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Divorce Recent Legal Answers from Lawyers

Divorce Recent Legal Answers from Lawyers
I regret to hear that you received a family law default judgment.  Fortunately, most states afford revisory power to trial courts in the event of extrinsic fraud.  Extrinsic fraud is a type of fraud that prevented you from being heard (i.e., lies about you having been served, which permitted court proceedings to go on without your notice).  This is different from intrinsic fraud, or fraud that forms the basis for a cause of action.  Many lawyers have trouble with these concepts so, without getting too philosophical, suffice it to say that you are a victim of the correct type of fraud that permits a court to exercise its revisory powers - extrinsic fraud. For these reasons, the best advice would be to immediately retain an attorney to file a motion to vacate the judgment due to extrinsic fraud.  Evidence that you were not served will have to be attached to the motion (i.e., the affidavit of service filed by the ex-wife states you were served on date X at Y location, but you have a football game ticket showing that you were at a football game on that date at that time, and you also have an affidavit from your friends saying you were there as well). One final thought.  If you did file anything in the action challenging the proceedings (i.e., a motion to vacate the order of default), and if those requests were denied, then you may want to immediately consult with an appellate lawyer.  There are strict deadlines to file an appeal - typically 30 days in most states - so it is imperative to act quickly if you asked the court for relief while the case was ongoing but those requests were denied.  You might also have appellate rights, even if you made no such requests, if the court made a child custody determination without hearing from any witnesses or evidence.  This is because there is case law in most states providing that, even in an uncontested case, a court must still hear from someone or review something before making a decision regarding the best interest of a child.  So, if the court ruled purely in a default fashion (meaning no evidence at all, just a ruling), then you should also seek appellate counsel.  Otherwise, focus on the advice in the first two paragraphs of this post.... Read More
I regret to hear that you received a family law default judgment.  Fortunately, most states afford revisory power to trial courts in the event... Read More

Should I allow myself to be served divorce paperwork?

Answered 2 days ago by attorney Mr. Jason Ostendorf   |   1 Answer   |  Legal Topics: Divorce
Most, perhaps all, states have procedures that allow defendants to be served by means other than personal delivery if it appears that they are evading service.  If your husband files a motion requesting the court to permit such an alternative means of service, then you may be served without being aware of the service.  For instance, the court may allow your husband to effectuate service by publishing a notice in some news paper.  If that would occur, then you would be presumed to have been served even if you did not read the newspaper.  The potential harm from this is a family law order of default.  This could lead to the husband being awarded alimony, child custody, property division or other rights that directly and negatively affect you without your input. For this reason, my standard advice to people is to just accept service, and then hire a lawyer to deal with it so nothing goes wrong.  There is just too much that can go wrong if an ultimate order of default or default judgment is issued.  I do not practice law in California.... Read More
Most, perhaps all, states have procedures that allow defendants to be served by means other than personal delivery if it appears that they are... Read More
Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits. You will need to have your military retirement pay calculated for her percentage, if any. Also, you will neee to value your tsp as well. Hope this helps. Chris Ragano,Esq. ... Read More
Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits.... Read More

I got divorced 31 years ago in Florida.

Answered 3 days ago by attorney Chris Evan Ragano   |   1 Answer   |  Legal Topics: Divorce
The answer is no....unless the final judgment reserved jurisdiction over her request for alimony. For ex, if you retire, she can come back and petition the court. Hope this helps, Chris Ragano, Esq.
The answer is no....unless the final judgment reserved jurisdiction over her request for alimony. For ex, if you retire, she can come back and... Read More
Jurisdiction is established on where you are living at the time you file for divorce, not where you were married. Under Wisconsin law, to file for divorce, you have to be a resident for 6 consecutive months prior to filing and 30 days in the county where you reside, prior to filing. for legal separation, you only need to meet the 30 day requirement.... Read More
Jurisdiction is established on where you are living at the time you file for divorce, not where you were married. Under Wisconsin law, to file for... Read More
Dear Elizabeth,    You can still proceed with a divorce without your spouse being here or participating in the process. The process without her participation will take approximately six months.  If you would like assistance with the process do not hesitate to contact my office. ... Read More
Dear Elizabeth,    You can still proceed with a divorce without your spouse being here or participating in the process. The process... Read More
Thank you for your question. I understand how concerned you must be about your living situation when you just went through the divorce process.   The short answer is that it depends on the terms of your divorce agreement and your specific living arrangements. We would need to analyze the divorce decree and any written agreements in place to accurately analyze your options and decide how to move forward.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with New Jersey law as soon as possible, so that you can understand the implications for you and your family moving forward. ... Read More
Thank you for your question. I understand how concerned you must be about your living situation when you just went through the divorce... Read More
Thank you for your question. I understand how difficult this time must be for you.  The short answer is that provided one party has been living in New Jersey for at least a year, you can file for divorce in New Jersey.  However, there certainly can be specifics involved and each matter is different.  You need specific answers to protect yourself and I would strongly suggest that you schedule a consultation with a family law attorney who has experience with New Jersey divorces, so that you can understand the implications for you before filing for divorce.  I hope you found this information helpful. ... Read More
Thank you for your question. I understand how difficult this time must be for you.  The short answer is that provided one party has been living... Read More

How can I quickly modify my divorce decree?

Answered 9 days ago by attorney Donna R. Miller   |   1 Answer   |  Legal Topics: Divorce
Unfortunately, the court does not have the jurisdiction or ability to modify a divorce decree's provisions about division of property (money).  If there were never any QDROs filed (to split the retirement funds), then they will not be split and you will be paid all of your retirement.  If the decree reads that you each owe the other some amount, you could file satisfactions of judgment to resolve that issue.     Donna Miller http://donnamiller-law.com/... Read More
Unfortunately, the court does not have the jurisdiction or ability to modify a divorce decree's provisions about division of property... Read More

divorce

Answered 24 days ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous:    You are still legally married.  Under Florida law, which will likely apply, the date of filing the petition for dissolution of marriage  is the starting point for determining marital and non-marital assets and liabilities.  In a nutshell, this means that the assets and liabilities both your spouse and you acquired after separation could still be considered for the purposes of determining the marital  estate.      So, you should file  for divorce now, because this will keep goin gforward without that legal declaration that you are divorced.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2795  ... Read More
Dear Anonymous:    You are still legally married.  Under Florida law, which will likely apply, the date of filing the petition for... Read More