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Irwin M. Pollack
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Irwin Pollack’s Answers

80 total


  • Can my husband kick me out if the house where I live with him and our 2 kids if my name is not on the lease?

    I recently discovered my husband is cheating on me and he took our 2 small children with him on a date. My son is 6 and my daughter is 4. Now he has become mean and spiteful and threatening to kick me out because only his name us on the lease and...

    Irwin’s Answer

    If you file for divorce, an automatic restraining order would likely prevent him from taking the children, locking you out of the home, etc. You should file and schedule a motion for temporary orders establishing a parenting plan, who lives where, who pays whom support, etc. Don't listen to his threats. Once you are convinced you are ready to dissolve you marriage, file and the court will offer you certain protections. Also, start documenting what he does with the children (ie. taking them on dates) and bring proof of same to the judge. Courts do not look favorably upon this type of behavior. Good luck!

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  • What is the most assets that I would have to give up in a Divorce in Maryland

    I would like to know how much I would have to give my ex wife it all my earnings in retirement funds and a house that I paid for

    Irwin’s Answer

    All of your individual and joint (marital) assets are thrown into a pot. Next, each item is valued. From there, the same is done with debt. The net is divided in an equitable (fair but not necessarily equal) fashion based on several factors (ie. length of marriage, financial conduct, etc.). If you earned all of the money, a court would consider her role such as raising the family and taking care of the home and deem that the two of you were equal partners.

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

    Our separation agreement states that my ex husband and I shall share all costs 50/50 to prepare and sell a marital property, then split the proceeds. The property has been sold, and the proceeds were already split, but he refuses to pay his half ...

    Irwin’s Answer

    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 they lack jurisdiction.

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

    opposing counsel asked for me to pay for many things, which are unreasonable. is this normal course for divorce>? it makes me not want to work with him at all. if i cannot accept any of these offers what happens next? Does the court look at the fi...

    Irwin’s Answer

    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 not let yourself be taken advantage of.

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  • Getting Divorced - What are my rights when my attorney makes a number of errors or fails to follow-up on important issues?

    Earlier in the yr I suggested to my attny that my husband re-fi our home to buy me out. My attny did not relay my ask and I was told the sale of the home was the only viable option. I rcvd and signed a listing agreement and was told the home was p...

    Irwin’s Answer

    If you feel your attorney was unethical or billed you improperly for items that did not take place, you should confront him/her with it and if you are not satisfied contact the state's ethical board that governs over attorneys. It seems from what you say that lots of things were done without you being aware of it. Good luck. Don't give up fighting for what's rightfully yours.

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  • I obtained an attorney for my divorce case. my ex and his lawyer wanted to settle. i informed my attorney I agree to the terms

    i obtained an attorney for my divorce case and he charged me a flat fee but brought a document to sign to present to court to claim attorney fees . i sent him an email and he acknowledged via emai that the flat fee was the initial agreement but he...

    Irwin’s Answer

    It seems to me that you have an ethical matter to bring before the state's Board that regulates lawyer behavior. If you have an agreement and you obided by said agreement, it should be done. Was the lawyer acting in his own interest or yours?

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  • During emotional divorce was threatened to sign unfair divorce agreement this past Feb 2014 is there any hope to get it revised

    Feb 2014 court legal separation no temp parent plan only purposed parent plan, no lawyers, we agree split equal including bills, before court Dec 9 2013 ex moves kids from primary home against my will, court order not remove children from home unt...

    Irwin’s Answer

    Find a way to present the court specific evidence (not hearsay) of the false allegations of abuse. Moving against court order, one parent having the other arrested not in the best interest of the child. If you have specific order re: money, show the court how there has been a significant change in circumstances. You need a lawyer, but good luck (don't give up).

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  • When trying to get cleared from dor, who gets the court date to go before the judge?

    The Dor is doing a judicial review for my husband. How long should the review take? After the review who goes to court to get the court date to go before the judge?

    Irwin’s Answer

    If DOR is initiating the action, they will be the ones getting a date to go before the court. They usually take 8-12 weeks, but there are many variables and circumstances (based on what the review may be based upon). If there's a specific issue, try getting in touch with the case manager at DOR. Best of luck.

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  • Can an active duty member get full custody of her children after a divorce is finalized and joint custody was established?

    I filed for a divorce while I was overseas. I am paying child support for my children and solely covering travel expenses in order for them to visit me. I am stationed in an high end rent area so being able to afford to see my kids more is very h...

    Irwin’s Answer

    There is legal custody and physical custody. Legal addresses making the major decisions about the child; physical custody addresses where the children live. If joint custody (shared) has already been established, you need to file a modification and show what the change of circumstances is/was. If you get 90% of the time, but it's still "shared" or "joint" in a label, would that work for you? Courts want what is in the "best interest" of the children.

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  • What to do now?

    This is only 6 months marriage. In my divorce case, Court denied spousal support to her in RFO and also denied for lawyer fees. In RFO she did not ask anything from court. Now when everything done, she is not ready to settlement. And she brin...

    Irwin’s Answer

    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.

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