Divorce Legal Questions

You can file a visa petition for your spouse whether or not she changes the name on her passport. She is allowed to use her new married name. Consider working with an immigration attorney. There are many forms and documents to file. Case processing could be delayed if mistakes are made. Some of us charge an affordable flat fee to handle the case from start to finish. ... Read More

Dear questioner, Unfortunately, this question ended up in the "construction law" category  (by what mystery of the algorithm I cannot say), which means it is unlikely to get answers from knowledgable family law attorneys.  Lawyers.com does allow responding attorneys (we are all volunteers) to update the category, and I have moved it to "divorce" in hopes of getting you better responses. Best of luck.... Read More

Dear Ms. Saker: Under Florida law all property acquired during the marriage (with few exceptions) is considered marital.  Thus, even if your name is not on the deed to the property or, if the home  is rented,  and you are not on the lease, you still have a right to remain in the marital home. There are, of course, some exceptions.  If a spouse obtains a domestic violence injunction against the other spouse, the person whom the injunction is against can be removed from the residence by the local sheriff without a hearing.  However, the removed spouse has a right to a hearing to present his/her side of the case within 15 days of the date of the entry of the order. This works both ways.  I sincerely hope this is not the case, but if you are in fear of your hsuband because he has made threats against your safety, or if, again, hopefully not, he has been physically abusive towards you, then you may be able to obtain an injunction against him and have him removed from the residence. There are also time when, once a divorce is filed, a spouse can request exclusive use and possession of the home during the pendency of the divorce.  This is discretionary with the Court, but usually a Court does not grant this relief unless there are potential threats of violence, or if one party has made it wholly untenable for the parties to continue to live together. You state that you are "separated," but are you still living in the same residence? If so, I would suggest you stay put now and during the pendency of the divorce, once filed, unless any situations as described above occur. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read More

 Dear Evonne: If you have a simplified divorce (sometimes called uncontested) you can likely file the case yourself, but it has to be done by both parties together. Click on the  link below, and it contains the the instructions on what you need to file a simplified divorce, as well as sends you to the forms you will need to complete.   If you still need help some firms may be willing to assist you on a limited fee or flat fee basis to help you get through the system, since it is sometimes confusing. https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms?sort=&view=embed_custom&searchtype=form&limit=50&query=uncontested%20divorce&offset=0 Best of luck, Cindy S. Vova Law office of Cindy S. Vova, P.A. Miami-Dade/Broward   954-316-3496 Boca Raton/Palm Beach  561-962-2785... Read More

Dear Ms. Moody: You can check all the boxes if you are looking to obtain child suport during the pendency of the divorce proceeding.  Actually, the first several documents that you need to provide are duplicated in the area below where you would be, presumably, seeking child support after the divorce is over as well. Remember, you still need to ask the court to set a hearing to go before a judge and request support, temporary or permanent or both.   It is just that permanent relief comes at a trial...if you haven't been able to settle your case before then.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade:  954-316-3496 Boca Raton-Palm Beach  561-962-2785... Read More

Dear Anonymous: You can file a motion with the court to have the guardian ad litem  removed from the case.  You will need to be specific as to why you believe there is a conflict of interest so the judge can review the facts.   However, from the limited information you provided, it seems that perhaps you should file a motion for contempt and/or a motion to compel your husband to comply with the Court order, as the Court can then review his violations and sanction him, or require him to give you make-up timesharing.  As the judge will ultimately decide your case it is important that the judge know that your husband is violating the Court's orders.  The guardian must look at all the facts.  Parties often feel that the guardain is biased when the guardian supports the other spouse's position.   There are probably a number of factors the guardian is considering in testifying, as you state, in "support of your husband."   But bringing a motion before the Court if you feel that you have sufficient facts is the way to go, not   filing a bar complaint. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read More

Dear Ms. Bunce: As you are still married, the vehicle is the property of both parties, regardless of how it is titled.  Thus, your husband cannot legally stop you from using the vehicle.  You stated you need it for your job, which is fine, but since there is only one vehicle you both need to be cognisant of the other party's need to use the car sometimes. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read More

