Child Support

Aug 8, 2012 by

Question:  I am separated from my wife, we have not filed for separation and we don’t have any court orders for child support. My wife is claiming that I haven’t been supporting my daughter. I have been purchasing formula and diapers and other baby supplies for my daughter since we seperated, but my wife won’t accept them from me now. My question is does that count as child support? State:  South Carolina Answer:  It is good that you have been...

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How do I know if I qualify for alimony in Alabama?

Aug 8, 2012 by

Question:  How do I know if I qualify for alimony? (Ala) State:  Alabama Answer:  An Alabama court can order alimony to either spouse but only if it finds that alimony is actually necessary. Alimony awards are usually not permanent and reserved for situations where one spouse has been dependent on the other. There is no set formula for determining the amount to be awarded. A divorce attorney familiar with Alabama laws should be able to...

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Can you cancel a divorce before it is final? Even after temporary support is ordered?

Aug 8, 2012 by

Question:  Can you cancel a divorce before it is final? Even after temporary support is ordered? **Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. State:  Alabama ...

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I want to file for divorce so that I can remarry

Aug 8, 2012 by

Question:  I’ve been separated from my husband for about 7 years – not legally. I want to file for divorce so that I can remarry. Do I have to wait a year a before I start a divorce? I live in New York. State:  New York Answer:  Although New York does not necessarily require a waiting period before a spouse can start filing divorce paperwork, it does incorporate a timing aspect in its requirements for residency and legal...

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I am not on any of my husband’s stuff.

Aug 8, 2012 by

Question:  hi i have been married since jan 12 2008 i am not on any of my husbands stuff for some reason if he divorces me for any reason i dont get anything thats what i am hearing can u tell me? (NY) State:  New York Answer:  Property division in a divorce is not quite as simple as that. Whether or not your name is listed as owner of various marital property does not establish ownership. The court will do that for you if the two of you...

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I have been separated for so long does it matter if my husband contests?

Aug 8, 2012 by

Question:  I have been separated from my husband for over 10 years. I met someone recently and we are talking about getting married. Since, I have been separated for so long does it matter if he contests it? And also what if I can’t locate him? State:  Pennsylvania Answer:  Upon filing your divorce petition, your spouse has 30 days to respond if he lives in Pennsylvania. He has 60 days if he lives outside of Pennsylvania, and 90...

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How can I see or get a copy of the divorce papers that have been filed?

Aug 8, 2012 by

Question:  Hi – My husband said he got a divorce through your web site – I called the court house today and they say they have no record of it on file. My question is how can I see or get a copy of the papers he filled? Thanks for your time. State:  Indiana Answer:  Divorces don’t just happen in the night while you are sleeping. Your husband may have obtained divorce paperwork, but the court requires that notice be given...

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Divorce Finalization – Texas

Aug 8, 2012 by

Question:  I filed for divorce in March. I sent my husband the stamped and notarized documents I got from the courthouse after the 60 days was up in June. He signed the original papers, and now he refuses to sign a waiver stating he does not want to be present at the final hearing, and also refuses to sign the final papers. We will be apart a year on December 31, 2009. What should I do next? I want this over with so I can get on with my life. No kids are involved, just a list of some...

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How to get divorces from two different women at the same time

Aug 8, 2012 by

Question:  I would like to learn how to go about obtaining a Divorce Attorney in AR that will be able to get divorces finalized from two different women at the same time. I know it sounds bad…but my first wife walked out on me around 7 years ago and I didn’t know where she had disappeared to, got involved with another after a while after she had left & got married to this woman on a “whim” without really thinking….a Las Vegas type of deal if you know...

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When is a divorce decree final?

Aug 8, 2012 by

Question:  When is a divorce decree final ? State:  Idaho Answer:  Your divorce is not really complete until you have a SIGNED divorce decree in your possession. Your divorce decree must be signed by a judge and filed with the County Clerk’s Office. When that happens, you are officially, legally and FINALLY divorced. -Divorce.com   Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON...

