http://www.expertlaw.com/forums/ Separation, annulment, and how the divorce process starts, proceeds, and ultimately concludes, including division of the marital estate, and alimony. en Sat, 25 May 2013 02:13:14 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158917&goto=newpost Fri, 24 May 2013 15:03:01 GMT My question involves a marriage in the state of:Wisconsin. I have filed a Motion for Contempt recently and have been given a court date. I have... My question involves a marriage in the state of:Wisconsin.

I have filed a Motion for Contempt recently and have been given a court date. I have to have my ex-spouse served with the paperwork. Is there anything that I need to ask at the police station or copies that I need for court.

I would also like to know what questions I need to ask or how I should prepare for the court hearing. My spouse owes me an equalizing payment of over $8,000 dollars and has made no attempt to pay it, what should I look forward to in court. What questions should I have prepared ahead of time for the judge. ]]> Divorce, Annulment and Separation skieferle6 http://www.expertlaw.com/forums/showthread.php?t=158917 http://www.expertlaw.com/forums/showthread.php?t=158898&goto=newpost Thu, 23 May 2013 23:23:29 GMT My question involves a marriage in the state of: California My question involves a marriage in the state of:Calif Hello, I am at the end of... My question involves a marriage in the state of: California

My question involves a marriage in the state of:Calif

Hello,

I am at the end of the divorce process, with the final copy of the MSA in front of me to approve and return to my attorney. To say I'm not happy at this time would be an understatement. I feel like I'm getting screwed and would appreciate some feedback and hopefully some suggestions.

Some brief history:

I was a stay-at-home mom during my 26 yr marriage. Ex was to take care of finances, paying bills, saving for retirement, etc. while I raised our children and kept the house. Unfortunately, this wasn't done and there is no retirement, no savings and the house is in foreclosure. Fortunately the kids are doing great and are happily out on their own.

I am trying to find work, but with no work history for the last two decades, its not easy. I would like to go back to school, but can't afford it.

He is self-employed and makes a very good living. However, he is not making his payments to me, or will only pay a small percentage. I'm struggling to even buy groceries, and he's taking trips and going out on the town with his new girlfriend (he's not very careful with the info he puts on his facebook page). According to my attorney, since he's self employed, there isn't much that can be done to force him to pay. He faces no penalty, so there is really no incentive for him to make these payments in a timely manner, or at all.

I'm having a hard time accepting this and was hoping for some suggestions. Have any of you faced this issue in the past, and if so, how did you address it? Without the options to garnish his wages, what can I do?

Thank you all for any suggestions! ]]> Divorce, Annulment and Separation mr2117 http://www.expertlaw.com/forums/showthread.php?t=158898 http://www.expertlaw.com/forums/showthread.php?t=158895&goto=newpost Thu, 23 May 2013 21:35:25 GMT My question involves a marriage in the state of: Washington / Arizona I divorced (Washington State) in 2008 whereby the court awarded the house,... My question involves a marriage in the state of: Washington / Arizona

I divorced (Washington State) in 2008 whereby the court awarded the house, 100% remaining of my 401K, 100% of my company pension ($3800 / month) and $4000 / month spousal maintenance for life to my ex-spouse.

In 2011, I petitioned the court, with the aid of an attorney to reduce or terminate of spousal maintenance as I was no longer employed and unable to secure employment. A Clark County Court Commissioner refused permission for a judge to hear the case stating there was not enough change in my living to warrant a hearing. I had in fact just remarried and both of us were unemployed. My attorney said they were unsure if the decision could be appealed, stating even if it could the cost may be very high. With funds rapidly depleting I was unable to take this financial risk and thus forced to drop the case.

I'm 65 years old and with no employment opportunities forthcoming I elected to take Social Security Retirement Benefit as my only source of income. I'm in arrears for spousal maintenance, Social Security is less than half of the court ordered spousal maintenance and by garnishment by bank account was confiscated, I have a zero balance.

