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Brian Daniel Perskin
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Brian Perskin’s Answers

591 total


  • For what reasons would a stipulation of discontinuance be filed in a divorce case, only for a 2nd one to be filed months later??

    A friend of mine living in NY had been going through divorce proceedings. Her husband served her papers. After 15 months or more, the case was disposed under a stipulation of discontinuance. Then after 3 months a 2nd divorce case was filed. This...

    Brian’s Answer

    Its very possible that they decided to give their marriage a chance, but later realized that they still wanted a divorce. It doesn't really matter.

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  • I just move to AL for 3 months...I need to file divorce but my ex lives in GA...pls advise, Ty so much

    I've been married for 9 years and I was married in Jakarta

    Brian’s Answer

    File in whichever state/county you are a resident of. Your wife can be served in GA.

    I suggest retaining an attorney to assist you, especially if you need to have documents served over state lines.

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  • Can I raise recent actions in a custody modification?

    My ex and I have 1 week on 1 week off with our 3 yr old daughter(I fought to not have this)We have in our court order we cant have any alcohol around her or 12 hours before we get her.My ex has been violated numerous times and nothing seems to be ...

    Brian’s Answer

    Doubtful. A modification in custody will only be granted if there has been a significant change in circumstance.

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  • Summer vacation

    order says each parent is entitle for two weeks(2) weeks summer vacaition non cinsecutive. so does this mean each parent gets 15 days from Friday or two 7days period which do not come back to back.

    Brian’s Answer

    Each parent gets 2 full calendar weeks (7 days).

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  • After I divorce and if my husband ends up in an assisted living or nursing home, am I liable for any expenses for those facilies

    Before we can enter divorce negotiations my husband needs a guardian to advocate fur him bc of his short term memory loss. His son will be doing it and just waiting for the court to commission him. His son may put him into a care facility. How can...

    Brian’s Answer

    This is a concern your should discuss with your lawyer. If you can not do so because you feel that your attorney is unable to represent you properly, then you should look elsewhere for representation.

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  • What can I do to prove that I'm not for the court? what do I need to do?

    I am looking at a child custody case in my near future and my ex went off the handle and is calling me abusive

    Brian’s Answer

    You need to consult with an attorney as soon as possible. Abuse allegations are very serious, and can greatly impact the parenting time you have with your child.

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  • Where can husband find a reasonable divorce lawyer?

    My wife and I have no valuable assets such as house property or kids

    Brian’s Answer

    Search here on Avvo, or look on Google. Speak to a few attorneys to get a better idea of their pricing, and their plan for your case.

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  • Why wasn't I able to file for an annulment before I reached three months of my marriage?

    I went to see if I would be able to separate from my wife that left me two months after getting married. I was told I wasn't able to do so and that I had to wait for a year of being separated. Although I wasn't married for 3 months, I was told th...

    Brian’s Answer

    Annulments have more to do with the circumstances surrounding the marriage/want for separation, rather than the length of the marriage.

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  • I live in south carolina and my wife in alabama i want to file for divorce do i have to do it in the state we got married.

    i just want to know if i can file in the state i live or do i have to go there.

    Brian’s Answer

    You file in the state that are a legal resident. If that is SC, then you file in SC. Your wife will need to be served in Alabama.

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