LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Don't,

You would file for divorce in the jurisdiction where you live. The LTK article about Indian Divorce may help to answer your questions about divorce in that country.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, I am married very recently. I dont have any normal reasons for divorce like abuse, adultery and so but i feel I cant live with him any more. am not sure abt divorce laws in India for christian protestants. Wat is the process and how long will it take? DO I have to be in India for the same.

-- Contributed by: dontwannadisclose

Dear James,

My Mother and Father divorced the last time over twenty years ago. They had married and divorced eachother before this last divorce. My Mother now wants to go back and see if she is entitled to any additional monies now, 20 years after the final divorce settlement. Is this legal and can/will she be able to succeed in her efforts ?

-- Contributed by: Michael Karsay

Karen C,

James answered a question similar to your in the "Having Sex While Separated" section above. Unless you started living together again as husband and wife, it likely won't make a difference. Your lawyer can give you specific advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I made love while in the process of a divorce I did not want. He told me during, " I am making love to you"... I thought this meant he was calling the divorce off. Could I bring this up in court against him? State of CA. hearing the case.

-- Contributed by: KarenC

What happens to child custody papers and child support if me and my ex-wife remarry each other?

-- Contributed by: Dan

Diane,

James has answered a similar question to yours. You will find it close to the top of this page.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Is an emotional affair grounds for an divorce? Especially, since there was no physical contact at all but only emotions are in comntact with the other person. If one is sued for an emotional affair could the other party of the affair be subpoenaed if tey live out of state.

-- Contributed by: Diane Brunet

Enter Your Name,

It's unlikely that the women your husband has been cheating with will be punished under the law. You can get a divorce on grounds of irreconcilable differences, which means the adultery doesn't factor in at all. I would suggest that you contact a local attorney who can give you advice about your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband has been having affairs for the whole 19 years of marriage; he gets caught and he begs for forgiveness and I take him back. He is doing it again but I am tired of following him and checking up after him. This is the first time that I do not have a name of the person he's with and to be honest it could be one of the previous woman that he kept in contact with...will a judge take into consideration to take these woman up and charge them for destroying my marriage. I know my husband is to blame a great deal...19 years shame on me! he already confessed to me about it so I have no proof except for what he said and he won't give me a name. Do I have a case?

-- Contributed by: Enter your name here

My mom married as a minor at the age of 16, and now she wants to get a divorce. She has not been emancipated by either parent at the time of marriage. How will this affect her divore?

-- Contributed by: michael

I divorced on year ago. In my divorce I am to pay $700 per month indefinitely. Im 51 and shes 50. Now I find out that that is no longer the norm. Is that true? Can I have the divorce decree changed so that I only pay for 2-4 years? If so what do I need to do? Thanks Greg

-- Contributed by: Greg

Meena,

You would file for divorce in the jurisdiction where you live. Please see a local attorney for advice.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I do not want money that I have been saving for the children's education to be considered part of our marital assets. Can I shift the ownership of my savings bonds to my childrens' names to accomplish this? Also, if I don't want him to have access to any IRA savings, is it worth taking the funds out and putting them into the children's accounts too?

-- Contributed by: cg

hi james,

we got married 6 years back.but whn i was pregnant he ignored me n was close to other girl.it hurt me n i fell in lov with someone else.now my hubby wants me n i want my b/f.we (b/f n me)lov each othr n want to start our life agn.but the problam is i m indian n staying in australia for 2 months on study visa its two years course.moreover i hav 3 years kid.i cant stay with my husband now so pls guide me hw n whr can i file for divorce.

-- Contributed by: meena

Jeanice,

The LTK article on to Divorce Someone You Can't Locate will provide you with more information on this topic.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Michael,

As soon as the papers are filed, they become public record.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, I have filed for a divorce on Adultery(came home to his ex hiding in our bedroom closet)and Drunkiness(lived with it for 6 years -suspended license/DUIs(@5-6)but I never left, adultery did it). Anyway, they cannot locate him and he said he cannot be served on his job. I don't know if this is true or not but it's been 4weeks and he still has not been served. I can't believe the Deputy can't find him at work. He works in an Oil Refinery and why can't they go to HR? Can my lawyer and I still go to court and I get the divorce and alimony?

-- Contributed by: Jeanice

how long does it take your divorce to be public records

-- Contributed by: michael

Micky,

You are right that the date of separation matters. Please visit this link for more information. I would suggest that you consult an attorney to get advice for your particular situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife left the marital home on June 1st of this year and got her own apartment, with a month to month lease. I also have rented out some of the rooms in my house, so have witnesses that she is not living there. We have been having issues, but we're not ready to move forward with a divorce. I am in California, and have heard from quite a few people that if I do not file for divorce or separation before our 5 year anniversary (which is in 3 weeks)then the proceedings become far more difficult, and she can seek alimony. I did get my degree during our marriage, but have tax evidence that I made the bulk of the income during this point, and she did not support me. my question is... Is her signing a lease in a new apartment substantial enough evidence of her leaving, and the separation date can be set at June 1st, or must I file for separation to protect myself. We are currently seeing a therapist, and trying to work on issues, so I do not want to file a separation unless I must to protect myself.

-- Contributed by: Micky

Steve,

You are obligated to pay child support as ordered unless you can have the order varied. Please consult a local attorney to discuss your rights under the cir...stances.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Gracia,

If your marriage has broken down, then you can file for divorce. For advice about your specific situation, please consult a local attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Juan A,

You can file for divorce in the jurisdiction where you live and arrange for her to be served with divorce papers. If she doesn't respond, then the divorce will be granted in due course. The time frame depends on where you live.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Am i still obligated to pay child support when i have my son for five consecutive weeks in the summer? Is there a way to modify my payments during this time? We live in Florida.

-- Contributed by: Steve

DearJames

I HAVE SITUATION HERE I VE MARRIED WITH MY WIFE FOR TWO YEARS BUT THE RELATIONSHIP IS NOT GETTING BETTER SHE DOES NOT WANT TO HAVE SEX WITH ME ACT VERY STRANGE AND WE BOTH FILE FOR THE REMOVAL STAUS CONDITION IS IT TOO LATE FOR A DIVORCE,I RATHER BE FREE AND STAY HOME WITH A WOMAN LIKE THAT.PLEASE HELP ME

-- Contributed by: gracia

I'm married to a woman in the phillipines. We have a 5yr old child, been married for 10yrs. She has lived in the Philippines all those years. I live in Texas. As of late I have not seen her in 3yrs. The most time I spent in Philippines is 1 month. Can I get a divorce without her signature? If she does sign how long would the divorce take?

-- Contributed by: Juan A

Curlygurl,

The question of whether you would be entitled to alimony rests with a judge. You can check out the Alimony article to get more information.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Michelle,

I would suggest that you consult with an attorney before you take a buyout. You may need to consult with an accountant to discuss possible tax consequences of getting a lump sum payment.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband is on disability and I'm going through a disabilitu trial. He is fililing for divorce is he obligated to give me half of the income he makes each month?

-- Contributed by: curlygurlok@yahoo.com

Alina,

Since California is a community property state, the assets acquired during the marriage that are considered marital property are divided equally. Assets acquired before the marriage or received as a gift or inheritance are not included in this calculation. Please consult an attorney to find out how the law relates to your personal situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

In California, if my husband is commiting adultery and I was to get divorced because of that reason, could he get half of everything I own? ie. the houses that I bought where purchased by me but I put both of our names on the contract. Is there a way that I could get divorced without losing half of everything I've worked for?

-- Contributed by: Alina

LB,

The terms of the maintenance will depend on the wording of any order made by the Court.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

At what point will I begin to receive maintenance? We have a temporary hearing on July 28th. We live in Wisconsin.

-- Contributed by: LB

Chaitanya,

Once a green card has been issued, your marital status has no effect on your immigration status. The LTK article on Green Card Divorce will give you more information.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Liza,

In Illinois, one spouse's conduct has no effect on the way the marital property is divided.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am in california for past 8 years. We came here from India in 1998 on my husbands H1 visa.I came with him on H4 dependent visa.We applied for green card and got it 31/2 years back.Its unconditional. In case of divorce how it would affect my status here in United States? And also would i be eligible for applying Citizenship?

-- Contributed by: Chaitanya

what are a wife's rights in divorce with infidelity?

-- Contributed by: liza

Trish,

You would file for divorce in the jurisdiction where you live now.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

james: i was married in florence, italy in 1989. we did not register our marriage in the states. my husband is seeking a divorce, do we go through the same process for a divorce, as we would, had we married in the states in a formal ceremony? we have a 13 year old son. thank you. trish

-- Contributed by: trish

i have been divorced 6 years. I co signed for a student loan for my daughter. my daughter was emancipated when I co signed. Can my ex modify the divorce to make pay my share. I feel I pay enough. She has the house let them go after her I don't care about my credit. I just don't feel I should pay anything else to my ex.

-- Contributed by: Jay

I recently went through mediation and was basically accosted by 3 high priced attorneys which somehow got me to sign an unsustainable agreement concerning alimony. How do I go about filing for a change? I cannot use my attorney as she has basically bankrupted me and really did me no favors. i told her before signing that i did not want to sign yet she and the others continued the duress until i did so.

-- Contributed by: Larry Rhodes

Lawrence,

The cost will depend on several factors, including the fees your attorney charges, whether the divorce is contested, and whether it goes to trial. If you consult an attorney in your area, you should be able to get an idea of how much it will cost for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

On my final divorced decree, it stated my wife has 90 days to refinance the house into her own name, if she is unable to refiance the loan the house must be sold. So far she is not able to refiance the loan into her own name. What can I do to have my name removed from the loan? I need to have my name off the loan, I signed a quit claim deed to her. Can I take her back to court?

-- Contributed by: Dawn Hope

My wife an I have been seprated for 8 years, I want a divorce. How much does it cost.

We have one 16 years old son and 19 year olds daughter.

-- Contributed by: lawrence green

Megan,

You can get information about Nevada divorce here. There is a six-week residency requirement before you can file. You would need to provide information about your spouse as well. Your mother may be able to file do...ents for you, depending on the wording of the power of attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If a Illinois couple have been separated for 8 years and then file for divorce can mother get back child support for those years?( No legal separation, divorce filed for and stopped once before, no support order ever filed.)

-- Contributed by: Pamela

I am in the us military and deployed in Iraq. I want to get a divorce while I'm deployed. I am using an online service to complete the paperwork. in order to file the paperwork in Nevada do i need to fill out his information or just mine? Also, my mother has a general power of attorney, can she file for me?

-- Contributed by: Megan

Linda,

If you check out the answer to the question about having sex while separated above, it should clear up this issue for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

IF A DIVORCE IS IN THE PROCESS, BASED ON THE GROUNDS OF ADULTERY AND THE PLAINTIFF RETURNS TO THE HOME OVERNIGHT WITH THE RESPONDENT, DOES THIS NULLIFY THE CURRENT PROCESS? IF THE RESPONDENT DECIDES TO PURSUE THE DIVORCE LATER, WOULDN'T THE ORIGINAL ADULTERY NO LONGER BE AN ISSUE?

-- Contributed by: LINDA

I have a prenup that disclosed all of my major assets before the marriage. Since the marriage, the value of my home, retirement account, and savings have all lowered drastically, mostly due to the current economy. We're divorcing, and she's asking for assets that are now valued at less than their values when we were married. For example, I had $20,000 in a savings account, listed in the prenup, and now have less than a third of that available. Other property has been agreeably divided but we're stuck on money. Should she be able to demand half the remaining savings?

-- Contributed by: Steve

Kitty,

The decision to end a marriage is a serious, life-changing one. It affects you, your spouse, your children, your extended family, and your in-laws. Before you decide to file for divorce, I would suggest that you consider going for counseling. The counselor can help you decide whether you want to work on your marriage or if divorce is the right choice for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I want to get a divorce from my husband of 7 1/2 yrs! The love making is no good and we only talk about his job. We have one child together and he adopted my oldest girl. His mother treats my oldest like crap! His dad I love with all my heart and he just found out he has cancer and I dont want to hurt nobody but I have been unhappy for 2yrs and not getting no better! What should I do?

-- Contributed by: kitty

If you have already received your green card, then your husband's actions shouldn't affect your immigration status.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am married to US citizen and i have green card , problem i have my husband cheated on me had a kid with another women in another country... know he is in jail for something he did i have no idea what though... q is how does it effect me in regards to Green card ? will they take it back from me ?

-- Contributed by: Dear James

Me and my husband live in New York. I first served my husband with separation papers. His lawyer told him not to sign and go for divorce on the grounds of Constructive Abandonment. Then he served me along with cruel and inhuman treatment which is a joke. The papers state action for Divorce or Separation, I don't understand what I'm signing. He also wants me to maintain him by paying all the bills including mine. His name is on the mortage not me. He made approx. 75K last year and I made 16,000. This is crazy what should I do?

-- Contributed by: chris

M.M.,

You need to tell your lawyer everything that is relevant about your case. I would suggest that you write down the story of your relationship with him, from the time you met to the present. It will take less time (and cost you less in legal fees) to have your lawyer read the do...ent than to have you tell him or her the story, and you are less likely to leave anything out. If a judge is going to make a decision about custody, he or she considers what is in the best interests of the child, not which parent is a "bad person."

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My baby is due in a few days, and I'm fairly certain I will be filing for divorce shortly after the birth.

My husband does not support us. He wastes money on things he wants, on his friends, on fast food. He is emotionally and borderline physically abusive.

The military filed a restraining order against him a while back to keep him from contacting me for a week until he could attend counseling, but I cannot locate my copy.

My question is, would having a copy of the restraining order help my case in getting sole custody of our daughter, or can I just tell an attorney about the things he's said and done and make a case that way? Do I have to "prove" that he's a bad person?

-- Contributed by: M. M.

Pregnancy,

You may not be able to get divorced until after the baby has been born. The paternity of the child must be established and the Court may need to issue an order for child support. Please consult an attorney to find out how the law applies to your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

What would happen in Mo if a woman found out she was pregnant after she had filed for divorce?

-- Contributed by: pregnancy

Ekindred,

You have 30 days from the date you were served with the complaint to file an Answer. Failure to do so means that you can't contest the divorce. Please consult with an attorney to find out what your rights are in this situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If Georgia law says I must answer within 30 days and paper states I must answer within 60 days of first publication which was March 12 and the last one will be April 14, which date is correct. How do I stop the divorce since I am in one state and he is in another? I don't want a divorce. We were talking about getting back together now his exwife wants him back and I don't believe he is competent enough to make these decision on his own without others coaching him to do it. What can I do?

-- Contributed by: ekindred

Green Card Divorce,

I would suggest that you consult with an immigration attorney to find out how a change in marital status would affect your green card status.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James

If you could help me with my situation, I would really appreciate it.

I am requesting removal of condition for my green card after 2 years of marriage as of this moment. However my husband and I may get divorce soon. I am Japanese citizen and am willing to go back to my country at some point after divorce, but for now, I would like to stay some more in the US since I cannot leave my job right away. If I want to stay in the US, should I report divorce to USCIS? Do I need to change my supportive party from my husband to my company? If I just don't do anything, don't change any information on green card and use it for 10 years, is it going to be against law? Please advise... Thank you.

-- Contributed by: Green Card Divorce -

My husband is telling IRS that I stole his w-2's to file our joint taxes.I didn't, but he wants all the money. He abandoned myself & our 2 children with no money, car or any resources. He has paid no child support. Can I keep the taxes? Can I get into trouble?

-- Contributed by: Cindi

Property,

Disposition of the marital property should have been included in the divorce judgment. If you are not yet divorced, don't dispose of any marital property. Please contact an attorney to get advice for your particular situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If my spouse left took what they wanted then decided they wanted to come back for more. I have continued to pay for their debt and their transportation and insurance for that transportation. I am moving and want to sell the furniture to make mortgage payments and pay down their debt. They now want to take all that as well. Can I sell? I can prove they were not paying any toward anything since the separation or before. They are and have been employed but don't care about their credit which is already ruined. I am trying to save mine.

-- Contributed by: Property abandoned

Pam,

The first thing you should do is to contact your lawyer and find out whether he or she will be attending the hearing. You could go to the session on your own or ask whether it can be adjourned. What you need right now is information, and the lawyer you have retained is the best person to provide it for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I paid my lawyer his requested fee on 12/08/08 but he did not file my divorce until 12/29/08 the day after my husbands lawyer filed for divorce. I have a mediation session in 3 days and haven't heard a word from my lawyer. Do I need a new Lawyer to handle this. Does it matter which party sues for divorce first?

-- Contributed by: Pam

Dear James, I just found out that my final divorce decree may not have been filed (NJ). I remarried 4 months later that same year (1998). It has been 10 years now. Is my new marriage legal? Can I sue the attorney who did not file the decree or notify me that they did not file it.

-- Contributed by: Rick

Charles,

This article will provide you with more information about divorce and splitting debt in California.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

In California, is debt considered marital property if it is obtained jointly during the period of the Marriage? If no children are involved, would the court split said debt 50/50? Thank you for your support.

-- Contributed by: Charles

Dear James, My wife is dragging out our divorce and is refusing to negotiate terms of settlement. Is there any way under Illinois law, that a divorce can be granted without a fianancial settlement in place? i.e. to have the finances settled after the divorce? I hope this makes sense! Thank you for you time. Richard

-- Contributed by: Richard

My divorce was granted in June 08. I got all the legal bills, educational bills and had to pay alimony. My wife (the plaintiff) then went back to the same judge a month later to ask for my share of pension in case some thing happens to me. The same judge granted that to her, plus I have to pay lawyer's fees. Now, five months later, she has gone back to the same judge and is asking him to revisit every judgement he made and now award her everything. Is this possible? Can the same judge do this?

-- Contributed by: Sam Watkins

Amanda,

Not all states recognize common law marriage, no matter how long a couple has been living together. Please consult with an attorney to confirm that your state recognizes common law marriage and to find out what language should be used to describe to describe when your relationship started.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If you are common law married by cohabitating and filing a joint tax return, when you go for a divorce what do you put as your marriage date?

-- Contributed by: Amanda

Question,

It would depend on the laws of the state where you live. This LTK article will provide you with more information: Cohabitation Laws for Alimony.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Cris,

This LTK article will give you some information about Green Card Divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Question,

Biological parents have a legal obligation to support their children.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband has paid a great amount of alimony over the past 10 years. It is stated on the divorce papers that if she remarries or passes the alimony stops. Our question is: She has been living with someone for the past couple of years, is this worth trying to get a reduction or the alimony stopped?

-- Contributed by: Question please

hy, my name is Cris and i got a huge issue. I got married with Kristin on 9th octomber, and i send my papers for green card on 9th november. everything was going fine, i went to fingerprints and i just got my work permit on 25th jan 09. i also got the appointment for my first interview on 4th march, but me and my wife we got in to a fight and she said that she will divorce me or she wont came to the interview with me. I have to mention that we have togheter a baby, 6 months old. What are my chances to continue the process of getting my green card? Pls give informations as much as you can. Thank you, respect, Cris!

-- Contributed by: cris

Should child support obligations be based on the biological, legal and/or social relationship between an adult and child?

-- Contributed by: Question

Al,

One support order should be able to set out the amount you need to pay for your children.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Military,

You can find more information about Military Divorce here.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

married, but seperated for years, and have a child support order for for my 3 children from the marriage. Should I be receiving 3 seperate CS orders for the same amounts or one order with one amount supporting 3 children...in Ohio?

-- Contributed by: AL

I just want to know if a spouse is eligible for military retirement if they were only married 9 years and the military member did 20 years in the military and the 9 years of marriage was during that time?

-- Contributed by: Military retirement

Anna,

The morality clause may be difficult to enforce, but it does form part of your divorce judgment. Since your relationship is still relatively new, can you arrange to spend time with each other's children that doesn't involve overnight visits for a while? In the meantime, I would suggest that you consult with a lawyer to find out more about the consequences if your ex decided to take you to court to enforce the morality clause.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Tammy,

There would have been some provision in the divorce judgment about the marital property. Your boyfriend needs to take a copy of the do...ent to an attorney to get advice for this situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in Arkansas and had an uncontested divorce, my ex asked for a morality clause and I agreed on the condition it included that he not be allowed to have the children around excessive drinking. Now here is my problem. I met a new man a couple months ago and we are considering marriage. However, we both grew up in step-families and did not have pleasant experiences. While we get along with each others children for a day, we would like to slowly move in together. By slowly, I mean spend a night here, a night there, and as the kids get accustomed to the idea, gradually increase the time together. But with the morality clause, I'm not sure that is a viable situation. We want to be married next spring (2010), but not if our families can't get along. Does a committed relationship make the morality clause in Arkansas void and is this something I can do legally??