During the discovery portion of the petition it was determined my ex-spouse is living comfortably on [my] pension plus her Social Security [which was based on my employment record]. In fact she does not need spousal maintenance but demands it as she wants to live on it; thus funds from the pension and her social security income be used for "her estate". She does have over $300K in my old 401K as well, the ex family house has a least the same value. [ A side point as to her character; it was also noted that she did not report the spousal maintenance I paid to her as income on her tax return.

With out a doubt, the court would view me as in Contempt of the Court order but without the ability to pay what happens now? I have no funds for legal procedures which appear not to be available anyway. ]]> Divorce, Annulment and Separation Down_Out http://www.expertlaw.com/forums/showthread.php?t=158895 http://www.expertlaw.com/forums/showthread.php?t=158825&goto=newpost Wed, 22 May 2013 18:18:46 GMT My question involves a marriage in the state of: California I had a very ugly divorce where my ex husband hid money, left me homeless, took kids ,... My question involves a marriage in the state of: California

I had a very ugly divorce where my ex husband hid money, left me homeless, took kids , and really made me suffer. It took about 3 years in court to finally win the money that he tried to hide from me. During our discovery we received tax returns that showed my ex husband lied on his Income and Expense by $172,000 a month. Not a year but a month. My child support and alimony was calculated off a bogus income.

His attorneys tried everything in their power to get them not admitted because it had nothing to do with my present case. The judge said the reason I probably wanted them admitted was to show that he misrepresented his income by $172,000 a month. And the Judge admitted them in evidence. What is the time limit that I can go after the money that he should have paid me? ]]> Divorce, Annulment and Separation syebisu http://www.expertlaw.com/forums/showthread.php?t=158825 http://www.expertlaw.com/forums/showthread.php?t=158808&goto=newpost Wed, 22 May 2013 13:33:36 GMT My now exhusband's grandma bought us a home for us to rent from her in November 2011. on oct. 2nd 2012 we were separated due to domestic violence he was put in jail for the past 7 months. He was realsed from jail on May 2nd and is now living with his parents. On oct 2nd his family told me that I would have to pay them $1,000 to stay in the home that we were renting form his grandam due to us being behind on rent payments. I didnt have that amount of money at the time, so I chose that me and my daughter would move into my parents home. I took only my daughters and my clothes and my daughters crib on Oct. 2nd. when I went back to the home the next day to get the rest of my belongings my ex husbands parents had changed the locks on me. So I had called the police, the police told his mom that she had 30 minuates to come to the home to allow me in the home to get my belongings. I waited 40 minuates and she still had not arived at the home, my daughter was in the car with me and it was cold outside so I couldn't wait any longer and deicide to leave. I still have belongings in the home today that I would like out of the home but I am being told by his family that they are no long my belongings due to neglect. Which I'm not understanding how it is neglect to the home when they changed the locks on me and told me I was no longer allowed on the property. I am wondering what kind of actions I need to take in order to get the rest of my belongings out of the home. I am being told that the house has been gone through and is somewhat packed up because they are planning on selling the home. ]]> Divorce, Annulment and Separation stewart.kirsten822 http://www.expertlaw.com/forums/showthread.php?t=158808 http://www.expertlaw.com/forums/showthread.php?t=158703&goto=newpost Mon, 20 May 2013 21:05:39 GMT My question involves a marriage in the state of: NH Hello! Well, I have a vehicle I put 15k down on me my wife had taken a loan out for me for... My question involves a marriage in the state of: NH

Hello!

Well, I have a vehicle I put 15k down on me my wife had taken a loan out for me for 8k so I could get the car I wanted.
The car and loan are in her name, but I have paid for everything to do with the car, as it was my car.

We are in a bit if a divorce battle, and in her divorce petition she put I must come up with the balance of the loan for transfer of ownership or she was going to take possession of the car.

I have not been served these papers at all yet.
Bit they have been filed.

Sooooo...
I got arrested onfriday, and the because the car was in her name, the police called her and she came and picked up the car.

I cannot contact her to get the car back, and she more than likely would not return the car easily.

What do I need to do at our NH divorce court to get my car back? It's pretty ridiculous that she is doing this to me. The papers clearly state I must come up with that money or she will take possession, BUT that time has not come yet.

