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Mary Elizabeth Yarbrough
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Mary Yarbrough’s Answers

177 total


  • I filed for a divorce in VA our home he was to live in but keep up house payments but didnt house foreclosed last year

    how do i go about getting my part of the money my now X husband owes me in from the was to be a sale of our house and its value at the time of separation he lived there for 3 years free not making one payment and i just found out that there is a ...

    Mary’s Answer

    You need to pursue help in they state where this relief was ordered.

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  • I think my marriage is able to be saved. Can I tell the judge?

    I think my marriage is able to be saved. Can I tell the judge and them order consoling?

    Mary’s Answer

    If you are proceeding on the basis of irreconcilable differences, otherwise known as an uncontested divorce, then you may be able to ask the court to enter an order of reconciliation if your spouse agrees. In my experience it is unlikely that the court will order the parties to marriage counseling, however the court will usually suspend divorce proceedings in order to provide time for the parties to reconcile their marital differences with the help of counseling. Again it is likely that your spouse will need to agree to this. You should speak to your attorney about your options and how to proceed. Good luck.

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  • Divorce decree does not state anything regarding overnight visitors of the opposite sex while children are present.

    The mother of my children and I have equal custody and are both primary. Their mother is having a male stay overnight while the children are present. I have reasonably asked for her not to have male visitors over while the children are there. Stat...

    Mary’s Answer

    Frequently parties will agree to a mutual "paramour" clause restricting the exposure of dating partners to the children. Without such a clause, your ex is within her rights to have overnight guests unless to do so is harmful to the children. Speak to an attorney who can analyze the facts in greater detail. You may be able to pursue a modification of your order to address this issue.

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  • MY daughter is 12. can she decide where she wants to live?

    her father is an alcoholic. hes verbally abusive. threatens suicide in my daughters presence. we have joint custody. the cops were called recently bc he was shooting guns in the air. she doesn't get along with him at all. they fight constantly.

    Mary’s Answer

    With all of those issues, the child's preference is the least of what the judge would need to consider to determine that her best interests are not served by living in that environment. See a lawyer as soon as possible to discuss your options to pursue a change to your current order.

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  • What is a parenting plan? I keep hearing this term used. I want to not be unprepared, Could I myself prepare a parenting plan?

    Is this something I can help prepare ahead of time? Are there any forms or documents that I can prepare for my court appointed attorney ahead of time? Are there any kind of standard forms that one can prepare ahead of time that would make me seem ...

    Mary’s Answer

    You need to retain an attorney prior to "the day of". You are only entitled to a court appointed lawyer in criminal cases and a very limited type of civil cases. There is no right to appointed counsel for a divorce.

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  • If my (one night stand)girlfriend voluntarily terminates her rights to our son,will I get full custody ? with out going to court

    after a one night stand I am the obvious father of a 4 month old. I have physical custody the mother has basically given him to me. when he was born her stepdad signed the birth certificate after finding out the baby had drugs in his system,to kee...

    Mary’s Answer

    You need to first establish paternity and have the birth certificate changed to reflect you are the father. The mother can surrender her rights under certain circumstances. This is a complex area of the law and you need a lawyer. Hopefully you can find one you can afford because this is not an area you should attempt to handle on your own.

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  • I am a stay at home mother and I want to get a divorce. I want primary custody of my two toddlers.

    Do I need a job to be Awarded primary custody? I am actively looking for one to be sure I'll be able to support myself and my children, however I'd like to file as soon as possible. My husband is military and would probably agree to giving me pri...

    Mary’s Answer

    I agree with both of the previous responses. The court would likely consider your role as a primary caregiver/stay home mother as strong evidence you should be the primary parent. I agree you should sit down with a lawyer ASAP who is familiar with military divorces. Several Shelby Coubty attorneys are suitably experienced in that area and family law. Good luck.

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  • At what age can a child choose which parent he/she chooses to reside with? i have heard 12 years old.

    the mother is the custodial parent but my 11 year old wants to stay with me, the father. i also have a daughter and another son. they are 13 and 8 years old.

    Mary’s Answer

    The child can never choose with whom he or she will reside. The court can consider the reasonable preference of the child at 12 or older but in my experience most judges do not give that preference a lot of weight. The court must consider all of the circumstances and make a decision as to the child's best interests.

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  • Divorce lawyer!

    Looking for an inexpensive divorce lawyer. It's simple! We both have already seperated just need to make this legal! No properties or assets or anything like that. Just 2 kids that's all. I found one for 800 just looking before I go to her. Got ma...

    Mary’s Answer

    Children's issues like parenting schedules, decision making and child support are often complicated and difficult to resolve. If you and the other parent have agreed upon all issues for your parenting plan then you should be fine selecting an inexpensive lawyer.

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  • Can I be made to pay back child support if I have proof that the Mother and I had the child 50/50 after we separated until now?

    Divorcing. After we separated in 2014 we both had the child 50/50 (week to week). I have receipts to prove I paid for babysitting on my time. We quit that arrangement because she got mad when I suggested to go ahead & start the visitation change s...

    Mary’s Answer

    You need to sit down with a lawyer and work toward a parenting schedule that is better for your son. Then, calculate child support.

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