-- Contributed by: Anna

My boyfriend has been divorced for over a year and his ex wife recently moved out of their home because she could not refinance. Now, after he has moved back in and has remodeled it, she leaves him a message that she is closing on the house this month because her name is still on house and this is her right. Their divorce was done without attorneys and nothing is said in their divorce decree on who got the property as far as the house. His name is on the first and second mortgage and her name is only on the second. Would she be able to get the house after she moved out and told her attorney that she would sign off on it? She is nuts! Please help!

-- Contributed by: Tammy

Jim,

If your wife is working, she will need to take some time off to recover after giving birth. You will also be required to pay child support for your child. Please consult with an attorney to get advice for your particular situation. You may be required to wait until after the baby is born before filing for divorce, depending on the laws of the state where you live.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

James, my wife and i have been married for 13 months now and im ready to move on. we own nothing together and rent a house.she is 8 months pregnent. DO i have to pay for her to live in our house and all the bills even though there all in her name? she is on the lease as well.

-- Contributed by: Jim

Natalia,

You may be awarded temporary alimony until you are able to support yourself. Please consult with a lawyer to find out how to get the process started.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Cathy,

Alimony is something that is decided on a case by case basis. This LTK article discusses it in more detail: http://divorce.lovetoknow.com/alimony

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My question is on alimony or some partial help until I get back on my feet. We have been married for 3 1/2 years, when we met my life was settle in Panama City FL, at first he started looking for jobs there but since he pays child support to his ex. the pay could not come close to what he has here in Georgia. Here he has a good paying job plus a house. In order to accomodate him I left my home and my job to come live with him here. Since then my Mother had a stroke and she is not as healthy as she used to be at her nineties. Now my husband wants a divorce because he says he does not love me anymore, and ofcourse I have to move out. I have taken care of him, his kids when they stay with us, the home and my Mother and I have no income. How can I get out of here? Phycologically he is constantly pushing me out. Is it possible for me to get some kind of money to get a place to live and alimony at least until I am able to get back on my feet?

-- Contributed by: Natalia

my husband and i have been separated for over a year now. we still engage in sexual intercourse, however we want to file for a divorce. will the intercourse be an issue in regards to the processing times

-- Contributed by: m agwah

If a husband leaves after 29 years, and you own no property or have no retirement or mutal funds, is there any kind of alimony that he would have to pay? Would he still have to pay if after 9 months after he left I moved in with another man, but still support myself? I am planning on serving divorce papers shortly and want to know what I can be intitled to.

-- Contributed by: Cathy

Lenin,

Your friend should consult an attorney to find out what the consequences of the error on the immigration forms would be and to confirm that he is free to marry in the U.S.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My friend came here in the US as married status in his application.but did not submit any marriage certificate in the embassy, because truth is he is still single, can he marry here in US? Will he get in trouble? What can you advice he really want to marry his girlfriend here?

-- Contributed by: Lenin

Hollie,

Your father should consult with a lawyer to ask the Court to give him an order for exclusive possession of the matrimonial home and prohibiting your mother from removing any property.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Does Illinois have any clauses (for active duty service members) regarding moving to another state with a child if the other party refuses consent to do so?

-- Contributed by: Armed Forces Clause?

My husband left our apartment and I have since filed for a divorce. On the day I filed, I had the locks changed on our apartment. The lease is in both of our names until April 2009. I was advised to do this for my security. Did I break the law in Minnesota or do I have the right since he left?

-- Contributed by: Barbie Penn

My mother moved out of the house and left the family. Her and my father will be getting a divorce. She comes in the house and takes things when he is not home. Can he change the locks on the doors if her name is also still on the mortgage? He has no privacy and one day could come home after work to nothing left! What can he do to stop her from being able to come in and take things whenever she wants??

-- Contributed by: hollie

K.J.,

You can ask for a change in the child support paid based on a change in cir...stances, i.e. the mother having a higher income. You will want to bring the children's living conditions (moving due to non-payment of rent, power/heat shut off) to the attention of the Court as well.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

This LTK article on Military Divorce will provide you with information on how to divorce a member of the armed forces:

http://divorce.lovetoknow.com/Military_Divorce

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, I have some questions regarding the current amount of child support that my husband pays to his ex-wife. We are looking into a request for a child support recalculation based on several factors: 1. The custody arrangement awarded my husband only 20% overnight stays with the children, yet over the last 6 months we have averaged 50% of the overnight stays (all overnights stays have been do...ented) with the children. 2. At the time of divorce his ex-wife had a very low (essentially minimum wage) income. That income has now doubled (if not more than doubled) due to a new job. 3. The mother is currently utilizing every form of government assistance (Food Program, Housing, Insurance, Daycare, etc.) yet continues to be evicted from subsidized housing (at least two houses), has the power/heat in the home in which the children live shut off for non-payment and has been ejected from the daycare in which the youngest child attended due to non-payment (and is on the cusp of being ejected from a 2nd daycare).

Based upon this information, my husband and I are seeking to increase our legal overnight stays and find a reduction in the child support fee. Are there any particular laws in Idaho that are taken into consideration for this, such as a waiting period prior to applying for a change in the Child Support?

-- Contributed by: K. J.

Dear James, I am marrided to a military member who is stationed on the coronado base in california. When he was served he was not over seas but stationed as I said in california. Does the military clause apply to him not responding to the divorce even though he was not deployed? Can I still get a divorce if he doesn't respond?

-- Contributed by: D.Warren

Carla,

Your friend would file for divorce in the state where he lives. The Court should be able to grant a divorce even if the marriage took place in another jurisdiction.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Michael,

Alimony is something that the Court usually rules on. This LTK article will provide you with more information:

http://divorce.lovetoknow.com/Alimony

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Anthony,

You should consult with an attorney to get some advice. The first step would be to find out where your wife is and get an order in place granting you access to your child. If your wife wants a divorce, she can file for one and you will need to work out the terms or a judge will decide them for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My friend traveled to Canada and got married. He and his partner are gay. The relationship is now over and they live in the US. How do they go about filing for divorce? We were researching it online but could not find the information. Someone said they can't get a divorce unless one of the parties lives in Canada. Is this true?

-- Contributed by: Carla

I have been divorced for 4 years. We have a legal separation agreement-no court ordered anything. I pay $500.mo in alimony and $426/mo CS. Current wife recently laid off--trying to renegotiate agreement with ex on ALIMONY only. If I cannot pay alimony-can she garnish my wages, and if so how much can she take? Even though it is not court ordered alimony. Would we have a court hearing before she could garnish my wages?

-- Contributed by: Michael

hello mr quigley, i'm currently stationed in the us navy in norfolk virginia and i have a question to ask you sir. i'm currently on a 7 month deployment and my wife change her cell #, house # and change address and she has my son. she has no court do...ents or anything stating that she can do that and we're still legally married with no divorce preceding right now until i get back. sir can you tell me what legal grounds do i have or how should i go about this. i would really appreciate your help.

-- Contributed by: anthony thomas

Liz,

The child would be living proof that adultery occurred. A person could use that as grounds for divorce or use marriage breakdown as the reason for wanting to end the marriage. You would ask the Court to order the father to pay child support and the order can be enforced in another state, if necessary.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Nina,

You can negotiate the health insurance into an agreement with your husband or ask the Court to order that he maintain health insurance for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If an affair was committed over 12 yrs ago and maybe resulted in the birth of a child how will that effect the divorce? We live in a different state from where the affair happened and if we find out who the father is how does child support work?

-- Contributed by: Liz

Is is possible to have it court ordered that my ex maintains health insurance for me? There are no minor children and my job does not provide health insurance.

-- Contributed by: Nina

Angie,

In a situation where an equitable division would not be just and reasonable, the Court can order a different arrangement. Your friend should consult an attorney to see whether this rule can be applied to her situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James,

I have afriend that is going through a divorce and her husband committed adultery and then when she found out filed for divorce. In Indiana the divorce laws are equittable division of property. They acquired their home her in Indiana approx. 2 years ago with money from her parents trust fund. Her husband has not worked or attempted to find a job since moving to Indiana. She is now being told she must pay him $30,000 even though he has not put anything into the home. They ahve no children. Is there anything she can do to prevent this?

-- Contributed by: Angie

Vern,

To file for divorce in the United States, you need to meet a residency requirement. This means you need to live in the state for a certain amount of time before you can file for divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i am from st.lucia getting a divorce down here is almost impossible can i apply for a divorce out of the country example america and will it be valid down here?Or do i have to wait the five years required

-- Contributed by: vern

Mike,

If the failure to consummate the marriage is from a physical problem, then you could submit a report from a doctor confirming that. A sworn statement could also be admitted into evidence. An attorney can provide you with advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

What to Do:

You can file the divorce papers without hiring a lawyer or see if you qualify for legal aid. If you live in a city with a law school nearby, you may be able to get help from a community legal clinic where law students are supervised by licensed attorneys. This LTK article discusses representing yourself in a divorce: http://divorce.lovetoknow.com/Do_It_Yourself_Divorce

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Anna,

You can have this provision included in a separation agreement with your husband. Please consult an attorney for assistance.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been separated from my husband for over a year. We have not filed for the divorce yet.I am now in a new relashionship, and recently my boyfriend and I bought a house. Legally, the new property title and the mortgage is under my boyfriend's name. We want to write an agreement to add my mane to the title (but not the mortgage). Is there a legal form my estarnged husband must sign to relinquish the rights to this new property as marital property? If yes, what is this form called, and where can I get it?

-- Contributed by: Anna

My husband and I have been separated for just over four years now and I have not been able to afford a good lawyer to finalize the divorce. We have ofur children one of whom is over 19. Another that is 16 that lives with his dad and twins who are 14 that live with me. We are not fighting over who gets the children or any property. I just want to get the papers signed and filed. Get a court date and get on with my life. I need to know what my next move should be with out going totally broke over this.

-- Contributed by: what to do

Chris,

For answers to specific questions about your divorce action, please consult your own attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Greetings.

Statement: Home is 100 % paid for and awarded 100% at final decree.

Question: Do I need to included in the FINAL DECREE

A. Statutory Warranty Deed statement included ??

B. OR - General Warranty Deed statement included ??

C. Plus - Signing A "Quitclaim Deed" to change the title & protect Respondent when property is being sold ?

-- Contributed by: Chris

Dear James,

I recently was ordered to pay for half of college and living expenses for my daughter who lives in Illinois with her Mother. She was required by the court order to carry 12 class hours per semester. After 4 weeks she dropped her English class and dropped out of school after attending for about 7-8 weeks. My question is in Illinois is it one and done to pay for college? Or can my ex come after me for the same expenses six months to a year from now? Per the judge I've mailed her an agreement asking for " Immediate Abatement" of Educational Expenses which is still pending.

Thank you

-- Contributed by: Mike Rogy

Scooby,

The divorce judgment can indicate that your husband is responsible for the debt, but if he fails to make the payments the creditors will be looking to you for the money. Please get advice from a lawyer about your personal situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Where Do I Start,

If you both agree that you want to end your marriage and that you don't want to reconcile, it is a good idea to get legal advice right away. Your lawyer can negotiate the terms of a separation agreement that can form the basis for your divorce judgment.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, When I married my husband a year ago his credit was extremely bad so anything we purchased was under my name. I now have over $10,000 in credit card debt and he is keeping most of the property. Will he be required to pay those credit card bills even though they are in my name solely?

-- Contributed by: sc00by0717

My spouse recently shared that he is no longer happy in our marriage. What is the next step needed to be taken now that we know we want to end our marriage? When should we start involving a lawyer?

-- Contributed by: Where do I start?

Your Name,

Your friend will need to consult a lawyer in the jurisdiction where she lives to get the appropriate advice for her situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Elizabetht,

You would bring a motion to vary the amount of child support based on a material change in cir...stances. Please contact a lawyer to find out how to start the process.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Chris,

If your wife has decided to file for divorce now, she can request spousal support and child support. You can dispute these requests when you file your response.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Jeanne,

For advice about your specific situation, please contact a CA family law attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

hi,i have a friend been married to a military and never been in states.they got married in the philippines and after a couple of years the husband want to divorce her but she dnt want too.And now husband didnot support her financially and knowing military payed him as a married.what kind of action she can do and who she need to contact or talk about this matter.

-- Contributed by: Enter your name here

hi, how do i go about having child support modified? My ex and I were divorced in Texas he currently pays $868 month for the two kids, but he has went from and E-4 in the military to a Warrent officer, (WO1) w/ substantial pay raise...Is it possible for him to have to pay more child support?

-- Contributed by: Elizabetht

after beiing seperated for 5 years can my ex wife ask for spousal support when we parted we had declared bankrupcy. also can she claim child support if the child was not mine and i had not adopted her legally also she had not pursued the biological father for payment for the last 15 years

-- Contributed by: chris

Hello, I live in CA and I am separated from my husband, but do not wish to get a legal separation. My question is, if I started a business in my name only, next month, while we are separated (not living together), will 50 percent of the business belong to him if we went through with divorce? Or will the business belong fully to me since it was created with my money and my resources while we are separated?

Thank you so much,

Jeanne

-- Contributed by: Jeanne

Chris,

In Illinois, an inheritance is not considered a marital asset. It would not be subject to division if you were to divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

JBluel,

Unless she has a criminal record for child molestation, you may not be able to keep her away from your children, no matter how much you disapprove of her relationship with your husband. Your lawyer will be able to advise you on whether there is a legal way to keep her away from the children.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I married a Belgium national over seven years ago. He came to live with me and had no assets at the time. I was the sole financial provider for several years while my husband established himself in the US. Four years into the marriage, he received a substantial inheritance when his father past (by Belgium law, the children receive all assets when the father passes)even though his spouse is still living. while visiting my in-law in Belgium, my husband's mother set us both down and showed us the bank books, stating that we would receive half of the assets. The other half would go to my husband's sister. My husband has also stated on several occasions over the past five years that we will be taken care of when we retire (he and I)based on his inheritance. My husband wants to retire within seven years.

the question is, am I entitled to half of his inheritance even if we divorce.

-- Contributed by: Chris in Chicago

My husband and I have been married for 13 years. My husband and I agreed that I should be s stay-at-home mom. We have 4 children. My husband started having an affair with a co-worker. He has now left the home and we are divorcing. His new girfriend is married and isn't going to get divorced for a couple years for financial reasons. She also does not want full-custody of her own children. Is there anything I do to keep her away from my children, since she is still married and not committed to my husband. I just want what is best for my children.

-- Contributed by: JBluel

Lisneidy,

He will need a copy of his previous divorce certificate when the two of you apply for a marriage license.

Jodee Redmnd LoveToKnow Editor

-- Contributed by: JCRedmond

Karen,

Please consult a local solicitor about the rules for divorcing someone you can't locate. You may be able to get an order for service by publication, which means that you can take out an ad in the newspaper to advise your spouse about the divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

KDuncan,

After your divorce is final, you can work out whatever kind of living arrangement will work for the two of you. If you are considering sharing the same home (with separate bedrooms) before the divorce is finalized, ask an Oklahoma lawyer whether you have the option of living separate and apart under the same roof and have it count as being separated.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Melissa,

You would either work out a settlement with your husband or ask your lawyer to make sure your divorce action is on the list for a hearing so that a judge can decide on the outstanding issues.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Bev,

Please consult with a lawyer to ask about getting some kind of temporary relief until the details of your divorce can be worked out. A judge may be able to order that your husband continue to pay the mortgage and give you a vehicle until the divorce hearing.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear james my husband is divorce, we r get married n he still has the married certificate after he got a divorce. does he need to save it 4 any thing. or can he get rid of it.

-- Contributed by: lisneidy

If my wife and kids were injured in a car wreck and my wife receives money in a law suit am I, as the husband, entitled to any of the money? The Vehicle was in her fathers name and she made the payments to her father for the truck but I paid for a lot of repairs on the truck. We were both insured on the truck and both drove the truck but now she's threatning to leave me when she gets the money from the law suit and leave me without a car or money. She obtained the truck years after we were married so it wasn't her before the marriage. I drive her to all her doctors appointments in the car her mother loaned us and have been involved in every aspect of the suit except for being in the truck at the time of the accident. Am I entitled to any of the money if she decides to divorce me?

-- Contributed by: scott reynolds

dear james.

I married in the dominican republic in 1996, and i have been seperated from my ex for 10 years i have no knoledge of his wherabouts or no copy of the certificate , can this be dissolved ? thank you

-- Contributed by: karen

Can my ex spouse live in the same house together to raise our kids if we have separate bedrooms? I don't want the divorce to become voidable, we live in Oklahoma

-- Contributed by: KDuncan

We filed for divorce at the end of July 2008, he filed the papers stating that we seperated 1 month sooner than we really did. Also, he has created an online dating site as of Aug 08 stating he was already divorced. The problem with all of this is that he is to buy my half of the business we owned, and since he has moved on with his life so rapidly is there a way I can speed up him buying me out, so that we cut all ties?

-- Contributed by: Melissa

I caught my husband with his ex-girlfriend in his car leaving his apartment at 11:45 am; the reason I went to his apartment was because he had taken all 4 vehicles from our home and he refussed to give me a key to one of the cars. I had knocked on his apartment door that morning at 7:30 and told him he had unti 12:00 to give me a car key. I followed them until he stopped and I saw her in the car; my two sisters were with me that day. we have two kids and I had no way to get to work or take the kids to school for 2 weeks one week I rented a car the next week I used my husband sister car. He also left me voice messages trying to make me move out of our home of 15 years-he stop making the payment for 3 months and tried to foreclose the home. What can I do?

-- Contributed by: Bev

Stephen,

Generally speaking, she should not be able to dispose of property until the divorce has been finalized. Please speak to your lawyer about getting advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Jeff,

Cohabitation is not enough to establish a common law marriage. You and your live-in will also have to tell people that you are married, file a joint income tax return, etc. In the event that your common law marriage doesn't work out, then you will need to get a divorce.

Please contact a lawyer to get advice about your particular situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife and I married in the Phillipines and are now US Citizens. I am stationed in Japan and she is living with me here. If we get divorced here in Japan, will the divorce be valid in the US?

-- Contributed by: JM

I too have a morality clause in my TX divorce decree, but my wording is the following: "The parents agree that no unrelated person of th eopposite sex with whom the parent is involved in an intimate relationship shall spend the night when the children are in the parents care unles agreed to by the other parent."

I am now in a serious relationship, and want to take the next step of cohabitation prior to marraige. My ex wants me to give up my time with the kids so they can't spend the night on my weekends. Will the Texas Common Law Marraige status give me a leg to stand on based on the verbaige? Can I fight this?

Please help.

Thanks in advance.

-- Contributed by: Jeff

in 2005 i did an interspousal transfer deed on a property that my wife and i mutualy owened (which would be fraudulant because it was done to keep creditors from placing liens on the property). less then 2 weeks after she filed for divorce. now 2008 we are still not legally divorced as she is avoiding property issues. she has recently moved out of the home and relocated to another city and is trying to sell the house to a friend of hers. i have filed a notice of pendency of action as well as an order to show cause regarding bifurcation and property settlement. my questions are, is this legal for her to do, and if not am i able to move back into the home since she is no longer there?

-- Contributed by: stephen

Susan,

If she is asking for their joint tax returns, it may be to confirm that the correct amount of tax was paid. Please visit this link to learn more about the Innocent Spouse Rule:

http://www.divorcesource.com/NY/ARTICLES/landau2.html

If your friend is not sure he should be sharing any personal information, please have him consult a lawyer before doing so.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Pete,

How the vacation property will be treated will depend on where you live. Please consult an lawyer to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Enter,

Arizona is a community property state. Please visit this link to learn more about how marital property is divided in that state: http://www.wilcoxlegal.com/arizona-legal-service-qanda/arizona-community-property.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My friend and his wife have been seperated for over a year now and did file taxes last year as a couple. They are now filing for a divorce and she is asking for his tax return information. If they are getting divorced and filed taxes seperatly and he already is paying child support I don't feel she has any right to his income information. Can you help us out in understanding why she might need this.

