Divorce Legal Questions

Dear Ms. Waterman:   Knowing about "sociopaths" goes hand-in-hand with being a matrimonial and family law attorney, which I have been for over three decades.  It is unfortunate when marriages, especially those that are short term, have to end with such acrimony.     I don't know if your friend has an attorney at present, but it sounds like she at least needs a consultation and some guidance once she can advise an attorney of more facts surrounding her particular case.    It is nice of you to look out for your friend!   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/ 561-962-2785... Read Answer

You should not file a simplified dissolution and file a Petition for Dissolution of Marriage without Children. He can then sign a waiver of service, sign all of the required documents and you could appear alone at the final hearing. Not a problem, it can be done easily, but not quite as easy as a simplified dissolution. I hope this helps. Good luck!... Read Answer

Thank you for your question. It’s absolutely terrific that you and your soon to be ex have agreed upon substantially everything.  The details about the house should be part and parcel of your MSA (Matrimonial Settlement Agreement).  There can be different variations of how to handle this.  Typically if one spouse remains in the home until the children complete their schooling or otherwise, that person pays the bills for the house which are contributed to by the non-residing spouse by way of alimony or some other credits upon sale. This should be resolved in the MSA. I hope this was helpful to you.... Read Answer

Call the lawyer's office to see what is happening.  A lot of people, including lawyers, are being infected with covid, so you need to get to the bottom of what is taking place.  Further, when a lawyer files a Complaint is usually decided between the client and the lawyer.  It can vary from a few days to a month or more, depending on what was decided by the lawyer and his client. Call the lawyer and find out if there is a problem.  If so, maybe, you want to go with someone. Best of luck~... Read Answer

Most lawyers are conducting interviews via telephone or webcam these days as a proper protocol for covid.  I suggest that you call around to see if you can find someone that you are comfortable speaking with and make arrangements for a telephone consult. Please note that most lawyers charge by the hour for office consults.  Therefore, you need to discuss fees in advance of setting up a meeting to avoid any misunderstandings. Best of luck~... Read Answer

No credible family law attorney should ever answer that question, other than to say that it depends on what issues are outstanding in your particular matter. If you have legitimate custody issues outstanding then the cost of a retainer is materially different than the retainer for a matter with no children, limited or no assets, and both parties working full time earning approximately comparable incomes. The best suggestion is to interview 2 -3 family law specialists to see which lawyer you feel more comfortable with, comfortable with the advice given, and the pricing for the issues outstanding. The only other thing I can say is that if you were suffering from a brain tumor and wanted the best chance of recovery/ success, the least important factor to you would probably be the cost of the retention of that expert. So, im suggesting that "cost" not be the most important factor in the analysis since one lawyer may be cheaper but another lawyer may have much more experience and the ability to cut through the process easier - food for thought. ... Read Answer

You should certainly appear for the January 5 hearing. It will be virtual so you should be able to log in from wherever you are. If you plan to get an attorney, ask the judge to grant a continuance to give you time to hire an attorney. If you do not plan to get an attorney, you may find help in representing yourself at www.texaslawhelp.org. ... Read Answer

If you are the only party on the rental, then the car is your responsibility.  The deciion to charge for theft belongs to the D.A., but as a matter of civil respnsibility, you could be held liable if you "permitted" an unlicensed driver to take the car and did nothing to try to report it.  You should probably tell the rental agency that the car has been taken by your husband without your permission, and it will be up to them to decide what to do about it.... Read Answer

Dear Ms. Avery:        Based on the length of your marriage, under Florida Law you may receive permanent periodic alimony.  That is a sum paid monthly by a former spouse indefinitely unless you remarry, either party dies or there is a substantial change in circumstances, or you have a substantial supportive relatinship with another individual that would allow either party to attempt to modify or terminate the alimony.      Alimony in Florida is based on need of one spouse and ability to pay of the other spouse.  Although it seems that you have a need, your husband's ability to pay (and how much) becomes the issues that a court must decide.  The court must also decide your needs and whether you have the ability to earn any money on your own to reduce the amount needed for alimony.     So, yes, you do have a legal remedy to pursue alimony.  You are also, generally,  entitled to equitable distribution of the marital assets and debts.     If you are served with divorce papers, it would likely benefit you to at least have a consultation with an attorney who could review your case and help you move forward.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward, Boca Raton and Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

