Divorce Legal Questions

A property settlement agreement is a contract like any other.  Accordingly, the terms in the agreement govern the rights and obligations of the parties.  When I draft an agreement, it contains a definition for the effective date which is the date the agreement is signed by the last one to do so.  However, some obligations and conditions are scheduled for a certain time after an event, such as the divorce decree. I would be happy to review the agreement for you to answer the question. 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

Thank you for your question.  Available resources are a concern for most when commencing divorce litigation.  In the event you are to retain counsel, you are free to utilize any savings and retirement assets available to you.  Additionally, if that is not an option, you can explore the possibly of utilizing the assistance of Legal Services in Gloucester County.  In the meantime, please remember you do not have to vacate your home on your spouse’s request.   You have the same right to the home as your spouse does.  I would recommend contacting an experienced family law attorney as soon as possible. ... Read Answer

A: How quick your divorce takes depends in part in the county you file the divorce in, as well as how quick the parties are to return the necessary documents.  One also needs to know whether there's any children and/or property/assets involved (even if the latter is going to be waived) as that may slow down the process somewhat.  Schedule a consult with a Divorce Attorney in your area for a full assessment.... Read Answer

Yes, the Court can mandate parents use Talking Parents for communication.  It can also specify a time frame within which communication must be answered.  If the Court does include such provisions in an Order, failure to abide by the Order could result in contempt of Court.   Sherri Murgallis Murgallis Law Firm, LLC 303-444-4353... Read Answer

The short version is that anyone can "dipsute" anything.  As to prevailing in a small claims or other action, the main question is what the actual facts are.  Why do you "not agree with the amount"?  If the sum recited is wrong, and you can prove it, then a court resolving the dispute should be amenable to an "NRCP 60(a)" argument -- essentially, that there was a clerical or copying error.  If the sum recited is, objectively, correct, then probably not.  If you are uncertain, the bezst bet would be to consult a lawyer.... Read Answer

I think this is a situation in which you should ask your family's help hire a divorce attorney. As for finding the right divorce attorney, ask other people who have had a divorce if they were satisified with their divorce attorney; you can also contact the free Michigan Bar Association lawyer referal service. Most divorce attorneys do not do much pro bono work.... Read Answer

Dear Anonymous:   Once you married your wife (3 years ago) any appreciation in the value of the house, including mortgage paydown and market appreciation, are included in a statutory formula to determine what share of the value of the home is yours.   As to the improvements you made to the home prior to the marriage, you may have a right to assert a claim for an equitable lien against the property.  You would have to be able to prove the value of labor and services you supplied to the home in order to prove up the amount you might be entitled to.  So, if you have receipts, time records, etc. now is the time to get these records together.  There is no guarantee you'd recover for the equitable lien, but surely if you don't  ask for it you definitely won't get it.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

Dear Anonymous:    Under Florida law alimony hinges on two main factors: * the need for a party to receive alimony, and * the other party's ability to pay alimony.   So although it appears you have a need for alimony, your husband's ability to pay  depends, in part, on what his monthly expenses are. in addition to what his income is.   You indicated you have not worked for 12 years, but, depending on your age, the Court could impute some income to you (possibly minimum wage depending on your skill set).  Keep in mind, any alimony you would received would be tax free to you,  and your husband would be taxed on the money, so we cannot look at gross income, but have to look at his net, after tax income, which would clearly be less than $80,000.    As to the length of your marriage, under Florida law,you have a long-term marriage, (over 17 years), where there is a presumption of you receiving permanent periodic alimony if there is the ability to pay.   Unfortunately, Florida does not have any tables that spell out an amount of alimony that a party should pay based on income, but rarely, if ever would it be 50% of your husband's net income.  Beyond that giving you a number would be like a surgeon diagnosing a patient over the phone.       As to the home, that is a marital asset.  You are entitled to half the equity in the home, and the court can order it sold and the net proceed split, or one party can buy the other out and pay to that party half of the equity.  Either way the house proceeds are part of equitable distribution, separate and apart from alimony.   I hope this provided you a little insight into the alimony process. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com    ... Read Answer

Yes. The fact that your wife left you, left the state and left the country does not mean that you cannot move forward with a divorce. The biggest issue in this type of proceeding is the service of process upon your wife of the filed complaint for divorce. After you file the complaint for divorce with the court system, you then need to arrange to have a copy of that filed  complaint for divorce personally served upon your wife, with your wife signing paperwork acknowledging her receipt of the paperwork. If you cannot get her to agree to accept the paperwork and sign the acknowledgement of service of those papers, then you need to hire a process server in her country to personally serve the papers on her and then he signs a paper acknowledging that he personally served her. That paperwork is then filed with the NJ court system and then the clock can begin to run on the period time under the statute to respond.  If you don’t do it correctly ( as explained above), the court cannot proceed with a divorce matter for you. In this setting, it is probably worth your while to hire a competent divorce lawyer knowledgeable in this procedure and who has access to process servers around the world.  ... Read Answer