-- Contributed by: Susan

My mother in law put some vacation property in my wifes name about three years ago. I maintained the property by paying taxes and all maintenance needed and had it insured under my and my wifes name. We are now going through a divorce. Will i have any rights to the property? m

-- Contributed by: pete

i am disabled and have bought property with settlement check from ssi and have been married for 8 years will this have to be divited between the 2.live in arizona

-- Contributed by: Enter your name here

Eddie,

If you have been ordered to pay support, you need to continue making payments until the order is changed. Please consult with a lawyer to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My ex wife allowed my son to drop out of school at the age of 15, he is now 17 y/o and he will be 18 y/o in March 2009. He was just sentenced 6 months in jail for felony theft. Am I still required to continue my child support payments to her until his 18th birthday even though he is in jail?

-- Contributed by: Eddie

Danielle,

It sounds like your situation is quite complicated. What you need right now is information so that you can make good decisions. Please make an appointment to consult a lawyer who can give you the advice you need.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Claire,

The State Bar Association can recommend a lawyer to represent you. You should be able to file for divore in the jurisdiction where you are living now. Good luck.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi I live in Washington. My husband has a long list of domestic violence cases involving me as the victim. He is recently blind, and is now getting social security. Plus a small amount is brought into the home in my daughters name(she is not his)stepdad. The supplemental income recieved by us for her comes in my name. I want to get divorced. But my problem is seeing as i will now be a single mother i want to make sure my I's are dotted and my T's are crossed. He bought a truck for me. And a lap top. Now the thing is, what are his rights to these items. His name is on the recept for the lap top. Also my name is on the truck. Not his. I have not worked for year because he wouldn't let me. There is a restraining order put on him for me by the state. Yes i am living with him. I know that's bad. So my question is seeing as he is blind and it was a gift will he really get to keep the lap top? What about my truck? And when i leave will the ssi that he is getting for my daughter will that go away? I just want to know what i am getting my self into. Can he really sue me for back pay on all this?

-- Contributed by: Danielle

I am Filipino citizen, married in the Philippines but separated for the last 7 years. I filed annulment in the Philippine court but it has remained pending for 7 yrs, despite the monthly court hearings. I now find an American guy who would like to marry me. My question is, can i file a divorce in the US to dissolve a marriage done in the Philippines so i can be married in the US? Can u recommend to me a Law Firm who can help me out with this legal problem? Thank u very much and more power to u.

-- Contributed by: Claire

Nemo,

One of your friends can file for divorce in the state where they live and if the other person does not object to the terms, then he or she can sign the papers and the divorce will proceed in due course. If they are concerned about costs, they can do this themselves. This LTK article on getting a divorce without a lawyer will provide some more information:

http://divorce.lovetoknow.com/Divorce_Without_a_Lawyer

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Lisa,

If you can't afford an attorney, you can look at applying for legal aid. After this length of time, you would need to file for divorce to legally end the marriage.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I read article about not being able to locate spouse for divorce. is there not a cheaper way? for low income families? Is marriage valid if was intoxicated, and left day after 9yrs. ago? i woke up and realized what i done and left.

-- Contributed by: Lisa

For friends of mine. They both assume they understand the divorce laws, but are too timid to ask.... They were married for two weeks and the wife went to another state 1200 miles away. They haven't seen each other in over two years. Would they still have to go through the normal divorce routine... (price and time) Or is there a quick easy way for them to get the divorce?

-- Contributed by: Nemo

Steve,

The formula for calculating child support varies from state to state. How the Court would deal with your overtime would also depend on whether these earnings are sporatic or a regular occurrence. Please consult an attorney to get advice for your specific cir...stances.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Carrie,

I would suggest that you talk to your lawyer about whether you can get an order for exclusive possession of the matrimonial home and that you contact your mortgage company to discuss your options for getting back on track, given that your household income has decreased.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am a police officer and my overtime may vary depending on what is going on this year I have worked more overtime than the prior two, how would the court calculate my overtime in regards to child support in this case.

-- Contributed by: steve

ive been married for 22 years. my husband had a breakdown a couple of months ago and now feels he cant work.so of course he quit his job. i dont make enough to pay all our bills. my house payment hasnt been payed in a couple of months. when i talked on the phonewith a laywer they said i was responsiblefor everthing sincehe no longer works. i would like to divorce him and try to make arrangments with my mortgage company before they forclose. he wont leave the house. is there anyway to get him out. he says he will stay until they take the house. i would leave but dont want to sign a lease and then have everyone coming after me for money.

-- Contributed by: carrie

Julie,

Your marital status will change when the divorce is final. An accountant or tax preparation professional can advise you about how to report your marital status for the year.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Motion,

Your husband is asking that the child support be decreased and for the judge to order you to pay his legal costs as well. The do...ent should list a date for the hearing; please contact the Court Clerk's office in the county where the matter will be heard and give them the court file number to find out what the date will be. You can also take this do...ent to your lawyer and ask him or her to find out this information.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in Minnesota and am in the process of getting a divorce. My questions are (1) when does my marital status change, when we file for divorce or once the divorce is final? (2) What are the tax implications to changing your martial status during the year? Are things prorated where they look at the amount of time you were married and the amount of time you were single? Or is it either you are married on 12/31 of a given year so you file as married or you are not so you file as single?

-- Contributed by: Julie

I just got served with this motion as my ex husband just got out of the military and wants to have his child support obligation decreased. I am ok with that part. But one part of this that I am not understandiing the wording on is " Defendant prays that his child support obligation be decreased as set out above; for his costs herein expended, including a reasonable attorney's fee; and for all other proper relief to which he may be entitled." My question is does this statement mean not only is he asking to have his support decreased, but is also wanting me to pay for his attorney's fee? Also this doesn't state any date for a hearing so what do I do?

-- Contributed by: Motion for Modification of Decree of Divorce for Child Support

Jan,

This LTK will provide you with more information on this topic:

http://divorce.lovetoknow.com/Bankruptcy_before_Divorce

I would also suggest that you consult with a lawyer and/or an accountant to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Ygv,

Here is James' answer to this question:

In determining whether a home will be divided as part of a divorce settlement, the Court will look first at whether the home was acquired during the course of the marriage. If the home was acquired during the course of the marriage, then the presumption is that the property is marital and should be divided as part of a final settlement. However, as noted with respect to the other non-marital analysis discussed herein above, if the home was acquired by one party in that parties name and was purchased with property that individual had prior to the marriage, then there is the possibility of the home being viewed as a non-marital asset. Again, the general rule is that all property acquired during the marriage is presumed to be marital, regardless of whose name appears on title.

-- Contributed by: JCRedmond

My question has to do with the future. I want to get married, however the fella I want to marry still has a home with his former wife. The bad news is it is going into foreclosure and there may be a bankruptcy. Given that if we marry before the foreclosure and or bankruptcy is complete can the bank or the state (Fl) come after my assets at all for repayment if necessary? Thank you, Jan

-- Contributed by: Jan

My husband and I bought/closed on our house 2 weeks before we were married. But his name is the only one on the title. we have been meaning to put my name on the title but hasn't gotton a chance to do that. I do help in paying for the house. How does that work with a divorce. We also have one child.

-- Contributed by: ygv

Another State,

You would file for divorce in Chicago and make arrangements to have the papers served on her in Mexico. She would have the option of signing them as is or defending the action. Your marriage doesn't automatically end after being separated for a certain length of time. Please consult with a lawyer to find out about the process involved in divorcing someone in a different jurisdiction.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I married my wife in mexico about 5 years ago, but we split up about two years ago and i want a divorce. Can I get a divorce from chicago without getting in contact with her or even travel all the way over there? Do I have to talk to the mexican consulate? Does the marriage dissolve after being apart for so long? please help

-- Contributed by: how to divorce someone if you are in another state

Chris,

Then you would have the divorce put on the trial list and a judge will rule on the issues.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

hello, what if i serve someone with divorce papers and they refuse to sign, what do i do then?

-- Contributed by: chris franklin

Mohammed,

An immigration lawyer can explain all of your options to you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i just wanna know if i dont leave the state is there a chances to be legal ?

-- Contributed by: mohammed boujdi

sorry i forget to say im on a k1 visa

-- Contributed by: mohammed boujdi

Mohammed,

If you don't marry your fiancee, you will not be able to get permanent residence status based on the marriage. I would suggest that you consult an immigration lawyer who can explain your options to you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

can i stay in the states if i didnt marry the petitioner , i came to the US on a K1 visa but things didnt work out betwin me and my fiancee so we decide to not marry and i cant go back to my home countery im asking if there is a chance to stay here in the states and be legal even if i didnt marry the petitioner ?? and thank you so very much

-- Contributed by: mohammed boujdi

Tim,

You can arrange to have a person who is in prison served with divorce papers. This process is relatively easy, since your friend knows where her husband is. Once the papers have been filed, the Court Clerk's office should be able to tell her how to arrange to have them filed.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I need to know where I can find a waiver of service or what has to be included in one for the divorce my friend is having to file pro se and her husband just got sentenced to 7 years in prison so we need to know how to write up the waiver of service thank you.

-- Contributed by: Tim

my husband and I have been married 10 yrs he bought me a vechile and he has his own vechile, he has been making monthly payments because I couldnt afford it now that we split up he wants to take the car from me can he do that?

-- Contributed by: marie

Sharon,

Your husband has a legal responsibility to support his children. If you don't have a specific agreement in place for child support, you won't be able to enforce it if he fails to provide payments to you. Please consult a lawyer to work out a formal arrangement for child support.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Tasha,

Your husband has a duty to support his children. You may be able to get temporary support until you can get a job and become self-supporting. Please consult a lawyer who can advise you about your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Antonio,

You can file for divorce on the grounds that the marriage has broken down and you have separated.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I are getting divorced after being married for 2 years. I quit my job a month before we got married because I found out I was pregnant. I have been a stay at home mom for the whole 2 years. We now have 2 small children. My husband claims that because I did not work that I am not entitled to anything we have. He also said that because we have only been married for 2 years that he isn't going to have to help support me till I am able to get a job and support myself and my children. Is this true? We have 2 vehicles, both in his name that were bought before we were married. The one was bought for me. Does he get to keep them both? Am I really going to come out of this with nothing and 3 children to support?

-- Contributed by: Tasha

I want to divorce my husband and we are working through our arrangements amicably. We have two kids, one is 8 years old and the other 22 months. I do not want to ask my husband for maintenance but he has agreed to give me money for the kids as and when i need it. Is this allowed by the courts or will they make him pay me a certain amount. I really dont want him to pay me a set figure each month but just to be there when i need it.

-- Contributed by: Sharon Quinlan

im a christian and my wife abandoned me about a month ago. i talk to her but i feel like she is always taking advantage of me. telling me she wants to try and its never true. i just want to know as a christian if she keeps playing games with me and hurting me is this a good grounds for me to file for a divorce if i desire to go that route. thank you

-- Contributed by: Antonio dejesus

Kimberley,

You would file for divorce based on the actual date of separation, not when the two of your first discussed it.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Brian,

Marital property is divided according to the law of the state where you are living. If you live in a community property state, the assets are divided equally. If you live in an equitable division state, the property is divided according to what is considered fair, which is not necessarily 50/50. I would suggest that you consult a divorce lawyer to get specific advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Athena,

I would suggest that you consult with a lawyer about the fact that you were not truthful about your marital status on your income tax returns to get that matter resolved. Then you can file for divorce if you want to.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

How long does a spouse need to be gone from a resident in order for the other to file on the grounds of abandonment?

-- Contributed by: Deb

Hi James, My ex husband and I have been living together ever since we got married.A few years back we decided to get divorce but still stayed together as man and wife,bought a house adopted children,filed taxes all as husband and wife.Recently we have actually separated.How should we handle this.

-- Contributed by: Kimberly

Hello, Iâ€™m contemplating divorce but scared of the financial outcome. When my wife and I built our house she put down 80% of the down payment, but as years went by I have more than made up the difference by paying 90% of our monthly household bills since we have been married. In the situation of divorce would she retain all the money she put down or would the house equity be split 50/50?

Status: We both work full time I make 30% more than what she makes We both sold our previous homes during our marriage {She had way more equity} No kids

-- Contributed by: Brian

Hey -

1st of all, thanks for taking the time to read and respond.

I think I have a valid case for annulment. From what I understand there is not time limit on this. I am embarassed to admit that I have as my grounds, lack of consummation of the marriage. My question simply put is, how do I prove this?

Thanks again

-- Contributed by: Mike

I've been married for 15 years and separated (on and off) for 11. Except for spousal abuse (for which he has been charged) he has told me under threats not to file for divorce and not to include his name and SS# in my tax returns. So, instead of filing as 'separated' I've been filing as a single woman. Recently I found out that IRS is after him for back taxes. Am I in trouble with the law if I file for divorce now.

-- Contributed by: Athena

Enter Your Name,

You would arrange to have your wife served with the papers and after the time for her to contest the divorce has passed, you notify the Court Clerk's office that you want the matter placed on the list for trial. A judge will grant the divorce and decide what other terms are appropriate.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married for almost three years now and my wife has been out of state for the first 2 1/2 years. We have never lived together at all because she joined the Air Force when we were dating. I asked her for a divorce a few months ago. I am in the process of getting papers together now and let her know however my wife stated she does not want to sign the divorce papers. What else can be done?

-- Contributed by: Enter your name here

Who Gets Custody,

The Court will always consider what is in the best interests of the child when determining custody. This LTK interview will provide you with more information:

http://divorce.lovetoknow.com/Custody:_Interview_with_James_M._Quigley

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, If I have a husband who has established over the years that he doesnt like to work. Meaning working 6 months here and there and now we have children that he has to watch while I am at work. What is the likely hood of him getting custody if divorced. Its been about 4months.(not doing a great job)

-- Contributed by: Who gets custody.

Josh,

There is information on grounds for annulment on this page. Since you have a child together, you will need to file for divorce if you want to legally end your marriage.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Monique,

In a situation where you and your husband don't have marital property or children together, you may be able to prepare your divorce do...ents on your own. For service by publication, you need to get a court order first and you will need to hire a lawyer for that purpose.

A private investigator may be able to help you locate your husband, and that is an option for you. You can find listings in the Yellow Pages or online.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Eric,

The fact that you are solely responsible for supporting a child from a previous marriage should be taken into consideration by the judge. I would suggest that you consult with a lawyer who can bring that argument to the Court's attention.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

After my wife and I were married for a year and had a child, she told me that she had cheated on me multiple times prior to the marriage. Could this be grounds for annulment? Possibly fraud since I was led to believe that she was faithful prior to the marriage?

-- Contributed by: Josh

I'm seeking a divorce and cannott locate my spouse. We got married in 1999 @ a rykers island correctional facility and when he was released in 2000 his residence was never with me. He resided with his grandparents. I haven't been with him since but i've heard he is currently incarcerated again. If so, how can I go about proceeding with this divorce and under what grounds would they be,Abandonment? I've also tried to locate him in the correctional facilities and haven't been successful. Can I publicize the divorce in the newspaper? I need to move on, but I don't know the best way to do so without finding him. Also, do I have to hire a lawyer or can I do this on my own considering we have no property or children together.

-- Contributed by: monique

Due to an increase in my income, my ex-wife has informed me that she is going to seek an increase in child support. I'm aware in Illinois for one child the rate is 20% of net, but... I have full custody of a child from a previous marriage. We have not seen her mother for 10 years now and have never recieved support ordered by a Missouri court. I feel that I have an obligation to support my daughter that I have custody of and a certain amount should be deducted as part of the net before the 20% is applied just as if I was paying support for a previous order. Am I crazy or is this an unreasonable request? What is the best way to present this argument to the courts?

-- Contributed by: Eric

Dear James, My parents are married in Vietnam and had been residing in California for 14 years. My father is an abusive man, always beating her up, and even cheat on her with many other women. As residing in california he had been claiming that he was unemployed. Then 2 years ago he secretly left my mother, he told her that he will go out of state to visit a relative, in turned he never went back. He left for 6 months to Florida, then he filed a divorce paper stating that the divorce was because "The marriage is irretrievably broken." But the reality was that he was cheating on her and abused her. My mother does not speak English and did not know what the divorce paper was. When the papers got into my hand it was too late. He now owns his own hair salon in Florida, and only pays a child support of 200 dollars a month. My mother is left with 4 children, 3 in college and 1 under 18. Is there anyways she can file to get half of his income for child support or half of the property? Or for the time he abuse her? It's really tough because she is in California and he filed it in Florida. We now know from his family members that he secretly has a child with a woman who was from China and he had someone brought her over with fake marriage, it just that we could not prove that.

-- Contributed by: Lyn

Nicki,

All states have no-fault divorce, which means that your fiance can get one because the marriage has broken down. His wife can't force him to stay married to her; if they are unable to agree on a divorce settlement, then the matter will be decided by a judge. Your fiance's lawyer can advise him about how long the procedure will take.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My fiance' is currently married and he was in the process of filling out the paperwork when he ran into his biggest problem. The box for adultry states,"my spouse committed adultry." Can he be granted an absolute divorce if he is the one who committed adultry. Also his wife is contesting the grounds of the divorce. If he is admitting to doing wrong and telling her its over can she force him to stay married to her. If not is there a way we can have the absolute divorce granted before May.

-- Contributed by: Nicki

Laura,

Divorce when the woman is pregnant can be complicated. The court will need to determine who the child's father is so that an appropriate ruling for support can be made. A lawyer will be able to advise your fiance about his options in the state where you live.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My fiance is currently married and was in the process of divorce when he found out his wife is pregnant by another man. They have been separated since September 22nd 2007. Is there any way to continue with the divorce or will his wife have to have the baby before they can grant a divorce?

-- Contributed by: Laura

My husband has served me with divorce papers after six years of marriage. We have a 2 year old son too. My husband is making 85k and I have been unemployed from last 2 years since the birth of my son. We are living in orlando for last 2 years and there are very few job oppourtunites for me here, currently i have had no luck in jobs over here. I would like to move out of state with my son. Please tell me is it possible to move out of state after the divorce or during divorce.

-- Contributed by: janet

Michael,

When a judge is asked to make a ruling about custody, they consider what is in the best interests of the child. If there is no compelling reason why you should not have joint custody, then that is an option for the two of you. I would suggest that you discuss your concerns with your lawyer once you have been served.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I am currently waiting to be served divorce papers from my wife. I do not know the grounds as of yet. I am an employeed, non-felon, construction worker. Is there any reason that I would be denied joint custody because I am a retired professional MMA fighter? I have no history of domestic violence ever.

-- Contributed by: Michael Schwartz

@ Mike B: You may be able to bring a motion to terminate the alimony based on the change in your wife's cir...stances. Please take a copy of the marital settlement agreement to a lawyer to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

The Marital Settlement Agreement with my ex wife calls for me to pay alimony for 15 years unless I die, she dies, or she remarries. Unfortunately there is nothing in the Agreement regarding cohabitation. She has a boyfriend that has been living with her for the past year. Without language in the Agreement regarding cohabitation would a judge consider terminating the alimony.

-- Contributed by: mike b

Melissa,

Your divorce can be granted on the grounds of irreconcilable differences. If you and your husband can't agree to the terms, then a judge will have to decide how to divide your marital property and make a ruling on custody and child support. He can't prolong things to keep you married to him indefinitely.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Rebecca,

James mentioned something about abandonment in an answer to a previous question. "Moving out of the home is not considered 'neglect,' but may be considered 'abandonment' if the individual was pursuing a fault-based divorce. In practical terms it means nothing. However, if the husband later came back and wanted custody of the children, then his absence from the children in leaving the home could be used against him by arguing that his actions were contrary to the best interests of the children."

I would suggest that you consult with a lawyer before you do make any plans to move out of the house.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I consider ourselves separated, but not legally. He will not try to find another place to live, will it be abandonment if I leave? We have a 17 year old son still living at home. We live in Illinois. Thank You

-- Contributed by: Rebecca

I am seperated pending divorce and we have 3 children. My husband has primary residence with the kids but we have joint custody. When our court date comes around do I need my husbands signature to get a divorce for irreconsilable differences? Can he make it so we can't get a divorce and prolong it so we will always stay married?

-- Contributed by: Melissa

Larry,

You will need to refer to the original child support order to see whether the child support is to end at a certain age or if you are supposed to pay as long as your son is in school. Please consult an attorney to get answers to specific questions you have.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in the State of Missouri and have a son who is 18 and will be 19 in March. His mother has full custody and I pay child support and have for the last 15 years and have never missed or been late on a payment. I find out the month before he was to graduate high school that he had failed his junior and senior years. His mother has made him go back to school.

Do I still have to pay child support?