Any thoughts? I know how to get all my belongings in the car, but I need my car!thankd! ]]> Divorce, Annulment and Separation MrGood http://www.expertlaw.com/forums/showthread.php?t=158703 http://www.expertlaw.com/forums/showthread.php?t=158577&goto=newpost Sat, 18 May 2013 03:40:14 GMT My question involves a marriage in the state of: California

Hello all.

I have a question regarding a friend of mine.

She's about 35 and has a son of 10. She's married for 11 years. She is unfortunately a battered wife. Her husband abuses her psychologically and even physically some times.

She is a housewife. Her husband is pretty rich but she completely depends on him. That's the way he likes to control her.

Now, she is contemplating divorce. But the questions she has are pertaining to two things :

1) Is she entitled to an alimony? if so, what can she expect? Is it going to be a single big settlement or monthly payment?

2) Who will have the custody of the child? He is dangerous and abusive. But he hasn't hurt the kid in any way. How will the child custody be decided.

Please help. She's kind of desperate and cannot really afford a lawyer. Also, being so timid and shy, she doesn't dare to ask these questions from anyone.

Thank you ]]> Divorce, Annulment and Separation youmust http://www.expertlaw.com/forums/showthread.php?t=158577 http://www.expertlaw.com/forums/showthread.php?t=158559&goto=newpost Fri, 17 May 2013 20:08:05 GMT My question involves a marriage in the state of: NY Dears, My girlfriend and I got married a few years ago while we were on vacation in NYC. We... My question involves a marriage in the state of: NY

Dears,
My girlfriend and I got married a few years ago while we were on vacation in NYC. We are both non US citizens and we never legalized our marriage in our home country. Now we decided to get a divorce but for personal reasons, we don't want to go through the legalities in our home country. How can we get a divorce in NY where we got married.

Can we hire a lawyer to file for it on our behalf?
Do we have to go there ourselves?
I heard that at least one of us needs to be a resident of NY for one year in order to file for divorce, is that true?

Any help would much appreciated! ]]> Divorce, Annulment and Separation yasser http://www.expertlaw.com/forums/showthread.php?t=158559 http://www.expertlaw.com/forums/showthread.php?t=158499&goto=newpost Thu, 16 May 2013 04:04:09 GMT Hello Everyone, I am a non US citizen who got married to another non US citizen in 2009 in Bangladesh. Shortly after our marriage, we moved to NY (... Hello Everyone, I am a non US citizen who got married to another non US citizen in 2009 in Bangladesh.
Shortly after our marriage, we moved to NY ( me as an F1, her as an F2 which she changed to F1 by august 2010).
She had to go to school to Michigan and we have been living separately since 2010.

Things are not really going well and we talked about legalizing our divorce. Is it possible to conduct the divorce in US even though we got married in Bangladesh?

Any advice would be greatly appreciated.

Thanks ]]> Divorce, Annulment and Separation am18352 http://www.expertlaw.com/forums/showthread.php?t=158499 http://www.expertlaw.com/forums/showthread.php?t=158498&goto=newpost Thu, 16 May 2013 03:59:38 GMT My question involves a power of attorney in the state of: California

My husband believes that it is "morally corrupt" to sell the house at current market value and only wants to list it for the mortgage amount. He is arguing about signing for the initial sale price, placed at current market value. We are not upside down in our mortgage. I have tried discussing it with him and we are in the midst of a divorce.

He is mentally incapacitated. How do I gain full control over the sale? His family is in agreement with the idea. He has lost several jobs and was hospitalized in a mental health facility of a hospital for three weeks in 2002.


Thank you. ]]> Divorce, Annulment and Separation GSpangler http://www.expertlaw.com/forums/showthread.php?t=158498 http://www.expertlaw.com/forums/showthread.php?t=158482&goto=newpost Wed, 15 May 2013 22:55:14 GMT My question involves a marriage in the state of: california I submitted a Quadro to the court and was told I needed to join the plan or provide a... My question involves a marriage in the state of: california I submitted a Quadro to the court and was told I needed to join the plan or provide a Stipulation to Modify the Judgement. I do not know what forms to use to do this . Please advise if possible. ]]> Divorce, Annulment and Separation kagoma123 http://www.expertlaw.com/forums/showthread.php?t=158482 http://www.expertlaw.com/forums/showthread.php?t=158476&goto=newpost Wed, 15 May 2013 20:18:05 GMT My question involves a marriage in the state of: Texas

My husband and I have been separated for two years and we're filing for an uncontested divorce. During our separation I had a child with another man and my husband agrees the child is not his. The child's father lives with me and he will be filing an Acknowledgment of Paternity as soon as my husband files the denial.

