Divorce Legal Questions

While most people will say that they "fought" for specific things as part of a divorce, it does not mean that their matter proceeded to trial & resulted in the court rendering a decision on the issues presented. So, your starting point is whether there is a settlement agreement. If there is a settlement agreement, then the matter was settled and presumably, the court never made rulings of the issues contained in the agreement. I can tell you that over the course of a 34 year career handling divorce & family law matters exclusively, I have had clients want specific things as part of a divorce, which the other side would not agree to or which realistically were not practical and we  had to have "heart to heart" discussions on whether it made dollars and sense to pursue.  Its not healthy for your father to repeatedly tell you that he fought for a particular parenting time plan as part of the divorce and that your mother opposed it. I have no idea if that is true or not and I have no idea whether your mother had a legitimate reason to oppose it ( if she did oppose it). The best advice I can give your dad and you is that he stop the discussion on the divorce and focus his energies on how he can be involved more in your life today. Tell your dad to stop it since all he is really doing is disparaging your mother. If he wants a better relationship with you, tell him to let go of the anger and focus on being in your life constructively today and for tomorrow. Telling him that you love him and want him to be in your life more today, will also help him move forward with his life as well. If he refuses and continued to bash your mom, then it should also become clear that he cannot let go of the past and wants to blame her for his unhappiness and there is nothing in the court's file that will change that setting. And, lastly, if their matter was tried to conclusion before the court and you really wanted to get the transcripts, you can fill out the form from the family part, identifying the docket number, dates of testimony, etc and the transcriber will then let you know if they still have the tapes available for transcription and what the cost will be per transcript. Presume that each transcript ( if full day) will cost you about 1,000.00 per day of testimony with the payment made up front.  ... Read Answer

I'm not sure anyone can answer that question without carefully reviewing the actual divorce document. One way of reading your question is that you had retirement from previous employers but that now it's gone, which depending on how it "got gone" could be a problem. I don't know that she would have a direct claim to your new retirement, but if there was money she was supposed to be entitled to and it somehow vanished,Certainly any current assets or income source, like your new retirement, is going to be on her radar.I try to stay away from answers like "you need to speak with a lawyer," but you do.... Read Answer

The 401k is marital. I'd say the farm is marital at this point. The portion mortgages and the portion you jointly built on are clearest. The un mortgaged 25 acres would require a closer look. Being marital does not mean a court would have to award you half, though that's a starting point. ... Read Answer

She can not force you to move out becuase your name is on the deed.  However, that may not prevent here from being able to have you removed if she can convice a court that you are a domesitc abuser or the court (if you have minor children in common) awards her use and posseion of the home.  However, a use an posseion order is not nornally granted until after a formal complaint for divorce is filed with the court and several months have passed.  In granting such orders, the court considers all the issues raised by the parties, but often ends up grant use and possession fo the home to which ever parties is also awarded temporary custody of the children.  Such orders are temporary but can last up to 3 years from the date a divoce is actually granted.  Who ends up payng for the mortgae and the utilities is also an issue the court will often decide based upon the equites and the parties ability to contribute to such expenses.... Read Answer

If you have no children and own no property joinltly, you  still can be granted a divorce from your husband.  However, it may tak somewhat longer if you are unable to locate him.  Once a complaint for divorce is filed with the court and a writ of summons issued, the Defednat (in your case, your husband) muwt be served with the writ and complaint and has 30 days to answer.  If you are unalbe to locate him, you must ask the couet to allow what is refered to as "Subsituted service", which allows for service by publication among other means.  However, that process will take longer.  Once the court is saticfied that reasonable attempts to serve your husband has been made, the divorce action can proceed resulting, most likely, in a default judgement if he does not "answer" or otherwise contest the action.  You may also want to condier having a private investigaor or process serving compnay perform a skip trace to see if he can be located before filing your compalint. ... Read Answer

  Hi Amanda, Based on the facts you have provided, you would be entitled to an immediate divorce. Under Louisiana law, a couple has to wait a predetermined number of days separate and apart prior to finalizing a divorce, 180 days without minor children or 365 with minor children. As you appear to have been living separate and apart for well over either of those periods, we can file a petition for divorce under Louisiana Civil Code Article 103 attesting that you have already lived separate and apart for the requisite amount of time and are entitled to have your divorce certified without further delay. Your ex will need to be served with the divorce petition and a legal delay of 10 days allowing him an opportunity to answer the petition will have to run, but without any objection or other issues arising the process can be completed fairly quickly. My office is available to assist in guiding you through this process. Please feel free to give my office a call at (337)237-0492 and set up a free consult so that we can discuss. Thank you.  ... Read Answer

Technically, a child born during a marriage is presumed to the child of the husband.  However, if your husband does not claim any rights to the child, your son would not normally become a subject of the divorce case.  If your husband claims legal rights to the child, such custody/visitation, you have to request a paternity test and challenge his right to seek such relief.  Lawyers.com offers general information and not legal advice.  It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail, based upon all facts in your case.  Lawyers charge by the hour for their time, therefore, you need to discuss fees prior to setting up an appointment to avoid any misunderstandings about the cost of a consultation.  Best of luck~... Read Answer