-- Contributed by: Larry

Matt,

I haven't been able to find any reference to bonuses being excluded from income. I would think that "income" includes income from all sources, including temp work, part time work, bonuses, etc.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Family Law,

I'm sorry to hear about your situation. You need to get a lawyer who can help you apply for custody and to make sure that you get to exercise your visitation rights in the meantime.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Holly,

It sound like it's important to you that the life insurance policy be kept in place with you as the beneficiary. If you want insurance proceeds to pay off the mortgage on the house, you may want to see if you can get mortgage insurance for this purpose. If you want the funds for support if your husband dies, then I would suggest that you have your lawyer negotiate this as part of your divorce agreement.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I read by Kansas law that bonuses and other types of pay are not considered as income because its not a regular basis, so does a temp job fit into that category or is it considered income?

-- Contributed by: Matt

the mother of my children moved to another state with my kids without letting me know, I took her court and the judge said she didn't have to come back and instead she gave me a two week visitation period throughout the whole year ( I raised this kids since they were born!!! they're 8 and 5) well the mother changed her number as soon as we got out of court, moved to a different address and I have not been able to see my kids since december and on top of that I was ordered to pay $1000 dollars for child support. what can I do about this situation I want my children to come back, they have been living in this county since they were born I really need some help not to mention I miss them so much.

-- Contributed by: family law

I live in NC and have a question about life insurance policies. Our children are grown and spousal support is not an issue. At first, my husband and I agreed to keep the beneficiaries the same (each other and our children) because since we have been paying them during our marriage we thought it was fair. Now my husband is changing his mind (he has a girlfriend). We have not signed our divorce papers, but have a tentative marital settlement agreement. Do I have any recourse in making him keep his agreement or can the life insurance be considered assets and be divided by figuring out how much has been paid in premiums and divided that way? My husband is not in good health. He has had two heart attacks and has prostate cancer. We also have a home that has been on the market for 8 months, that has an existing mortgage. Please help! Thanks!

-- Contributed by: Holly

Elaine,

What you need right now is information so you can make good choices. I would suggest that you make a list of all of your assets and debts and consult with a lawyer who can explain who marital property is divided in your state. This LTK article about bankruptcy and divorce might help answer some questions about that option: http://divorce.lovetoknow.com/Bankruptcy_before_Divorce

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dave,

All states have no fault divorce, so you don't need to prove adultery to legally end your marriage. If you want to file on the grounds of adultery, I would suggest that you consult with a lawyer licensed to practice in your state who can give you specific advice about the evidence you have gathered.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I was married back in 2003 and right after I got married my husband went back to Isreal and I have not seen or heard from him since, I want a divorce but I am not sure what the procedure would be? Do I have to fill out some other kind of divorce papers because he is in Isreal? I just want to get divorced, I now have a new family and would like to remarry. Can you please help me??

-- Contributed by: cubana

James,

Just seperated and trying to find which ways north, we own 2 houses one with maybe 70,000 in equity and the other upside down about 50,000-70,000 (because of the housing drop in CA). How do you go about settling the upside home, also if we file bankrupcy can a home that I am a joint ower with my sister (Inheratence) also at risk of the bankrupcy?

-- Contributed by: Elaine Armistead

I have a video recording of a man entering and exiting my house whom my spouse had a fling with. The video doesn't show explicit material but the mere fact of the footage, the hour of the recording (when she was supposed to be at work, phone logs) and footage of her callin her lover that day before the encounter. Is that enough to present in court along with phone logs of her talking to her lover over 2 years?

-- Contributed by: dave

Najwa:

This LTK will provide you with some information about Green Card Divorce: http://divorce.lovetoknow.com/Green_Card_Divorce

Your brother should consult a divorce lawyer and an immigration lawyer for specific advice.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My brother met a woman in his native country of Syria and brought her to the USA on a K-1 visa. They immediatly got married and she had his child last March. My brother had filed for her papers, but hasn't received anything from Immigration yet informing him that his wife obtained the green card. She recently just took her child and walked out on my brother, and is staying with her Aunt. She thinks her Green Card status is valid.

What would happen in a situation like this? He wants to divorce her. What would happen to their child? Would she be deported as soon as he files for divorce? Would their child (born in the USA) be deported with her mother or would he be able to get full custody since he is an American citizen and the mother isn't.

They reside in the state of Minnesota.

-- Contributed by: Najwa

Richard,

I can appreciate that this situation is stressful for you but planning to do some harm to your ex is not the answer. Since dealing with her is so aggravating for you, I would suggest that you find an attorney to represent you and that you tell your ex that any communication will need to be made through that person. What you need right now is professional representation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

im in the army and last year i married a best friend to help her with her health care bill. after an argument she left witout telling me. i have not seen her since last march and i filed for divorce short after. since i was busy with deployment preparation she gave me a notarized letter authrizing me to sign her name on the dissulution papers. i showed the clerk the letter and signed it in front of her. this was 3 days before i shipped out. several months ago my ex wife said she got the papers and the divorce was filed. now almost a year later my ex wife is going through financial hardship and now she claims our divorce was not legally binding since she did not sign the papers herself. is my divorce legal or will i have to go through the divorce again? i return from deployment in 3 months and i am ready to move on with my life. the marriage is under 2 years and im sure she is after some kind of financial settlement plus we have no kids between us. she is putting me under mental stress while im out here and i just feel if she aggravates me when i return about this im lible to do something harmful to her if she refuses to get out of my life. thank you a stressed out soldier

-- Contributed by: richard

My friend is going though a divirce and she is selling thing that are all assets to the marriage that has not been divided though the divorce. He has gone though 3 laywers and is having a hard time trying to prove to this judge that she has been selling things on e-bay and though resale stores that are marritial assets. She has been doing this for over a year. The only law that I have found to support the selling of assets or in the Oregan divorce law ORS 107.093 you can only sell assets of the marriage if it go to the following attonery fee, therapy, for either parties ot the minor children including real estate taxes and income taxes. I can't find this law that will support this in IL. My friend is the one that has to pay her attorney fee's and he need the therapy do to what is going on. So she is selling and getting away with it can you help? Hope to hear from you soon.

-- Contributed by: help

Need to Get Married:

If you are planning on filing for divorce in Panama, you will need to find out what the procedure is in that jurisdiction. There are policies in place in the U.S. for divorcing someone you can't locate. Here is an LTK article o the subject:

http://divorce.lovetoknow.com/How_to_Divorce_Someone_You_Can%E2%80%99t_Locate

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

i was married for 5 month and i went to panama i been here for 3 years and lost communication with him and now i want to get married to someone else and im going to apply for a finance visa what can i do?? to get an divorce or paper if im in panama and i cant reach my husband and im filing for a fiance visa through panama...

-- Contributed by: i need to get married with someone else and my husband lost

1. Would all the child support money my husband spent for a child he had with someone else in our 25 yr marriage come back to me in the divorce settlement via assets or keep him from my pension? The child is 16 yrs old?

2. My husband is spending his IRA. Can I spend or move mine to keep him from mine should he file for divorce in the future?

-- Contributed by: Carmen Davis

Jim:

This link will provide you with information about property division in California.

http://research.lawyers.com/California/Divorce-In-California.html#two

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I was married for four years but bought a house on my own a year BEFORE we married. I never put her name on the title. Is she entitled to half of any equity there may in the house because of appreciation? I live in California which is a no fault state.We made no improvements to the house during ths time.

-- Contributed by: Jim Clark

Carrie,

You should let the Court know that you have attempted to reconcile but that your attempt did not work. Check with your lawyer or the Court Clerk's office where the divorce is to be heard to see if you need to refile. It may depend on how long you and your husband lived together after the divorce petition was filed.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I have been going through a divorce for the pass two years. Last year my husband ask for Attorney fee which was denied, but he has not complied with court orders, but my Lawyer is ignoring the facts. Now I have to move from my apartment with my kids and all the money is in Escrow. What can I do on my own to end this hold drama and obtain my Escrow, because my Lawyer is asleep on the case.

-- Contributed by: Cecelia living in New York

Hello I live in Kentucky and my husband and I recently tried to reconcile about 3months ago but the reconciliation is not working out. We have a divorce case still pending but has not been finalized yet. If I decide to leave and not go on with the reconciliation how will this affect my divorce case now and will I have to refile? Thanks

-- Contributed by: Carrie

Angela,

Here is James' answer on the topic of morality clauses and enforceability:

Generally speaking, a morality clause is not something that is enforceable. Having said that, if the parties agreed to such a clause and was approved by the Court as being a matter related to the best interest of the children, it may be enforceable as it relates to custody or visitation. Without knowing specifically what the clause says it is difficult to answer whether the clause would be enforceable....

-- Contributed by: JCRedmond

Make More Money:

Child support will be based on each parent's ability to support the children and how much time the children spend with each of you. Your lawyer will be able to give you an idea of whether you will need to make payments to your former husband for this purpose.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

KT: Yes you can.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

James,

I just started the process for my divorce. I feel that I am being very fair with my future ex. I am letting him stay in the house and not even asking for any of the equity. I have not asked him for allimony and I am allowing him to low ball me on child support because he will have the children during the summer months. He is trying to demand that I sign a morality clause that will prevent me from having any non-related guests to my house while the kids are there. Can he deny me a divorce if I refuse to sign that agreement? It feels like he is trying to have custody of me even when we are not together anymore.

-- Contributed by: angela

James, I will be going through a divorce i make 30,000 more than my future exhusband does will i have to pay him child support? I would like to have joint custody for the kids sake(2) also he wants me to move out so that he can use the proceeds to get an apt. i want to stay for the kids sake..pls help

-- Contributed by: i make more money than he does

In a divorce, can you keep joint ownership of property in IL if both parties agree? We are very agreeable to everything and just want the easiest divorce possible.

-- Contributed by: KT

Karine,

I would suggest that you consult with a solicitor who can advise you about your rights and responsibilities. It is possible to get a divorce under UK law without your husband's consent, but it will take longer than if he agrees to it.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Met my husband in Gambia where he resides, married september 2007 to my regret and after two weeks of marriage I returned to the UK. He constantly asks for money which I have sent him on numerous occassions but found that during my visits to him my money was being taken by him, when confronted he would reply 'now whats yours is mine'when I finally refused to pay for his lifestyle, he would pull on the emotional blackmail senario. I found after marraige he did not care for me as I thought, he was staying out most of the night at bars so he says. He will not consent to a divorce unless I give him money. what can I do to divorce this man and his family whom I seem to have taken on a role as head breadwinner! Thank you in anticipation I want to put this sad episode in my life away for good. Karine.

-- Contributed by: karine

Will my spouse have to account for his gambling losses, approximated $2000 per month for the last 10 years, if I divorce him. We have separated over this problem several times, along with his drinking problem. He feels because he makes the mortgage payment, he should be able to do whatever he wants to with the rest of his money, even though the house needs repairs, etc. He also thinks if we divorce, he is entitled to half of everything, but he has thrown all this money away gambling.

-- Contributed by: Lois Eargle

Hi Sherly,

Your boyfriend cannot legally marry you until he is divorced from his first wife.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Lucy,

You can file for divorce even if you don't know where your husband is living. This LTK article will give you more information:

http://divorce.lovetoknow.com/How_to_Divorce_Someone_You_Can%E2%80%99t_Locate

Please consult with a lawyer who can advise you about property rights in this situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

dear james, my bf his seperate his wife almost 9 years already. but not yet divorce..if ever he want me to get marriend,its a legal or not? thank you

-- Contributed by: sherly

Case:Husband has Warrent for arrest with bail set at a VERY LARGE SUM MORE THAT TWO TIMES WHAT THE HOUSE IS CURRENTLY WORTH.He left the country so was not served but knows he is wanted.Have not heard from him for 7 months now and don't think I will ever see him again. He was not working and was living outside U.S. the last 3 years +or-.I have been making all payments for a home we shared in a Joint Title ownership. How long do I have to wait till I can file for divorce and since he probally will never come back to US what if I want to sell the house because I do not know how long I can keep making housepayments, before I would fall behind and might loose the house, due to foreclosure? I still have enough money to make payments because I borrowed some money from relatives. Is he loosing his community property rights by being out of contact?If so how much time has to pass before he forfeits his legal community property rights? How can I protect the equity I have built up these last 3 years by myself with no help from him/

-- Contributed by: Lucy

Betty,

You should make the decision that seems right to you. If you and your husband are about to separate, please consult a lawyer who can advise you about your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

All of our finances have been separate, credit cards everything. He got a Sienna last years and has a 0% loan on it. I just paid off my Avalon 2003. It has been in some accidents and I am fearful not to be in a bigger car, since there are so many SUVs around where I live. I have heavy debt in credits cards and have no assests. He has 4 million in assests a good chunk is mine from a business we co-created. The way it seems is that he has the benefit of my paid off vehicle values at about $10,000.00 and I have the luxury of being half responsible for the debt on the new sienna, giving me a net on minus $10,000.

If I get a new car, (my credit is good now, but for how long I don't know, probably not much longer) We are both in debt but at least I have a new car to show for it.

Please someone help me decide. I can get a 0% offer for 5 years on a new car loan but I only have 3 more days to do it.

Thanks!!!

-- Contributed by: Betty

Susan,

Your husband isn't doing anything illegal by choosing to live with this woman, so it's unlikely that you could get an order removing her from the home.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Shelly,

While you can file for divorce on your own, there can be complicated issues that come up when negotiating a divorce settlement. You will be better represented if you hire an attorney to act on your behalf.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Megan,

This LTK article on How to Divorce Someone You Can't Locate should answer your questions.

http://divorce.lovetoknow.com/How_to_Divorce_Someone_You_Can%E2%80%99t_Locate

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Lisa,

This article on Legal Separation will give you more information about this option.

http://divorce.lovetoknow.com/Legal_Separation

A lawyer can help you negotiate the terms of a legal separation with your husband and advise you about the situation with your husband's debts.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Lissa,

You can't start a new divorce action in Illinois as long as the one is Arizona is still pending.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I need to know if my husband can legally move his girlfriend into our home. We are still married, however I moved out because the humiliation he bestowed upon me made it unbearable to remain in the community, much less our home. He had affairs with several women, one of whom he fathered a child with. I have not signed off of the deed to the house & have no intention of doing so. Do I have any recourse to getting that woman removed from my home?

-- Contributed by: Susan

I would like to divorce my husband because of irreconcilable differences, we don't own any property and we have 3 children, I already know that the judge will probably order child support from him and give him visitation,I don't want spousal support. I searched the Net and found downloadable divorce papers that I can do on my on. Would you suggest that I do that or get myself an attorney?

-- Contributed by: Shelly

My husband was incarcerated when we married and for the last year of his sentence we were estranged. He got out in April but went to Wyoming and I have no idea where he is or how to find him. I would REALLY like to get a divorce or annulment a.s.a.p. but have no idea how to go about it. Cheap or free would be great too.

-- Contributed by: megan

Dear James,

I have been married since 1997. I just separated my husband a yr. ago. He is an illeagal imigrant with two properties, one of the properties went to forcloser and, he is being sude by the bank. My name was on the court papers when he got soummed to go to court. I never worked while i was with him and my name was not on the loan.Can i still be sued? He is not helping me with our three kids and im not asking for help i just want him to pay for divorce. I cannot afford it because i am raising three kids on my own.I heard about a legal separation how can i get that started? Will it work in my case?

-- Contributed by: Lisa

Hi Mike,

I would suggest that you make an appointment to consult with a lawyer who can advise you in this matter.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Amy,

All states have no-fault divorce, which means that you can file on the grounds of irreconcilable differences. Naming the young lady may cause her a bit of embarrassment, since it will be part of the public record, but that's about it.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been seperated for almost 2 years. The divorce was his decision but when it came to actually filing the paperwork he kept coming up with excuses as to why he hadn't done it. He has finally filed in Arizona, his state of residence, while I live in Illinois. All that is left is for him to sign the offical divorce decree and now he is procrastinating again. Can I file in Illinois?

-- Contributed by: Lissa

Dear James,

I currently live in California and my child support payments of 11 years in Illinois have just ended on June 1, 2008.Our original divorce papers speak nothing of having to pay for college or any type of maintenance and she is now coming after me for both. I have already received a threatening notarized letter asking for 1/2 of college and a percent of my daughter's car, ins., gas, food, clothing, car expenses,medical ins.and medical bills. If I don't sign the agreement by July 7th she'll come after me in court for percentages of her mortgage,ins.,utilities,property taxes and related household expenses.Any help you can give me on this subject is greatly appreciated.

Regards,

Mike

-- Contributed by: Mike Rogy

Me and my husband are in the process of getting a divorce in the state of Illinois. We currently own a small trucking company which I told my husband he could have the company completely I do not want any part of it. Only problem is my name is listed as guaranteeor for most of the equipment. How can I make sure that after the divorce I wonâ€™t be required to pay for the company's equipment?

-- Contributed by: Mary

I just found out my husband has been having a "relationship" with a 19 year old girl. What kind of legal ramifications would there be (if any) for this girl if I list her as the cause of divorce?

-- Contributed by: Amy

Hi John,

It may be possible for you and your wife to agree not to finalize the divorce until after the house sells, but I would suggest that you consult a divorce attorney who can advise you about your specific situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My wife filed for divorce in Illinois. Can I make the divorce contingient on the sale of our home. I don't expect the house to sell till summer of 2009. I don't want to live in same house as my wife being divorced. I think it would be easier still being married till the house sells.

-- Contributed by: John

Hi Jana:

Here is James' answer on a question about moving to another state and child support:

Answer:

Typically, the Judgment for Dissolution of Marriage or Parentage Order pursuant to which child support is established, would determine the choice of law governing the support analysis. Therefore, if the decree indicated that the laws of the State of Illinois would govern and an individual moved to a different State, Illinois law would still apply. However, if a custodial parent lawfully moves to another State, that party may move to enroll the Judgment as a foreign decree in the State in which the custodial parent then resides. If not otherwise specified, the laws of the State in which the custodial parent was then residing would apply once the Judgment has been properly enrolled.

It is unlikely that the differences in State laws alone would be allowed as a proper basis to modify support absent other changes in cir...stances outside of one parent simply moving to another State.

After the move, you should consult with a lawyer in California to get advice about whether you can request a modification to the existing child support order due to a change in cir...stances.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Jana:

Here is James' answer about the issue of a morality clause (taken from this page):

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I am the custodial parent of my two children. We will be moving to California where the cost of living is higher than the state of Georgia. Would my child support increase based on the higher cost of living in California? and if so, what do I need to do to begin this process?

-- Contributed by: Jana Bennett

Good Morning James, At the time of my divorce, I failed to consider getting a morality clause. Is this something I could have ammended or will have open another case?

Thank you

-- Contributed by: Jana Bennett

James,At the time of my divorce i did not request any child support at time.I (THE FATHER)got full custody of my 4 yr.old. His mother dissapered out of our life.No contact what so ever in 14years & no support ever. My son is 22yrs.old.I found out what state & an address where she is now.Can I take her back to court and get any kind of back support at all? She left no forwarding address with the courts,so I had no way of contacting her.She is the other half(parent)of my son.If I can't get any kind of BACK support,all one has to do when a divorce is going to happen is dissaper till the child reaches 18....RIGHT?

-- Contributed by: Frank

Step,

You should take the time to consider the value of all the assets from the marriage, including the house, vehicles, investments, retirement accounts, pension plans, and the like. A lawyer and an accountant will be able to help you come up with a figure to ask for. A portion of any debts ac...ulated during the marriage will be deducted from your settlement, and you will need to keep that in mind as well.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

In my divorce proceedings the judge asked me to give a number of what I want from the settlement. I researched the value of the home on the county site and plan to ask for half of the recorded assessment value. Is that the right thing to do? I am not sure about the equity in the home or should I assess what I should receive another way. I would appreciate any help you could give me.

