody with my ex-husband with our ten year old son. During the last custody case, which ended in 2009, the difference between us as parents in custody is that the court order reads “child shall go to school in mother’s school district because father is more focused on negative attention towards mom than welfare of the child” (from 730 evaluator). Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation? A judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and make it final? My husband has had custody of his daughter for 16 years. He was divorced in the state of Mississippi and therefore has a custody and child support order from the state of Mississippi. We have lived in TN for 8 years and the child is turning 18 this year. She has said she intends to move to MS to live with her mother when she graduates and that we cannot stop her because the age of majority is 18 in TN. After less than a year of marriage, my wife filed for divorce in Colorado. I moved to Nebraska in February and she filed for divorce in April. I was incarcerated when the divorce went before a Magistrate in September, so I was unable to put up any significant resistance to her demands, or to consider what questions to ask during our court appearance. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter and it was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. The cable was also in his name. He found out about six months ago that she stopped paying both of these bills at some point, and both were in collection in his name. I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? “A friend of mine is going through a dissolution in Columbus, Ohio. I just checked the “Domestic Case Detail” in the public court records. In the records it states “Applied- Child Abuse” and “Applied- Domestic Violence Shelter”. My ex-wife went to law school and her attorney is her boyfriend. He did not serve me but said he did and as a result they were able to enter a default judgement, even though I am very involved in my son’s life and I AM THE PETITIONER! I’ve filed for a motion for modification to spousal support here in Washington state and had my ex served; I’m wondering how I get a court date? I received a letter from the lawyers office that her mother hired, saying that they will be representing her. My fiance filed for a divorce (from someone else) 6 years ago and it still has not gone through. The lawyer he fired filed in Cameron County, for whatever reason, and now says he can’t push it through unless we file in Philadelphia. I was divorced over 20 years ago and was stuck with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have and he didn’t. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizen’s arrest, indicating I violated a restraining order that never existed. My ex and I divorced almost eight years ago. She is threatening to have the settlement reopened to go after my retirement. Can she do that? My husband constantly threatens to file for divorce but there is no valid reason for him to do so. Can he do that? My ex threatened to keep my child from me if I didn’t sign divorce papers with which I didn’t agree. Is there anything I can do to change them now? I want to leave my abusive husband and return to Ohio, where my family is. Can I take our son with me without going to court first? My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn’t legally bound to either of these men before we get married? My wife and I are considering a trial separation. Could the courts construe me leaving the family home as abandonment? The conditions of my divorce state that I am to remain beneficiary of my ex-husband’s benefits. He recently informed me that our son has been made beneficiary. Can he do this? Could my ex-spouse or I purchase our marital home from the other, based on the divorce decree? My husband adopted my son but has since left us and filed for divorce. He has no interest in being a father. How do I retain legal custody of my son? My ex-wife, who has been in and out of jail and rehab, is requesting a paternity test in an effort to gain custody of our son. I have been the child’s sole caretaker for the past 4 years. Do I have to take a paternity test? I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? Where a complaint can be filed against an ad litemguardian if there are proofs that he is biassed? I am getting a Dissolution of my marriage, but I have had a baby by another man while separated from my ex-husband. Do I have to let the court know about my baby with another man? As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. I have been legally divorced since 2002 however never lived like divorced people. This year we split up and I moved out. Shortly after I became unemployed and filed for unemployment which I am currently collecting. He lost his job shortly after that as well. I’m extremely broke and bearly have food for my daughter. Please help with any advise. I live in Texas and have a question about claiming both my kids on my 2007 federal income tax return. We officially became divorced in Feb 2008, however in 2007 I received no child support whatsoever from my ex for the months of June through the end of the year. Should I just file married filing separately for 2007 and take the deduction for both kids, and what if he has already filed and took the deduction for one the kids? I live in Texas and I am going through a divorce. We have been separated since June of 2007. I received my 401K 1099-R form in the mail this January ‘08 and learned that 17K was distributed from my 401K account without my knowledge. What are the legal ramifications for her falsifying my signature and calling in and lying to obtain the disbursement from the 401K investment firm? I am legally seperated from my wife, and she wont sign the divorce papers. I have children, and i have primary custody of them. I also have a girlfriend, is it ok for my girlfriend to be around my children? Ive kind of been scared because i know my ex-wife might try to find some way to use it against me. please help. What is the