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Brian Daniel Perskin
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Brian Perskin’s Answers

928 total


  • Is the custodial parent required to obtain permission from the court to move the kids out of their home state and jurisdiction.

    Why wasn't my ex required to notify me of his plans to move out of the state

    Brian’s Answer

    Was there a custody order in place, detailing how an out-of-state move were to be treated? If so, your ex should have filed a petition for relocation. The court needed to have approved this before the move.

    Speak to an attorney for your next steps.

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  • Can I divorce without my wife's signature?

    I live in Oregon, I'm trying to divorce but my wife doesn't want to. What are my options? Can I turn the divorce in without her consent?

    Brian’s Answer

    Your wife doesn't have to consent to the divorce. She can either acknowledge it once served, or ignore it. Acknowledging it and fighting it can be costly. Retain counsel.

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  • What should I do, if she just moves out, take our cat Ollie with, she surprised me with divorce papers. I don't want to loose he

    Hi, I need to know what to expect, me and my wife have been married for 5 years. Had our ups and downs. Couple of weeks ago we went out for her birthday, I got her a new wedding ring and this night of the birthday she didn't wear her ring (we we...

    Brian’s Answer

    If she wants a divorce, then she will be able to get one.

    I suggest speaking to a divorce attorney, just to get a better idea of everything. Retain if she files and has you served.

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  • Got my stuff saw chick exit bk door, I was abused unda crtn categories, I hrd he inherits $ etc if his fam passes! Wait it out?

    1. I was going to go pro se on my divorce procedure, however I have to figure out if there is any alimony that I cld receive BC my husband threw me out and I decided after multiple times happening I was done being told to leave! 2. He receives SS...

    Brian’s Answer

    Any property your husband may have inherited is his sole property, unless your name was also included in the inheritance or if the asset was co-mingled.

    You should really look into retaining an attorney in Saratoga County. If you can not afford one, contact your local county Bar Association or Supreme Court to inquire about assistance programs.

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  • If I can show evidence about the unfaithful of my wife, in case of divorce, could I get the children's custody?

    My wife wants to divorce and also wants to stay with the children who are under age, she is the only one that this employee and I'm unemployed, but I've in charge of caring for the children while she goes to work or travel. I have seen that she ha...

    Brian’s Answer

    If you can prove you are the primary caretaker, you may be able to get physical custody of the children. Speak to a local divorce attorney for more in-depth information.

    As a side note, the court doesn't care if your wife cheated.

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  • My husband and I are trying to get custody of his daughter from a previous relationship, where do we begin?

    My husband has a seven year old from a previous relationship that we are hoping to get custody of. What is the best approach for starting this process? Her mother is in and out of jail and has a known drug problem. She usually is not even in the c...

    Brian’s Answer

    You would need to file in the county that the child lives in. Search for an attorney who practices there on Avvo, and schedule a phone or skype consultation.

    Best of luck going forward.

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  • File for divorce in Colorado or Texas?

    My wife and I have lived in Colorado for the past two years. She will be moving back to Texas. Can the divorce be filed in either state?

    Brian’s Answer

    If you wanted to get the ball rolling on this faster, you can file in Colorado. Or, you can wait for your wife to establish residency in Texas before she files. Keep in mind that if your wife files in Texas, you will need to retain a lawyer there and will be bound by the laws of that state.

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  • My husband and I are getting a divorce, can I get assistance from him for a place to live and some kind of support thereafter?

    I only work limited hours per week due to a disability, $500.00 per month and I am not old enough to collect my social security yet as does my husband. However...I did work full-time hours for much of our marriage. My husband collects a retirement...

    Brian’s Answer

    As stated previously, if your husband was the monied spouse, then you are probably entitled to some form of spousal support. Don't let him threaten you over this.

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  • What is the quickest and least expensive way to obtain a divorce?

    56 y/o female have been separated from husband over 30 yrs, no divorce.

    Brian’s Answer

    Assuming you know where your husband lives, and both of you agree to the divorce, you should be able to file an uncontested case. Whether or not the two of you have any joint assets will determine how "easy" the divorce will be. Contact a local matrimonial attorney for more info.

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  • In choosing an attorney, how do I go about finding one that has a favorable relationship with my judge/commissioner?

    After watching Divorce Corp on Netflix, it appears that like every other institution in America, the family law court is corrupted. This movie revealed that outcomes are based on the relationships between lawyers and judges and oftentimes financia...

    Brian’s Answer

    Is this a serious question?

    When choosing an attorney, do your research. Read their website and reviews. Experience will trump anything else.

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