Divorce Legal Questions

Much more information is needed before your question can be answered. What stage is your divorce? Do both parties have attorneys? Has a divorce settlement agreement been signed by all the parties and their attorneys? Has the "packet" of divorce papers been submitted to the clerk for review before it goes to the judge to sign the decree? Or is it with the judge? Or are there outstanding papers that need to be drafted and signed?  Even in this age of no-fault divorce and even in an uncontested divorce, there is a mountain of paperwork that needs to be submitted to the court before the decree is signed by the judge. Once that paperwork is submitted, it is appropriate for your attorney to make periodic calls to the clerk to ascertain the estimated time before the papers will be reviewed by the clerk or the judge, depending on the stage. If corrections need to be made, the clerk will inform the attorney or party who submitted the papers. Once you answer these questions, you'll get a more helful answer. ... Read Answer

No, you cannot make the other party sell personal property. With a marriage of this length, you would be well-advised to speak with an attorney to assure that you receive an equitable distribution of the marital assets. For instance, is spousal support going to be awarded? If so, how much and for how long? This one issue alone could account for tens of thousands of dollars over the course of time. Please feel free to reach out to me if you would like to discuss your situation.... Read Answer

Retirement divisions usually require entry and submission to the plan a specialized court order telling the plan how to divide the benefit. It depends on the plan what type of order you need. I can take a look at it to let you know. I can draft the order but because I am licensed in IL, you would need to enter it in court and send it to the plan or retain a SC attorney to do so. Cynthia Petersen - info@petersenlawandqdros.com... Read Answer

While it is theoretically possible to raise fault claims for a divorce, there is absolutely no practical reason for doing so.  To the contrary, the same is an utter waste of time and money which does not benefit either party in any way.  Rather, PA has been a no fault state for 40 years and that is the course that should be pursued. I trust that answers your question but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Dear Anonymous:   Generally, all assets accrued and liabilities incurred during the marriage, whether by one party, or jointly (regardless of how an account or asset may be titled) are divided equally.  However, if one party can prove marital waste (i.e. he spent money on another woman) then those liabilities or wasted assets are put back in the marital "pot" for the purposes of what we call equitable distribution.   As to alimony, the basic premise is whether you have a need for alimony and whether your husband has the ability to pay it.  A 9 year marriage  is considered a short term marriage under Florida law, and if a party otherwise qualifies to receive alimony, the recipient can get alimony for a maximum of half the length of the marriage, which, in your case, is 4.5 years.  As to the amount, it really depends on both party's net incomes and a laundry list of other factors that are set forth in  FLorida Statute 61.08.  Here is the link http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html   These are a little too complicated to get into in this answer, particularly when you have not provided any other facts about your specific situation but reviewing the statute may give you more insight. As to child support, Florida has a formula based on the number of children, the net incomes of the parties (and if you receive alimony, that will be added to your net income and deducted from your husband's income) the number of overnights each parent has,  health insurance costs for the children and child care expenses , if any.    In addition, where there are children involved in the divorce the parties must first come up with a parenting plan that encompasses parental responsibilities including, but not limited to timesharing, including holidays, travel and decision-making authority.  One would have to establish the parenting plan and the number of overnights each parent has with the children before  child support can be calculated.  Understand this is an overview of the basic issues that must be resolved in a divorce, and  you could probably get a better understanding of your situation if you  sought a consultation with  counsel and provided the missing facts to that person. I wish you the best of luck.   Cindy S. Vova  Family Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Boca Raton-Palm Beach: 561-962-2785... Read Answer

Most divorce courts in Texas have issued standing orders that prohibit a spouse from cancelling insurance policies during the pendency of the divorce case.  If the court in which your divorce is pending has done so, you may be able to file a motion for contempt or a motion to enforce the standing orders.  With a motion for contempt, your wife can be fined or jailed for violating the court order.  With a motion to enforce, you may be able to persuade the court to give you from your community property a sum of money equal to the value of your truck when it was stolen to allow you to replace the truck.  I would argue that should be awarded to you before any other division of your community property as part of a just and right division because, but for your wife cancelling the policy, there would have been insurance proceeds to help you replace the stolen truck.... Read Answer

Yes, you can file an emergency motion for continuance at any time, including three days before your trial begins.  You will need to describe in detail the emergency and support the factual allegations with an affidavit or declaration.The fault issues and domestic violence issues should be raised in your pleadings and do not need to be raised in the motion unless they are germane to the emergency requiring a continuance.  To be clear, only learning recently that you have grounds for a fault-based divorce based on past conduct you witnessed or experienced does not constitute an emergency.  Past domestic violence that you experienced or witnessed, similarly, does not constitute an emergency.An example of a good ground to support an emergency motion for continuance might be that you have recently been hospitalized and do not expect to be released from the hospital before your trial is scheduled to begin.  If you have been hospitalized because of a recent domestic violence incident, then that incident would be germane to the emergency.... Read Answer

