What does a counter-petition look like?

Aug 8, 2012 by

Question:  What does a counter-petition look like? State:  Arizona Answer:  Generally speaking, a Counter Petition looks very similar to the original Petition which is the form that states in legal terms that a party is seeking a divorce (or some other relief). Different states may use different terms for such a document. In most states, the Counter Petition will simply be a pre-printed form containing various boxes which the respondent...

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I live in Kansas – my soon to be ex lives in Alabama – can I still file for divorce?

Aug 8, 2012 by

Question:  I live in Kansas – my soon to be ex lives in Alabama – can I still file for divorce? State:  Kansas Answer:  You can file for divorce right there in Kansas if you have lived there for at least 60 days. There is also a 60 day waiting period after you file before the first hearing. – The Divorce.com Team Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS....

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Can I file a suit on a woman who had an affair with my husband? Child custody question.

Aug 8, 2012 by

Question:  My husband recently had an affair and I have filed for divorce. The lady had a baby and my question is -can I file a suit on her? State:  Mississippi Answer:  The answer would be yes, you can file suit on nearly anyone – if you have a valid reason for doing so – otherwise, it will be a waste of time and money. In this case, the terms of your impending divorce agreement will more likely be the source of any revenge...

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Will my ex have to pay child support when my son turns 18?

Aug 8, 2012 by

Question:  Under Arizona law will my ex have to continue to pay child support when my son turns 18 and is still in school? Even if my son moves out of my home and in with his dad upon turning 18 but there has been no modification to decree? State:  Arizona Answer:  Arizona sets the limit for child support payments at age 18 or when the child graduates from high school. The state statute says: The presumptive termination date shall be the...

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Agreement, maintenance fees, apartment rent

Aug 8, 2012 by

Question:  Can I simply not agree to any of the settlements and not sign, therefore no divorce? Once separated must the husband pay for housing for the spouse and children till the divorce is settled? Can a wife be entitled to monthly payments besides the settlement if she endured mental abuse throughout the marriage? (IL) State:  Illinois Answer:  Even if you do not sign the divorce papers, the divorce will still proceed. It will go...

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His ex-wife wants him to divorce me online. How does this work?

Aug 8, 2012 by

Question:  My husband and I have been separated since 1995. He is in a nursing home in Minden Louisiana and I live in South Carolina. His ex-wife wants him to divorce me online. How does this work? Will it be legal and binding when I file for my retirement next year? State:  South Carolina Answer:  As long as your husband (and his ex) use the correct forms (for the jurisdiction in which he files) and you are not contesting any of the...

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Husband won’t talk to me.

Aug 8, 2012 by

Question:  I have tried to ask my husband why’s and how come’s. He blames me for pushing him away, I’ve done everything to make him happy. I put my family first my whole life, well our kids have grown up – last one graduates 2010 June. I’ve been treated like I don’t exist – how can anyone live like this? I need out and him to pay for 20 years. State:  New Jersey Answer:  It is regrettable...

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She used bad numbers for my salary, and did not report all her income.

Aug 8, 2012 by

Question:  My wife used “creative” service to notify me of divorce. She used small local paper, but was fully aware I would not see advertisement. She used bad numbers for my salary, and did not report all her income. Now I am saddled with enormous back child support. What is criteria for service? Ohio State:  Ohio Answer:  That is a bad situation. If you are saddled with enormous bills as a result of your spouse’s...

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Can you get a divorce with out a lawyer?

Aug 8, 2012 by

Question:  That’s it, can i get a divorce wtih out a lawyer? i have been married for 16 almost 17 years and my husand and I are living apart and have been for the past year or more. State:  Ohio Answer:  Living separate and apart without cohabitation for one year is sufficient grounds to seek a simple no-fault divorce in the state of Ohio. You can complete your own divorce paperwork without representation of a lawyer, but you will...

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

Aug 8, 2012 by

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

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My Husband is in jail, I want to get a divorce will he have say in it?

