Divorce Legal Questions

Likely you will need to amend your petition for divorce to add a request that the Court confirm paternity of the child since the child is not technically a child of the marriage.  You can provide a certified copy of the acknowledgement of paternity as an exhibit to your petition.  Unless someone challenges the AOP the Court should confirm paternity.   It seems unusual that the Court would deny a TRO due to this situation, but some Courts are very particular about the pleadings and require you to be very precise in your pleadings.... Read Answer

I agree with the other answer.  Since I am a PA attorney, I can advise you on a free initial basis. I assume the mortgage was obtained before your name was put on the deed.  Either way, if your name is on it, it is marital property and your property under PA law, generally. The first step is to file a divorce case.  Then we can try to negotiate a settlement of the marital estate.  If settlement is not possible, the matter will require litigation to obtain your equitable share. I hope this answers your questions, and, if you live in Southeastern PA, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

If you don’t own the house, the same may still be marital property.  Marital property is defined as property acquired from the date of the marriage to the date of separation.  Accordingly, you could point out that she might owe you money which is at least some leverage for an agreement.  Theoretically, you could ask the court for special relief precluding her evicting you until the case is resolved.  Also, if the PFA was denied, she could be liable for filing a false petition, but it all depends on the facts and whether there was any good faith basis.  Once again, it is at least some leverage. Barring your attempt at obtaining special relief, your wife can seek to evict you under Landlord Tenant Law. I hope this answers your questions but feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

The best way to handle an interim support setting is to agree IN WRITING exactly what amount your "soon to be ex" will be paying you or on your behalf, each month and under what circumstance, if any, you have the right to invade assets subject to division in your divorce. In that writing, it should identify all of the assets subject to division, their account numbers, account balances so that you and he know exactly how much money is available for division in the divorce and if the account is less later on, then either you and he agreed to invade an account for the payment of a specific expense ( ie a root canal at a cost of xx) or the invasion gets charged against you or against him in the division. The agreement should also spell out exactly what he will be paying for on your behalf. As an example, if he is  paying the mortgage of XX, the homes utility services of approximately xx per month, the auto insurance of xx per month, giving you xx per month with payment of the 1st of xx and payment of xx on the 15th of the month.... spell it out so that there is no misunderstandings later as to how much was to be paid, etc. ... Read Answer

I am a family law attorney and have been practicing in that field for over 12 years and then helped attorneys in the field as a paralegal for years. Unfortunately for you, California is a "no fault" divorce state.  In other words, her "indiscretions" are not factors in considering the elements of a divorce.   I'm sorry that you have to pay $5200 a month-- must be for spousal support since your children are now over 18 years old. Perhaps a re-evaluation should be performed since she is working and offsetting the amount you pay.  You don't tell me whether you've been ordered to pay or you are voluntarily paying nor how the amount was calculated.  There are a lot of factors to consider in ordering a monthly payment. California, as a community property state, means that the spouses own the assets on a 50-50 basis.  That means she owns half of everything you own, including your retirement plans. Sorry you are in that situation!      ... Read Answer

Divorce is messy and difficult. You need to find a divorce attorney as soon as possible. Contact Michigan lawyer referal at 800 968 0738 If you are still in the residence, and it is safe to do so, I recommend staying there until your divorce lawyer gives you further advice. If you are in physical danger, do not hesitate to seek a PPO, even if there is only 1 domestic disturbance on record, he likely has a criminal record related to his drug abuse which will support your request for a PPO. The most important thing is to keep you and the children safe. If for any reason you do not feel safe, call the police, if you feel you cannot stay safely where you are, get to someplace safe fast. Best of luck to you I wish you strength in this ordeal.... Read Answer

A divorce decree not only dissolves the bonds of matrimony, but resolves any equitable distribution issues.  Accordingly, if assets and debts have not been addressed and incorporated into a divorce decree, neither party has any rights regarding property of the other.  If the house was in your name, only, the title company is wrong to require any further action.  One option is to suggest that the buyer obtain another title company. Kindly note this response is only based on the facts provided.  If the facts are actually different, the answer may be also. Feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Marital property is defined as property acquired from the date of marriage to the date of separation.  While the house is in your name, any increase in value for the 2 years you were together is marital property.  She would need to prove that value, if any, and you have an equal interest in any assets she acquired or which increased in value during that time. Real estate is rarely sold to satisfy equitable distribution in divorce, unless by agreement.  A full analysis is required to provide a better answer and I offer a free initial consult. Feel free to call or email me next week to discuss. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

I assume that your question is related to divorce as you would certainly enjoy any proceeds as part of a marriage.  Under PA divorce law, marital property is defined as property acquired from the date of marriage to the date of separation, including any increase in value.  If you are seeking a divorce, and the house was acquired after you were married, the entire asset is martial.  Otherwise, it would only be the increase in value. Feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

The quick answer is that you can't kick your husband out of the marital home.  Even if it's only in your name and even if you are the only one paying all of the bills.  Once you live there together during the marriage it becomes the marital home.  In order to terminate this marriage you are going to need grounds for divorce - either a one year separation (six months if you don't have kids together and can get him to sign a property settlement agreement) or fault grounds, such as adultery, cruelty, or desertion.  If you don't have any of those grounds then you may have to move out of your own home for a year in order to get your one year separation, then you can ask to be awarded the house in the divorce.  Once the divorce is final you could evict him, as he would no longer be your husband.  The other option is to try to complete yout separation under the same roof, but this is not usually advisable because it requires a higher level of proof that you are really separated - that is, you would need a witness who is very familiar with the living situation.  I have been able to get divorces done this way, but the witness has to be really good - like a tenant, a nanny, or some other person who is practicially living in the home with you.... Read Answer