Question:
I'm filling out the Petition for Divorce With Children, and on the Out-of-State Party Affidavit there is a section for Other People Who Claim Custody or Visitation. Should I put the biological father in this section or leave it blank?

One person said I should not even be using the Petition for Divorce With Children, but should use Petition for Divorce Without Children instead. Neither biological father or presumed father have signed Acknowledgment or Denial of Paternity, but will do so after the divorce papers have been filed. ]]> Divorce, Annulment and Separation kinobo http://www.expertlaw.com/forums/showthread.php?t=158476 http://www.expertlaw.com/forums/showthread.php?t=158462&goto=newpost Wed, 15 May 2013 15:34:18 GMT My question involves a marriage in the state of: mn

I'm not sure where exactly to post this question. About 13 or so years ago when I was married we went to an attorney to draw up a living will for us. I believe we had two children at the time we wrote it (now there are four). We divorced quite a few years ago and I forgot about the will. I wNt a new will and i remember about the old will but i would not want my kids with who we put in the will if i die and I don't even know what else is in there. I do not know how to locate the attorney who wrote our will. My ex will not give me any information or acknowledge the will and I do not have a copy of what was written. How can I find the attorney or what can I do? I remember the attorney was very old at the time so the attorney may not even be practicing or around anymore.
Any ideas?
Thank you ]]> Divorce, Annulment and Separation Chede http://www.expertlaw.com/forums/showthread.php?t=158462 http://www.expertlaw.com/forums/showthread.php?t=158370&goto=newpost Mon, 13 May 2013 16:46:43 GMT My question involves a marriage in the state of: North Carolina I have been divorced for almost 6 years. We have just completed ED. The court... My question involves a marriage in the state of: North Carolina

I have been divorced for almost 6 years. We have just completed ED. The court order stated that I must have the itmes that my X was to get at the locations specified on May 11, 2013, by 10:00 A.M. It acutally said that the items must be made avaliable to her at that time. The specified place was my front yard. She had someone there to get the items at that time, however; it has been almost two full days since Saturday, May 11, 2013, and one of the items is still there. It is an eye sore just setting there in my front yard and she has not contatced my in any form to let me know her intentions.

What is the law on this? How long do I have to leave it there until I can say she cant get it? She was only given permission to come onto the property that day. Now if she comes I would consider it trespassing. ]]> Divorce, Annulment and Separation Michellie http://www.expertlaw.com/forums/showthread.php?t=158370 http://www.expertlaw.com/forums/showthread.php?t=158348&goto=newpost Mon, 13 May 2013 04:42:04 GMT My question involves a marriage in the state of: Alabama Hi all. I was married in the state of Pennsylvania, but am currently living in Alabama. I... My question involves a marriage in the state of: Alabama

Hi all. I was married in the state of Pennsylvania, but am currently living in Alabama. I separated (moved out) last May. At the time, my husband said he would sign off on the divorce without a fight, but at the last minute he changed his mind for "religious reasons". We have no joint property or debt (everything is in either his or my name, nothing signed for together) and no assets to speak of. I wouldn't be asking for anything, just kind of a "what's yours is yours, what's mine is mine" type deal. There are no children involved, so custody is not an issue.

My question is, when I do file, can he contest on the grounds of basically "I don't want a divorce"? And if he does, how does that change the timeline? Neither one of use really has the money to get involved in a big court battle, especially from halfway across the country (which is another question, if I file in AL, would he have to come here to fight it out in court?)

Thanks in advance! ]]> Divorce, Annulment and Separation abberbabber http://www.expertlaw.com/forums/showthread.php?t=158348