legal penalty for not disclosing a previous divorce on a new marriage license? I was in a quick marriage when I was 18 and we quickly divorced never even living together as a couple. keep hearing that it’s against the law to not put this on the marriage license but what is the actual penalty? Are we talking a small fine or jail time? Besides how would they ever find out, who would care enough to go searching for this? I owned a home before my marriage. Now I am getting divorced and my husband has been added to the deed. Can he only get a portion of the house since the time we were married (3 years)? Is he entitled to more? We moved from Illinois about 5 years ago, have been married almost 17 years and my husband is having an affair with someone from Illinois. Last night he talked with the children (12, 14) about getting a divorce (I was attending an CoDepency Meeting), and my son (14) wants to go to Illinois with him. While I wouldn’t mind it , I don’t believe it’s a good idea for my son. 3 weeks ago my husband pushed me down in the driveway, I received 8 staples in my head, all because I was to ‘persistent’ in asking about the affair. I’m wondering what I need to do so my son isn’t shattered when they go to Illinois and live with her, being his age can I still maintain custody of him. I just wanted to know if I can put life insurance on my ex-wife without her consent? I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her? I have a question regarding the language in my husband’s separation agreement with his ex-wife pertaining to his 401K. Is “appropriate court order” his divorce decree? Or does he need to file something additional regarding this part of his 401K? There is nothing in the divorce decree that further outlines specifics regarding his 401K. My ex wife and I were divorced in Bergen County, PA. She has now moved with my son to Northern New Jersey. She has file a complaint of domestication and she says it is for the sole purpose of legally stating that she resides in NJ now. In this complaint it now states a lot of different things. Such as paying support until the child is 23. How can I stop all these new things from happening? Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done. I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. I live in New York State and My husband knows I plan to divorce him and I have been doing the books for his business for the past 8 years. I gave the information to the accountant to do the income tax and received a call from him that my husband had, had an income of 93 thousand for the 2006 and would have to pay 30 thousand in tax returns. After that my husband filed an extension. I received a copy the returns today (because it is my right since we are still married) and he came up with a bunch of false deductions that lowered his income to 34 thousand this year. Can I sign them under protest because I don’t believe they are correct? And will that help me in court when I divorce? Or should I not sign them at all because I feel they are incorrect? My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? In my divorce papers my husband & I stated: No overnight guest of the opposiet sex while minor chidren are present. Does this mean until my children are of age or until I re-marry? Or does this mean until our divorce is final? My wife and I have been separated for 15 months. During this time we have had separate accounts. 8 months ago I began seeing another woman with my wife’s full knowledge. Now that we are finalizing our divorce she claims that any money spent on my new relationship is community property and she is entitled to half of it. True? I filed for divorce due to verbal abuse towards my daughter and myself and physical abuse by his drunkenness. Now I find out he did not report “cash” income he received from a lawn service he has been doing for a few years. What is my chances of holding him responsible to pay the IRS without me being involved as I had no idea he did this? I married my husband in 1993 six years later I left him, when I found out he was still married to his second wife. Are we still legally married even though he never divorced his second wife?? Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily? My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. I want to re-marry someone else. Is this first marriage considered “abandoned”, or do I still need to go through a divorce? My ex-wife and I had an agreement in our decree ( not a court order) to “half college expenses” for our daughter. At the time, we intended our daughter would attend an in-state public college as we did. However, my ex-wife now expects me to pay half of out-of-state tuition (which is twice the cost), because my daughter wants to be on the swim team but was not offered a scholarship. Would the court require me to pay half of out-of-state expenses, or is the agreement too vague to enforce? I have been married for 5 years in Africa (Nigeria). Now the laws are different over there. I live in Danville, Virginia and I am a citizen of the United States of America. My husband is not a citizen and lives in Germany. I have a boyfriend that i live with and we plan on getting married soon. My problem is since I got married in Africa, do I have to get a divorce? Or if i go ahead and marry my boyfriend, will that be bigamy? I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right? My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child? Recently, my daughter has been told the truth about her “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing her, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does. No-one wanted to take away anything away from my ex husband since he’s been a decent father to her all these years. He doesn’t want to work with us at all and change the visitation schedule so we can all have some time with her. I don’t blame him really, but no-one is trying to hurt him. My daughter wants to see her biological dad and her half brother and sister on his