Montana Recent Legal Answers from Lawyers

The value of the land, equipment, grain, and his interest in the partnership and all of its assets, all less debts are, at the start, generally are 1/2 yours. Spousal support depends on a number of circumstances. The case should have been long over, 5 yrs is much too long for a divorce case to remain unsettled. You need a divorce attorney with an understanding of business/farming or at least a second opinion of the present status. We have that experience.... Read More

My advice is to listen to your attorney, or get a new one. But the new attorney may tell you the same thing. This divorce has been going on for five years and now you want to get a new lawyer? It can be done, but the new lawyer is going to have to spend many hours catching up on what has been going on these five years, and then he/she is more likely to miss some of the details. You should understand, on this site, we don't know what state you are in, and I only practice in NY, so I don't know what equitable distribution rules apply in your state. Generally speaking, you should be entitle to half of the value of the marital assetts. So, if your husband owns half of the partnership and acquired that ownership interest during the course of the marriage, then you should be entitled to half of the value of his half of the partnership. It's the partnership that is the asset, not the land etc that it owns. Similarly, you (should be) entitled to half of the value of the land etc that you and your husband own together. Perhaps not the assets themselves, but the value of the assets. As for education costs, if you are talking about future expenses, that's on you. If you are talking about student loans already incurred, then it's possible he might have to contribute, but again your lawyer is in a much better position to answer that than I. Regarding spousal support, usually the key factor there is "disparity of income" so if he is making a significant amount more than you, that's when it comes in to play. Otherwise, if you are each capable of supporting yourselves, then it's a wash.... Read More

You will need to go to a city near a local farming community and speak to various divorce attorneys to see who you like. This site can not recommend attorneys [anyway, I do not know any divorce attorneys]. You can drop by the courthouse to see if any divorce attorneys are trying cases to see if you like their style [often their can be an inverse relationship between aggressiveness and competencyif you don't have any facts to argue, blow smoke]. You can prepare a short passage on what you are looking for and why and e-mail it to the web sites of divorce attorneys. In a divorce, almost any terms can be entered into, as long as not against public policy or the law, that the parties agree to. So your husband could give up his interest in the land he owns with his brother, but do you want to have to deal with the brother? Partnerships can be dissolved or interests transferred. Do not yet give up on spousal support [unless you earn a lot more than he does] as you may want to use it as a bargaining chip to get more of what you want. Remember, California is a no-fault state, so technically it does not matter that he cheated on you.... Read More

Your claim on the partnership assets depends on too many factors to guess, however, your husband was the partner so if he brought it all to the marriage he will probably receive it. Maintenance (alimony) is not favored. Vocational retraining is more likely depending on your situation. Our office never handles family law so you should listen to your current lawyer.... Read More

First read your homeowner's policy. Since they can differ, you'll have to rely on it for your information about what it covers, or perhaps you'll want to call your agent. Often policies do cover you against injury done 'by' your houseguests. In a lawsuit by the neighbour against you, he'd have the burden of proving by a preponderance of the credible evidence that your (daughter's) dog caused the damage. This may be hard to do. On the other hand, you or your daughter did have the legal responsibility to keep the ridgeback mix under control. I doubt anyone is going to sue you. Put it to your insurance company and see what they say.... Read More

Based on the information you provided, you do have a cause of action for personal injury against the college - with damages including the costs of medical care, compensation for pain and suffering, and compensation for any lost wages/income (past and future, due to the reduced function of your hand resulting from the injury) If you wish to sue, do it right away: even though the statute of limitations lets you sit on your case for quite a while, it is not in your best interests because the evidence gets lost, the memory of the witnesses grows dim, etc. Also, you have to be aware that, if the college is a municipal institution, you must make a notice of claim within 90 days.... Read More

The question to be answered first is whose negligence was greater, that of the teacher (or sponsoring entity)or yours. They apparently did not check to see the guardrail was missing, and you did not look to see the guardrail was in place before you started to use the machine. You may wish to consult a personal injury lawyer who can review the relevant facts and context in more detail.... Read More

You could very well be liable. If an object leaves or escapes from your property and causes harm, as between you and the victim, you are the more negligent. Nature helps cause lots of problems, but if you are the person who might affix or tie down or hold in something from your property, you could well be held liable. Good Luck.... Read More

You could go to small claims court and seek damages for the medical care and for your son's pain and suffering. But that is not generally a good first step. It may be something your neighbour will refer to his insurance company, but that does not preclude a lawsuit although it would be best to draft a demand letter to your neighbour, setting forth all the facts and costs, and asking him to notify his insurer. If you get no satisfaction from that course, then you might want to sue. Does your municipality have an ordinance against letting dogs run loose? Good Luck.... Read More

Since it virtually never snows in Wisconsin in June, I cannot imagine that this is a Wisconsin question. Or else it has been sitting around for some time until it arrived here today, 11th June. This is the Wisconsin corner of this site. You may wish to ask again in the area for your State. In general, check your lease. Check the municipal ordinances (in any library or city hall or at your alder person's office) about such responsibility. I cannot know if you have a state law governing such things, but you might want to contact a lawyer in your own community with this question.... Read More

For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is most insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.... Read More

I don't believe you have a lawsuit worth pursuing. Even if you did have a right to sue your non-biological father, lawsuits are about money for damages that your "ghost daddy" could never pay you. The lawsuit process of depositions and hearings would further tie you to him and force interaction he does not want. It would not be good for you either. He sounds like a deadbeat loser in many many ways. It is not your fault that he is so petty. For the sake of reducing his child support payments a tiny amount, he betrayed your trust as well as needlessly upset your siblings. Very small minded man. Unfortunately, the legal system can't heal this kind of injustice. However, what goes around comes around. He will get bowel cancer sooner rather than later now, for sure. Stay bonded with your mother. Remind your siblings that your history together and mother's blood make you family forever no matter what the jerk says about you or her. You all can overcome this POS. In a surprising twist, shouldn't you be happy his genes, in fact, aren't part of you? As bad as he is, he's not part of you. On the issue of finding your biological father, don't obsess. If and when the time is right, it will happen. If not, the mystery doesn't have to change things. Good Luck with your dreams.... Read More

It will depend on how persuasive a presentation you make. This is the kind of situation where retaining an experienced personal injury can make all the difference. He or she will know how to look for items of damages that are not apparent to a lay person. No less important, he or she knows how to locate and present evidence in court. Good Luck.... Read More