Joe Lewis’s Answers

Joe Lewis

Portland Family Law Attorney.

Contributor Level 8
  1. Do I need an attorney to file a fault divorce and get alimony. I have been married 24yrs and my husband is the bread winner

    Answered almost 3 years ago.

    1. Joe Lewis
    2. Michael J Corbin
    3. Peggy M. Raddatz
    3 lawyer answers

    This reads like a parade of badness! Alimony is certainly a strong possibility if the incomes you are describing can be proved. Obviously cash payments are difficult to track exactly, but all you really need to do in court is convince a judge that the income is happening, not necessarily document it. So, for instance, if he is showing very little documented income, but you can prove that he is paying thousands of dollars a month on this, that, and the other, the judge is going to want to...

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  2. How long does it take to partition land?

    Answered about 3 years ago.

    1. Joe Lewis
    2. Alan D. Walton
    3. David L. Carrier
    4. Brian Coleman Kelly
    4 lawyer answers

    The answer depends on a few things that aren't obvious from your question. What you mean by jointly held real estate matters a lot. There is a distinction between joint tenancy and tenancy in common, and that distinction comes into play if one party wants to force the issue in court. What you mean by "partition" also matters. If you just mean cut up the real estate, that's relatively easy to accomplish. Getting the land surveyed is a likely first step, followed by negotiating a fair...

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  3. I own a home with my boyfriend. I am leaving and he won't sell the house. How can I leave with my name still on the mtg loan?

    Answered over 1 year ago.

    1. Joe Lewis
    2. James L. McAlister
    3. Adam Lefkowitz
    3 lawyer answers

    There are no laws like that, but -- assuming you are also on the deed -- someone in your situation can basically ask the court to order the house sold (a partition action) and the net proceeds split equitably. You should consult a local lawyer who can sit down, review the appropriate documents with you, and discuss the best path to getting what you want done.

    4 lawyers agreed with this answer

  4. Do i have to pay child support when we already have a divorce decree in place and i pay half of expenses already?

    Answered over 1 year ago.

    1. Joe Lewis
    2. Michael L. Dubois
    2 lawyer answers

    Calculating a child support obligation is a pretty mechanical and straightforward process. It sounds like child wants to live with mom. If all other factors were basically equal and mom went to court over this, she would likely be awarded primary residential custody based on child's preference and the reality on the ground. (A 16-year old's preference is usually accorded lots of weight with most judges if that child seems reasonably thoughtful about the matter.) Bottom line in a real...

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  5. Splitting of a house that is owned jointly

    Answered about 3 years ago.

    1. Joe Lewis
    2. Kenneth Allyn Sprang
    3. Timothy Edward Kalamaros
    3 lawyer answers

    You and your sibling need to find a better way to get to a fair resolution than through court. If I had to guess, he or she has been wanting to cash out on this property for 4 years, and for 4 years you have been refusing to go along, hoping that the market will turn around, and now he or she has upped the ante and filed a petition, ensuring that 1) the property will be sold and the equity unlocked, and 2) that the net proceeds will be lower than need be because the two of you couldn't get...

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  6. Will my ex receive visitation?

    Answered 16 days ago.

    1. Joe Lewis
    1 lawyer answer

    This is a tricky area, and it's almost impossible to predict an outcome, but IF the biological father wishes to press for visitation, he certainly can regardless of adoption proceedings. This would be a family court case, not probate court. That said, the situation you describe doesn't lend itself to more than occasional supervised visitation at most. You shouldn't have too much trouble defending against any actions he might take. As far as probate is concerned, the same sort of best...

    2 lawyers agreed with this answer

  7. I am researching opening a private therapy practice in Maine for my husband who is an LCSW. Should we incorporate as an LLC?

    Answered over 1 year ago.

    1. Joe Lewis
    2. James D. Wade
    2 lawyer answers

    Not to be overly cheeky, but my only suggestion is that you get in touch with a local lawyer to get a sense of what sort of corporate structure will make the most sense for you and your husband. There are not enough facts in your post to allow for a more precise, specific answer.

    2 lawyers agreed with this answer

  8. What can I do about my neighbor always spying on me at night from his back yard

    Answered over 1 year ago.

    1. Joe Lewis
    2. Nancy Loukus Ballast
    3. John Arthur Daniels
    3 lawyer answers

    " I'm afraid to tell the police" Ridiculous. You are being harassed, and you need to take action to make it stop. Fear-based decisions are almost always incorrect decisions. There are laws in place for your protection and you should use them. Once you tell the police, they will tell him to leave you alone. If he doesn't leave you alone, you can get a restraining order from the courts.

    2 lawyers agreed with this answer

  9. Paid a fine for violation of an ordinance in NY, will I need to disclose this to my Law School and the C&F committee?

    Answered over 1 year ago.

    1. Joe Lewis
    2. Seth T. Carey
    3. Dean George Tsourakis
    3 lawyer answers

    When in doubt, disclose!

    2 lawyers agreed with this answer

  10. Who is entitled to the equity in our home during a divorce?

    Answered over 1 year ago.

    1. Joe Lewis
    2. Lee Alan Thompson
    2 lawyer answers

    Maine has particular rules about transmutation of pre-marital/non-marital assets into marital property. Depending on various actions that you may have taken as a couple regarding the house, there might be an argument to be made that all of the equity in the house is marital. (The source-of-funds approach is only one factor in the analysis.) You should definitely consult a maine divorce lawyer to get a more specific and useful opinion. Remember that investing in quality legal...

    2 lawyers agreed with this answer