Alaska Recent Legal Answers from Lawyers

How much a divorce costs is dependent upon its complexity and whether the spouses are contentious (e.g. fighting about everything). Are their children of the marriage? Do both parties want the divorce? Is there an agreement on property (and debt) split? There is about a $150 filing fee + fees if children are involved plus attorneys fees if you hire one. Attorneys fees can be cheap $100,000 if very complex and contentious. In MI a divorce has statutory minimum time limits without children of the marriage a minimum of 60 days with children a minimum of 6 months (180 days).... Read Answer

Under the visa chart for November 2012, only those individuals who applied under the F-2B category for unmarried sons and daughters over the age of 21 of permanent residents before October 8, 2004 (for all born in countries of the world other than Mexico or the Philippines) can finalize their immigration to the States. Thus at this time, there is an 8 year backlog. Visa chart time, however, does not equal real time, and so the actual time of waiting could be longer or shorter dependent upon the number of people applying and whether the allotted number of visas is increased, remains the same or is decreased by Congress. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Generally, to have joint decision making, you need to have shared parenting, not a custodial and non-custodial situation. If your court agreement requires joint decision making, then the other parent cannot move the children's school until you agree, you reach an agreement in mediation, or the court decides. You should consult local counsel on stopping the change of schools.... Read Answer

Please see: http://www.lawyers.com/All-Areas-of-Law/Alaska/All-Cities/attorneys-and-law-firms.html?s=hazardous%20materials&ns=y&st=q&form=LHOM This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

I would suggest that you hire an attorney to help you through this process. What you are trying to do is called a stepparent adoption. In order to sever the bio dad's rights you will have to prove that he had not had any meaningful contact for a year and that he has not paid for support for a year. He has to be served so that he can argue if he wants. An attorney can help shepherd you through this process so that you can effectively fight for your rights.... Read Answer

In Alaska the courts presume 50/50 - in other words that is where they start. Usually it must be something serious to have them vary from this formula. What they look at is the best interests of the child. There are a number of factors that are in the law that the courts follow to make this determination. An attorney can help you fight for custody so that it is fair to you.... Read Answer

If you only have a verbal agreement then both of you have rights to the child if you are married.You may want to consider a divorce, that way you can make sure that a court is ordering whatever agreement you come up with. The courts usually follow a parent's agreement as long as it is in the best interests of the child. You do not mention how old the child is because that could make a difference. An attorney can help you understand what your rights are and help you fight for the proper custody arrangements.... Read Answer

Once the sheriff escorts you out, if you return to the premises, you will be trespassing. If you take anything left behind, you will be stealing. Why did you wait so long to deal with this situation, especially with 6 children? Where will they go? You shouldn't be wasting time posting questions on legal websites when you need to put a roof over your kids' heads- you need to sort your priorities!... Read Answer

Your very short marriage does not entitle you to much given he came to the marriage with separate marriage. You might ask him for a couple of months of support to help you move. However without being married you may not be allowed to stay in the US after your temporary card expires. You should consult with a immigration attorney.... Read Answer

You should contact a creditor's rights attorney in the state where the sale occurred, or where the company is domiciled. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies. ... Read Answer

If your apartment is not habitable due to an insect problem, you may be able to terminate your lease. Prior to doing so, you should provide your complaint to the landlord in writing and if it is posing a health hazard, file a complaint with the health department. If the landlord continues to refuse to address the problem after written notice and a reasonable time to do so, you should be able to break your lease. Before doing so, make sure you have adequately documented the problem.... Read Answer

Let it go. Yes, the landlord is required by Arizona law to properly account for all deductions from your deposits, which it does not appear that they did. On the other hand, you signed a lease and are responsible for rent until the end of the lease term. The landlord said you could move to a different unit and later changed his/her mind, but unless you have something in writing from the landlord, s/he will likely claim s/he said that you "may" be able to move if a unit came available or some similar excuse. You stand to lose much more than you may potentially gain.... Read Answer

Generally speaking, if you are merely showing photographs of products that you actually sell, and that you have purchased lawfully, you should not have a problem. You may not use the trademarks of the manufacturers in a way that suggests that these manufacturers endorse your web site or your business (rather than, as is the case, their respective products). You can manage your exposure by including an appropriate disclaimer in a prominent manner at your web site.... Read Answer

A creditor can object to the discharge of a debt pursuant to 11 U.S.C. 523 if they can prove that at the time the debt was incurred the debtor did not intend to repay the debt.   So, if the medical creditors are able to prove that, those debts might not get discharged.   Having said that, I have never seen a medical creditor file an objection to the discharge of a debt.  Moreover, they would have to object within the narrow time frame set forth under the Bankruptcy Rules, and most medical agencies are not sufficiently organized to even recognize a bankruptcy case has been filed during that time frame, much less figure out they have grounds to object. You should, nevertheless, consult with a bankruptcy attorney in your area for more specifics on how these types of things are handled in your jurisdiction and to discuss all relevant factors. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

It is not clear to me that the businesses with which you are dealing have any legal duty to provide an interpreter. Under Title III of the ADA -- and assuming that the businesses in question constitute "public accommodations," which is not itself certain -- they must merely provide you with appropriate aids and assistance, not the particular assistance you demand. As I am sure you are only too painfully aware, many small businesses are unaware of the requriements of Title III, and many of them find compliance with these kinds of regulations too burdensome. Indeed, under the ADA, they need not comply with the "assistance" requirements of Title III if doing so would "fundamentally alter" their services. They may have a reasonable argument that sign-assisted driver ed would be a "fundamental alteration" of their services. It might take you years and thousands of dollars to litigate this question to a successful conclusion. To be blunt, the quickest route to the goalpost for you will be to hire your own sign interpreter. If you are unable or unwilling to do so, it may be years before you get relief from the judicial system. You can, if you wish, file a complaint with the Civil Rights Division of the Justice Department. Sometimes, life is just unfair. This may be one such occasion.... Read Answer

You can file for a divorce in Alaska if you are a legal resident. There are exceptions for the military for you to do this. But you must prove your residency but showing an intent to return to Alaska, i.e. an Alaska driver's license or applying for the permanent fund, etc. If you have children it may be a different story because some courts have held that it is an "inconvenient forum" if there is a custody battle and the children are far from Alaska. It is decided on a case by case basis. Your best bet would be to consult with an attorney to make sure that all of your issues are covered well.... Read Answer