side. When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court. We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it’s been 12 years since she was born, and he has had no formal contact with her during that time. My wife’s mother and father purchased a property that has since then turned into a very successful lodge. About ten years ago they divorced, but he did not sell his half to her-nor was she awarded it in court. He later died. Now My wife’s mother and current husband are trying to sell the place. We think that my wife’s father’s half ownership of property would go to his daughter (my wife) when he died, and therefore she would be half owner of the property. Is this the case? A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature? How do I gain custody of both of my children even though their father and I are not divorced yet? My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented. I Lost my Prenuptial Agreement, What are my Options? My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed. My mother in law has not seen her husband in about 20 years and wants to know if he has divorced her in that time…She lived in MA. and now lives in FL. How would she find out that info? I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. If a spouse (husband) conceals substantial financial gain acquired during a 26-year marriage, and withholds disclosure of this overseas bank account in a divorce settlement, and then the other spouse (wife) finds out about the concealed money–after the divorce is finalized; can the wife reopen or sue the husband. And is there a time limit in the state of Mississippi. My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided? After informing my wife of my desire for a divorce she has claimed that I will have to pay for her medical bills the rest of her life. She is not medically disabled. She could work but declines to. My daughter was married in Aug of 2005 and in Sept of 2005 she discovered that her new husband had been sending text messages while she was asleep to her younger sister. These messages were sexual in nature. We confronted him and he promised he would never do anything like this again. At that time we told him if he does he would have to pay us back the $45,000 we put out for their wedding. My daughter asked him to leave the marital domicile upon this discovery and also after he said he changed his mind and did not want children. Can we (either my daughter or her parents) sue him for “breach of promise” or something like that in a civil action for damages and the cost of the wedding? My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. My husband and I are divorcing. He is taking everything that I have done over the past 10 years and twisting it around and basically lying. But because he made these types of accusations, it worries me that if mediation does not work and we end up in court, it may be hard for me to get shared custody of my daughter. Can he just flat out lie like that? We both have lawyers and mine is more laid back while his is not. I just want to get through this divorce as quickly as possible and try to get along but he doesn’t seem to want to do that – he wants a war. What should I do? I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state? My Soon to be Ex is Trying Damage my Reputation, What Can I Do?He is bent upon damaging my reputation and I will remain silent until a court date. He has not responded to the divorce papers, nor the following notice of default. I’m in divorce process and was wandering if my wife would be entitled for alimony payments. We have been married in Russia about 20 years ago and live in US for 10 years . I agree to live her our house with an equity of about 100 K, 2/3 of our non pension savings (I only get about 35 K, she gets about 70K), and also agree to compensate her to equalize our pension funds. Will I need in addition of leaving her so much assets in her benefit still pay alimony if she decides to go to court? Also, would be divorce process any different for people who married in foreign country? I do not know what my rights are I’m married 10 yrs 3 kids in a very abusive relationship. I want to get out of My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I have been divorced for about 6 years and at the time of the divorce, I trusted my ex to support his six children without the request for child support. He has been terrible to deal with and I can’t get him to pay enough support to support my children. I should have listened to the lawyer at the time and asked for alimony and support. I am an active duty military member on tour in Iraq, I have two daughters with my soon to be ex-spouse, paperwork was not filed due to monetary issues prior to my deployment. My sister has a full parental power of attorney regarding my daughters…I am now concerned because she has been speaking of going to my sister’s house and getting my daughters. If I use a certain law firm to do a closing on my home, which is in my name only, and afterward I get a divorce, can my husband use this same firm to represent him in the divorce or is it a conflict of interest? The case has since been handed off to another attorney that works in the same firm but I still can’t seem to get this finalized. I stand to recieve a large sum of money that could be and could have been drawing interest since 1999. My ex-husband has a court order that he is not to drink alcohol 8 hours prior to or any time during his visitation with our 5 year old daughter. He is a diagnosed alcoholic. Proven in court – and that is the reason the judge imposed this order on him. I have confronted him – he admits to it and then tells me he’ll stop. My fiance was married for almost 8 years. His, at the time, wife had a child from another man. While they were married, they began to explore the process of adopting said son. They decided it wasn’t necessary for the price. I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned. My husband retired from a CA police department. Shortly afterwards he and his wife of 30 years divorced. She passed away two years later due to alcoholism and left her half of his pension to their son who is 45 years old. The son gave his father a certified letter requesting the return of his inherited half of the pension back to his father. The retirement board refused to acknowledge the letter and return the pension. Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. However, since he purchased the home in his name only, and his name is the only name of the deed, would I be entitled to my part of the equitable increase in value if we were to divorce? My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. The oldest son I will call him Greg, just turned 18. Ot his 18th birthday his biological mother threw a party at her home for him. The adults were all drinking liquor and smoking pot. Greg admitted that he was drinking with his biological mom and that she gave drinks to the 14 year old son as well. We have been told by childrens services that it is not illegal for a parent to give alcohol to their child. He (Greg) said that he would be willing to tell all to a judge if we end up in court over this. I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse. My final judgment, in the state of Florida, states that I have sole decision making authority for the health, education and welfare of my son; but that I should also make good faith efforts to include his father in the decision making process. I called my son’s father to discuss after care and the benefits of having our son stay with the facility he has been at since he was 1 1/2 yrs old. But he refused to discuss the best interests of our son and wanted his “karate school” to pick him up everyday. Am I allowed to make these decisions since it does pertain to our son’s best interests, eliminates additional stress and confusion (also for his new kindergarten school), and will help with his continued education? We went to court for the Equitable Distrubution Hearing, and now some 6 months later we have nothing on paper from the judge. I have been representing myself “pro-se” in this action and can’t seem to get anywhere with the court to put the descision to paper. Per my divorce decree, my ex was to maintain the premiums on his life insurance policy – he never did, so I paid the premiums each month. My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? My husband and I have 3 nearly grown children, and wish to have a cooperative and amicable divorce. What is the best way to do this? I married a man and became pregnant, due to problems we seperated before the birth of my child…we went to court for a divorce and the father gave up all of his parental rights (on his own freewill). Our marriage is about to end and he is threatening me that he will take the children if I do not pay him off. He has never worked full-time and is claiming he can do this as he is the primary care giver. My husband was married 25 years ago and ex told him she would only ask him to pay support if she needed it. So for the past 25 years no payment was made . Now the children are ages 36 and 25. My divorce was filed and granted by the judge 1/12/1983, a month prior to this date my attorney called me to say my divorce was final. I married the man I have been with now for nearly 25 years. Unbeknownst to me, we were married 3o days before my divorce was final. It has been kept a secret all these years,the husband of the first marriage is deceased,what do we need to do to get this marriage made legal or can we? “My husband married back in 1970. He then had an accident which left him in a coma. His wife went back to her family and did not bother to stay with him. He came out of the coma not realizing he was married. He married someone else who has since died. He then married again and divorced and then married me two years ago. Now the woman he married first has surfaced and refuses to divorce him, He has gone to live with her and walked out on me, where do I stand? He refuses to divorce me.” My wife and I are separated. Last week I checked my credit, and it is loaded with her medical bills. I never signed anything saying I would pay her medical bills. My ex-husband is verbally abusive. We have a 9 month old and he will say ugly things about me in front of our son. He tells me I get on his nervous and cusses at me. He calls me names, and he calls me several times during the day and night even when I ask him to stop. What can I do? I have been divorced for 3 years, my ex-wife contacted me and said that she was going to go back to court to try and get 1/2 my 401 K and pension. In the divorce agreement it states that I retain all rights to this. Can she reopen this after 3 years? The family law system is very much weighted against fathers. To compound matters, it’s very easy for women to manipulate the family law system to assure just about any outcome they want. How do I prevent divorce proceeding slander? How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork? What should someone do when their husband kicks them out of their home, is behind on the payments on the home and business that are in both of their names, and has become addicted to drugs? Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? Nowhere in law but in family law is there such a blatant disregard for the premise “the truth, the whole truth, and nothing but the truth.” A spouse’s own divorce investigation into her husband’s online adultry activities may actually be considered cyber stalking. When a non-married couple splits up and both people are on the lease, what can they do and what are their property rights? And when one of them threatens the other and pins them down, that meets the definition of domestic violence. If a married parent, with no pending divorce or separation, and no court orders, takes their child out of state without the other parent’s permission, are they guilty of interstate parental kidnapping? Is failure to disclose that one is an alcoholic grounds for a marriage annulment?
Who Is the Rightful Beneficiary When the Last Marriage Wasn’t Legitimate Because a Prior Divorce Wasn’t Finalized?