-- Contributed by: Step

Ashley,

Your divorce settlement will be legally binding. I would make sure that what you have agreed to is clear to the judge who will need to review the do...ent and will enter a judgment accordingly. My impression is that you are not entirely comfortable with your husband's suggestion or you would not have asked the question.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I am in the process of divorce and my Soon to be ex is considering what she should gain from a settlement. When we went to buy a home my family gave me a gift of 5000 for a down payment on the home. The check was directly to me and even has files "gift" paperwork saying it was a gift. I then sued that money as my down payment on a home in both mine and my wifes name. Does she have claim to any of that equity or is that considered mine as a gift. I have a feeling that since I used it for something with both our names that it became partially hers. Please let me know. Thank you. David

-- Contributed by: David

Hi James, my husband and i have been through a couple of sets of divorce papers already, because he's had them drawn up in a way he knew I wouldn't sign them. Now we're cooperating much better, and he's asking me to help him change the papers so we can both agree on them. But instead of paying to have another set drawn up, he wants us to go through and cross out the things to be changed and initial the changes, then sign them. Is this legal, or would signing them put the original papers into effect? Thanks a lot, Ashley

-- Contributed by: Ashley

Shel,

Please visit this link to learn about how the Divorce Act deals with divorces granted in a foreign country:

http://www.bcfamilylawresource.com/08/0803body.htm#foreign

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Anon,

This LTK article on Green Card Divorce will provide you with some information that should help to answer your question.

http://divorce.lovetoknow.com/Green_Card_Divorce

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Good day James A friend of mine is currently going through a divorce. His wife has stated the reasons for divorce is due to abuse, extra marital affairs and so forth. All the reasons been untrue. He would like to contest the reasons for the divorce as he is afraid that they will impact him in the long run but he also does not want to drag out the divorce proceedings. If he does not contest the reasons for the divorce how will it effect him in the long run ?

-- Contributed by: Natasha

dear James, i was married in canada then my husband and i moved to algeria and then i returned to canada and he was granted a divorce in algeria. How do I have that divorce registered here in canada?

-- Contributed by: shel

Jenny,

You would file for divorce where you live, which in this case is Texas. In order to file, you must have been a resident of the state for six months prior to filing. How long the proceeding will take will depend on whether the divorce is contested or not.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

James, I have been separated for over 4 years now. There are no kids involved, no properties to divide, and we both agree on it. We got married in California back in 1997, and since I was military, I moved around and ended in Texas. I now have a Texas residency, am out of the military, and work for 5-6 months out of the country. My question is, do I file for divorce in California or Texas? Whenever I am in the US I am in North Carolina or Texas, and he lives in California. Where is the correct place to file? how long does it take?

-- Contributed by: jenny

After only one year of marriage, my Japanese wife and I want to kill each other. We would like to get a separation agreement and a divorce, because there is no reason for us to be together. However, her change of status INS interview is not for another year. What options does she have so that she does not get kicked out of the US ? Thanks!

-- Contributed by: Anon

Lori,

The short answer to your question is No. Unless he has a court order, he cannot keep you from coming on to the property.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Randall,

If you got married and the marriage broke down, your spouse would be entitled to a share of the marital assets. These are assets acquired during the marriage. Anything you owned prior to the marriage would be excluded. Depending on the state where you live, the property will be divided equitably, which doesn't necessarily mean 50/50, or as community property.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been fighting for the past 4 days. I left the home yesterday to cool off for the night. I stayed with his sister. When I returned this morning to drop off my dog, he had changed the locks. Can he do this? This is a home I inherited. His name is only on the deed because were married at the time of transfer. Thanks.

-- Contributed by: Lori

I am not married, currently in a relationship. I am 48 yrs old with about 1 million in assets. If I were to remarry without a prenuptial, would my spouse be entitled to these assets I have ac...ulated prior to the marriage if we were to divorce.

-- Contributed by: Randall McDonald

Shannon,

When you marry this man, your income cannot be used to calculate the amount of child support he pays. Here is a link to more information:

http://www.lanwt.org/txaccess/change_childsupport.asp

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Jennifer,

James has answered a question about morality clauses already...it is located a little further up on this page. You do have the option of representing yourself in a divorce, but it's not always a good idea. I would suggest that you find another lawyer willing to represent you in this matter.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

James, I am trying to figure this whole divorce thing out and I don't feel that my last attorney was very helpful. A Motion for Contempt and Change of Domicilary Parent was filed and we went to court. At court both attorneys, my ex-husband and I were all in a room. We discussed the fact that he had not paid child support in 9 months (originally $1000/mo), was in contempt for several other things, and child custody issues (holidays/when they would come home/etc) All of these things were agreed upon that day at court. During this time I also became aware of 2 financial matters from our marriage and a vehicle that I had given him all rights/interest/etc. to that was about to go into a repossession state. That Judgment was never signed. His attorney could not reach him. Then my attorney informed me he would no longer be able to represent me due to the fact that my ex-husband is on probation and he is an A.D.A. (Don't really think it's fair, but I understand) We have a morality clause (No overnight guest of the opposite sex, unless related by blood or by marriage). I informed my attorney that I had plans to take the kids to the beach with 6 adults and 4 kids. One of the adults happened to be my boyfriend. If we were staying in a 3BR/2BA condo and not in the same room, would that violate the morality clause. I was told "no" as long as we did not stay in the same room and their were other adults. He is now telling the children that I am in contempt and will take the kids away from me. Please help me with a good clear definition of a morality clause and the "rules" surrounding it. Also, can I finish this divorce myself? We have been seperated the longer than the time given. I just want to make sure that the 2 financial obligations that I have already paid and the truck that has been repossessed are taken care of (and that I don't become responsible for any balance owed on the truck) Your help is greatly appreciated!

-- Contributed by: Jennifer

I reside in Texas and am engaged to a man who has a child from a previous marriage for which he pays child support. When we marry, can my income be included as a basis for support? I don't want the amount of support to increase based on my income. Is this something that a prenuptial agreement can cover or can we just keep our finances seperate? Help.

-- Contributed by: Shannon

Rohail,

If the couple has been living together all this time, then they will likely need to seek a divorce and marital property will be divided according to State law. As long as one person has been a resident of Texas for six months, then they can file for divorce.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

1. Can a first cousin married couple file for annulment (for first cousin reason) in Texas after 10 yrs of marriage? I understand that Texas allows first cousin marriage. (The first cousin marriage was due to family pressure). If court were to allow annulment, is marital property still divided? 2. In order to file for divorce or annulment, does the couple need to be physically present in the state for six months? What if couple is permanet resident of the state (under immigration definition) but is physically abroad at the time of divorce?

-- Contributed by: Rohail

Dee,

Your friend's obligations to his wife will either be agreed to between them or decided by a judge at the divorce hearing. Any property they acquired during the marriage will be divided. If the wife is unable to work, he may be required to pay alimony. More than likely, the wife is alleging physical abuse so she can get around your friend consenting to the lifting of her green card's conditional status. She will probably need to be interviewed by Immigration officials before she can get a waiver.

If he is granted exclusive possession of the matrimonial home, then he has the right to ask her to leave the house. I would suggest that your friend take up all these issues to make sure they will be dealt with in the divorce action.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Amanda:

More than likely you will be on your husband's insurance until the divorce has been finalized. Alienation of affection does still exist in some states, but Wisconsin is not one of them. On the subject of alimony, you may be able get support until you can find full time work. You may want to start looking for something else now; even if you are granted maintenance, it will likely only be for a relatively short time.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James:

I have a friend (he is active duty in the US ARMY)that married in Bolivia. As soon she came in to US they start having problems because she doesnot wants to accept the fact that her husband has to be deploy. she been acting crazy and even been arrested about 8 times and also had psychological evaluation (she is on medication). My friend try to work thing out and has giving her so many changes to work their relationship. but nothing is working she left the house because she attack him (hit him) it is like she hate him. they been married less that 2 years. He submitted for a divorce in South Dakota and his divorce will be final next month. 1 he wants to know what are his obligation to her after the divorce is final, because she is living by herself at his house? 2. what is going to happen to her after her green temporary expired in december? will she become ilegal? 3. she been calling social service and any place you can image to say that he has abuse her physical and psychological? this is not true.. 4. can he tell her to live his house house when he divorce is final

TNX

dee

-- Contributed by: Deyanira

I live in wisconsin and my husband has filed for divorce, He decided he didnt love me anymore and wanted to be with one of our friends,I dont want the divorce, i think we can work it out but he doesnt want to.I am on his insurance, I took the job i have because we agreed that i could go on his insurance. Am i still going to be able to be on his insurance. Also is their such a thing as being able to sue the other women. I was told to ask about suing for alienation of affection. Is their such a thing? One other thing, i oonly work part time is their a chance that i will be getting maintenace, I cant live on just my income. We had it perfect for our lifestyle with both of our incomes.

-- Contributed by: Amanda

Rohail,

Depending on where the couple lives, first cousin marriage may be legal. In that case, they would file for divorce and any marital property they ac...ulated would be divided according to the laws of the state where they live. Please visit this link for more information:

http://www.ncsl.org/programs/cyf/cousins.htm

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

1. If one is married first cousin for 10 yrs, can one file for annulment or void of marriage? 2. In an annulment or void of marriage, is marital property still divided?

-- Contributed by: Rohail

Adam,

Illinois is an equitable distribution state. This means that marital property will not necessarily be divided 50/50, but will be divided in a manner that is considered to be fair.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Does the state of Illinois recognize community or joint property in a divorce?

-- Contributed by: adam weinstein

Harold,

A portion of your pension would be considered marital property. Depending on where you live, the value of your pension during your marriage would be subject to equitable division (not necessarily 50/50) or divided equally as part of community property. Here is a link to an article that will provide you with more information:

http://www.pensionappraisers.com/pensionstory/pwhy.shtml

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Dear sir, I get a pension from GE after working 35 yrs , I got married during the last 6 years of that 35 years of work at GE. I want to know is my spouse entitled to part my pension if we divorce, just because I want to divorce. thank you

-- Contributed by: Harold

Stone,

Your lady friend can still get a divorce, even if her husband doesn't sign the papers. It will mean the proceedings will take longer than if if he consented. I would suggest that she consult with an attorney, file the papers, and get a date set for a hearing.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James,

If I was married in the state of Illinois but has moved to California and have been living there for 4 years +, would the community property law apply if we were to file for divorce?

-- Contributed by: ln

John,

This article provides you some information about child support in Illinois, and the issue of whether a new spouse's assets should be taken into consideration when determining child support. It also looks at paying for post-secondary education.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

In,

To file for divorce in California, you must have lived there for a minimum of six months. Please visit this link to learn more about how property issues are dealt with in that state:

http://www.divorcesupport.com/divorce/California-Property-Division-Factors-440.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, I live in New York and for the last few months have been dating a wonderful lady. The problem is she is still married but trying to get a divorce and he will not sign the papers.

Basically they were together almost ten years, in which he did drugs. He left her last fall to continue his drug habit and also be with his new girlfriend.They have a young daughter together as well as assets (house,vehicles,etc).Is it possible for her to ever get a divorce from him if he does not want one? Is there any legal means that will force a divorce?

-- Contributed by: stone_420b

Dear James,

I was married in the state of Illinois but then moved to California where I have been residing for the past 4 years. I would like to divorce my husband but I wanted to know if he will get half of everything per the Community Property law of California even though we were married in Illinois. Thanks in advance for your help.

-- Contributed by: LN

Hi, (Cook County, Illinois)

I have been reading with great interest cases regarding this trend where the ex spouses new husband or wife's income/assets are taken into account when determine support and college tuition.

My question is this. In my case my ex wife, who could easily be gainfully employed, chooses to do some part time work and charity work. Her new husband makes big money and she has a big house in an elite north shore suburb with cleaning ladies, tennis lessons etc. My 3 high school age children live the good life with a better standard of living than I would be able to provide.

In terms of support and percentage of college fees, shouldn't her potential earning power and the fact that she has no interest in earning an income come into play? How could it be equitable that I am busting my but to put my kids through school while she is between nail appointments and the tennis pro?

Can and will the court order her to get a job or at least pay say a fair share of college tuition? I do not expect her new spouse to pay for my children's education, but I do expect her to.

Thanks for any insight you can provide. I also have been remarried and have a 2 year old (4th Child)

-- Contributed by: John

John,

Please see an attorney to ask whether you can go to court to have the divorce agreement modified to deal with the issue of you ex not making the payments on time and refusing to refinance the home.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Wish,

If you have evidence that your spouse did not marry you in good faith, then you should contact the U.S. Citizenship and Immigration Services for guidance. Here is the link:

http://www.uscis.gov/portal/site/uscis

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Wish,

If you have evidence that your spouse did not marry you in good faith, then you should contact the U.S. Citizenship and Immigration Services for guidance. Here is the link:

http://www.uscis.gov/portal/site/uscis

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Marie,

I would suggest that you contact a family law lawyer who can arrange for your husband to be put under surveillance to confirm where he is living. You will probably have to go to court to get this matter resolved, but you will need to gather evidence first.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been divorced now for almost a year. My ex got the house that is in both our names. It is not stated in the divorced papers anything about her refinancing it. She refuses to refinance it. She's always late on the payments and it is ruining my credit. I called mortgage company but they are not going to take my name off the loan. I dont think her credit is good enough to refinance. I don't want to sign a quick claim until she has refinanced. Is there anything legally that i can do?

-- Contributed by: john

i think my marriage is a deceived one. how can i stop her to apply green card by using me.

-- Contributed by: wish

James, My husband was married in 1995 and has one child with his first wife. They divorced (she initiated) and he and I met months later and married the next year. We have 3 kids, 2,5 and 7. Our eldest has Autism. My husband left me and filed for divorce after 7 yrs of marriage and went back to his first wife. He lives with her and refuses to see or speak to our kids,has been 6 months since he saw them. He pays his 1st wife $650.00 a month support yet lives with her. He denies that he lives there and hides his truck in a nearby parking lot so it is not in her drive. I think that his support to her should be stopped as they live together. It equals almost $200.00 a month difference for my kids. Is there anything that I can do to try to get the support stopped as he lives there? How can I prove that he lives there? I have pics of his truck in the empty lot, as he purports to live 40 miles from here. I really would appreciate your thoughts on this, thank you.

-- Contributed by: Marie

Janet,

I would suggest that you contact a solicitor to find out what your options would be regarding the business. You have been separated long enough that you can get a divorce if your husband consents to it. If he won't give his consent, then you will need to wait another two years before you can get a divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband is an illegal alien in the U.S. We have been separated for 3 years and have no children together. He has been deported and is not ever allowed back in the U.S. again. I know where he is in Mexico, but there is no way of getting certified mail to him because there are no addresses where he lives. I want to know if I filed for a dissolution (he has agreed to sign the papers)and I travel to Mexico with a notary to have him sign the papers if this is legal. I also want to know what the courts will do when he is unable to appear at the court hearings. I live in Ohio so I don't know if it varies state to state. Along with this I may possibly be able to obtain deportation records to show that he is unable to enter the U.S. therefore making it impossible for him to appear in court.

-- Contributed by: Melissa

i am in buiness with my husband he does not love me anymore and we have been seperated for 3 years. he wont talk to me and i cant go on the way i am and dont want to ruin the business can i become a silent partner and what would that mean to me. i cant go on seeing him everyday

-- Contributed by: Janet Scott

Dear James,

How can a US citizen living abroad file for a divorce against someone in the US?

I have been a Florida resident all of my life and I was married in that state but moved to another country six months ago (permanent relocation). I purchased the Florida Divorce with No Minor Children forms online, making me the Petitioner. My husband (the Respondent) is a Florida resident and we have both filled, signed and notarized the divorce forms. I phoned in the local court in Florida and was told that I could not file the forms because I needed to reside in the State of Florida 6 months prior to filing. My husband is unwilling to be the Petitioner. Is there any way that I can finish the filing process from overseas?

-- Contributed by: Maria

Shelly,

If you have questions about whether your marriage has been registered, please contact the County Clerk/Recorder's Office in the county where you were married.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Jill,

It's always a good idea to consult with a lawyer to find out about your rights and responsibilities, whether you have children or not. Any marital property the two of you have acquired together will be divided according to the laws of your state. Please make an appointment to see a family law attorney, whether your husband thinks you need to see one or not.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I just got served with papers and the ground for divorce is that I committed adultery. Is it normal to have the name of the person that I had an affair with written down on the divorce papers? Is it required by the State of Illinois to have her name on the documents before being presented to the court?

Best regards, Lee

-- Contributed by: Lee

James, My husband of 20 yrs want a divorce. He says since we have no children a lawyer will not be needed. If he has changed the beneficiary of his life insurace policy to his children of a previous marriage, can I request the policy cashed in and divided by the two of us? We live in OK.

-- Contributed by: Jill

hello, i married my husband five years ago on the 31/7/08,we are separated now. we have both been advised by friends and family to seek advice as one of our witnesses signed our marriage certificate incorrectly .we think this was on purpose.does this mean our marriage is invalid?

-- Contributed by: shelly fielding

Anna,

I see from your e-mail address that you are in the UK. You haven't said why your husband wants the money he has already paid returned to him. It may be that you should get a larger share of the equity in the home to offset the value of other assets your husband has. The best advice I can give you is to contact a solicitor to discuss your situation. You may also want to visit this site for more information:

http://www.divorceuk.com/

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Angie,

I don't think there is anything you can do to compel your fiance's ex-wife to discuss her boyfriend with him. Unless your fiance has evidence that the child is being abused and wants to petition the court for a different custody arrangement, if she chooses not to discuss this man, then she is entitled to her privacy.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My Husband left the matrimonial home in October 2007 of his own accord. Since then he has continued to pay half the mortgage & half the household bills. We have always split everything 50/50 although he does earn more money than me. Myself & new partner are buying him out the house & I am going to split the equity with him 50/50. He says that he wants me to pay him all the money back he has contributed to the bills since he left. Is this fair of him? If so can I ask for a bigger cut of the equity as I have been maintaining it for the past 6 months on my own? He also wants to divorce me & me to pay towards half of the costs of this too. I am happy to be divorced from him but if he wants to go ahead should he not pay for it as it is not top of my list at the minute?

-- Contributed by: Anna

my fiance's ex-wife refuses to tell him the last name, age or background of her boyfriend. she's been dating this man for a few years. she allows this man to babysit their 5 yr old daughter alone while she goes to work w/o notifying my fiance first to see if HE can watch the baby. she tells him it is none of his business who she leaves their daughter with. he pays child support. we now find out they have moved in together and she still won't allow my fiance to meet this man or tell him any information about this guy. what can we do?

-- Contributed by: Angie

Christy,

Physically separating from your husband by moving out shouldn't affect the divorce proceedings.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in KS. I haven't hired an attorney. We don't own anything together except personal belongings. I want to know if I can move out now & would it hurt the divorce process.

-- Contributed by: Christy Stuckey

Mildred,

Any assets you acquired during your marriage will divided according to the laws of the state where you live. I would suggest that you consult an attorney to discuss your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Jeffrey,

If you don't have an attorney, please find one right away. He or she can go through the documentation you have received and explain what your responsibilities are.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Sabrina,

LoveToKnow's head office is located in the United States. Unless specified, the information here applies to divorce in the U.S.

-- Contributed by: JCRedmond

I am married for 36 yrs to a 100% dissabled vietnam veteran we have seperated in the last 4yrs twice and now are seperated again. My question is in those 4yrs we have no assets together, therefore what am I entitled to if we divorce.

-- Contributed by: mildred

My ex wife hired an attorney and made some stipulations I don't know about legally. First I am ordered to pay half of her rent even when I was took off the lease. Also I got a car out on a loan in my name but we were married and know she has the car but I am stuck with the payments, who should get the car. Also I am supposed to pay half of her costs for her attorney.

-- Contributed by: Jeffrey Collard

Hi James,

I would really like to know if this site is an Australian site and relating to Australian law. thanking you

Sabrina

-- Contributed by: Sabrina Simmons

James, My wife has left the state with our chidren. The trip was planned and I was aware it was to take a short time that now has turnned into 4 times that amount against my wishes. She tries to assure me that everything is fine, and she is returning almost daily with no action. I fear she may be trying to establish herself in that state so she can leave me and keep the kids from me. Legaly is this possible? Does she have to return by a certain date to keep herself from breaking any laws? Are there any actions I should be taking now to get my family back? Thanks in advance for any advise.

-- Contributed by: Edward

Krista,

You can go ahead and file for divorce; the Court will arrange for your husband to be served with the papers. If he consents to all the terms, he doesn't need to appear for the hearing.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Me and my husband agree on all issues so i was thinking a dissolution would be a better way to go but he moved to Florida and i am worried he wouldnt show up for court. Is his apperence nessicary since we agree on all the issues?

-- Contributed by: Krista

James, My marriage in one big fight. There are daily arguements regardless of the presence or absence of the children. My husband and I share in the verbal antics. My question is, if I decide to leave the home because of the constant fighting, will it make a difference when we finally file for divorce? My husband does not want the divorce but I can't go on like this. Twenty five years later I am finally waking up. I am afraid to file for divorce before some separation time because my husband is going to be very unreasonable about anything a lawyer may tell him he can cause trouble over.

