Divorce Legal Questions

If your divorce agreement required her to be fully responsible for a second mortgage that had your name on it, but then filed for bankruptcy, he/she is required to indemnify you as a result of any judgment.  You may need to bring a motion in order to enforce the terms of the divorce agreement.    Please contact me if you would like to have a further discussion.... Read More

Technically the lawyer can do this because it is a different case than the one between you and your prior spouse.  It's not an actual conflict, but it is pretty frowned upon to file a suit against a former client.  But the very fact that you say he represented both of you in the first divorce indicates that this attorney is playing fast and loose with the rules of ethics.  He could not have represented both of you as your lawyer.  He could only have acted as a mediator, if he is qualified to do so.  I think it is more likely that he actually represented your ex-husband and considered you the adverse party, but failed to make that clear to you.  Lawyers can get in a lot of trouble for that.  He should have made it clear which one of you he was representing and he could not provide legal advice to the other.... Read More

If your spouse is incarcerated then he is considered legally incapacitated and would have to have a guardian ad litem appointed on his behalf to protect his interests.  This is true even if he is not contesting anything in the divorce.  Appointing a GAL is not complicated, but it would probably be worth it for you to just hire a lawyer to take care of this for you.  It doesn't have to be expensive, if there is no property in dispute.  But you woudl be responsible for the GAL fees, as well.  A preliminary question is whether you last lived together in Virginia or in California.  Because, if California, then you probably need to file there.  While he could consent to jurisdiction in Virginia it might make things more complicated for the GAL to contact him.  May be best to do the divorce in California.  But if you have no connection to California it could be done here. ... Read More

(1) Contact your lawyer & ask for a specific update on the Judgment package.  (2) Access the E-File system yourself so you can see what activity has been done on your case.  (3) If still not satisfied, hire another attorney.  For more info and/or a 2d opinion, call a Bronx Divorce Attorney to schedule a consult.... Read More

When a property is deeded to both spouses, it is typically considered marital property, even if it was originally gifted to one spouse. By adding your husband to the deed, you converted what was initially your separate property into jointly owned property. This means that, in the event of a divorce, he could claim an equal share of the property unless there are specific agreements, such as a prenuptial or postnuptial agreement, stating otherwise. If your sister is facing divorce, she should consult with a divorce attorney in her state to explore options for protecting her interests in the land. A skilled attorney can review the circumstances and potentially negotiate a fair property division or seek to classify the property as separate under certain conditions.... Read More

Signing your husband’s name on a check without his explicit authorization may constitute forgery, which is a criminal offense. Even if you believe the funds are marital property, the law requires that both spouses comply with legal processes for accessing and dividing shared assets. To protect yourself and your daughter, it’s critical to avoid any actions that could expose you to criminal charges. If you need immediate financial assistance for safety or legal support, consider seeking a temporary restraining order or protective order, which can include financial provisions. A family law attorney can help you request emergency funds through the court while pursuing a divorce. Additionally, organizations and shelters for domestic violence survivors may provide resources and support to help you and your daughter escape safely.... Read More

In New York, biological parents are primarily responsible for supporting their children. As a stepmother, you are generally not obligated to pay child support for your husband's child from another relationship. However, if the biological parents' support is insufficient and the child is at risk of needing public assistance, the court may consider the step-parent's financial resources to ensure the child's needs are met. Given that your husband is unemployed, it's possible the court could look to your household income to support the child and prevent reliance on public assistance. It's advisable to consult with a family law attorney to understand your specific obligations and options in this situation.... Read More

Although I'm a Maryland divorce lawyer, I can share some general guidance. If you're considering separation or divorce, it’s important to consult with a family law attorney in your area who can help you navigate the legal process, particularly when marital conflicts involve complex family dynamics. An attorney can assist with separation agreements, property division, and ensuring your rights are protected as you work toward a resolution. Or, in the event of no agreement, a competent attorney can make sure you have your ducks lined up in the event of litigation. Don't wait until the last minute like most people, be proactive now.... Read More

I’m sorry to hear about the challenges you’re facing. While the situation is emotionally charged, it’s important to focus on the facts and your legal rights. Here’s what you need to know about their threats: Wedding Costs:In California, the cost of the wedding is generally not something either party can sue for after a marriage. Weddings are considered gifts, and courts typically don’t allow reimbursement for voluntarily incurred expenses. Money Given During the Marriage:California is a community property state, meaning that assets and debts acquired during the marriage are typically shared equally. However, this doesn’t include gifts or expenses that were willingly provided during the marriage. If your husband gave you money, it would not typically be recoverable unless it was clearly documented as a loan. Defamation or Slander:If their accusations cross into false and damaging claims about your character that can be proven as untrue, you may have grounds for a defamation claim. Consult an attorney to explore whether their behavior meets the legal threshold for slander or libel. Legal Recourse:Your husband and his family can threaten to sue, but most of these claims would not hold up in court. However, given the emotional nature of the situation, it’s wise to protect yourself legally by documenting all interactions and seeking advice from a family law attorney. Although I’m a Maryland divorce lawyer, I frequently counsel clients to focus on what’s legally enforceable versus emotionally charged threats. In your case, a California divorce attorney would be the best resource to guide you through the process and ensure your rights are protected.... Read More

