Irwin M. Pollack’s Answers

Irwin M. Pollack

Southborough Divorce / Separation Lawyer.

Contributor Level 12
  1. Quick description: Husband and Wife were married about a little less than 2 years in 2008 and 2009. They have lived separate

    Answered over 2 years ago.

    1. Irwin M. Pollack
    2. Christopher P Norris
    3. Peggy Margaret Raddatz
    3 lawyer answers

    Of utmost importance is that you keep in mind that, in Connecticut, the Court has the discretion and power to award to either party all or part of the estate of the other. Whether or not they have lived together, they chose to be married. Based on the debt that the wife put on her home, the court would likely consider this part of the "contribution of the wife" in the acquisition, preservation or appreciation of the assets. The "hard work on the home" is usually considered a valuable...

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  2. Can I sue my ex husband in small claims court for not complying with separation agreement?

    Answered 3 months ago.

    1. Irwin M. Pollack
    2. Joshua N Robbins
    3. Charlotte Smith Murphy
    4. Tony Anthony
    4 lawyer answers

    I have a sense that not much time has gone by since you and your former husband divorced. Given how he handled the furnace, there will probably be more things that he will do that a court would find fault with. Rather than going to small claims court, wait until two or three more things happen and then file a Complaint for Contempt and go through the family court. Courts are willing to take action against wrong-doers; going to a different venue will cause you more problems and they may claim...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is 50% the most that I give up in assets in Divorce in Maryland

    Answered 3 months ago.

    1. Evan Michael Koslow
    2. David Raymond Mahood
    3. Irwin M. Pollack
    4. Tara K Frame
    4 lawyer answers

    Maryland is an equitable distribution state. Property is divided in a fashion that is deemed fair and equitable, but not necessarily equally. There are 10+ factors considered (length of the marriage, financial needs of each party, etc.). Rarely does it go more than 5-10 percent to the left or right of 50 percent mark, but it is case-specific.

    5 lawyers agreed with this answer

  4. I have been having problems with my lawyer and accountant in a divorce action. both instructed me to deposit money into a bank

    Answered over 3 years ago.

    1. Howard M Lewis
    2. Anton R. Reinert
    3. Irwin M. Pollack
    3 lawyer answers

    If the lawyer acted against your best interst, and even acted to benefit his/herself (versus your best interest as the client) you may have an ethical issue as it relates to the lawyer's conduct. Further, the lawyer should give you documentation related to ANYTHING he/she did on your behalf. As for the bank, if they acted improperly, keep going up the chain manager to district manager, etc.

    3 lawyers agreed with this answer

  5. Friend has divorce question

    Answered 3 months ago.

    1. Ergio I. Fernandez
    2. Irwin M. Pollack
    3. Andrew Y. Kim
    4. Francis Rene Gil
    4 lawyer answers

    The fees to file a divorce start at $409. You can access the fee schedule at http://www.miami-dadeclerk.com/service_fee_schedule.asp.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Divorce settlement from opposing counsel was unreasonable and seems to have sparked the flames. is this normal?

    Answered 3 months ago.

    1. Nadine Marie Jett
    2. Tobie Brina Waxman
    3. Edna Carroll Straus
    4. Irwin M. Pollack
    5. Charles Joseph Morris Jr
    6. ···
    6 lawyer answers

    If you do not have legal representation and your spouse does, there may always be the concern that you are at a disadvantage. Even still, you need to document what the other side requests so that you can address the issues of unfairness or unreasonableness. The court will look at both side's financial statements and make a ruling on those issues that you and your spouse cannot agree on. Remember, you can agree on many issues and just take those you cannot agree on to the judge. Good luck and do...

    4 lawyers agreed with this answer

  7. What to do now?

    Answered 3 months ago.

    1. Edna Carroll Straus
    2. Svapna Alan Trivedi
    3. Irwin M. Pollack
    4. Gregory Paul Benton
    4 lawyer answers

    If the other side is lying in court, bring up specific evidence that shows their motive, disingenuous actions and/or anything that would diminish their credibility. Remember, in CA it is a community property state so gifts are irrelevant.

    4 lawyers agreed with this answer

  8. Moving residences while sharing custody

    Answered 3 months ago.

    1. Edna Carroll Straus
    2. George Anthony Munoz
    3. Irwin M. Pollack
    3 lawyer answers

    It would not appear that a five mile move would be harmful to the children or put your former spouse in a disadvantage related to his parenting time. BUT, have you moved counties? Will the school district change? Not knowing where in California you are (or plan to move to), it would be hard to give a firm YES or NO answer. If you and your former spouse can agree, get it in writing; if not, go before the court on a modification basis. What is prompting your move? Is it for a good reason? What is...

    4 lawyers agreed with this answer

  9. Can I get a divorce if my ex filed the divorce and doesn't show up.

    Answered 3 months ago.

    1. James D. Lukowiak
    2. Robert Finlay
    3. Irwin M. Pollack
    4. Estela Matta
    5. Jeffrey Allan Miller
    5 lawyer answers

    Did your husband file for divorce in Massachusetts or in California? If filed in Massachusetts, you ought to answer the complaint and file a counter-claim seeking certain "temporary orders." This will be addressed in a motion hearing. If your husband does not show up, the judge may allow your motion (for whatever you are requesting). At some point, if he does not show up, you have to do your best to prove that he was given notice (by publication, possibly). Tell me more and I will answer more!

    2 lawyers agreed with this answer

  10. Do I have to tell my wife's divorce attorney who I may have for witnesses & what they may testify to?

    Answered about 2 years ago.

    1. Irwin M. Pollack
    2. Michael C. Barrows
    3. Daniel Seth Williams
    3 lawyer answers

    I'm not so sure that it's against the law to force you into court without a lawyer. Think about it this way: it makes sense to use a lawyer (this is a person who knows the ins-and-outs of court, the legal system, etc. If your wife is using one, I would assume she is using (joint) marital funds. If that's the case, why should the judge allow her to have access to funds that you do not have? That is not proper. If the two of you are in a 50/50 (marital) partnership, you should go forward on a...

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