Your husband and you are married. Let those words sink in. Your husband is not paying for your car. Again, since you and he are married, marital monies are paying for your car along with a host of other expenses and your husband does not have the right to take your car away from you as if "he pays for it". What is equally relevant is that you and he have been together for 32 years and not simply 3 years and there is a published New Jersey family law appellate court decision called McGee vs Mcgee, written by then-Judge Long ( who later moved up to the NJ Supreme Court), where she reversed a lower court decision because the trial judge failed to consider the period of time that the parties lived together before they were married in trying to "equitably" address the issued then before the court.  After McGee was decided, our state legislature changed the law by requiring people who lived together to put in place a writing as to the terms of their relationship so as to reduce the ability of one party to later file a "palimony" lawsuit, alleging that they lived together with specific promises of support and asset accumulation. At that point, most family part lawyers thought that cohabitation settings could not give rise to future claims, and then the NJ Supreme Court at the end of 2016 rendered a decision where the parties lived together for about 8 years and then married and remained married for about 1 1/2 years and as they were getting divorced, husband got a tremendous bonus ( over a million dollars) based on his work efforts over the prior 10 year period of time on a project. The trial judge said he could not consider the period of time that they lived together before their marriage in the division of that bonus in the divorce. The NJ Supreme Court disagreed and said that he received that bonus as a result of their joint marital type sacrifices together and therefore the lower court was required to reexamine it and provide the wife with her "proper" share of that million-dollar bonus to account for the entire time that they were together - which means that if you and your husband have lived together for the past 32 years as if you and he were a married couple, you may have significantly greater rights to the assets acquired during that period of time than you think. Translated, you need to meet with a family law specialist, knowledgeable on the case law addressing the "tacking" claims that may be available to you ( including any retirement assets he may have as well).  ... Read Answer

It is not entirely clear what you are asking, but we have posted a flowchart showing the steps to be filed in a divorce case here.  We also have pages describing in detail the process and substance of all the issues that might be faced, such as property division, spousal support/alimony, and everything else.  Sometimes, you only get your lawful share of assets if you insist on it.  I suggest you look around the site, review the posted information, and call if you have any other questions so we can try to answer them.... Read Answer

You have a lot of options -- from calling law offices to the self-help center's "Ask-A-Lawyer" free consultations on Thursday.  Since it is unclear what you are trying to do, or why, please feel free to call our office and speak with one of our attorneys -- we will answer your preliminary questions if we can.... Read Answer

Nevada law (the Dimick case) says that pre-marital separate property is yours and no one has the ability to say or do otherwise.    You may have to file for divorce and file a motion asking for your premarital property to be returned to you; you should probably consult a qualified family law specialist.... Read Answer

You must e-file the counterpetition through the e-filing system. Your spouse will receive it through that system. Contact the clerk for the court where the original petition was filed to get more information about how to file the counterpetition. Some courts will allow you to file in person, but most require e-filing.... Read Answer

If the home was purchased during the marriage, it is community property and subject to being divided in the divorce. The division can happen in a number of ways. The home could be sold and the proceeds of the sale split between you and your wife, or one of you could buy the other person out and refinance the home, taking the other person off the loan. If you purchased the home before the marriage, it is your separate property and not subject to division in a divorce.... Read Answer

As part of a divorce matter, if the intent is to permit your wife to retain the home as her asset alone, you / your lawyer can require that she not only indemnify you for any liability in the event of a default on the payment obligation but that she be obligated to refinance the existing mortgage obligation within a specific period of time to remove your name from the obligation. That type of setting is routinely addressed by counsel in a divorce matter and made a part of a court order in a divorce or made a part of a divorce settlement agreement. ... Read Answer

The critical issue is residency status. Many people maintain dual citizenship and have homes elsewhere in the world, but those elements alone do not confer jurisdiction on a court system. In New Jersey ( with minor exceptions), to file a complaint for divorce, you must be a resident of the state, physically live in New Jersey, and engage in actions to show that you intend New Jersey to be your primary place of residence. Simply having a home in New Jersey and maintaining US citizenship is insufficient for jurisdiction purposes. ... Read Answer

If your husband was legally married to someone else when he married you, your marriage may not be valid. To have the status of the marriage legally determined by the court, you should seek an annulment.  You could request the name change as part of that proceeding or request a name change outside of that proceeding if you do not file for an annulment.... Read Answer

The notice you received should tell you what is considered deficient and therefore what you need to do about it; without seeing the paperwork, it is difficult to be more specific.  If you do not have an attorney, there are ways of getting some quick assistance.   Consider looking at the forms at the family law self-help center.  https://www.familylawselfhelpcenter.org/self-help     If you are unable to figure it out, consider a consultation at the free ask-a-lawyer event (now done telephonically) every Thursday afternoon, or consult the legal aid center to apply for assistance.   ... Read Answer

Thank you for your question. SSDI is considered as income on the Child Support Guidelines worksheets and is factored in to the parents’ child support obligations.  If a child is receiving derivative benefits, that will count as a credit towards the non-custodial spouse’s child support obligation.   In terms of whether the court correctly applied credits, we would need to see more information, including the child support guidelines worksheets calculations with supporting documentation and any court order, and we would encourage you to schedule an appointment for a consultation.  ... Read Answer

Thank you for your question. Every divorce is different and divorce costs vary based on the issues present in the divorce and whether or not you will need to go to court or can settle out of court. The best way to understand how much your divorce will cost is to consider the level of conflict present and the number of contested issues. Are you and your spouse on reasonable enough terms that you could work through your issues out of court? Are you already in agreement over issues such as what will happen to the house and custody of your kids? If yes, then costs can generally be minimized. The best way to estimate the costs of your divorce is to meet with an attorney who can go over your case and give you an estimate of what to expect. I hope this information was helpful to you. ... Read Answer

In my expeiance, simple seperation agreements can range from $700 to $1,500 .  More complicated agreements can cost more becuase they require more work.  You should shop around and be sure to tell the attorney's you speak with about your particular circumastanes.  Where you live can also affect the price.... Read Answer