According to California Community Proprrty laws, you each have 50% interest in all assets obtained and debts incurred during marriage, assuming there is no prenuptial or premarital agreement between you and your husband stating otherwise. Generally, you do not have to return the money spent during marriage whether the source is through pension, wages, salary or other means. I hope this answers your questions. However, l suggest that you consult with an attorney to get more specific answers that will apply to your case. You May contact our office to schedule a telephonic consultation. ... Read Answer

I have no idea what the terms of your divorce settlement agreement provided for but presumably you waived alimony or the judge handling your divorce matter asked you if you were waiving alimony. Presuming my understanding is correct, you would need to show a change in circumstance from the time of the divorce or you would need to show that the terms of the settlement agreement are unconscionable. Simply saying that someone from a divorce center was not available to meet with you at the time you signed the agreement, etc is not a legal basis for reexamination of an alimony waiver. ... Read Answer

I’m guessing that your current relationship with your father is not the best and he is angry and being angry, he is lashing out at you and trying to make you feel guilty or make sure that you know that he paid an amount towards your school costs in excess of his legal obligation. I don’t know how ( if ever) for you to repair your relationship with your father BUT legally, he has no legal right to require you to reimburse him for the amount he paid over and above what he was legally obligated to pay based on the agreement in place with your mother. If your father was to file a lawsuit against you for the excess payments, you need to send him a frivolous litigation letter, notifying him that any such claim is not proper and that you will be forced to retain counsel to oppose his claim and that all costs incurred by you in opposing it, potentially will be his responsibility under the frivolous litigation laws. ... Read Answer

Generally, when a divorce decree is entered, the only rights either party retains are found in the Order of Court either approving a settlement agreement or equitable distribution.  The only exception to that is fraud. If you entered into an agreement and merely neglected to include retirement as part of the distribution, that would not serve as a basis for a fraud exception. I trust this answers your question, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You should get a California attorney to help you find out if you were divorced.  If you remarried while still married, you are committing bigamy.  Most of the time no one prosecutes.  But your current "husband" could raise it in your divorce, because your claim to community property is dependent on your being married.  You cannot be married to two people at the same time so your second marriage would not be valid. It would become valid upon your divorce to the first husband (if you are not already divorced from him). This is for general educational purposes only.... Read Answer

        It’s not that easy to afford an alimony and child support obligation and he will have to prove that he is permanently disabled as determined by the social security administration and even if he is found to be disabled, the court and the ex-have the right to look behind his claim. And, presuming the court concludes that he is capable of work, the court has the right to impute income to him and impose obligations upon him – which means that if you and your husband maintain joint accounts, the court has the right to require an investigation into those accounts. So, it makes better sense to maintain separate accounts and be prepared to prove that the money into your account was from your employment only. If your husband deposits money into your account or if there are monies into your account from an undisclosed source, presume that the court has the right to question the source of those monies.... Read Answer

Thank you for your question.  Suspension of alimony for a period of time is not a termination of your obligation.  Any unpaid alimony during the suspension period  will be added to your arrears balance. You are able to check this balance by logging into your child support account. Typically, repayment of arrears is also paid back weekly by tacking an arrears payment onto your court ordered weekly alimony figure, such as an additional $25 or maybe $100 per week.  The amount of this arrears payment can be addressed with the Court.  Thus, proof of your declining business and income may help to keep the arrears payment manageable.  It is unlikely that the Court will force the sale of your home and vehicles.  I would strongly recommend you consult with an experienced family law attorney to assist with this alimony issue.... Read Answer

The relevant statute says: NRS 125C.0065  Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.       1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:       (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and       (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.       2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:       (a) Without having reasonable grounds for such refusal; or       (b) For the purpose of harassing the relocating parent.       3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359. Yoiu indicate that you are still married and that your ex does not consent.  Other statutes indicate that until a court syas otherwise, you two have joint legal and physical custody, and the courts require either consent or a court order before departing, or departure with the children could be held against you in further motion practice. I suggest you review the custody and relocation materials posted on our Child Custody page, posted here, and then call and discuss the matter with one of our attorneys so we can see what can be done to assist you.   Marshal... Read Answer

Dear Anonymous,  What you are going through is very difficult. You have the right to be respected as a Wife and Mother. If you are not already in counseling, then I suggest that you seek a therapist to help you process your emotions during this time. If you are thinking that you are ready to end the marriage, you should consult several different divorce attorneys to help you better understand your options and find someone that you are comfortable with.  Do not hesitate to contact my office. ... Read Answer

With the limited facts you have provided, I would recommend asking the attorney you have in for your divorce proceedings. However, usually any inheritance a person receives would be considered their separate property.  This would mean that if someone inherits money or property from someone, that is a gift to them and is their separate property.  Accordingly, anything a person inherits usually is separate property and therefore, not taken into account if that person later divorces.  This may change if the person co-mingled the money with community property such as depositing it a joint checking account.  If they kept it in it's own account, it would stay separate property.  This is why I would recommend speaking with your divorce attorney so that you can determine how to treat an asset such as an inheritance.  ... Read Answer

If there was a property settlement agreement which discussed custody, it likely contained a provision about the child credit.  If your brother is supposed to get it, the spouse possibly violated the agreement and could be held in contempt. I would need to review the agreement, but, even without that, there may be a cause of action against her.  Either way, like it or not, the IRS probably wont take action against her but I am happy to review the matter. Feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer