My husband doesn't think the marriage can be fixed but I do cause we have never been to councling can't the judge send us to marriage councling.
It is unlikely that the Court will order either spouse to attend marriage counseling. Judges tend to conclude that parties ordered to attend counseling may show up physically but not be willing to truly engage in the process.
If your husband is willing to go to counseling, I have a number of excellent marriage counselors I recommend who may be able to help the two of you reconcile. It is one of my firm's goals to help families reconcile wherever possible.See question
My wife filed a financial affidavit under oath with the court system where she is doubling her monthly expenses.(We spent $7k per month on household expenses, all of a sudden on the affidavit, these same expenses go up to $14k) She is we...
Your attorney can Cross Examine your spouse to impeach her, which means to show she lied or misrepresented the facts in her Financial Affidavit. This will cause her to lose credibility with the Court and so the Judge has the power to find her Financial Affidavit untrustworthy and to make findings contrary to the amounts she says she spends. In my experience, I have found that Judges tend to punish those who lie on their Financial Affidavits.See question
SUCH AS MEDICAL BILLS THAT HAVE GONE TO COLLECTIONS ?? OR A DECEASED SPOUSE ..
We are not a community property state and by the Doctrine of the Necessities the hospital cannot pursue the other spouse for payment of the hospital bill.
However, if the medical bill was incurred during the marriage, it is arguably a marital debt and so both spouses are equally obligated on the debt as part of the division of marital liabilities in the Family Law Court. So the Family Law Judge can apportion that medical bill as a debt between the parties in equitably dividing the marital assets and liabilities in the case.See question
Right before my ex spouse filed, he took it upon himself to take complete control of all finances, took our savings including pay roll and moved it to another bank account which I have no access to and closed joint bank accounts. 2 mediations have...
Yes, it absolutely is worth bringing up. Your husband's use of marital funds to pay for an adulterous relationship is considered under the law to be a waste of marital assets and you are entitled to an amount equal to what he has wasted on the adulterous relationship off the top. Although the alimony statute does reference adultery, the case law does not allow the court to punish the adulterating spouse regarding the amount of alimony awarded . However, judges are human beings and most will take that into consideration even if they don't say it overtly when they make their rulings. Also if your husband makes substantially more than you, the court could make him reimburse your attorneys fees. The number one and number two factors the court will consider in an alimony case are whether he has a financial ability to pay alimony and whether you have a financial need to receive alimony.
I wish you well.See question
My husband and I were legally married in Arizona in May, we currently live in Florida. His ex-wife heard about the marriage and contacted him saying she never filed the divorce papers 8 years ago in Colorado where they lived, so he is still legal...
I can't speak to Colorado law but if he was not divorced prior to marrying you, then your marriage to him may well be void and he may have committed a bigamous marriage. You should check with the Colorado court to see the status of that divorce before pursuing anything in Florida.See question
My husband of 2 years is wanting a divorce from me, we have a 1 year old and I'm his primary care taker! We share no property or any other assets! I just want to do what steps I need to take to make sure my baby and I are taken care of! Thank you!
Children's issues are some of the most complex and important in any family law case. You have such a young child that whatever happens in your case is going to impact you and your 1 year old for the next 17 years in the Court system and for the rest of your lives after that. So it is critical that you have a very detailed and carefully worded Parenting Plan which provides for all Timesharing issues, transportation, extracurricular, unriembursed medicals, school jurisdiction, a Right of First Refusal and a myriad of other concerns that will intimately impact you and your young child.That can be drafted prior to or after filing your Petition for Dissolution of Marriage, or before,during or after Mediation. Ultimately, if you cannot agree with your spouse on these issues, you may need to take this before the Judge. You should at least meet with an experienced family law Attorney to learn more about the law in this area and your legal rights.See question
she will not let me have access to the children at all
I assume when you say you are "in the process of a divorce" that the Petition for Dissolution of Marriage has been filed and it sounds like it has been over 100 days and so Mandatory Disclosure is way past due and you should have been to Mediation by now. Orange County has a standing Administratve Order that states the both Parties have an equal right to the minor children. I would file a Motion for Temporary Relief and get a Hearing as soon as possible to see the Judge to get your Timesharing started and I would seek "make up" timesharing for the time you have missed because of your spouse's actions in withholding the children from you.See question
I am beginning divorce paperwork and I am considering asking the court to randomly drug test my ex because I know she is a drug user. My children are pre-teens and have started mentioning the drug use to me. I don't want to make things too complic...
It is better to raise this issue in the initial Dissolution of Marriage proceedings than in a later Modification Proceeding as you have a better chance of protecting your children if you do something about this up front. It is far more difficult to do something later because if you want to try to change the timesharing after the divorce you will have to show a substantial change in circumstances among other things to modify the timesharing later to reduce it to less than the 50/50 being proposed. If you have some credible evidence of drug use now then now is the time to bring this to the Court's attention or to seek agreement on some better protections in the Parenting Plan.See question
My ex didn't sign didn't show to court I filed a default had my final hearing may 14th which he didn't show the magistrate sent in his report and recommendation which stated that the marriage is broken. I also turned in a agreement to waive reci...
There is no specific deadline or time period in which the General Magistrate has to file the Report and Recommendation with the Judge. However, I would suggest you give it another 10 days or so and if you have not heard anything, you can call the Magistrate's Assistant and ask what the status is. As long as you are respectful, there is nothing wrong with being a bit of a sqeaky wheel to help move the process along.See question
attorney to be served on him, or do I have to give to his attorney and hire ap rocess server. I used the form that has the counter with the answer...any help is ppreciated, i have no money for a lawyer he took everything and left
Yes, you need to send a copy to your husband's Attorney. If you have very limited assets and no minor children and you feel very confident in representing yourself, you can certainly do that. I would recommend though that before you sign anything in the way of a Marital Settlement Agreement, you take it to an Attorney for an Initial Consult simply to look over to let you know if the settlement is at least in the ball park. You should not agree to anything until you have done this and have received your Husband's Financial Affidavit and Mandatory Disclosure so you know what you are agreeing to.See question