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Melissa L Isaak
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Melissa Isaak’s Answers

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  • Can I put an ad in the paper after filing for an uncontested divorce? Will I be able to get legal aide for this?

    I've been wanting to file for divorce for the past 2 years. My ex husband lives somewhere in Texas and won't ever tell me his address. I want an uncontested divorce and want to make sure he signs the papers.

    Melissa’s Answer

    An uncontested divorce is something that is filed if both parties agree to the terms of the divorce. If the two of you do not have an agreement, and do not agree to an uncontested divorce, then your divorce will be filed as a contested divorce. You could file the divorce and have him served at his last known address. If you are unable to serve him there (because he no longer lives there), then you could file a motion to have him served by publication. Generally you have to run an ad in the newspaper where his last resided, one a week for four weeks. At the end of the four weeks, he would be considered "served" and have 30 days to file his response. If he does not respond at the end of the 30 days, then you can file a Motion for a Default Judgment. This should be done for a reasonable price, since most lawyers have forms to do all of this. Good luck to you.

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  • If she is using his name and introducing herself as his wife and him as her husband can i get her for adultery?

    I am married, but we have been seperated for over 5 years. My wife has been intoducing herself married to the man she is with. She also uses his lastname on Facebook. We live in Alabama. I think it is a common law state.

    Melissa’s Answer

    The other answers are correct, in that she cannot get remarried until she is divorced from you. Could she be guilty of adultry? Techinically, I guess she can but it is highly unlikely. If you were to file for divorce and you admit that you have had a long term separation a judge most likely will not grant a divorce based on adultry. If adulty caused the separation, then the divorce may be granted on that basis. Since the marriage seems to be irretrievably broken, I would consider your options for a divorce.

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  • What can my husband really do?

    My husband and I have been separated for almost 11mos (different states). My 2 children (my husband and I's) and I have moved in with a man I've known for 16yrs. I think I may be pregnant by this other man. Is my husband able to take the children ...

    Melissa’s Answer

    It appears that a divorce has already been filed, since you have referenced winning "full custody" in two previous court appearances. Your question “is there time to get a divorce before the baby is born” is a difficult one to answer. The answer to your question depends on several factors, such as if and your husband are able to agree on the terms of the divorce, if he is going to fight you for custody and various other factors common in divorce cases.

    Your husband could raise the issue of adultery. However, adultery is difficult to prove. If you are pregnant, he can certainly prove that you had sexual relations with another man but may not be able to prove that the sexual relations took place prior to the date of separation. Although with an intact marriage the husband is presumed to be the father of the baby, the presumption is rebuttable. If you inform the court that your husband is not the father and/or if he informs the court that he is not the father, you should not have to worry about his name being placed on the birth certificate.

    When dealing with custody awards, the courts in Alabama consider the best interests of the child. Your husband’s history of drug possession and DUI’s will be looked at by the judge, as will any blemishes in your past. I would consult with your lawyer regarding what steps to take next.

    I wish you the best and hope that you and your husband will be able to get along for the sake of the children.

    Melissa L. Isaak

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  • I have entered a divorce decree to the judge. His reply was Failure to submit sufficient pleadings What do I need to do?

    I used a online kit from Rocketlawyer .com which guaranteed 100'% success

    Melissa’s Answer

    Your situation unfortunately is not uncommon when dealing with online companies. Rules differ from county to county and often differ with judges within the same county.

    I would contact rocketlawyer, request a refund and retain a lawyer to help you. Filing incorrect forms will do nothing but delay your case and frustrate the Court. Good luck to you.

    Melissa L. Isaak

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  • Hi, My husband of 19 and 1/2 years asked for a divorce. as far as i know, he just wanted out. No hanky panky. I'm 54, have no

    college degrees. I work at a menial job. We have no minor children. I do not want this divorce, but i will not contest it if he will agree to help me get on my feet. My question is:am I entitled to alimony AND half of his 4O1K? Neither one of us h...

    Melissa’s Answer

    It is not uncommon for both parties to use one lawyer in the case of an uncontested divorce. However, for a divorce to be uncontested, both parties must agree on all of the terms of the divorce. That means every term! If he does not want you to speak to his lawyer then by all means seek representation for yourself. If you sign divorce papers without understanding the terms of the agreement, or sign paperwork which contain terms you do not agree with, it can be extremely difficult to modify the terms later.

    You have a long-term marriage and are entitled to an equitable portion of all property acquired during the marriage – his 401(k) included. Equitable does not mean equal, it means fair. The courts generally look at age, education, ability to earn, the lifestyles that the parties have grown accustomed to and the conduct of the parties during the marriage when distributing property. Generally, you would be entitled to half of his 401(k) which was acquired during the marriage. Alimony is considered based on your needs and his ability to pay. The court attempts to make certain that both parties are able to provide for themselves after the divorce, although the standard of living for both of you may go down. Divorces, especially in this economy, can be a huge financial burden to both parties.

    I would speak to a lawyer in your area. And the advice given previously is correct; you can request that he pay your attorneys fees. Hire a lawyer you feel comfortable with and trust that the courts will make a fair decision in the absence of an agreement between you and your husband.

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  • Can a court supercede the agreement already made by the parents in a divorce

    My wife and I are getting ready to file for divorce. We have mutually areed on everything involving our divorce included the responsibilities and finances of our child. Upon the courts finalizing the divorce, can they supercede our decision or ag...

    Melissa’s Answer

    Although the courts have the authority to supercede the agreement you and your wife have mutually agreed upon, most of the time they do not.

    The Courts generally promote peaceful negotiations and almost always order mediation in Autauga County. The judges would rather that the parties come to an agreement. There are state guidelines as to the amount of child support which must be paid but it is not uncommon to deviate from the guidelines for various reasons. As long as the court is satisfied that the needs of the child will be met, and that the best interests of the children are taken into account, the settlement agreement will most likely be approved by the court.

    It is always a good idea to have a lawyer glance over the paperwork before it is filed. Several lawyers offer free consultations and will give you feedback as to any potential problems. Its great that you have reached an agreement and hopefully you will work together to co-parent your children.

    Good luck.
    Melissa L. Isaak

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  • Could she get a restraining order for texting?

    Been out of the hospital a couple weeks after major surgery, and my girlfriend broke up with me about a month prior. Long story short, it was nasty and cruel and she broke up by texting..never talked to me in person. My 2 best friends tried textin...

    Melissa’s Answer

    I agree with the above answer. I would also take a picture of the text message, its contents and the date and time it was sent. That way, she cannot file charges stating that you texted her threatening messages and have a phone bill to “prove” that you had texted her. I have had cases where women will state they received a threatening message but it was "accidentally erased" and then used the phone bill to prove they received the message. You really do not want to get into a situation where it is a he said/she said.

    I know it may sound a little paranoid, but you never know the length someone will go out of anger or spite. Protect yourself and I agree…….. cut ties! Best of luck to you.

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  • Can I get Food Stamps and other assistance if I have custody of my grandson ?

    Hi I have had custody my my 3 year old grandson for a year. Me and my husband both get social security disabilty. We are going through a hard time and we are in need of help. Does anyone know any information or may know who I could call ? Please h...

    Melissa’s Answer

    You should call the local social service agency in your area. The telephone number for the social services in Greeville SC is 800-768-5700. Just fill them in on your situation and they should be able to guide you in the right direction.

    In regards to custody of your three year old grandson, were you ordered any child support? If not, perhaps you can contact your attorney and inquire about child support.

    Good luck.

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  • I have two kids with my husband and we have been married almost 4 yrs, what is my best route for filing a divorce?

    I need to know what is the cheapest route of filing a divorce, and how long will it take. Also, I would like primary custody of the children, since he has only taken care of the older one MAYBE 8 mths of his and the younger one has seen him 3-4 ti...

    Melissa’s Answer

    To address your first question, the cheapest route for filing for a divorce will be for you and your husband to file an uncontested divorce. Many lawyers have a set fee for filing uncontested divorces. However, for a divorce to be uncontested you and your husband will have to agree on all of the terms of the divorce. It sounds like you are not in agreement at this time.

    It does not sound like your husband is an active participant in the lives of your children. Since you have been the primary care taker of the children, you have an advantage in pursuing physical custody. If you are granted physical custody your husband will be required to pay child support. If he “signs over his rights” as you stated, he will most likely not be liable for child support. If you are asking about terminating his parental rights then no, he will not be liable for child support. However, if he is not given visitation rights to the children but his rights are not terminated, then he will be liable for continued child support.

    Contested divorces can be costly, very time consuming and emotionally taxing on the parties as well as the children. Be sure that you are comfortable with the attorney you select going forward with your divorce. Best of luck to you.

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  • SSN

    Someone tried to use my SSN to get credit card from bank! ( I new immigrant and I remember when I looked for job I have had filled all the applications with my full SSN,then someone told me no to do so,just fill it with last 4 digit numbers) So h...

    Melissa’s Answer

    You may also want to consider placing a fraud alert with each major credit bureaus. When anyone, including you, attempts to open up a credit account of any sort using your SSN, the lender should contact you directly by phone to verify that you really want to open a new account. If you are not reached by phone, the account should not be opened. Just contact the fraud departments of Equifax (https://www/alerts.equifax.com), Experian (http://www/experian.com/fraud) and TransUnion (no online application).

    Good luck to you.

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