You should hire an attorney who practices in the area of family law in or near the county where you live to file a divorce action.  Unless your case is unusually complicated, you should be able to find an attorney who is willing to accept your case for an initial retainer of $5,000-10,000 depending upon your particular facts and circumstances.  That attorney may be able to secure child support for you as well as reimbursement for attorney fees if you lack control of sufficient community funds to pay your attorney and have to borrow or charge the retainer on a credit card if your wife does have control of community funds.... Read More

If the divorce case is still pending (usually cases are dismissed for want of prosecution after 3-6 months if the Respondent has not been served), and you and your husband can reach an agreement on the division of your marital estate, you can probably get an attorney in or near the county where the case is pending to prepare a final decree and the ancillary documents and to prove up the divorce for $5,000 or less.  A simple divorce with no kids and limited assets shouldn't cost more than this in Texas unless you and your husband disagree on the division of your marital estate.... Read More

Yes. If you are owed money and they have not paid you, you may file a lawsuit to recover those funds. It would have to be filed in the federal court where you reside. Federal court litigation is complicated, so you should discuss your situation with an attorney who is experienced in federal civil litigtion.... Read More

New York is the only US state to recognize a Mexican divorce decree and only under certain circumstances.Most Mexican courts no longer grant divorces to non-residents.  So unless you move to and established residency in Mexico, you may not be able to get divorced in Mexico.The safest and simplest thing to do is to get a simple divorce here in Texas if you reside here.... Read More

Are you representing yourself in your divorce? If not, these are issues that your lawyer should be advising you on. If you are representing yourself, after a marriage of this length there are many, many issues at play that will need to be addressed, including those you raised in your question. I would be happy to discuss your situation with you over the phone at your convenience, and at no cost.... Read More

In Texas, a spouse may receive spousal maintenance (which is similar to alimony) under Chapter 8 of the Texas Family Code.  Spousal maintenance is intended to provide for a spouse's "minimum reasonable needs" if the spouse seeking maintenance will lack sufficient property on dissolution of the marriage.  Spousal maintenance is available if the marriage has lasted for 10 years or longer and the spouse seeking maintenance lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs.  It is also available when the spouse, or a child of the marriage of whom the spouse has custody, requires substantial care and personal supervision due to a physical or mental disability, and if the spouse from whom maintenance is sought has been convicted of family violence.Your divorce lawyer should be able to discuss with you the parameters of a spousal maintenance order based on the facts and circumstances of your particular case.Alimony is available in New Jersey, although it is not ordered in all divorce cases.  The factors affecting an award of alimony in New Jersey are somewhat different than those governing an award of spousal maintenance in Texas.  It should be noted that New Jersey is also not a community property state, so a division of marital property in New Jersey might look very different from a division of marital property in Texas.  Unless your husband is a divorce lawyer himself or sought the advice of competent, experienced divorce lawyers in both New Jersey and Texas and paid them both to do a thorough analysis of your particular facts and circumstances, it would be very difficult to predict five years ahead which state would produce the most favorable overall result in future divorce procedings.... Read More

Your husband will probably be entitled to little or no share of your house or the joint bank account in your divorce.Since you bought the house before you married, it is not a marital asset. Therefore, he has no claim on it in a divorce, unless he put a very large amount of money into the property, in which case he might claim he has a constructive trust in it.As far as the joint account, if you had already filed for divorce you would've had no right to remove your husband's name, regardless of the fact that only you contribute to it. Your timing was excellent in removing his name now. Although you haven't mentioned it, if you have a job with a pension and your husband (as I suspect) does not, it's very important that you file for divorce as soon as possible to stop his share of your pension from continuing to accrue, keeping in mind that if he does have a pension, the same applies to you. The same applies to spousal support, which is calculated on the length of the marriage, up to the date you file for divorce. The additional caveat to filing as soon as possible is that if his income is significantly lower than yours, you can expect that he will file a motion for pendente lite relief, meaning a court order for spousal support and attorney fees from you, shortly after you file for divorce. Alimony is calculated according to a state mandated formula producing a range for an amount and length of time for spousa support to be paid, based on your joint incomes and length of the marriage. A skilled divorce attorney can often defeat or greatly reduce an award in that situation, depending on the particular case. ... Read More