My Father-in-law passed away in July of 2012. He retired from the railroad, was ‘married’ four times, and has 5 children. He was married to wife #2 in Indiana (she mothered 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year) then ‘remarried’ 2xs after. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wives 3 & 4) but had wife #4 as beneficiary on all of his accounts (retirement, life insurance etc..) Well wife #2 filed for a portion of his retirement benefits, and it turns out that she & father-in-law were never legally divorced. I have been married for a decade to a Brazilian man, who I supported while he attended and graduated aviation school. Until 2007, I had been the primary breadwinner for our household. He now works for Republic Airways Holdings, Inc. (an airline) and has physically and financially abandoned me. In February left me with a $1,000 check to cover $1,500 rent and a 4 bedroom house, full of furniture to move. I have not seen or spoken with him since. My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation? My divorce was signed in 1997. I am a disabled physician. The onset of the disability was 1/97 -and was a psych problem. Because of this, I signed a divorce giving my children 50% of my disability check until they were age 26. 1 child is 25 now, the other is 14. Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc. My ex-husband is buying me out of the home and some vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of the loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but so what it always does), the ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal (he wants to pay me much less). I live in California. During my prior marriage, I disclosed highly confidential and private information to my then-husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. My brother got divorced in Kansas a few years ago. At the time he was sharing an apartment with his wife and daughter that was in his name. In the divorce papers she filed, he was ordered to leave the apartment, and she was to take over paying for the bills. He talked to the apartment complex, and because she didn’t make enough money, they wouldn’t take his name off the lease. Our judge granted our divorce 10 years ago but I do not think my ex ever paid the filing fees because I haven’t ever received the paperwork. Are we divorced? If not, can I go in and pay the fee and then it will be final? I’m in a divorce and our home is for sale – do I and our teenage kids have any rights, or does my ex-husband have all the rights? We all live here for convenience, but our house is for sale for $169,900 and I want to put it at $159,000 because the real estate agent thinks it will sell faster. I want to move out and can’t because I need the money. My kids want to move to town so they can get jobs, but my husband won’t budge. I have a question about if a girlfriend should be showering with children. I know it may not be a big deal, but there are other factors involved. My husband and I recently got divorced and have moved on. He has dated a woman for about 9 months now. She has been taking showers with my 3 year old when she is at her dad’s house for visitation. I don’t think it is appropriate for her to be taking showers with our daughter or our 1 year old. My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I have tried unsuccessfully to get an order of contempt on my ex-wife not complying to our MDA in Tennessee. The reason is her attorney keeps coming up with delay orders and has filed three times to be released from the case for non-Payment. Then the court dates to hear the case before judge are put off and at the last minute with attorney’s chambers meeting with the judge , her attorney withdraws her request to be released further delaying. My husband and I have been married almost 5 years. My husband was previously married and the home that we currently live in, he is the sole owner of, but his ex-wife and himself both singed the warranty deed. In the divorce decree it states that he is the sole owner, relieving the ex-wife of any financial responsibility. It also stated that he would have to pay her $1000, which was the amount of equity at the time of the divorce. My husband was ordered to pay spousal support in Virginia, where we used to live. We have both moved to different states and our divorce will be finalized in Idaho. Will the spousal support continue? I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all? I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. We are in Tennessee. During our divorce I gave my ex-wife all the cash our marriage had and retirement funds that I personally had, it was in in excess of 1.5 million. I then gave her COBRA for 36 months at a cost of 1k and alimony for 12 years of transitional type (non modifiable) I took the house that was underwater in debt to value and all contents. When my ex moved out she vandalized the house in excess of $50,000, plus stole over $100,000 in contents. During my Massachusetts divorce my now ex-husband’s attorney had a “friend” of hers assess our home for a fee. The assessment was well below what we had paid and we lost all of the $70,000 in equity so I walked away with nothing. I live in NJ and am getting divorced from my husband. He has an outstanding tax bill for cigarettes he purchased “tax free”. I’ve previously called NJ and was told that because it was his credit card and for personal consumption, I have no liablity. I just want to get your advice before the divorce is settled to ensure there won’t be taxation attempts to garnish my wages, since he does not work. I have a four year old autistic son, almost a year ago my soon-to-be ex-husband left town and I do not know where he is. I am trying to find out how to take his parental rights away when I don’t even know where he is. He has not paid me money to help, or contacted me. Who is responsible for medical bills our children incurred during our separation before the divorce was final? Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation. We both agreed that it would be in her best interest, and my ex-husband has been paying the bill.
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]
My question is, why would these 2 items be applied for? Are these items stating that his soon-to-be ex-spouse [...]