Can you get a divorce even if you still live together?

Aug 8, 2012 by

Question:  Can you get a divorce even if you still live together? We don’t sleep together.We have not slept together in about 8 years. State:  Virginia Answer:  Virginia does not have a specific “legal separation” which has to be authorized by a court or government office. In order to be considered “separated” to obtain a divorce, both spouses cannot be living together as husband and wife. Since you and your...

read more

How do I file if one of the parties is living in another state and is he liable for his step children?

Aug 8, 2012 by

Question:  How do I file if one of the parties is living in another state and is he liable for his step children? State:  Florida Answer:  You can file in Florida regardless of where your spouse is living now. Whether or not he will have to pay child support will be determined by the court in Florida. If the kids are not his own it may be more difficult to get support for them. If they are minor dependents and he was supporting them in...

read more

Living Apart

Aug 8, 2012 by

Question:  I have been living out of the home for about 18 months still pay the mortgage and money to my son totaling about 1600 a month my son will turn 18 on dec 29 my wife threatens to not let me come to the house unless i pay and i loan her money to fix her car but does not pay back am i stupid or is she in the right for me to be paying this much? State:  California Answer:  You didn’t say whether you are divorced already or...

read more

Husband dies shortly after court proceedings

Aug 8, 2012 by

Question:  If a couple goes to court, decide on settlement on May 5, the husband dies on August 15, but never signed papers, is there anything that can be done because of intent to divorce? (MS) State:  Mississippi Answer:  That is a great question and my answer is “probably not.” The first thing that you should do is check with a family law or probate attorney licensed to practice law in Mississippi to see if they have a...

read more

Divorce and Debt

Aug 8, 2012 by

Question:  My husband and I separated and he bought a new house under his name and is not paying house payments will I incur his debt? State:  New Jersey Answer:  First of all, you should not wait another second to file for divorce. While it is unlikely that you would be held liable for the mortgage on the house (because you were separated at the time it was purchased and since it was purchased it in his name only and you did not sign for...

read more

Is there a law that will force my husband to pay for my attorney?

Aug 8, 2012 by

Question:  i want to get a divorce but my income is low,my husband has a retirement from the 20 years he did in the navy and he is working for the postal services for 3 years,how can i afford a lawyer and move out whit my children?is it a law that will force him to pay for my attorney and help me financially until the divorce is final?thank you State:  Missouri Answer:  You can ask the court to issue temporary support orders to cover...

read more

Child support in NY

Aug 8, 2012 by

Question:  We are above average wage earners, my wife, the likely custodial parent makes 250,000 while I earn 240,000 per year. We have 2 children 7 and 4 years old. We live in a district with an excellent public school system. What is a my fair share share of child support? I understand that beyond 25% of 80,000, the judge has discretion. What is typical? Thankyou. State:  New York Answer:  The New York State Office of Temporary and...

read more

How long does a spouse have to be gone in order to get a divorce under the grounds of abandonment in Texas?

Aug 8, 2012 by

Question:  How long does a spouse have to be gone in order to get a divorce under the grounds of abandonment in Texas? State:  Texas Answer:  Texas law states that the court can grant a divorce if a spouse leaves the complainant spouse with the intention of abandonment and remains away for at least one year. – The Divorce.com Team Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS....

read more

Out of Country Marriage

Aug 8, 2012 by

Question:  I was married in Jamaica could I file for my divorce in florida?  I married a Jamaican on September 1,2008 he left my home on or around Steptember 20,2008 I have not heard or seen my husband since. I want to resolve this asap and as in expensive as possible. I tried to end it soon after he left, but was told by my clerk of courts I would have to pay 400 + dollars at that time I believe I could have been eligible for an annulment. Help please I need some advise. This man...

read more

My wife lives in NY and I live in FL. What kind of visitation can i have?

Aug 8, 2012 by

Question:  My wife lives in N.Y. and I in F.L. what kind of visitation can i have regarding our 6 month old baby? **Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. State:  Alabama ...

read more

who gets owership of the house when the husband comits adultry?