I'm sorry to hear about the difficult situation you're facing. Since you're in Texas, your legal rights to the home are protected under community property laws if the home was acquired during your relationship. Here's what you need to know: Ownership Rights:If your name is on the title, you are legally recognized as a co-owner. In Texas, community property rules apply, so any property acquired during the marriage is presumed to belong to both parties equally, regardless of whose name is on the title. Your ex cannot unilaterally remove your name or refinance without your consent. Community Property and Buyouts:Even if the home was solely in your ex's name, you might still have a claim if it was acquired during the marriage or if you contributed financially (e.g., toward the mortgage or improvements). Typically, your ex would need to either buy out your share of the home or agree to sell it and divide the proceeds equitably. Protective Orders:While the protective orders restrict your access to the property, they do not affect your ownership rights. It's crucial to continue complying with the orders to avoid legal complications, but these orders don’t strip you of your financial interest in the home. Legal Recourse:If your ex is pressuring you to give up your rights without compensation, you should not agree without consulting a qualified divorce attorney. Although I'm a Maryland divorce lawyer, I often advise clients in similar situations that ownership disputes in community property states like Texas require a fair resolution, such as a buyout or an equitable division. You deserve a fair share of the home’s value, and a Texas divorce attorney can help you assert your rights and negotiate or litigate as needed. Don’t let your ex’s demands pressure you into giving up what you’re entitled to.... Read More

In California, the court requires full disclosure of all assets and debts during the divorce process, including in a Summary Dissolution. If your assets exceed the property limits and you proceed without disclosing them, there could be serious legal consequences: Potential Annulment of the Agreement:If undisclosed assets are discovered later, the court could invalidate your agreement. One party could reopen the case, leading to additional legal proceedings and potential penalties. Legal Sanctions:Failing to disclose assets can result in fines, attorney fees, and other court-ordered penalties. California courts take transparency in financial matters very seriously. Risk to Mutual Agreements:Even if both parties agree now, this agreement may not hold up if one party changes their mind or challenges the terms later, especially if there’s evidence of concealed assets. Court’s Access to Financial Records:If disputes arise or the court suspects misrepresentation, it has the authority to subpoena financial records and uncover hidden assets, including bank accounts. Although I’m a Maryland divorce lawyer, I often emphasize to clients in similar situations the importance of full disclosure in any divorce process. Courts across the country, including in California, prioritize transparency to protect both parties and avoid future disputes. For California-specific guidance, it’s best to consult with a licensed California attorney to ensure compliance with state laws.... Read More

I'm sorry to hear about the challenges you're facing with alimony payments. Navigating interstate enforcement can be complex, but there are steps you can take to address this situation: Register the Georgia Alimony Order in Colorado:Under the Uniform Interstate Family Support Act (UIFSA), you can register your Georgia alimony order in Colorado. This allows Colorado courts to enforce the order as if it were their own. To do this, you'll need to file the necessary documents with the Colorado court system. Once registered, Colorado courts can assist in enforcing the order. Initiate Wage Garnishment:Since your ex-spouse is in the military, the Defense Finance and Accounting Service (DFAS) handles military pay. You can request DFAS to garnish his wages for alimony payments. This requires submitting a valid court order that specifies the alimony amount and directs the employer to withhold the specified amount. Seek Legal Assistance:Given your financial constraints, consider reaching out to legal aid organizations in Colorado that offer free or low-cost services. They can assist with the registration process and provide guidance on enforcing the alimony order. If you’re dealing with enforcement complexities, consulting a divorce attorney can provide insights into how similar interstate enforcement processes might work, as many family law principles are consistent across states. Document All Communications:Keep detailed records of all communications with your ex-spouse regarding alimony payments. This documentation can be crucial if legal action becomes necessary. Stay Informed:Familiarize yourself with both Georgia and Colorado laws related to alimony enforcement. Understanding your rights and the legal processes can empower you to take effective action. Taking these steps can help ensure you receive the alimony payments you depend on. Although I'm a Maryland divorce attorney, this advice should be helpful in light of the UIFSA and its application across states.... Read More

You can check the Virginia statewide case information system to see if a case has been filed.  Only Fairfax and Alexandria Circuit Courts are not included.  Just select your county and click Civil and put in your name to search for any cases filed against you.    Here is the link: https://eapps.courts.state.va.us/CJISWeb/circuit.jsp... Read More