Dear Ms. Bowman:   Under Florida law, any asset and liability acquired during a marriage becomes marital property. with a few exce[tions. So, regardless of  the fact that the home is in his name alone, it is marital property.  You also have homestead rights to the property as you are still married, and these rights permit you to stay in the property absent a court order or agreement. So even if he tried to sell the house, the closing agent would require you to sign off on the house...which, absent an agreement, I suspect you would not do.      That said, unless there is a settlement agreement wherein you get to keep the home, or an order from a court stating the same thing, you cannort automiatically get the house in your name.   If the marriage is over you should commence a dissolution of marriage action to preserve your rights.    Best of luck, Cindy S Vova Law Offices of Cindy S. Vova Broward-Miami-Dade-Boca Raton 954-316-3496/561-9622785 ... Read Answer

Assuming you were still legally married when you entered into the second marriage, you will need to file a petition to declare that second marriage void.  If you don't, you could run into issues down the road wherein your second "spouse" can allege interests in the marriage as an innocent spouse even if you separated and never lived together.  Furthermore, you would have another marriage certificate issued wherein no dissolution was acquired.... Read Answer

Dear Anonymous:     It is often said that a verbal contract is worth the paper it is written on.  So I would not rely on a verbal agreement.  However, that said, without a full review of the terms of your settlement agreement, it is difficult to give you an answer.  For example, was the non-residential parent supposed to make payments on the house?  If so, that might be a credit  you would receive if and when the house is sold.  However,  you do not say how the proceeds of the sale were to be split.      A defense you might raise is "laches."  This is a  non-statutory remedy that basically says if someone sits on their rights too long (i.e. not forcing the sale for 7 years), and you suffered a detriment as a result, and you changed your position in reliance of the party not requiring the sale,  then the party seeking to enforce the right could be precluded from doing so.    However, this is not a slam-dunk, as a court may also say that you would get a windfall by being allowed to keep the home.  Again,  a careful review of the original agreement, coupled with what has occured over these 7 years would be necessary to determine if you might be able to preclude the sale.   Best of luck,   Cindy S. Vova   LAW OFFICES OF CINDY S. VOVA, P.A.   Broward/Miami-Dade/Boca Raton   954-316-3496/561-962-2785    ... Read Answer

I'm not sure I fully understand the situation, but it will be -- at best -- difficult to undo a 25-year old quit claim.  There is a statute relating to "omitted assets" that permits a person who left something out of a divorce decree to "partition" it within 3 years of discovering the error -- but it is hard to see how that might apply to your facts, although you indicate your just found out "recently."  Consider looking at the 2015 article relating to the Nevada law of partition of omittted assets, which is posted here.  Then consider having a consultation with a family law specialist well versed in the subject of omitted assets.... Read Answer

The grant or denial of support is a matter of discretion with the court.  The Judge will take into consideration your needs and your spouse's ability to pay when making a decision regarding an award of support. The court will also review all of the statutory factors, which are relevant to a spousal support determination. I suggest that you confer with an experienced family law attorney in your area to discuss this matter in greater detail.  Lawyers generally charge by the hour.  Therefore, you need to discuss fees upfront to avoid any confusion regarding payment, when scheduling your consultation.  All the best~... Read Answer

Generally, an attorney will represent one party to the divorce but not both.  That said, some attorneys are willing to draft the decree based on the instructions of the parties.   Based on your inquiry, it appears you will need a divorce decree and documents regarding the real property (i.e., special warranty deed, deed of trust to secure assumption, etc.).   I think you have 2 choices:   1)  One of you hires an attorney who then drafts the final decree of divorce and the real estate related documents.  2)  You both hire an attorney to draft the documents based on your agreement(s).   The down side to option 2 is that the drafting attorney is essentially only a secretary drafting the documents and cannot give either of you legal advice.... Read Answer

Cases are resolved by agreement or litigation.  By agreement, a settlement involves an agreement between the parties.  If the parties are unable to reach an agreement regarding disposition of assets, it will be up to the court to decide the issue.  If a party seeks to purchase the interest of the other and the value of the property is not in dispute, it is highly possible that the court will allow the buyout.  However, it is not possible to fully respond to this question without knowing all of the facts.  For example, are there issues regarding the value of the property? Is the property marital property or part marital/part separate.  Where there any pre-marital contributions to the purchase of the house? The facts in each case will control the outcome.  Therefore, in order to protect your interest you need to confer with an experienced family lawyer to discuss this matter in greater detail. Lawyers charge by the hour.  Please discuss fees in advance for an initial consultation to avoid misunderstandings.  All the best~... Read Answer

An out fo state notary should be fine.  However, a New York summons does not require a notary so you do not have an issue with that. If you are taking about the divorce complaint, then again, an out of state notary should work.   This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read Answer

Try https://iapps.courts.state.ny.us/webcivil/ecourtsMain   go to supreme court a sthat's where divorces are filed.  Type in your name and see if anything appears.   This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read Answer

She cannot make you leave your home.  That can only be done by a court order, and usually that happens if there's physical or mental abuse involved. Good Luck.  This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read Answer