Skip to main content
Brian Daniel Perskin
Avvo
Pro

Brian Perskin’s Answers

637 total


  • Is there a statute of limitations for a divorce decree dated August 2007 in New York State?

    I have not received the full amount of money from my ex-husband as stated in the divorce decree - this has caused me to not sign the quit claim on that home. Do I have to sign this or do I still own 1/2 of the house since my name is on the title ...

    Brian’s Answer

    You may want to look into filing an enforcement petition if your ex-husband is not abiding by the terms set forth in your agreement.

    See question 
  • I am try to find an attorney in Arkansas that can assist me with a divorce summons from the state of Michigan.

    Can I find a attorney in Arkansas that can assist me with a response to the summons or would it be best to find an attorney in Michigan?

    Brian’s Answer

    You will need an attorney who practices in Michigan. Its unlikely that you will find a lawyer in Arkansas who is also licensed to practice in Michigan.

    I suggest searching for a lawyer in Michigan, and scheduling a phone consult to discuss your case.

    See question 
  • Can I deny phone access to the other parent while on vacation?

    The other parents wants to talk with our child while we are on vacation. Can I deny phone access during this time ? Or allow the child to make the choice if they want to speak with the other parent. Order says that child and parent should have rea...

    Brian’s Answer

    You shouldn't restrict phone access between the child and other parent while on vacation. The other parent can get mad and can bring you back to court for a violation of your custody order. This is a waste of time and money. Let the child take on the phone with their other parent.

    See question 
  • Can my spouse and I live together and file for legal separation?

    We have two young children and I am going to school full time and working part time while my spouse stays at home with the children. We reside in different bedrooms and generally avoid each other unless it pertains to our children. Living in diffe...

    Brian’s Answer

    You two will still be able to share a home after becoming legally separated. Lots of couples with children have alternative living/parenting arrangements like this after they have divorced or separated.

    See question 
  • Do I even need an attorney??

    I was married July 2005 in Tampa fl. We had separated on 02/12/12, just before Valentine's day. Our marriage ended then and I only saw him one time in Nov 2012 to get a ride to Walmart. In the last 2 years I've moved on and tried to find him to fi...

    Brian’s Answer

    Speak to an attorney immediately. An attorney or private investigator should be able to locate him so he can be served with divorce papers.

    See question 
  • Wife filed temporary DV restraining order. do I need to get a divorce lawyer? Can I take my money out of the bank?

    She made false accusations and our kids (all over 18) are willing to testify to that if needed. I have no where to go and am the only income in my house. I have court 8-27 but need to be prepared. If she went this far, who knows what else she wil...

    Brian’s Answer

    I agree with Mr. Gross. I'm assuming she is filing for divorce (or has already), and you do not want to try to proceed without representation.

    See question 
  • Who gets the house when the deceased has no mother/father/siblings/spouse? First cousins then uncle/aunts?

    My cousin passed. Her immediate family members are deceased. First cousins and 2 uncles and 1 aunt are alive. Who is entitled to the assets if there is no will and in what order? Is it the aunts and uncles and if they're deceased the first co...

    Brian’s Answer

    You need to speak to an attorney who is well versed in probate matters. You can do so by performing a search here on Avvo.

    Good luck.

    See question 
  • I want a divorce

    I've been separated from husband for over 2 years and want to be able to get the divorce. He says he will not sign. I have a very limited income. I'm on disability. I don't want anything. He can keep it all. No alimony. Child is 18 I just want t...

    Brian’s Answer

    Go ahead and file for divorce. You can do so yourself, but I suggest hiring an attorney. Different lawyers charge different fees, so call around to a few local lawyers to get an idea of pricing.

    You can also call your local county bar association, or look them up online, to see if there are any help centers in your area.

    See question 
  • Will my wife do jail time

    For commiting adultry, more than once, plus have a man living with her who is also saying he has slept with her.

    Brian’s Answer

    No, she will not do jail time for committing adultery. There are much more serious crimes our judicial systems has to prosecute.

    You may be able to address this issue in divorce, though. If interested in doing so, contact an attorney in your area for a consultation.

    See question 
  • What is a first step of getting a life without sentence overturned.

    how to get 3 life sentence overturned, and how to be able to get a retrial. and where to start at.

    Brian’s Answer

    I agree with Mr. Brosnan. There are way too many facts and details that need to be discussed. There is no way any of this can even be attempted without the help of a qualified and experienced attorney.

    Begin your search here on Avvo. Make appointments to meet, in person, with lawyers in the Birmingham area.

    See question