Aug 8, 2012 by

Question:  who gets owership of the house when the husband comits adultery? **Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. State:  Alabama ...

read more

What is a status hearing?

Aug 8, 2012 by

Question:  What is it and should I go even though I have an attorney? (CO) State:  Colorado Answer:  Your attorney should tell you whether or not you need to attend the Status Hearing. Someone should probably attend and although hearings are usually informal settings, the judge will still need to know your position on the divorce up to that point. This is something your lawyer can usually take care of without your presence. The importance...

read more

Friends getting a Divorce

Aug 8, 2012 by

Question:  My friend who I have only talked to via the phone and her husband have 2 kids. She is a heavy, heavy duty alcoholic. I have only spoken over the phone with her for the past several years, therefore none of the following has been seen by my eyes so to speak. She has been to a Treatment Center a couple times (Incomplete) blames not being able to stick to the not drinking due to her husband drinking and coming home drunk. She also has a record of being arrested and...

read more

filing

Aug 8, 2012 by

Question:  I have filed for a divorce and sent a registered letter by mail, which came back unopened because he no longer lives at that address so my question is what’s the next step that I should take and if its running an add in the paper how should it be worded? State:  Arkansas Answer:  Normally, if you know where your spouse lives, a copy of the Arkansas divorce complaint and a summons must be personally delivered (by someone...

read more

Is the husband still obligated to be responsible for future bills of the wife?

Aug 8, 2012 by

Question:  If you are still married but not living together and have not for 3 months – Is the husband still obligated to be responsible for future bills of the wife? (TX) State:  Texas Answer:  Threee months of separation alone is not enough to qualify for a divorce on grounds of “living apart” as Texas requires 3 years of living apart without cohabitation to constitute sufficient fault. Whether or not the husband must...

read more

I have 1 child

Aug 8, 2012 by

Question:  I’m a male and am married. The marriage has been mostly a nightmare for myself. Basically everything is always my fault and I don’t want to live my adult life as I did when I was a child. I know going to court I will lose (child, money etc:). My question is (most importantly) will I get equel amount of time with my son (8yrs old) and I’m on compensation (I was a Firefighter hurt in the line of duty)…will I lose all that also? Thank you so much for...

read more

Desperate

Aug 8, 2012 by

Question:  I’m from mich. My husband and I moved to NC by his family. We came in Jan. Things weren’t good so I went back to mich for a month and he talked me and my kids to come back. Well now I know he’s been cheating and I wanna leave for good. Now he refuses to let go back home with my kids. I have no friends or fam here. I wanna go back to mich. Is it illegal for me to take my kids to Michigan??? We haven’t even been back for 6 months. (MI) State:  ...

read more

Divorce Confusion

Aug 8, 2012 by

Question:  Okay, so I will spare you the bulk of the gory details, but in a nutshell, my wife left me and our three children in 07/2008, left the state for her home state 500 miles away, didn’t pay anything in child support for over a year, (I filed for divorce shortly after we both signed a separation agreement form prior to her moving, I ultimately was granted pendente lite and later sole legal/physical custody of our 3 kids, child support, etc.). At the time of the divorce...

read more

I want to file for divorce. Do i need to know where he is?

Aug 8, 2012 by

Question:  My husband left me in April of this year. I want to file for divorce,do i need to know where he is? State:  Indiana Answer:  You do not absolutely need to know where he is. The court will require you to try to serve notice of the petition to divorce on him by traditional service such as by Certified Mail or by professional process server. However, if he cannot be located at all, the court will likely allow you to post notice of...

read more

California Renegotiation

Aug 8, 2012 by

Question:  Can you go back and re-negotiate after the divorce has been finalized in California? State:  California Answer:  Thank you for your question. You can’t re-negotiate the divorce per se. However, you can ask the court to modify child support, child custody arrangements, and spousal support where you can demonstrate that changed circumstances warrant a change. For example, if you are paying child support and lose your job or...

read more