-- Contributed by: Colleen

Courtney,

Although you may not be legally required to have a separate bedroom for your daughter, you may want to consider moving so that she has her own space when she is with you. You want her to feel like she is at "home" during this time.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Do I need to get a 2 bedroom apartment? My daughter is 3 and we share a 1 bedroom when I have her.

-- Contributed by: courtney

Monica,

You may want to contact the Legal Aid office or the law school legal clinics that serve New York State residents for help. Please visit this site to get more information about services that may be available to you:

http://pages.prodigy.net/kipsively/intro.html#toc

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

We live on Long Island, NY. Iâ€™m hoping you could offer any suggestions of contacts you may have that work with woman that have low incomes. I have left my information with the Nassau/Suffolk Law Services Committee but understand they have a waiting list. Iâ€™m anxious because my husband informed me that he has retained a lawyer for a Divorce. I had consulted an attorney but when I asked my husband for the money, he told me that it was not available. Since my income is only $28k per year and I will have to support both our kids, I have no savings or assets that can be sold for a legal defense. Our boys are 20 & 11. The 20 year old works but his income is so low that he would not be able to afford living on his own. My husband insists that I will not be able to keep the house and wants it sold. I told him I wanted it as part of the Divorce Settlement and he should move out. His lawyer advised him not to leave the house. He suggested we go with mediation. Several professionals had advised me that Mediation probably wouldnâ€™t be in my best interest because he contributes 81% of the income and purchased most marital assets for his use. He currently has his paycheck going into a Checking account that only he can access. He transfers money into a different (Joint) Checking acct so that I can pay bills. His lawyer advised him that it was OK to separate the household income and that he has grounds for abandonment. I have not left the house or refused intimacy, my husband is the one that put a stop to it almost 3 years ago because of performance problems. He is diagnosed with several Mental Health disorders (Bi-Polar/Attention Deficit) but stopped all medication and says he is â€œfineâ€. I finally uncovered that he had been spending considerable amounts of money using a personal credit card for gifts given to other woman and restaurant visits. They have worked together at 2 separate companies and she is also married. He also gave money away to woman and men that worked for him without repayment. None, of which was discussed or agreed on by me. There is also a pattern of Credit Cards charges being racked up that we have used the equity in our home to pay off. The situation is extremely unhealthy for all involved and both boys are showing heightened signs of stress as time goes on.

My parents died 20 yrs ago and family that would help are also gone. My income is so low, credit card companies would not offer limit high enough for a retainer. It is a very challenging situation.

I look forward to your response. Regards, Monica Seidl

-- Contributed by: Monica

Nicole,

Once the divorce papers are filed, the Court Clerk's office will arrange for the other person to be served with them personally.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Nicole,

In a situation where two people are separated and one person will not agree to the proposed divorce settlement, the matter needs to be heard by a judge. Your friend should consult a lawyer and arrange to have a date set for hearing.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Cherray,

Where your boyfriend lives is up to him. He may not want to leave the matrimonial home for some reason. If he has concerns about whether moving out will affect the division of marital property, he should talk to his lawyer.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Ami,

If you click on this link, you will see a Georgia child support calculator tool. You can use it to find out what the child support payments should be.

http://www.alllaw.com/calculators/childsupport/georgia/

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have someone I know that his wife already had the papers drawn up for divorce and she signed them but the lawyer never sent it to the guy. Can he get the papers from the lawyer and take them to the courthouse.

-- Contributed by: Nicole

I am just wondering if you have been seperated for over 5 years almost 6 years, is there a way that you can get a divorce even though one of them is refusing to sign the papers. I know someone who is going thru that and his wife won't sign and he wants out the marriage and they havent lived in the same house for that long. What can we do?

-- Contributed by: Nicole

My boyfriend is almost finish with his divorce. He is still living in the house with the wife. Can he move in with me while he still going thru this?

-- Contributed by: Cherray Brown

Will my husband preexisting child support lower if he just had another baby,even though his income is higher? His child support is 1500 dollars a months for two children,based on 76,000 a year salary that he was making.His current salary is 100,000 dollars. We live in Georgia.Thanks.

-- Contributed by: Ami

Lisa,

The Court will always consider what is in the best interests of the child when awarding custody. You haven't said whether your boyfriend was convicted of the charge or whether he has been required to register as a sex offender. If this is the case, he will have to comply with any conditions the Court has imposed, which may include not being around young children.

The fact that you are in a relationship with someone who has a history of violence against children may be grounds for the Court to make a change in the custody arrangement, as in award custody to the other parent. I would suggest that you consult with a lawyer to find out how your boyfriend's record may affect your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am going threw a divorce. I Have a boyfriend that has a rape charge with a minor. Can they tell me that my kids can not be around him?

-- Contributed by: Lisa

Pamela

Under NC law, your marital property will be divided equitably. This doesn't necessarily mean an equal split. If you and your husband are unable to agree on how the house is to be divided, then a judge would need to decide. The judge could order the house be sold or that your name be removed from the title. I would suggest that you consult with an attorney who can give you advice about your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Your ex husband has the legal responsibility to pay support for his son until the son reaches the age of majority. If a child support order is in place and he is not paying, then he is in contempt of court and you will need to see a lawyer to start collection proceedings against him. You can also retain a private agency to collect back child support, but the company will keep a percentage of any money collected as their fee.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I in the process of getting a bed and board divorce in NC. I have bank statements show that my husband visit hotels at least twice a month. Then my daughter saw him at a concert with one of his girlfriends. We just brought a house in July 07. I have told everyday I don't want you here, his woman called the house. I had a domestic volience against him, but it was drop on Mon, 3-24-08, because my lawyer felt that I didn't have a good case. When it come to divide the martial property. The house has very little equity. I want the house sold. Because my husband used me to help him get the house and then tell me to get out. Can the house be sold, or will the house be given to him and my name taken off the deed. What are my rights in NC about the house. Can I ask for the house to be sold. We have very little assets, mostly debts. I am not living in the house now, he is. But I have inherited property that was given to me. So I know he can't touch that. What can I do about the house we just brought.

-- Contributed by: Pamela Reynolds

I am the custodial parent of a joint custody divorce. My Ex lives in AZ- and I live in OK. My 16 year old son is living with his grandparents in Oregon and my EX is refusing to pay child support for him. What are my son's rights in regards to receiving child support from him?

-- Contributed by: Ginger Wallace

Debra,

The ex husband needs to see a lawyer to enforce this provision of the divorce settlement. He may need to bring a motion before a judge to have his ex wife declared in contempt of court.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Erica,

The divorce process is the same whether your husband is an immigrant or a citizen of the U.S. Depending on how long you have been married and his immigration status, the divorce may have an effect on his plans to become a citizen.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Craig,

Under California law, any assets you acquire during the marriage becomes community property. Assets you owned prior to marriage are considered separate property. I would suggest that you consult with a California family law attorney to discuss your situation before you get married. You may want to consider having a prenuptial agreement drafted to protect your assets.

This link will provide you more information about community property vs. separate property.

http://californiadivorce.info/legal.property.communityvsseparateproperty.htm

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Barbara,

Australia and the United States have a reciprocal agreement in place re child support and spousal maintenance. This means that you can get assistance if you have difficulty with either one of these support measures. Please visit this link to learn more:

http://www.acf.hhs.gov/programs/cse/international/

I would also suggest that you consult with a lawyer, who can give you the advice you need for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

What happens now?? This is in the final divorce settlement... The ex husband has the right to claim the children on his taxes unless the ex wife has substantial enough income and only if she gives written notice to the ex husband. Nothing was sent to ex husband in writing and she claimed one of the children on her taxes... what can the ex husband do now?

-- Contributed by: Debra

Dear James, Is there any difference in the divorce process if my husband is an immigrant and I wish to divorce him?

-- Contributed by: Erica

My husband and I were married in Kansas and then I returned back to Australia (he is Australian) with him 10 years ago. We have one child from the marriage and I also have a step daughter. We have separated twice for a period of one year each. However, we both decided recently after the third separation of a year that we want to get divorced.

If I file for a divorce in Kansas and I have custody of both children, will he have to abide by what the Kansas court decides in regard to child support and maintenance in regard to how much he has to pay? He is willing for me to have full custody of our son.

Thanks for our help.

Barbara Cooney

-- Contributed by: Barbara Cooney

I own my property & vehicles with no payments. After I get married, can I sell my house & buy another ONLY in my name, to keep it separate property? Reading your website it looks like yes. As long as I can prove that I owned the property and/or money before the marriage & I am the only one on the deed or title....This is in California/community property/separate property laws apply.

-- Contributed by: Craig

Mark,

To get a divorce, you will need to have your marital settlement agreement approved by the Court. This is to ensure that what you have agreed upon is far and that neither person was threatened or coerced into signing. The details of your property settlement will be included in the do...ent. Please visit this site to get more information:

Cafeteria Health Insurance Plans: Advantages for Employers and Employees

For Employers: Employers benefit from a cafeteria health insurance plan because employee incomes are reduced for income tax purposes, and the employer pays less in payroll taxes as a result. In addition, the employer's FICA taxes (7.65%) are eliminated. Depending on the state where the business is located, the employer may also save on workers' compensation premiums. Employers have the flexibility to offer employees a cash salary or their choice of non-taxable benefits from a list of options.

For Employees: Any money that the employee designates for a cafeteria health insurance plan is not taxed at either federal or state levels. This means that the employee's taxable income goes down and his or her take-home pay increases.

http://www.edivorcepapers.com/pennsylvania-divorce-forms-and-papers.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife and I have agreed that we can divide our property holdings without legal intervention/help. We have also agreed to use a mediator if we get stuck on anything. Knowing that, do I have to disclose that we own property in either the MSA or the Pennsylvania divorce filing?

-- Contributed by: Mark

Lewis,

Hypothetically speaking, not necessarily. If the two people can't agree about how the debts should be divided between them, the Court will divide the marital assets and the debts equitably - this means the Court will determine what is fair, and that may not mean that the debt should be shared equally by both parties. This rule applies in most parts of the U.S.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hypothical question. For arguments sake lets say that a husband runs a very successful business for a time but the market goes south after a while and he ends up in severe debt, lets say 10 million dollars. His wife divorces him for whatever reason. Does he get to split half (5 million) his debt off onto her just like she would get half his assets if he had any?

-- Contributed by: Lewis

Lily,

If you and your husband divorce, your marital assets will be divided according to the laws of the state where you live. Since you are unemployed, your husband may be ordered to pay alimony until you are able to support yourself. Please look in the Yellow Pages and get the number for the nearest Legal Aid office; you may be able to get help from them if you cannot afford a lawyer. U.S. Immigration can grant a waiver which will allow you to stay in the country if you have been abused. Please visit this link to learn more:

http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=4760

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear Sir, I came to the United States because of my husband. We had lived together for a year before we got married. I have been married to him for almost 1 year. I am in an emotionally and mentally abusive marriage. My husband threatens me saying that if file for divorce, he'll sell everything he owns for him not to face alimony. I am not employed. Lately, he became physically abusive. He says that I will never be able to prove it. He says that if I want to live in teh street, I should go ahead and divorce him. I absolutely cannot afford an attorney's services. I can not stay in this marriage any more, it is becoming dangerous and emotionally destructive for me. I am 24 and he is 37. I just want to know what my right are if I divorce him. Of cousre I am planning on gettin a job as soon as possible, but I don't have anyone who could help me out financially. I don't have my family here. I live in TX. I know that you do not specialize in this area, but I just need at least a very general advice. Thank you very much for your time and help.

-- Contributed by: Lily

Satheesan,

You can file for divorce in the state where you are currently living, assuming that you have met the residency requirement. Your divorce will be valid.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi sir, Me and my wife are from India now living in US. We both have our green cards. We got married in India 6 years back(Hindu Marriage) and our marriage has been quite tremulous from the beginning and we are finally calling it quits. Can we get divorced in the US and will that be valid. Our marriage certificate is from India. We have no kids. Your reply and advice on this matter would be highly appreciated

Thanks much, Satheesan

-- Contributed by: Satheesan Kunnummel

Dhukhi,

This article will give you some information about when the court will award alimony in Texas. To get advice about your particular situation, please consult with a divorce attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am married since 2005, and our life had been good. but somewhere feb, 2006, my wife denied to have sexual relationship with me. Since then we had not have any sexual relation. IS there any law can help me to get divorce with out loosing anything that I have earned and gained with in that period. I am from Texas. We bought a house and I don't want to have that. She is mentally and emotionally hurting me. She is always have late night party and comes home 5 in the morning, which is clear that she might be cheating me. We don't sleep together. She had threaten me that If I filed for divorce she will ask for the compensation for the living standard she has after marrying me. And I don't want to give anything to her. No kids though. Please help.

-- Contributed by: Dhukhi

My ex and I have been separated since March, 2007. We were married for 6 years before that. He refused to sign the separation agreements that were drafted, I supplied him with a couple copies, and then just stopped sending them to him because they were never drafted to his liking.

He is now saying is going to ask for half of my retirement benefits. I realize that he is legally entitled to contributions made during the marriage. However, I would like to know if that entitlement ends at the date of separation or at the date of the actual divorce?

Thanks.

-- Contributed by: Jamie

Thanks.

-- Contributed by: Jamie

Ed,

I wouldn't think that the fact that your fiance and her ex shared a living space for the sake of their son would make any difference to her divorce settlement or the custody agreement. My guess is the fact that she wants to remarry may have something to do with her ex wanting to have a different custody arrangement.I would suggest that your fiance consult with a lawyer before she signs anything.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Shanna,

If your niece has filed for divorce and her husband has not responded within a certain period of time, then she can ask the court clerk to note him in default. At that point, the default hearing will be scheduled.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My neice filed for divorce from her husband five months ago. He hired an attorney. Whenever she asks him if he has filed the papers, how things are proceeding, etc. he replies that his attorney has not gotten back to him, has not completed the work, etc.

She feels he is simply "dragging his feet", which concerns her greatly as he is paying no child support currently and not helping her ginancially with their three children at all.

Is there some means of legally forcing him and/or his attorney to "hurry up" and get this moving along?

-- Contributed by: Shanna

Libby,

This article may be helpful: http://divorce.lovetoknow.com/Bankruptcy_before_Divorce

Here is a link to information about Chapter 7 bankruptcy: http://www.bankruptcy-america.com/chapter-7-qualification.htm

A bankruptcy attorney will be able to provide you with the appropriate advice.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Steve,

If your child support arrangement has changed, then I would suggest that you get something in writing (preferably dated at the point at which she told you that she didn't need child support anymore). You haven't said whether there is a child support order in place; I would consult with a lawyer immediately to make sure that your interests are protected. You may have to go to court to have the change to the child support arrangement officially recognized by the court so you are not considered in contempt.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If the man were to remarry and he is paying spousal maintenance will the court consider the new wifes income if an ex should ask for more? does the court change a ruling and continue spousal maintenance for longer than granted at the time of divorce?

Thank you

-- Contributed by: Toni

i am confused to divorce first or bankrupt first.my husband is not interested in bankrupting. during our marriage we did mostly everything separate. we invested in homes. i have 3, he has 4.... all in our own mortgage loans and signed off on ea others titles. i opened my own credit cards, so did he. we have been separated for almost 9 months. my tenants abandonment let me behind on mortgage payments. i "need" to file bankruptcy ch 7. spouse "wants" to pay off his debt and not considering bankruptcy. i have been getting child and alimony since we separated. i am worried because if my creditos go after him after only me filing bankruptcy spouse will not be able to give me what he has been giving me to support our children. what do you suggest?

-- Contributed by: libby

My wife and I have been divorced for 3 yrs. We have 3 children and we both share full joint custody. We both have the children equal amount of time and I am responsible to their getting them back and forth to school 5 days a week. In the orignal divorce I agreed to pay 450 a month in child support. My ex wife now make more than I do. A little over a year ago she said that I did not have to pay support anymore. I have not paid support for over a year. Can she change her mind and come back and try to collect on past support? If so, what do I need to do?

-- Contributed by: steve

Mike,

Whether alimony should be modified if one of the parties remarries should be spelled out in the divorce settlement agreement. If not, then the Court will have to determine whether this constitutes a material change in cir...stances. Here is a link to an article that will provide you with more information:

http://www.divorcenet.com/states/massachusetts/ending_alimony_on_remarriage_a_change_in_cir...stances

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

April,

Before you make the decision to file for divorce, I would suggest that you go for counseling again. If your husband refuses to go, then you go by yourself. If you decide that your marriage has broken down, you can file for divorce. All states allow for no-fault divorce. Your husband has a legal obligation to provide support for his children. Depending on your income, you may be able to collect alimony but you would need to consult a lawyer to find out what the amount, if any, would be in your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Jennifer,

Assuming that the divorce is being sought on the basis that the marriage has broken down, it shouldn't make any difference that you are dating this man. He isn't under any obligation to inform his soon-to-be ex-wife that he is dating anyone. If her knowing of your relationship will make it more difficult to settle the issues between them, then it may be best if you continue to be discreet until the divorce is finalized.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, I live in the state of Texas. I am contemplating divorce after 17 years of marriage. We have two children together. I guess you can call it "irreconcilable differences" as to the reason I am thinking divorce. My husband seems to think he can stay out(drinking with the buddies)at all hours of the night....well I should say morning and it's ok as long as he is not "fooling around" as he puts it. We both work and just purchased a house after going thru bankruptcy and so forth. This situation of him believing that he can do anything he wishes without any regard for me(his wife) is getting pretty old and to me it is a sign of disrespect in a marriage. We've been to counseling and we were getting along great until he started the late nights again. He makes the majority of the money and I pay for insurance for the family. Do I have grounds for divorce? Will I be able to file for alimony and child support? He says I will get nothing and I am nothing without him. Any advice you could give would be helpful. Thanks.

-- Contributed by: April

Dear James, In Massachusetts, is remarriage of the payor grounds for modifying alimony?

-- Contributed by: Mike

I'm dating a man in the military that is currently seperated and has filed the paperwork for his divorce, she will be signing it this weekend, once she signs the paperwork can she findout about our relationship or do we have to wait for the paperwork to be processed by the state?

-- Contributed by: Jennifer

Joan,

You can file for divorce in Michigan if you have been a resident of that state for at least 180 days. Here is a link to a list from the Michigan Yellow Pages online of family law attorneys practicing near Flint.

http://www.magicyellow.com/category/Family_Law_Attorneys/Flint_MI.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I require an uncontested divorce. I am Canadian, so is my ex husband. I primarialy reside in Michigan. We have been seperated for approx 14 years. He said he would sign as long as I was paying. Can papers be filed from Michigan instead of my travelling back to Canada? If so, is this a big expense? I ned to know how to proceed or who to contact in Flint Michigan.

-- Contributed by: Joan Roy

I married my husband and at the time he had 3 children. Now we are thinking of getting divorced. I have raised his childre for the past 7 years and now they are 19, 17 and 15. The children have not seen not heard from their mother who has been astranged from them for the past 3 years and we have no contact information on her. The 15 year old says that if we do get divorced she wants to be placed with me and not stay with her father as he is bi-polar and that is what is leading to our divorce. Is this possible for her to be placed under my care if we get divorced by the court? He mother and other family are in another state.

-- Contributed by: Abby Roth

Melissa,

I am going to forward your question to James about the debt situation, but I can tell you that if your husband was to make the payments under a court order, he is now in contempt. You should consult a lawyer to discuss options for getting him to pay the credit card bills.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James, My ex-spouse was order in our divorce papers to pay 3 credit cards.He was making monthly payments for 3 years. Now he has stop making the payments on the credit cards. The creditors are now after me. What should I do? I have contacted the credit card people and they do not care that it was a court order for him to pay. They want there money. Yes I was stupid, the credit cards are in both are names. I do not use theses credit cards and can prove it. Isn't this a default of a court order? Should I get a lawyer? Please help me. I am a single mom going crazy from all the credit card people calling me. Thank you so much for your time,

           Melissa Kovacs

-- Contributed by: Melissa Kovacs

P Leonard,

You will find the answer to this question posted above under "Matrimonial Home in One Person's Name." The short answer is that your home will probably be considered marital property and subject to division, even though only your name appears on the deed.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married 22 years, i bought a house in my name only, I want to get a divorce, will I have to sell my home, is a spouse entitle to the home?