I cannot comment on the status of your retainer with counsel, but all attorneys are obligated to communicate with their clients in a prompt fashion and similarly handle matters for which they were engaged.  If you have a fee dispute with your attorney, you have several options:  1) submit a complaint to the local bar 2) submit a complaint to the PA disciplinary board  3) sue her. I trust this answers your question but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

An immigrant can adjust status to get a green card after marrying a US Citizen on ESTA but ONLY if the immigrant's intent CHANGES after entering the US to wit: from only wanting to visit upon entering the US to wanting to get married and remain permanently after a few months visiting. ... Read Answer

While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.... Read Answer

If you own a home and have three children together, this is not a do-it-yourself project.  You need to hire an attorney experienced in divorce law in or near the county where you live.If you are awarded the home, there may be an owelty lien established if one of you has to buy-out the other's interest in the marital residence.  There almost certainly will need to be a special warranty deed of either of you keep the house.  If you have a mortgage, you will likely want a Deed of Trust to Secure Assumption to keep the current loan at the current interest rate.The more items you and your husband can agree to in advance, the less an attorney will cost.  If you can agree on most items now, you might be able to get an attorney to advise you on those things you haven't thought about and to complete all of the paperwork for $5,000 or so.  If there are major areas of disagreement, budget more for legal expenses than that.... Read Answer

It is unreasonable and suspicious that your husband would discourage you from at least speaking to other counsel.  Your husband’s lawyer is his lawyer, only, unless the lawyer agrees to represent both of you and you each sign a waiver of conflict.  I don’t favor that representation as it is fraught with uncertainty.  Rather, you are better served seeking advice from other counsel who is hopefully reasonable.  That is crucial because one who is not may advocate for litigation when settlement will serve you best.  Many people do not retain an attorney, but have one review the final settlement agreement to advise whether it is a good deal and reasonable.      If you need funds and your husband makes more than you, you should consider seeking spousal support which can be pursued through Centre County DRO. https://dadsrc.org/domestic-relations/ I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Dear Anonymous:       Under Florida law, unless the parties have an agreement, filed with the Court, and, in most instances, ratified by a court order after a hearing, a parent cannot relocate with children more than 50 miles from where that parent was living at the time of the divorce.  So, the short answer is no.         However, Florida Statute 61.13001 provides specific directions as to how a parent can petition the Court to move with the children more than 50 miles.  First, the statute provides that if the parties agree, they can enter into an agreement, have it filed in the Court and, unless one party requests a hearing,the parent may move.      In the absence of an agreement, the statute sets forth specific requirements that must be included in a Supplemental Petition for Relocation.  The petition must be  filed in the Court, and served on the other parent through a process server. Then the parent who is served has 20 days to object to the relocation by filing an objection with the Court.  In the absence of a timely filed objection, the parent who filed the petition may get an order permitting relocation.      If an objection is timely filed then ultimately the matter will be heard by the Court and a judge will make the final decision.   There are 11 factors set forth in the statute that the court must consider in rendering its decision, including the final factor that states "any other factor affecting the best interest of the child or as set forth in Fla. Stat 61.13," which has yet another 20 + factors.    Here is a link to the statute: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html   Read it carefully because it is very specific, and any failure to follow it precisely could result in the court  rejecting the claim, even before considering all of the other factors.   Good luck to you and your wife! Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785          ... Read Answer

Dear Anonymous:      If you receive a gift from another individual and no marital assets were used to acquire same, then it is not part of marital property.  This is more particularly true once you have filed for divorce.  However, if there was any residual value in the old vehicle, then that value would still be part of marital assets.  So,  if you were to sell the old car and get $1000.00 for it, then that $1000 would be marital and subject to equitable distribution in the divorce.    I would make sure you can prove that the new vehicle was a gift and that no marital assets were used to acquire it.   Best of   luck.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade-Boca Raton 954-316-3496 -Broward/Miami-Dade 561-9622-2785-Boca Raton... Read Answer

Given the short duration of your marriage, alimony is not an issue. The broadstrokes answer to your question is that she is not going to be entitled to assets that you came into the marriage with. However, she may be entitled to a share of any appreciation of those assets. It would be easier to discuss your situation over the phone if you would like a complimentary consultation.... Read Answer

If the QDRO was for a pension through a private employer or union, and it was entered prior to the participant's retirement, it is usually a "separate interest" which pays you for life and is not tied to the length of your marriage. If it is a government pension there may be different provisions but, again, payment length is usually not based on length of the marriage. You can contact the plan directly and they can give you specifics about your award.... Read Answer

I only practice in PA so can only answer regarding PA law.  However, generally, a suit of any kind, including divorce, cannot proceed without notice to you.  In PA, you may be served certified mail or personally by any adult individual. If the divorce was entered in Delaware, you should speak with Delaware counsel to determine the procedural facts and whether you are able to challenge the decree.  I trust this has been helpful, but don’t hesitate to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer