Melissa L Isaak’s Answers

Melissa L Isaak

Montgomery Divorce / Separation Lawyer.

Contributor Level 9
  1. What is the punishment for lying lots and lots of time in court?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Melissa L Isaak
    2 lawyer answers

    Mr. Lewis is right. There are many possibilities of how a judge may react to perjury. Unfortunately in domestic cases, there may be no punishment for perjury per se, but your ex husband may not be very happy with the judge's ruling once the judge becomes aware of his dishonesty. Keep recording and make sure you do the right thing no matter what your ex husband does or says. In the end, your child will see your integrity and appreciate you as a mother who acts in their best interest. Good...

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

    Answered over 2 years ago.

    1. Melissa L Isaak
    2. Mark Christopher Wolfe
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

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  3. SSN

    Answered over 2 years ago.

    1. Melissa L Isaak
    2. Clifford Michael Farrell
    2 lawyer answers

    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...

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  4. DO I need a lawyer to run a legal ad in the paper? If so how much does it cost?

    Answered over 2 years ago.

    1. Melissa L Isaak
    2. John Addison Vos
    2 lawyer answers

    When you were granted a divorce, the issue of parentage should have been addressed since you were pregnant at the time of the divorce. If your then husband was judged not to be the legal father, I assume that your daughter’s birth certificate does not name a father. If there is a man who wishes to adopt this child, you will have to go through the formal adoption process which would require you to file a petition in the probate court. In most cases you will have to run an ad in the paper (...

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  5. How will the judge look at him moving his new girlfriend into our marital home,Before we're divorced?

    Answered almost 3 years ago.

    1. Melissa L Isaak
    2. William Lee Pfeifer Jr
    3. Leon Roger Storie
    3 lawyer answers

    There are so many factors courts consider when deciding distribution of property and custody that it is difficult for your question to be answered in this forum. Some judges are more conservative than others and would not like the fact that he moved a woman in the home to live around the children when not married. However, the conduct of the parties prior to the separation is what will most likely be the focus of your divorce proceedings. The fact that he moved a woman in the home will alone...

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Patrick Mahaney
    2. Melissa L Isaak
    3. Michael Paich
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  7. Could she get a restraining order for texting?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Melissa L Isaak
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  8. Can you be subpeonaed to testify in a divorce court the night before court date

    Answered almost 3 years ago.

    1. Melissa L Isaak
    2. Billy Glen Hall
    3. Mary Katherine Brown
    3 lawyer answers

    Yes. I have had court cases where subpoenas are issued within 48 hours or less. There are several reasons for this; some strategic, some deal with discovery issues, sometimes lawyers just wait but the rules allow it nonetheless. Its not uncommon in domestic cases at all. I have filed subpoenas within 24 hours because I did not locate the witnesses before then so it was a race to have them served. I wish you the best with your situation. Melissa L. Isaak

    1 lawyer agreed with this answer

  9. My daughter has no money, an autistic child and wants to leave her husband. can she leave the state of fla., without a divorce

    Answered over 3 years ago.

    1. Melissa L Isaak
    2. George Joseph Trovato
    2 lawyer answers

    Short answer is yes, your daughter may take her child and go to another state. She can only do that as long as there is no court order keeping her from taking the child out of state. However, I do not recommend your daughter taking the child without her husbands knowledge. If it is her intention to file for divorce in another state, she must first meet residency requirements. If he then files for divorce in Florida, the Florida courts will take jurisdiction of the divorce and will make...

    1 lawyer agreed with this answer

  10. What can my husband really do?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Melissa L Isaak
    2 lawyer answers

    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...

    1 person marked this answer as helpful