-- Contributed by: p leonard

Shannon,

You will find the grounds for having a marriage annulled under "Previous Ask a Divorce Lawyer Questions."

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I live in NC. My husband and I got married November 24,2007. Within 2 weeks after being married, he started showing jealousy signs which is interferring with life at home and at work. It is like Dr Jekyll and Mr Hyde since we got married. Is there anyway to have this marriage annulled?

-- Contributed by: Shannon

Tracy,

This link gives you detailed instructions about how to file for divorce and what do...ents you need.

http://64.233.167.104/search?q=cache:l0AOpxGuBC0J:www.icandocs.org/ca/FilingInstructions/DIV1Instructions_0.pdf+divorce+%2B+%22how+to+file%22&hl=en&ct=clnk&cd=2&gl=ca&client=firefox-a

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in Delaware any my husband lives in North Carolina. I have no resources to pay for an expensive divorce and there is no legal help in this state unless domestic violence has been involved. I have lived here for 7 months and I have all the papers I need but what I need to know is in what order do I file the papers, what exact papers I need and how I file them. There are no children involved and no property to split. I appreciate the help!

-- Contributed by: Tracy Plummer

Quay,

If your husband was not legally divorced, then you should not have been able to obtain a marriage license. He should have had to produce a copy of it before getting the marriage license. A divorce judgment is a legal do...ent, and the date cannot be changed. I would suggest that your husband make a formal request for a copy of the divorce judgment from the Clerk's office. If one cannot be produced, then you would need to consult a lawyer to find out how to proceed to get your current marital status established.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My husband signed divorce papers in 2002 in front of a judge that granted the divorce. His ex-wife was the one filing for divorce so her attorney was going to record the papers with the court clerk. The attorney never filed claiming that my husband couldn't be reached for additional signatures. The same lawyer saw my husband several times in court regarding child support and visitation. He was served papers via mail several times regarding the child support and visitation as well. We got married 2 years after the divorce in the same county. Because the final papers weren't recorded with the clerk does that nullify our marriage? How could that County issue us a license if he was still married to someone else? Can the judge back date the judgement so that it doesn't nullify our marriage?

-- Contributed by: Quay

Lynne,

The Court can change a custody order if there has been a substantial change in cir...stances and it is in the best interests of the child. I would suggest that you consult a lawyer who can advise you about your specific situation.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

i have physical custody of my 4 children. my ex threatens to take custody away from me if i allow my boyfriend to parole to me. he has a girlfriend. he admits willingly that i am a good and loving parent that would put my childrens needs first. can he take my kids based solely on the fact that my boyfriend is an ex felon residing w/me?

-- Contributed by: lynne mcdowell

John,

All states have provisions for no fault divorce, which means that you don't need her consent to legally end your marriage. Please visit this link to learn more:

http://www.divorcelawinfo.com/Pages/grounds.html

Then contact an attorney to file for divorce.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Rose,

If your father-in-law's wife has passed away, he is a widower and is free to marry again.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My wife and i have been seperated for 2 years, i want to file but she states that she will not divorce me, but i now want to purchase a condo and want to know would she be entitled to any of that once we do get a divorce. At this time we have no joint property together and she has never requested any support during this time of our seperation. Need some advise i am ready to move forward with my life, any advise would be greatly apprecitated. thank you

-- Contributed by: John Beale

Kari,

If you are going to file for divorce in Canada, then you would be better off having a Canadian divorce lawyer.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Hi James. My husband and I were married in the US. We currently reside in Canada. Would it be more advantageous for me to have a US lawyer or CDN.

Many thanks!

-- Contributed by: Kari

George,

The fact that you have been caring for your daughter since your wife left you will be taken into consideration by the judge. I would refer you to James' interview on the subject of custody to get more information. Here is the link:

http://divorce.lovetoknow.com/Custody:_Interview_with_James_M._Quigley

Please retain an attorney to represent at the custody hearing.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Steve,

I would suggest that you consult with a lawyer who can review the specific language of the agreement and give you advice about your options. The problem with using "regular and customary" expenses in the terms of the agreement is that it is rather vague. What one person considers "regular and customary," another one may find totally out of line.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My wife left the country to live with another man, now she wants to come back and get our 9 year old daughter to live her in Australia.

-- Contributed by: george hamilton

I divorced about 2 years ago. In the agreement, she kept the pets and I agreed to share in 50% of their expenses. She spends $300 per month just on food (people food she cooks for them). Am I responsible to pay all expenses, even though I consider them extravagent? Can I argue to pay "regular and customary expenses" can an Attorney clarify my responsibilities?

-- Contributed by: Steve Klein

Josie,

When a judge rules on custody matters, the best interests of the child are taken into consideration. Please visit this link to get more information:

http://divorce.lovetoknow.com/Custody:_Interview_with_James_M._Quigley

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My spouse has the kids during the separation.. Am I going to be able to get my kids from him when we go through the divorce?

-- Contributed by: Josie

My ex-wife and I divorced in California and she has since moved to Texas with our children. How can I get the child support amount changed to that of the Texas level?

-- Contributed by: andrew dickson

Andrea,

You would have to file for divorce in the United States; there is no divorce in the Philippines. Once your U.S. divorce is final, you would be free to remarry in the Philippines. You could leave him and return to the Philippines without divorce and wait for him to start divorce proceedings, but there is no guarantee that he would do so.

Please consult with a divorce attorney to discuss your options before you take any action.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

dear james, i was married to a us citizen in civil rights here in il. i have not filed for adjustment of status and my tourist visa is expiring soon. he is abusive towards me and i want to go home to the philippines and just file for divorce from there so that i can be free to remarry. will that be possible? what are my options?

-- Contributed by: andrea

James, I am up to the "finalize" hearing of my divorce. My wife filed a motion for me to file taxes for the previous year "jointly" with her. She stands to gain my exemptions and I will lose a refund. We were separated for almost 7 months last year and I would like to file as "head of household" to get education credits for tuition and fees. My questions are: Will the judge rule on this as a property issue? Or will he rule on it at all? Or should I just file my taxes before my hearing and tell my wife that it's too late?

-- Contributed by: Bob

My divorce was granted on year 2005, can I consider this final if other issues like child support,custody,visitation and division of property was not part of the judgement? Judge granted my status only from married to single.

-- Contributed by: Ramelito Erana

Melissa,

Here is James' response to the question about how to file for divorce if you don't have an address for your spouse:

"If an individual spouse has disappeared, they may still file for divorce just as any individual would file for divorce. However, since the individualâ€™s location is not known, service can be accomplished by publication. In Illinois, the daily Law Bulletin is a legal publication which prints legal notices, such as the service of a Petition for Dissolution of Marriage. After a statutory time, assuming the individual who has disappeared does not reappear and avail himself of the Court in the pending proceeding, then the petitioning party may proceed to request a default Judgment. Under the context of a default judgment, the Court can only award a dissolution of marriage, but cannot enter a Judgment regarding any property or custody matters."

The LTK article on Cheap Divorce Lawyers contains some suggestions for keeping your legal costs down. Here is the link: http://divorce.lovetoknow.com/Cheap_Divorce_Lawyer

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Rebecca,

I will answer part of your question right away: If you are unable to support yourself, then your husband may be required to pay alimony until you are able to find work. That decision will be up to a judge as far as the amount of the payments and the length of time you will be receiving them.

I will send your question about division of property to James and ask him to address it.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Jorn,

The fact that you and your wife are getting a divorce may mean that you will have to wait a bit longer to get full citizenship. The LTK Divorce article on Green Card Divorce will provide you with some more information. If you still have questions about your status, please contact an immigration lawyer to get accurate information. Here is the link to the article:

http://divorce.lovetoknow.com/Green_Card_Divorce

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and i have been married for 5 years, I have always worked and contributed to the income in opur house. Just recently I lost my job, I have been searching and applying everywhere and for less income than what I was making. I have been turned down numerous times, my husband and I do not get along and we have decided that when i get a job that we will divorce. Well here lately he has been threatening to put me on the streets along with my 7 year old son. We have a property together, it is the one we reside in. What are my legal rights? If we separate now and I have no job will he have to pay alimony to me? I know that the property will have to be sold and all debts will be paid prior to any party getting any profits, thats correct?

-- Contributed by: Rebecca

hello, my question is.. im about to get a divorce from my wife, she is telling me i will loose my green card if we get divorced, is that true?? i got my green card 08/03 2006, it expires 08/03 2008. will i be able to get a new one or do i have to leave the us? i have a new sponsor who is willing to sponsor me.(and yes i have a job here, i make 48000$ a year) thanks

-- Contributed by: jorn

Dear James, I am in need of a divorce but the problem is I lived in tenn and have been here for 2 years the last address i know for him is in ill. I have had no contact with him almost imediately after the marriage we seperated right away. Our marriage was in 2002. What can i do to get this done cheaply. I dont know where to file or how to get this over and done with. any help is greatly apprecented thankyou melissa

-- Contributed by: melissa

Alex,

James is only able to answer questions of a general nature. For some more information about prenuptial agreements, please check out the Interview with Helene Taylor in this topic. Here is the link: http://divorce.lovetoknow.com/Prenuptial_Agreements:_Interview_with_Helene_Taylor

I don't know what the terms of your prenuptial agreement are, but assuming that it was written in accordance with the laws of your state, it will likely be upheld in Court. Please consult an attorney to discuss whether you should consider making any additional payments to your spouse other than what was set out in the prenuptial agreement.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James: I have been seperated for a year and a half and was married with a pre-nup agreement. We had no children in the marriage. My spouse has informed me that she wants $110K to sign the divorce papers. She eludes to a agreement that never existed which is why she wants the $110K. Can you tell me what my next step would be at this point? Thanking you in advance.

Alex

-- Contributed by: Alex Davis

Julie,

In his interview on the subject of custody, James listed the criteria the Court (in Illinois) will consider when determining who the children should live with. Here is the link: http://divorce.lovetoknow.com/Custody:_Interview_with_James_M._Quigley

This link provides information about how the Court may interpret the facts in a case where one parent has become involved with someone else: http://family-law.freeadvice.com/child_custody/extramarital_affair_imapact_custody.htm

The best person to provide you with advice for your situation would be your own attorney.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been seperated for over a year and have not come up with a MSA yet, we have 2 children and have agreed on joint physical custody. I am recently pregnant with my boyfriends child...can this be used against me in a divorce settlement in any way, shape, or form? Is there any way I would loose custody of my children is basically what I am asking. Thank you.

-- Contributed by: julie

Shycole,

I would need more information to answer your question properly. Are you and your spouse separated? Has he been ordered to pay support?

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I was wondering what type of options of actions should be taken for a spouse that has abandoned his home financial respondsibilties for the last 4 months?

Thanks

-- Contributed by: Shycole Mays

Tess,

Your friend should see a lawyer immediately. The fact that she believed her marriage was legally over can be used as a defense in some jurisdictions. Penalties vary, depending on the state. For more information about bigamy, please visit http://fightbigamy.typepad.com/my_weblog/bigamy_laws_states_rw/index.html

From what I have found, a divorce decree is not required to get a marriage license. On the form, the applicant must indicate whether they have been married before and where and when the divorce was granted.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my question is about a friend in need of help. by law if you are married a second time without know you where not divorce the first marriage would the second marriage be void out without jail time? the marriage to place in two states in the usa. next one is if you did try to get married the second time in a different state and you told them you where married in another state would you have to so proof of divorce in order to marry the second time? the lady in the military and she has two days from know to show proof of divorce, she hasnt spoken to her first husband till her first told her about it today in 6 months. she was in the army when she married both times. she took he word that the divorce was final and got married again. how can we keep her out of jail or by her somemore time?

-- Contributed by: tess hamler

Juani,

Since your marriage lasted only a very short time and you don't have any property to divide or children, you may want to apply to have it annuled instead of filing for divorce. Here is a link to annulment forms by state:

http://www.legalforms-usa.com/shopsite_sc/store/html/ANNULMENT-FORMS.html#annulmentchart

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

i was married in september 2006 when i was 19. my husband was 18 and we are still married today. i have been reading up on divorce procedures but i have come across only cases that have to do with property, children, and alimony. my husband and i don't even live together. we seperated shortly after the marriage. we wish to just dissolve the marriage without any property or children or alimony involved. can we do this without the help of lawyers since we just want a legal seperation and none of the above? thanks

-- Contributed by: juani

We have a custody case in Nevada, but my ex moved to Arkansas. We are agreeing that the kids will move to Arkansas to live with their dad. If we sign a stipulation that becomes an order in Nevada and my ex then moves the case to Arkansas, will the Arkansas court leave the custody and child support amounts intact or will they change under Arkansas law?

-- Contributed by: Sarah Hardy

Question: My wife is mentally unstable off her meds, she is in and out of the hospitals and state hospital. she doesnt call or even know if i am still around. we just had a baby girl which her parents have temp custody, i was not even given the chance to get her, she made false statements to everyone off her meds. so would the courts and state of ohio grant me an annulment in this case.?

-- Contributed by: Kevin Dougherty

Hi Jessica,

It is possible to get a no-fault divorce on the grounds that the marriage has broken down in all 50 states. In that case, neither party has to prove grounds for divorce. The rules for when to file for divorce vary from state to state, and I would suggest that you get professional legal advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been living apart since early May. WOuld that count as being separated for enough time to file for a divorce? Also, I am currently pregnant and he is not that father. Would that count against me and be grounds for adultery on my part, even though we've been separated for son lobg?

-- Contributed by: Jessica

Hi Michelle,

If you don't know where your spouse is living, you can still get a divorce. Your lawyer will help you to arrange for service by publication. This means that a notice will be placed in the newspaper for a certain period of time after you file for divorce. If your spouse doesn't respond (which is very likely), they will be noted in default and the divorce action will proceed without any input from them. Your divorce decree will be issued in due course.

I haven't been able to find a reference to a national divorce registry. I have submitted this question to James for clarification.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

How do you go about getting divorced if you do not know where the spouse is at? Or how can you go about finding out if they have already filed for divorce in another state?

-- Contributed by: Michelle

Hi Dilta,

James did address the issue of adultery in a previous question. Here is his response:

"...I believe that the black letter definition of adultery requires a showing of voluntary sexual intercourse with an individual other than your spouse..."

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

how can i prove adulttry.

-- Contributed by: dilta

Hi Michael,

When you sign the Waiver of Service, you are indicating that you have accepted the divorce papers and saved your spouse the trouble of having the Sheriff's Office or a process server deliver the documents personally. The Waiver is to be filed with the District Court. If you are planning on retaining an attorney to represent you, please contact one right away. You or your attorney need to serve your response on your spouse's attorney and then file it with the Court. If you do not respond promptly, you may be noted in default and the divorce will proceed without your having any input into the proceedings.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Nicole,

Please contact a lawyer in your area to ask about having the order to pay child support enforced. It may be possible to seize his bank account or other property he owns to pay the outstanding amount. Another option is to contact a private child support collection agency for assistance. An example of a private agency is http://www.childsupportrecovery.com

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

James,

I have been "served" for my divorce from my spouse, and have received copies of the petition and statements, and have numerous corrections/responses to those do...ents. Do I need to file those responses with my Waiver of Service, or do I file those within ## number of days of submitting my Waiver? Also, Do I file those responses with my spouse's attorney, or do I submit them directly to the court? Thanks.

-- Contributed by: Michael

My ex-husband has a wage garnishment for child support. He is currently living off trust fund money after the deaths of his parents. Instead of working and having his wages garnished to pay his child support he choses to not work. Can I go after his trust fund money he is living off of?

-- Contributed by: Nicole

Dear James, I want to know if a divorce decree from Utah becomes final upon the judge signature and its entry in the Registry of Judgments. IÂ´m having trouble with a translation because the legal system is different in my country and I need to know what is needed to get a final decree of divorce. Thank you.

-- Contributed by: Cecilia

Hi Jaspreet,

The grounds for divorce would be the same, no matter what your friend's age when he entered into it. He should contact an attorney who can advise him of his rights and responsibilities in the divorce action.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear Sir, I want to take suggestion from you related small age marriage divorce. My friend had his marriage at the age of 17 year but now he want divorce from her. I want to ask from you that is there is required divorce marriage of small age.

-- Contributed by: jaspreet

I am currently having problems in my marriage. When I got married my chilren were 9 and 7. I have been married for almost 7 years. My husband is claiming that he can get custody of my children if they want to go with him. He is not the biological father of the children. I would just like to know if what he is saying is true. Has he heard this from a lawyer or is someone telling him this? Under what cir...stances would this be true. Cheryl Drewyor

-- Contributed by: Cheryl Drewyor

Hi Tired and Confused,

Unfortunately, James is only able to answer questions of a general nature. I understand that you have very limited funds. Please contact your local Legal Aid office for assistance in getting the child support order varied.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Dear James,

My ex wife and I live in Ohio and we have been divorced since late 2002. We decided in the divorce hearing that it would be more of a benefit for her to insure our son and claim him on her taxes. At the time the judge agreed. For some reason it states in our divorce degree that we BOTH must insure him. Now this wouldn't be that big of a deal to me but the problem is I have a former child from a marriage prior to the one in question that I am paying support on as well. With both support orders as well as the court ordered insurance all comming out of my weekly paycheck this has taken my income to 115.00 a week for working 8-10 hours a day 6 days a week. What can I do about this to try and make it right. As you can see getting an legal help on 115.00 a week while paying bills is not really an option.

-- Contributed by: Tired and Confused

James,

I have been married for 2 years but have lived with my spouse for 3 years prior to marriage. We bought houses together and renovated them. I paid 1/2 of the mortgage every month and decorating fees. My husband is saying that now that I am asking for a divorce that I am not entitled to any of the equity on those homes since my name was not on the deed. Is this the truth?...I worked really hard on these homes and wanted to know my rights.

-- Contributed by: Laura

James,

-- Contributed by: Laura

Hi Donna,

If a court order is in place that your former husband is entitled to a certain amount of alimony per month, then you are responsible for paying that amount. If you are unemployed, then you can ask the court to change the level of spousal support that you are required to pay, but until a court order has been handed down chaning the amount payable, you need to keep on paying the original amount ordered.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am going through a divorce. I was the sole worker (my husband did not work) and I was recently let go from my job. We have agreed that he gets 1/2 of my severance checks. However, does he get 1/2 of my unmeployment - about $6000 for another 21 weeks, too?

-- Contributed by: Donna

Hi Melanie,

Your question has been forwarded to James. I will post his response as soon as I receive it.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been trying to get divorced for 3yrs fired 2 lawyers and already spent $30,000 i finally got the house sold now trying to seperate proptery like 401k but his employer is hiding records also i received alamoney and tried to garnish his wages but employer refused to do so. also we have a business we are sole propritorship but now my ex say there is a silent partner and he is owed $40,000 by the way silent partner is his best friend.he wont give me any of my pictures or keepsakes back he says i have them i am running out of money fighting his lies and tricks i offered him a deal of a lifetime but he refused this just wont end. he is trying to run me out of money and my mind i dont know how much a trial would cost thought you might be able to tell me and that you might have a plan that would wrap this divorce up somehow i would like to talk to the judge in his chambers dose this happen so i could tell him whats happing to me thank you angie

-- Contributed by: angie nelson

Comments

Dear James,

My sister is currently stationed in Iraq and wants to divorce her husband, but she is afraid that he might empty the bank account and move away with the children without telling her where they are. He has already been telling the children that if their mom leaves him then he would be 'going on a very long vacation' so there is definitely concern that he might try to flee with the children or continue to fill their heads with negative comments about their mother. Is there anything my sister can do to prevent her husband from taking the children while she's in Iraq serving our country?

I am posting this again because I have recently found out that my brother in law has been telling people he plans to move to CA or TX with the kids during their winter break from school. I'm afraid that no one is going to know where he goes...he will not leave the kids' side for anyone to talk to them...he has to know everything that is being said to them and he has also told them that they are 'not allowed' to talk about it. Please...is there any advice on what we can do?

-- Contributed by: Melanie

Dear James,

-- Contributed by: Melanie

James,

If my wife and are divorced, but have been separated for two years as it is stated in our divorce decree, will I still have to give her half of my military retirement. During the course of our marriage, she owned a daycare business and did make more money than me. Since we have divorced though I have still being paying for the house (because of bancrupcy) and I have been paying child support faithful. Because of this, what is she really entitled to from me now and how can I get my name off of the house note after the bancrupacy is ended?