 Dear Anonymous:      In order to modify alimony the party seeking to do so must plead and prove that there has been a substantial change in circumstances, not contemplated at the time of the judgment awarding the alimony, that is involuntary and permanent in nature.  Unfortunately, you are not able to monitor what your ex does with the alimony.  If, however, she is able to invest in stocks because she has more income (besides your alimony) than she had at the time of divorce, then that may be partial grounds to modify.  You have to meet all the conditions stated above to prove your case.   Best of luck to you. Cindy S. Vova, Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com       ... Read Answer

Thank you for your question. It may automatically if paid via wage execution and/or through a probation department. Additional information is necessary to be able to guide you in this matter. Please schedule an appointment with an attorney so that he/she can obtain additional facts and guide you appropriately.... Read Answer

I presume you tore up your wife’s clothing because you felt justified, after concluding that she was cheating on you. The simple answer is that tearing up someone else’s clothing is not acceptable and could give rise to that person filing a domestic violence complaint against you or asking a divorce court to impose sanctions against you for the cost of the damaged clothing in a divorce matter. Hopefully, you are concluding that it is unacceptable to destroy her clothing because of your anger ( or for any other reason). If she has cheated on you, then you need to decide if you and she still want to work through this infidelity to try and save the marriage. Not every act of infidelity requires a marriage to end. It means that you and she are at a crossroad and both of you need to decide how much the marriage means to the 2 of you and whether its worth trying to save. As to your spouse cheating on you, I have no idea as to why it occurred, but in most cases, its because something went wrong between the 2 of you. Simple example is where you are working long hours and she is lonely and when you come home, you are angry, frustrated with issues from work and distant. After tme, that loneliness can become overwhelming and maybe she felt that you simply did not care about her sexually any longer. Sorry.... but I dont know your life or what occurred to cause your spouse to cheat but most often, its not a simple. If you cannot forgive her for her actions or if the 2 of you are not equally committed to working on rebuilding the relationship and the trust, then the solution is to divorce.  ... Read Answer

Lawyers.com offers general information and not legal advice. You are asking for specific information, which cannot be provided unless you provide additional information.  You need to consult with a family lawyer in your area to discuss this matter in greater detail. Most lawyers charge by the hours, therefore, you need to discuss fees and cost for an initial consultation before setting up a meeting.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are asking for legal advice, which cannot be provided without additional information.    There are rules governing the disposition of property and you must have a clear understanding of those rules to know and protect your rights.  You need to meet with an experienced family lawyer in your area to discuss all relevant facts in your case regarding the division of marital property in the Commonwealth of Virginia. Please note that most lawyers charge by the hour, therefore, you need to discuss payment arrangements before setting up a meeting to avoid any misunderstandings.  Best of luck~... Read Answer

Hello, I am not sure if I understand what you mean by "papers will be signed on the 23rd of June."  When you say papers are you talking about an agreement or a court order? If an agreement is signed, this raises several other questions, such as has the Complaint been filed with the Court.  If so, how do you plan to present evidence to the court?  Will it be via deposition, ore tenus, or affidavits?  Are there any outstanding issues? Or, have you resolved all issues? Unfortunately, your question cannot be answered without additional information.  It may be in your best interest to meet with a family lawyer in your area to discuss the matter in greater detail.  Lawyers charge by the hour, therefore, you need to work out the details of the payment before you set up the appointment.  Best of luck~... Read Answer

Thank you for your inquiry.  As a general rule, if parties reach "an agreement" regarding spousal support, the agreement is controlling and the court lacks the authority to take any actions contrary to the terms of the agreement.  If there are provisions in your document, which authorizes you to seek court action for an increase, after the expiration of the 10 year period, you may be able to modify the support.  However, in the absence of any saving language that reserves the court's authority to act there does not appear to be a basis for a modification.  Finally, Unfortunately, your questions cannot be answered in this forum because it will require a careful review of your agreement and the court order.    It is worth it to you to consult with an experienced family lawyer in your area to review the document, which holds all the answers.  Most lawyers charge by the hour for a consult, therefore, you should discuss this in advance to avoid any confusion about payment.  Best of luck~... Read Answer

Divinding property in divorce can be very complicated. The answer to your question would require additional information, but as a general rule, if you have paid on a mortgage during the marriage, your husband may have a claim to a portion of the home's value. It would probably be well worth the cost of consulting an attorney in your area to discuss the specifics of your situation.... Read Answer

Your facts are not entirely clear.  You do not indicate where the two of you last lived together (the "last matrimonial domicile") which is important in such situations.  See the discussion in my article "The Basics of Family Law Jurisdiction," posted here.  Also refer to property and alimony law in Nevada here and here.  It would probably be easiest to do a preliminary jurisdictional analysis over the phone; please call at any time during regular business hours, and one of our lawyers will step through it with you and determine where you must proceed.... Read Answer

Dear Ms. Foster:         I am not clear on your question-  but I am assuming that your current spouse was required to maintain a life insurance policy on his life for the benefit of his ex wife?  Clearly you would not have the responsibility to pay the premium.  However, there may be  provisions in the agreement of divorce that allows for the policy limits to shrink over time, or other provisions that could be invoked to petition the Court to limit or terminate this.  You should have a legal professional review the original divorce decree and see if there is a way to modify this.  It is possible that if the policy lapses and your spouse dies that the former wife could have a claim against his estate.  Best  of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/5610962-2785  ... Read Answer