Yes, in California, sellers have a legal duty to disclose if a murder occurred in the house. This was established in the case of Reed v. King (1983). In this case, the court ruled that sellers must disclose facts that materially affect the value or desirability of the property, including non-physical defects like a history of violent crime. The court emphasized that such information is not readily observable by the buyer and is known only to the seller Reed v King,  145 Cal. App. 3d 261 (1983)... Read More

Inheritance is expressly excluded from the marital estate.  However, non marital assets are relevant to determine how much of the estate each party will receive.  That is the nature of equitable distribution based upon need, separate assets, and earning potential. I trust this answers your question but feel free 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 More

Include a claim in the divorce to change the name back and you should be fine:   Petitioner's current legal name is ______; Petitioner wishes for her name to changed back to ___________.   Best of luck to you. Even if it is expensive, I ALWAYS recommend hiring a lawyer for these matters ESPECIALLY if you do not have one yourself.    ... Read More

If you received a letter from the Court, and not a lawyer's office, it sounds like you have already been sued ro collect this debt. If you have been sued and do not defend the case, a judgment may be entered againat you for the amount they claim is owed, plus interest, their costs and attorneys fees. This judgment could also appear on your credit report for another 10 years. You should discuss the letter that you received with a lawyer in order to help determine exactly what is going on.... Read More

Dear Anonymous: It really depends on the terms of your personal injury settlement. Did your spouse sign off on the settlement?  If a lawsuit was filed, was it filed in the name of both your spouse and you?  Did the settlement reference a "loss of consortium?" If the settlement statement was signed by both of you and your spouse was a party to the lawsuit, then most likely the proceeds would be considered marital property.  How much of the settlement is marital is another issue because, for example, if you had gone to trial a jury might have awarded you a certain amount for injuries, loss of income, etc., while awarding your spouse for the loss of your "services" "companionship, etc." Also, even if you were the only party who settled the case, if you comingled any of the settlement proceeds with other funds (i.e.  had the settlement money in a separate account, and then added any money to it) then you may have tainted the entire account and converted it to a marital asset. Bottom line:  absent a settlement that says: this is yours and this is your spouse's, and then you keep the funds totally separated, whether the car purchased with the settlement funds is non-marital is not a clear answer. A possible solution would be to have a postnuptial that expressly states the settlement proceeds or anything you do with them will remain non-marital.  However, a postnuptial requires full financial disclosure, should be done by an experienced family law attorney, and will cost to have it drafted. If you are planning to divorce, then I'd just hold off on the car purchase for now. Best of luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Miami- Dade: 954-316-3496 Boca Raton: 561-962-2785 www.vovalaw.com... Read More

There isn't really enough information to answer your question.  In general, if you have reason to believe that your child support is set incorrectly, your best course of action is to consult with an attorney about filing a petition to modify child support.  In order to modify child support, you will need to show that there has been a substantial variance of at least 15% between what was originally ordered and what would be ordered using current information when calculating child support pursuant to the Tennessee Child Support Guidelines promulgated by the Tennessee Department of Human Services.  If the issue is that your employer is not withholding child support from your paycheck, you can always pay child support by making the payment yourself directly to the State of Tennessee's Child Support Receipting Unit.  The website below has information that can provide you with how to do so, and it includes options to pay electronically or by mail: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-payment-information/paying-child-support.html Be sure to include both the Court Docket Number, the TCSES Number, and follow the directions set forth in the website above carefully to ensure that you get credit for your child support payment.... Read More

Purchasing a home either during the pendency of a divorce or in anticipation of a divorce can be highly problematic for a number reasons.  If a divorce complaint has already been served upon you, purchasing the home might constitute a violation of the mutual statutory injunction that automatically goes into effect upon the filing of the divorce.  Additionally, if you purchase your home prior to the divorce being finalized, the home will likely be considered marital property subject to equitable division in the divorce case.  If you commingle separate funds with marital funds when purchasing the home, you might be transmutating your separate property into marital property.  I would recommend discussing the facts of your case with an experienced divorce attorney in order to determine your best course of action moving forward given the particular facts of your case.... Read More

Divorce, like most civil matters, begins with a complaint.  While the parties may wish to blame each other, as a practical matter, there is no legal reason to do so.  Rather, PA is a no fault state so parties don’t need to prove fault to obtain a divorce decree.  A decree may be issued either by consent or separation for more than one year.  If the former, the parties must wait 90 days after the complaint is served upon the defendant to consent.  I trust this answers some questions but you are welcome 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 More

Good morning. You have several questions in your email which require more information before responding.  I can tell you however, that if there is an agreement on all issues including property division, support, custody and parenting time, then yes the process will go more quickly but there is a statutory waiting period when there are minor children before a final Judgment of Divorce can be entered. Because you have children and are pregnant now, I suggest you speak with an attorney to get a better understanding of your rights and and the divorce process.  I would be happy to speak with you via phone when convenient for you.  My office number is (248) 594-9991. Thanks Patricia Kasody-Coyle Esq Jackman & Kasody PLLC... Read More