-- Contributed by: Diallo Shorter

Dear James, In re: the morality clause in a divorce decree- my lawyer told me it was struck down as illegal, as it is considered a conflict between church and state. Is this your knowledge as well? The ex-wife is moving in with a boyfriend, no marriage in site, along with my three-year-old child, of whom we share joint custody. Do I have any recourse?

-- Contributed by: Dad

Hi Ahmad,

That certainly is an interesting question! Here's my take on it: In 1968, Canada's divorce laws were changed with the passing of the Divorce Act. Before that point, there was no federal law in Canada concerning divorce. In provinces where divorce was available, judges relied on an English statute, the Matrimonial Causes Act (1857). Before the Divorce Act came into force, a wife who had been found guilty of committing adultery was not entitled to any form of spousal support.

Under the Divorce Act, the breakdown of the marriage was considered grounds for divorce, along with adultery, cruelty, and desertion. This would account for the spike in divorce in the 1970's - it was easier to get one. As far as bankruptcy is concerned, it could be due to economic factors; the Canadian economy was in a recession in the late '70s and early '80s.

I hope that helps.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

History Quiz: Why was there a simoultaneous spike in Divorce and Bankruptcy in Canada during the 70s? I can't find the answer, but some say due to economy... I'd love to know...

-- Contributed by: Ahmad Husseini

My Question's is if my husband moves out of the house while we are going through a divorce. Is that consider neglect and can I use that against him. We have two kids and I do not work although I still have access to accounts and everything. He is in the military also.

-- Contributed by: jasmine

Hi Tammy,

The amount of child support payments continues to add up while you ex is in jail. Unless he owns property or has a bank account, it will be difficult to get these moneys until he is released. If he is receiving income from a work-release program, it may be possible to collect child support payments from that source. Contact the correctional facility where he is being held to see if there are provisions in place for inmates to support their children. The Bureau of Prisons website has contact information for correctional facilities in the U.S. Visit http://www.bop.gov/ to search by name of inmate or facility.

I hope that helped somewhat.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Evelyn,

The date your alimony will be terminated will depend upon the agreement you entered into with your former husband. Unless it specifically states that your support will be stopped when you become engaged, he is still required to make payments. Consult a lawyer to find out your options for collecting the alimony he owes you.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi JC, In May 2001 I was awarded 341 a month in child support through my divorce. This was the understanding that the father would see the kids so many days and that I pay the health care. He has not seen my children nor paid a penny of child support. Currently however, he is in jail to be released in April 2008. I am not sure how I go about getting the child support enforced or if I need to wait till he is out. He is planning on being parolled to Florida currently. Can you please give me a little help?

-- Contributed by: Tammy

after 20 yrs of marriage i found out my husband was having an affair ,he choose to leave the marriage,i in the mean time have moved on and have become engaged,i have recieved no money from my ex, as he says because im engaged he no longer has to pay alimoney.

-- Contributed by: evelyn

Hi Susana,

Since you and your husband are talking about a divorce, you need to gather as much information as possible about family finances. I wouldn't suggest that you withhold the checks from him, since they are in his name. You can, make photocopies of them to prove that he has another source of income. Keep any records of the date that your husband made the withdrawal from your savings account and the fact that he took his name off the acount.You may need to prove these facts later on.

I would suggest that you retain a lawyer and turn your financial records over to them for safekeeping. You will also need to get legal advice specific to your own situation, whether you and your husband decide to divorce or not.

Take care.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Antonio,

Both South Carolina and Pennsylvania recognize common-law marriage. The procedures for getting a common-law divorce are the same as if your parents had been legally married. Your mother should get legal advice for her specific situation from a family law attorney, who can give her information about her rights and responsibilites in this matter.

Good Luck.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my husband and I are talking about getting divorce, my husband gave some checks that he got from a second job that he does, when he gets upset about getting divorce he asks me to give the checks back to him, and accused me of stealing his checks...I did not deposit any of his checks but I want to know if it's against the law to keep these checks until divorce is set or I have to give it to him?. Also he went to the saving account and got half of the money that we saved and signed a paper to remove his name out of the account, leaving only my name, could he then later try to get half of the money of that account??. Please let me know. Thanks.

-- Contributed by: susana la casa

My father has sent my mom divorce papers to end their common law marriage after 35 years. Actually he was only there for the first four but, he never would agree to the divorce until now. I would like to know if their is anything that she should be worried about beforehand. Entitlements, penalties etc. She still lives in SC. but he now lives in Pennsylvania. How do the two states look at this situation?

-- Contributed by: Antonio

Hi Tim,

Receiving a large inheritance may be considered a change in your former wife's cir...stance. It is one of the grounds under which you can petition the Court to change the amount of maintenance you are paying. Contact a family law attorney who can give you specific advice about your situation and help you make your application. In the meantime, you are required to continue making payments as ordered.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I HAVE BEEN PAYING $5000 A MONTH maintenance for about 10 years (WI). My children have been on their own for a few yrs. I an 50 my ex is 49. Both of her parents are deceased now and she is about to inherit close to one mil of her fathers estate. She has four siblings who get the same. In addition they are sitting on his $800,000 lake home for the housing market to take an up swing. Can I petition the court to remove my maintenance as due to her inheritance she no longer needs my support?

-- Contributed by: Tim

Hi Tischia,

Moving to another state does not absolve your husband from his financial obligation toward his former wife. If he does not keep up with his payments, she can take steps to enforce the court order and have his wages garnished.

JC Redmond LoveToKnow Editor, Divorce

-- Contributed by: JCRedmond

Dear James, My husband and i were married for almost 5 years already. We got married 6 months after his divorce. My husband and his ex were married for 23 years before his ex wife divorced him. They divorced here in Florida. My husband is paying her $500 as alimony plus the money from retirement. Now my husband ex bring him to court for an additional monies. If we move in LV would it be possible for his ex to garnish payment out from his wages, eventhough, say, we move already to LV? Please enlighten us.

-- Contributed by: tischia

My husband is in the military and stationed in Iraq. Last week I received notification that my Tri-Care benefits were no longer active. I called to find out the only reasons would be if he were dead or we were divorced. Since we're not divorced, I assumed he had been killed and I hadn't yet been notified. I called his duty station, found out his unit had been back 3 weeks and according to their paperwork, I was indeed divorced and he has already remarried! They stated he filed by saying he didn't know how to get in touch with me although he knows my phone number, email address (and we corresponded while he was in Iraq), he knows my parents email, phone and physical address. Now the military won't assist me at all since "they are no longer responsible for my well being." I have no paperwork that says I'm divorced, I don't know when the date was, my monthly allotment checks have stopped, I'm in school full time and work full time. He's a Gunnery Sgt stationed in North Carolina. One Major told me I was welcome to go down to the NC county court house and look up the paperwork if I wanted to know the details. I have NO idea what to do. Any suggestions would be greatly appreciated. Thank you ...

-- Contributed by: Sarah Richards

Hi Jennifer,

I don't know where you live in Michigan, but if you live near a university, there may be a legal clinic available there. Law students represent people seeking a divorce under the supervision of an attorney. This is the most cost-effective way of getting representation. You could also contant your local Legal Aid office to see if you qualify for assistance. The State Bar Association can provide you with a referral as well. Call (800) 968-0738 and explain your situation. You will given the name of an attorney. When you contact the attorney's office, be sure to tell them that the State Bar Association referred you. You can get a 30-minute consultation for $20.You can then decide whether or not to retain that attorney and discuss fees going forward.

As far as your husband's status is concerned, he will have to deal with whatever consequences there are from the divorce. If you divorce him before he gets a green card, he will not be able to get permanent residence status.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I married a man from a different country when I was 18, and he came to the US on a one year visa. Then he soon became scary and abusive, and I think he married me just for the papers, cause right after we got married he changed. We were married for about 3 months, and now have been apart for 4 months. I need a divorce, and a cheap one, and I don't know what to do or how to do it. He's trying to avoid it, and trying to get me back. will he have to leave the country after we divorce? where do I go to get these papers or whatever I need? I'm in Michigan. please help me.

-- Contributed by: Jennifer

Does the non-costodial parent need the childrens social security numbers to file for divorce or visitation.

-- Contributed by: crystal

Hi Jake,

The penalties for perjury vary from state to state. It is not common for a person to be charged with perjury for evidence given in a civil action. In order to get a conviction for perjury, it must be proved that the person lied about a material fact of the case. In the case of a civil trial, the person could say they were mistaken or their memory about the incidents they testified to was faulty.

To get advice about your specific situation, do consult with an experienced attorney.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

if my wife commits perjury in divorce court will she go to jail

-- Contributed by: jake

Hi James, I suspect my husband is paying his ex about $500 more every month than what the judge awarded. They have no minor children. This has been going on for about 8 years. (guilt) My question is... in the event of divorce will I get any of that money back in assets?

-- Contributed by: Alabama

Kristi,

If you and your husband are not able to agree on issues surrounding child support, maintenance, and marital property, you have the option of having these matters decided by a judge. You will find child support calculators at this website: http://www.alllaw.com/calculators/childsupport/

Please contact a family law attorney to get legal advice for your specific situation. Even if you and your husband are able to work out an agreement, it's a good idea to have a lawyer go over the documentation before you sign it.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My Husband wants a dissolution. From what I understand, we have to agree on EVERTHING for the process to work. I have no idea how much to ask for for child support, spousal support, etc. Is there some formula to use against how much brings home weekly or annualy? I stayed home to raise the children so I don't have any income coming in. Thanks for your help.

-- Contributed by: Kristi

Sydney,

To get a divorce in the Dominican Republic, you must be represented by an attorney. The attorney will need an affidavit signed by the other spouse consenting to a divorce. The attorney will prepare documents on your behalf and submit them to the Court. A hearing will be scheduled (either the same day or the next busines day). The person seeking a divorce and his or her attorney must attend the hearing, which takes approximately 5-10 minutes.

Once you have obtained a divorce, you will need to have the divorce ruling certified by the Dominican Republic's Office of the Attorney General and the Foreign Relations Ministry. The Embassy or Consultate of the country in which you want to have the divorce recognized must also certify the document as valid. Make sure the fee you are paying to the attorney in the Dominican Republic covers all of these services (including an official translation).

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hello, I cant find any divorce forms for filing in the Dominican Republic. I would like to file myself, but everything I see on the internet leads me to a law firm. Can you tell me how I can find the documents to fill out? I don't have much money. Thank you.

-- Contributed by: sydney

Hi Gina,

My understanding is that your brother should file for divorce in Texas, since that is where he is residing. The Court may grant permission for the other person to be served divorce papers by means of publication in a newspaper. A family law attorney will be able to provide advice in his particular situation.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My brother is incarcerated in a prison in Texas, his wife resides in Las Vegas. Does he file in Texas or Nevada to get a divorce? If they can't locate her will the divorce go through? I am trying to help him obtain his divorce since she is no longer interested in him nor he her. Any expertise in this matter would be greatly appreciated. Sincerely, Gina Pitrello ginapitrello@gmail.com

-- Contributed by: Gina Pitrello

Tonya,

If a judge is asked to make a ruling on the question of alimony, he or she will consider the spouse's ability to support him or herself, the need for financial support, and whether there is a large discrepancy between the earning capacity for both parties. Please consult a divorce lawyer to get advice for this specific situation.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

When a man and a woman are only married for 8 months and the man decides to end the marriage, is he responsibe for paying alimony when the wife has her own business and no joint bills?

-- Contributed by: tonya

Hi Mary Richard,

Military divorces have different rules than those for civilians. Your son can file for divorce where he is stationed, where he is planning on living once discharged, or in the state where his spouse lives.

The best course of action is to find a military divorce lawyer who can give him advice about his specific situation.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Tim,

Both parents are have a legal obligation to contribute to the support of their children. Your friend will be required to pay child support if she gives up custody of her child to the extent of her ability to pay.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I was married two months ago to a american citizen, I dont love him and want a divorce. Can I remarry the man I love

-- Contributed by: Trent H Bennett

I LIVE IN TENNEESEE WHERE ASSENTS ARE 50/50. IN OUR 27YEARS OF MARRIAGE I RECIEVED A INHERINANTS FROM MY PARENTS WHEN THEY PASSED AWAY. HOW MUCH OF THAT WILL I RECIEVE?

-- Contributed by: Pollywog

Dear James, My husband has vanished.He has been cheating me. Married for two years.Dont know how to get divorce.Second marriage.Two independent children of him & me.Please advise. Thanks.

-- Contributed by: jane lopez

Dear James, My husband has vanished.He has been cheating me. Married for two years.Dont know how to get divorce.Second marriage.Two independent children of him & me.Please advise. Thanks.

-- Contributed by: jane lopez

what do i do if my husband is bent on being as cold as possible and keeps secrets?

-- Contributed by: karen

Dear James,

I have been married for 23 years. For the last 1 1/2 my wife has been in a relationship with another guy. I don't if there's been sex involved but she has admitted a strong emotional attachment.

I would like to know if it matters in a divorce proceeding if she has had this type of relationship and what kind of evidence I would need to prove it. I have numerous emails, pictures, letters, journal entries etc. of hers, plus she has admitted it to a number of friends.

Second, sometime in the near to mid-future I stand to inherit a large sum of money. If we divorce before I inherit is she entitled to any of it?

Thanks,

Bob

-- Contributed by: BobJ

we have been married for two years (3-05), we have been living together since july 2002 in the state of ohio. we have had comingled fund in joint accounts since jan 2003. since we were not married my wife bought a house , mortgage in her name in march 2003. we have made payments jointly since then. i have even helped pay the semi annual taxes. when we were married we did not get the mortgage not the deed rcorded in joint name. we are now contemplating divorce and i need to know if i am entitled to half of the equity in the home? we live in ohio

-- Contributed by: tom

how can i find out which state i need to file in

-- Contributed by: Jamie

 My alien wife began fighting with me immediatly after we got married. She has been diagnosed as severely depressed but refuses to go back for therapy or take any medication. she becomes violent and has threatened to kill me more than once. I've wanted to divorce her from the first week we were married, but she threatens to bankrupt me unless she gets a huge amount of money and her green card. I'm sure she is stalling for time and money. An immigration attorney advised me to leave her in the rental apartment, then file for divorce, but I'm still stuck supporting her for years. what can I do?  Do I lie to immigration and say we will continue to stay together?  I need help. Soon. thanks

-- Contributed by: kevin gerien

I've been divorced 18 years. I have to pay permanent alimony unless my former wife remarries. It is very likely that she remarried while on an overseas trip to many European countries about 14 years ago. I have tried, but cannot figure out a way to find a marriage record - especially not knowing the country. Property records and other public records in the names of both her and her live-in show them as not married. I think they are careful to never repor the marriage here in the US so that I have to continue to pay the alimony. How can I find out of an overseas marraige?

-- Contributed by: Bill

I want to help a friend who is afraid of coming forward. She is married(9mo.)and wants a divorce. To complicate they are having a child next month that she does not want and is willing to give the husband custody. They have been in business together and have about $50,000 in debts due to the real estate market. She owns the company and he sells. She wants completely out of everything. Will she owe child support? Where do you begin to correct this puzzle? They live inColorado.

-- Contributed by: Tim

If I was only married for a little over 2 yrs. And we have been seperated for a little over 2 and a half yrs could she get me for alimony? I caught her cheating on me with my own eyes. I dont have photos or any proof but my brain what do you think?

-- Contributed by: Heath

My son is in the army in Iraq. He is stationed out of Fort Knox, Kentucky. He is from Texas. He will come home in November and then transfer to Fort Carson in Colorado. He is married and has one son for sure. There is another child and he thinks he probably is not his. His wife is not faithful. He wants to file for divorce when he returns in November. In Texas his wife would not get alimony. I am not sure if he should file in Colorado, or Kentucky for divorce to avoid having to pay alimony. He knows he will have to pay child support and has no problem with that. He is not sure if it will be on one child or two. depending on if the baby is his or not. Since his home of record is Texas is he allowed to file in Texas? Your input would be greatly appreciated. I told him I would try to find the answers to these questions for him.

-- Contributed by: Mary Richard

Dear James, I was married for 7 yrs when husband walked out. We are both 37. Said it was time to do what he wanted "for a change." Left me with a 10 WEEK old, 4 yr old and 6 year old, who has Autism. I begged him to stay for the kids...he laughed at me.

The Autism services are through the roof and not all are covered by Insurance. Hubby has 1 child from prior marriage, who is 12. He says he has to pay only 32% of income after deductions. Is the Autism a mitigating factor? Can I ask for more in terms of respite care, OT, Speech, Social Skills programs, etc? Ex is riding around on a 2007 Custom bike and I am left trying to scotch tape my family back together.

I am in the Peoria,Il. area. I have to find a lawyer soon and do not know what to do. Ex made 70k two years ago, almost 60k last year, and is cutting back on overtime trying to keep W2 small. I receive 1300.00 a month disability.

Your thoughts will be very much appreciated, thank you.

-- Contributed by: Lyn

Dear sir I was married to A Russian woman we both agreed it was in good faith I found out that she used me to get Green card so the marriage was a fake one I am looking for a lawyer to turn this arround who can I use would you refer me to any lawyer here in Jacksonville Florida? I need it soon thank you Jamal Ntale

-- Contributed by: Jamal Ntale

I live in Arizona. I have been separated from my wife for over 10 years. She has been living with a guy for the last 9 years. Now that I want to move on and actually get a divorce she wont sign the papers, she thinks she should get alimony. Or only child is 25 years old. Can she really get alimony from me? Also, what steps should I take to get this divorce going?

-- Contributed by: Joe

Dear James...My husband pays $1,000.00 a month in child support for his two sons..he "was" making $60,000 a year..his job has gone over seas and now he makes only unemployment benefits of $398.00 a week..his ex..makes right at $35,000 a year..how much do you think his child support will go down? he is going to start college soon..their is no jobs in our area with out furthering your education

-- Contributed by: Cathy Broadwell

Hi, James, Thanks for taking time to answer my question. My wife is an achohlic and has moved out 3 times since we`ve move in to ou new home.This was w/ the promise of her stop drinking...we are lease purchasing the home. Since she has been gone for 3 weeks now and only been back to get more close. q1 can i change the looks,is it called abandonment. q2 in TN we have been married less then 2 years can we get an annullmeent q3 can sue her for 1/2 of the 5000.00 plus 1/2 of the 300 per that goes towards the purchase price of the home. By Oct th total will be 10,000 of my money and now im not sure im going to be able to continue the 800.00 rent/lease and by the home by myself. She entered in this agreement w/ me should she still be responsible for anything?

-- Contributed by: James Rome

Dear James: I am a US citizen who was married in the Czech Republic in 1999. My spouse, a Czech national, returned with me to the US. We seperated in 2002 and she returned to the Czech Republic. We decided that she would secure the divorce in the Czech Republic since we were married there. About six months ago, I lost contact with her. The phone number I have is not active and her email address in no longer active. I have no idea where she is. She has not lived here since 2002. I want to file for divorce here, without her. I was told about "publication," but I'm not sure that I understand what it means. She has our marrige certificate and, like I said, I have no way to get in touch with her. How should I proceed? Sean.

-- Contributed by: Sean Hayden

dear james, i'm bipolar and my husband left me why i was in the hospitle on a 72 hour watch, for a friend of mine, and i'm afaired of the incurable insaneity law how can i protect myself from him in and out of court. please help i can't afford a laywer. thank you amanda of ca.

-- Contributed by: amanda

Dear James, I was married in the Phillipines in 1997. We had a daughter together but we separated before i even deliver my daughter because of an affair with another woman that he had. Before I married him I was already a legal resident of united states. When I came back here in US I never changed my status to married. It has been 10 yrs and my boyfriend and I are planning to get married here in the u.s. Do I still need to divorce him or my marriage is not valid here in US. Please advise. Thanks -joy

-- Contributed by: joy

After 5 years of marriage, my husband and I are strongly considering a divorce. Because of an extramarital affair that I had, he keeps telling me I will be "taken to the cleaners" and to settle for what he suggests, which is $40,000 cash for him with very little left over for me. I will have the house, but suspect I can only gain about $5000 if I am lucky. Is this true?

-- Contributed by: April

After 20 years of marriage and now dividing assets in a predivorse mediation, my wife wants to account for a premarital asset. This was $70,000 that was invested in a house before I met her and that I moved into after the marriage. 20 years and 3 home upgrades later she feels she is due the $70,000 + 8% compounded interest. Is this the norm?

-- Contributed by: B Anders

If my husband had a felony conviction i was not aware of when we were married how will that play into the divorce and custody?

-- Contributed by: Lynn
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