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Tracy J. Hermann

Tracy Hermann’s Answers

79 total


  • I have joint physical & legal placement of my 3year. divorced 2 years ago. I am engaged to be remarried. When am I allowed to

    live w/my fiancee or vice versa..??. (Currently both own separate homes, we are both trying to sell our current homes to purchase a new one as a family.)

    Tracy’s Answer

    Unless you are prohibited from living with an unrelated female in your final judgment of divorce or your settlement agreement, then I see no legal impediment from living together now.

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  • Can my wife finance over $5,000 after she served me? Have not gone to court yet

    My wife served me roughly two weeks ago. Now she wants to purchase something over $5,000 and finance it. How do I make sure I will not be responsible for the debt. I know she's not supposed to add more debt. What do I do

    Tracy’s Answer

    I agree with Attorney DeLuca. At this point it's unclear whether or not she's in violation of the automatic orders. However, it's certainly clear that you are having issues very early on in the divorce and you'd be well served to retain an attorney and not attempt to deal with these issues on your own. There are several competent family law attorneys on AVVO, and any of us would be happy to meet with you.

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  • Divorce took place, 9 years ago, in South Carolina when Court awarded Ex-Wife Alimony. Now RI resident.

    Can I retain Lawyer in Rhode Island to file for reduction of Alimony ?

    Tracy’s Answer

    Attorney Hirsch and Attorney Bedford are right on. You need to meet with an attorney. No one can give you a yes or no newer based on the facts you've provided.

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  • What do we do about a lawyer who doesn't seem to be communicating or handling our case correctly?

    hired a lawyer. keep getting bills and are over $3,000. Started at $1500 said it would be a quick case. Child 19 dropped out of school. Still paying child support. Now x is countersuing based on old Hawaii order that we pay if he continues school ...

    Tracy’s Answer

    If you are uncomfortable with your current representation you may want to seek new Counsel. The fact pattern suggests you need an attorney.

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  • The state of Rhode Island advised me that my child support would automatically end when my child turns 18 and graduates HS.

    I have been paying child support for 9 years for 2 children my oldest is 20 and my youngest turns 18 and graduates high school in June. My divorce decree states that I am order to pay CS until each of my minor children attains the age of 18 or gr...

    Tracy’s Answer

    You should file a motion and serve your ex. In fact you could file a motion now as to your 20 year old to modify, but you may not want to. If the order is 9 years old there is a chance that you are paying less than what you would be paying for one child. It's impossible to know without knowing your income. Minimally you should file a motion to terminate child support and to terminate wage garnishment in June.

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  • When do I need to submit my Final Judgement no motions pending?

    I submitted my decision pending entry final judgement on December 11. It was not contested, I know they said 3 months, but I'm not sure if it has to be exactly or just some time after three months. Also, what is the difference in paperwork? Do I ...

    Tracy’s Answer

    • Selected as best answer

    You must wait three months and 1 day following the hearing. So, for example, if you had a hearing on January 1, 2015, the earliest date you can file the final judgment is April 2, 2015. This is assuming you filed a divorce on the basis of irreconcilable differences, which it sounds like you did, based on the clerk's instructions. You do not need to file it right on that day - in fact, you will have a 30 day window, following that day to file the final judgment "in time". If you fail to file it in that 30 day window, you will have to file a motion to enter the final judgment - so try to get it in on time. As to your second question - yes, you must indicate that there are no motions pending. That is a requirement.

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  • How do I change my married name back to my maiden name?

    I've just submitted my Final Judgement and I will be able to get the certified copy by next week. Do I just take the certified copy of my divorce (which states in the findings that I requested my maiden name as a condition of the divorce) through ...

    Tracy’s Answer

    • Selected as best answer

    You got it! First step is social security. Bring a certified copy to the social security office and request the name change. They will first give you a temporary card and mail you the revised social security card. The DMV will generally not accept the temp. card. Once you receive it in the mail, you can bring it to the DMV for the name change on the license. Best of luck!

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  • Splitting assets

    I'm looking to divorce my husband. . We own a restaurant together. We were together but not legally married when the restaurant was bought. All of which is under his name. . Everything. I worked every single day in that place but never was on pa...

    Tracy’s Answer

    I strongly recommend that you meet with an attorney familiar with asset division. This is not a good forum for the answers you need. There are several competent attorneys on avvo. Any of us would be happy to meet with you.

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  • Is a lien avoidance on a judgement lien for my home apart of a bankruptcy?

    I checked with a few lawyers and they said they would charge me 1fee for my bankruptcy case and then an additional fee for a judgement lien i have on my home. The fees are because they are 2 different courts. Also it will take 2 days to write the ...

    Tracy’s Answer

    Definitely not two courts. The motion to avoid lien would be filed after filing the Ch. 7. Many lawyers do include it in their flat fee, although if charging a reduced flat fee they may charge additional fees for anything after your 341 meeting.

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  • If I remarry, what portion of my home is new spouse entitled to...?

    My name soley on deed..In event of breakup of 2nd marriage, is spouse only entitled to equity that has built up since marriagege date? or entitled to take half of property? Home is mine from first divorce in 97....

    Tracy’s Answer

    Likely only 1/2 of appreciation from date of marriage to present date. You should meet with an attorney to discuss this in a confidential setting. There are many competent attorneys on AVVO. Any one of us would be happy to consult with you.

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