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If we divorce, then does that mean that he gets the home even though I am the legal guardian of our 5 and 3 yr old?

Aug 8, 2012 by

Question:  My husband and I own our home and it is in both of our names but he wants to go to the court house and take my name off of it. If we divorce, then does that mean that he gets the home even though I am the legal guardian of our 5 and 3 yr old? State:  West Virginia Answer:  First off, overall, the court will assess both you and your husband’s situation and decide who should keep the house.  The court does this under...

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How long will a divorce through mediation take?

Aug 8, 2012 by

Question:  How long will a divorce through mediation take? State:  Florida Answer:  Probably just as long as a “regular” divorce process, but it should cost a lot less. Divorce through mediation encourages compromise and can result in satisfactory results for both sides, but it can still take a fair amount of time depending on how backed up your local court schedule is.  -Divorce.com   Wendy Jaffe and Divorce.com...

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Incorrect date of birth

Aug 8, 2012 by

Question:  I am starting the process for filing for divorce and i noticed that my spouses date of birth is incorrect on the license. Is the marriage license valid? We were married in the state of California, but i now reside in Texas and have not had any contact with him for over 4 yrs. State:  Texas Answer:  The fact that there is a minor birth date error on the marriage license is not likely to be enough of a reason to invalidate the...

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Under what grounds would i lose custody of my kids during the divorce process?

Aug 8, 2012 by

Question:  Under what grounds would i lose custody of my kids during the divorce process? State:  Arizona Answer:  There are numerous factors that states and courts consider during child custody cases. In most cases, the general guidelines used for child support and custody in your state will be followed. Additional grounds will be considered if they fall into one of these categories: abuse of a child, alcohol or drug abuse by a parent,...

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Question about contesting a divorce.

Aug 8, 2012 by

Question:  a friend of mine got married to a woman in January of this year and separated from her in march he wants to divorce her can she contest it and how does he go about doing it ? State:  North Carolina ...

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I’m pregnant by someone else do I have to do anything to make sure biological father’s name goes on birth certificate?

Aug 8, 2012 by

Question:  OK – I’m married to one guy who has been in prison for a couple years and I’m pregnant by someone else do I have to do anything to make sure biological father’s name goes on birth certificate? State:  Washington Answer:  Washington law establishes a rebuttal presumption of paternity in favor of your husband. This means that your husband is assumed to be the father of your child.  However, there is a...

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Is not calling the children and not seeing them considered abandonment or desertion?

Aug 8, 2012 by

Question:  Is not calling the children and not seeing them considered abandonment or desertion? State:  Hawaii Answer:  Abandonment and desertion is when a person leaves a child with the intent of permanently giving up child care and custody and provides no emotional or financial support. Although all state laws differ, Hawaii considers abandonment of two years as sufficient grounds for divorce. Contact your local Division of Youth and...

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Does Virginia have the sunset clause?

Aug 8, 2012 by

Question:  Does Virginia have the sunset clause and if so, if a marriage has lasted 10 years, can the prenup be questioned, or even disregarded? State:  Virginia Answer:  Interesting question. Technically, no state “has” sunset clauses. Sunset clauses in divorce usually refer to an expiration or “end date” at which time a prenuptial agreement ceases to be in effect. Individual states do not create or end prenuptial...

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If i had a car before the divorce does he have a right to come get it?

Aug 8, 2012 by

Question:  what if i had a car before the divorce does he have a right to come get it with his set of keys where ever it is? **Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. State:  Alabama ...

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401k Retirement

Aug 8, 2012 by

Question:  My wife and I have been married since may of 2004 and we are currently getting divorce. Is she entitled to part of my 401 retirement that I have been contributing to through my employer and if not how can I remove her? State:  Massachusetts Answer:  In the absence of any other legally binding agreements to the contrary, your spouse does have a right to all or part of your 401K benefits in a divorce. Most likely she will only be...

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