Aug 8, 2012 by

Question:  My Husband is in jail – if I wanted to get a divorce will he have say in it? State:  Virginia Answer:  That depends on several factors. If your husband decides to contest the divorce he has the right to be heard by the court but that doesn’t mean his views will be shared by the judge. If he has been or will be incarcerated for more than one year – you can use that as the grounds for your Virginia divorce. It...

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How long will a divorce through mediation take?

Aug 8, 2012 by

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

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Connecting the dots: Alcohol, Drugs, Divorce

Aug 8, 2012 by

Part I: What it Looks Like One of the things that surprised me when I was doing research for my book The Divorce Lawyers’ Guide to Staying Married (Volt Press, 2006) was how little information there was about the correlation between alcohol and drug abuse and divorce. One attorney who I interviewed thought that up to 30% of the divorce cases were either directly or indirectly related to a spouse’s alcohol or drug abuse. Yet, rarely does one come across any information about this all...

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Not happy with my life and my husband is a big drinker.

Aug 8, 2012 by

Question:  Not happy with my life. Husband big drinker. Never hit me. We have two grown children. I own a house and I want out. I have been married for 30 years. So confused!!! State:  New Jersey Answer:  If you have been a resident of New Jersey for one year you can file a no-fault divorce action based on Separation if the husband and wife have lived separately for a period of at least eighteen months without a reasonable expectation of...

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Divorce or palimony suit?

Aug 8, 2012 by

Question:  I lived with a man who I was married to in 1975. Got divorced in 1978. Got back together in 1980 due to an illness I had which made me disabled mentally – Viral Insefelitis. Left a scar in my brain which causes seizures (controlled by meds. & memory problem due to scar). He stayed with me for 20+ yrs. Referred to me as his wife to people. Bought a house together & filed taxes together. A year 1/2 ago he leaves me for a 35 yr. old (he is 58 & I’m 60)....

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divorce and child support

Aug 8, 2012 by

Question:  If my wife had an affair and she has one son and I have the other – should I still have to pay her child support? State:  Louisiana Answer:  Even if you and your wife have agreed that each parent will have custody of one child, you may still be liable for child support if you have not agreed on how costs are to be divided and the issue is brought to court. Fault of the parents in the divorce or separation does not have...

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What percentage of my husbands income would he pay for child support?

Aug 8, 2012 by

Question:  What percentage of my husband’s income would he have to pay for child support? State:  Texas Answer:  Child support in Texas can be estimated fairly accurately using any one of a number of “calculators.” They can be found easily enough with an online search. Basically, they all total up existing household incomes and expenses to come up with a base subtotal figure. The amount of child support is then figured...

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Affidavit

Aug 8, 2012 by

Question:  Affidavit for divorce – if it has been more than two years since filed – other person has not signed yet – what to do? State:  Georgia Answer:  If you have been abandoned by your spouse, you can file for divorce just like anyone else. The rules vary from state-to-state, but it’s likely your filing work is not complete until you have served your spouse with a copy of the divorce filing and can prove the...

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Can I file bankruptcy during a legal separation without damaging my husbands credit?

Aug 8, 2012 by

Question:  Can I file bankruptcy during a legal separation without damaging my husbands credit? We have separated all the bills and I will not be able to afford my portion. If I file for bankruptcy will it affect him at all? State:  California Answer:  Hmmm. It sounds like you are going to need to consult a bankruptcy attorney. The handling of debt settlements changed with the 2005 Bankruptcy Code. Prior to the change you could file...

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The judge sent me the divorce paperwork again stating that some of then were signed too early.

Aug 8, 2012 by

Question:  My wife and I filed for divorce on April 14 of this year. After filing the last of the paperwork and waiting for the divorce decree. The judge sent me the paperwork again stating that some of then were signed too early. My wife and I have both moved on yet she refuse to sign the papers again because my girlfriend and I are going to have a baby. She told me she is going to be a (B) as long as she can and she doesn’t care. I don’t know what to do next it has been 3...

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