Peter Stephen Kirner’s Answers

Peter Stephen Kirner

Cleveland Divorce / Separation Lawyer.

Contributor Level 16
  1. Can I fight a failure to yield ticket and win?

    Answered almost 2 years ago.

    1. Peter Stephen Kirner
    2. Alan James Brinkmeier
    3. Christian K. Lassen II
    4. Jeffrey Allan Leikin
    5. Charles B. Upton II
    6. ···
    8 lawyer answers

    Of course you can fight it. Will you win...I tell ALL of my clients that want to go to trial, this is you and I in vegas, at the craps table. You roll the dice...maybe you win, maybe you loose. IF you want to fight it, I would hire an attorney, then it becomes a question of how much that costs, and if it is worth the time and money. Good luck.

    10 lawyers agreed with this answer

  2. JUDGE AND DEFENDANT LAW FIRM...

    Answered almost 2 years ago.

    1. Peter Stephen Kirner
    2. Christian K. Lassen II
    3. Joseph Jonathan Brophy
    4. Andrew Daniel Myers
    4 lawyer answers

    The answer should be NO, but how would you ever know. I imagine a judge would give more favor to an attorney who he respects more, but all cases should be treated based on the facts of the case. IF you try and have this judge removed, and he says no, what have you accomplished other then upsetting the decider of facts and/or law. Also, I imagine you will be having a jury trial. The judge has limited ability to favor one side over the other. You also have the right to appeal if the "favor"...

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  3. I had my spouse on my health insurance when I filed for divorce. Can I remove the spouse after my spouse moved out?

    Answered 11 months ago.

    1. Peter Stephen Kirner
    2. Lee Alan Thompson
    3. Joseph B Barnes III
    4. Christian K. Lassen II
    5. Tatiana Kadetskaya
    5 lawyer answers

    To the contrary, IF you remove your spouse you could be held responsible for EVERYTHING that is incurred as a result of the spouse being removed. DON'T DO IT, as you will shoot yourself in the foot. The fact that you are even asking this question implies you don't have an attorney. I would get an attorney asap.

    8 lawyers agreed with this answer

  4. Can my daughter claim her 2 children as tax exemptions, even though the divorce settlement gives says her ex can?

    Answered 7 months ago.

    1. Peter Stephen Kirner
    2. Thomas Austin Thompson
    3. Lee Alan Thompson
    3 lawyer answers

    The order of the domestic relations court is a specific court order that she was ordered to comply with. Should she chose to ignore it, she could be found in contempt of court, and ordered to pay attorney fees. ALSO, if she claims them, and he claims them, then the IRS will look for additional documents to see who has the right to claim them. He will provide the divorce decree and they will allow him to claim them. She is always free to do what ever she wants, however, I would suggest she...

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  5. How is retirement divided in a divorce?

    Answered over 1 year ago.

    1. Peter Stephen Kirner
    2. Brian Scott Piper
    3. Monte Kenneth Snyder
    4. Timothy Dale McKinzie
    4 lawyer answers

    YES, there is a formula. It is complex. A QDRO (Qualified domestic relations order) would be prepared and submitted to the court. Such QDRO would divide the marital portion of the account. There are many companies that do this, but my office uses QDRO consultants, out of Medina. They are experts in the industry, and charge about $400 to draft the QDRO. You cannot do this yourself, and I as an attorney will not even draft them, or trust another attorney to draft one. Good luck.

    7 lawyers agreed with this answer

  6. Is Food Stamp or Public Assistant client in a case involved False Arrest, a reason for a lawyer not to take a case?

    Answered over 1 year ago.

    1. Peter Stephen Kirner
    2. Christian K. Lassen II
    3. Robert Bruce Kopelson
    4. Cassandra Ann Rodriguez
    5. Kenneth Lee LaBore
    6. ···
    6 lawyer answers

    Attorneys have a job to do. It is a job. No attorney is under any duty to take any case. It does not matter how badly the law has been violated, or how badly you have been injured, you are owed no duty by each and every attorney who practices. There are plenty of pro-bono attorneys who defend the rights of man, because they feel passionately about that. Others work for a pay check. If the attorney did not like you, your attitude, your case, the facts, what ever, he is not duty bound to...

    7 lawyers agreed with this answer

  7. How much compensation should i ask for, for a collar bone broken in 2 spots?

    Answered over 1 year ago.

    1. Jann Collette Washington
    2. Chris Matthew Limberopoulos
    3. John Maurice Holcomb
    4. Peter Stephen Kirner
    5. Ryan Alexander
    6. ···
    13 lawyer answers

    Every personal injury case has 3 components: 1) liability 2) injury and 3) recovery. You have injury. The question you have, is do you have liability ? The neighbors dog ran out, yes, but did the neighbors dog "legally" cause you to wreck ? Understand that will be the question. This is not a case of clear liability and the other side will certainly be arguing it is your fault. Hire an attorney. Good luck.

    7 lawyers agreed with this answer

  8. I was in a accident and it was a fender bender.. Im 18 with no insurance but the car was insured under my moms name..

    Answered almost 2 years ago.

    1. Peter Stephen Kirner
    2. S. David Rosenthal Esquire
    3. Kevin Coluccio
    4. Michael Shemtoub
    4 lawyer answers

    I agree with counsel. You need to contact your mothers insurance company, as well as an attorney. You are also free to contact a bankruptcy attorney, and they will advise you when, if and how to file for bankruptcy. Just because they are suing you, does not yet mean that you owe this money. You NEED to make some phone calls and get some specific advice. Good luck.

    7 lawyers agreed with this answer

  9. Was rear ended while stopped for a school bus.

    Answered almost 2 years ago.

    1. Michael William Bouldin
    2. Peter Stephen Kirner
    3. Christian K. Lassen II
    4. Jann Collette Washington
    5. Manuel Alzamora Juarez
    6. ···
    6 lawyer answers

    You should expect that the insurance company will offer you as little as possible, as quickly as possible to make you go away. It depends what insurance company it is as well. Understand you have 2 years from the incident to file a lawsuit against the driver, which will be handled by the insurance company, up to the drivers policy limits. He may only have a $12,500 policy or he may have more. At this point in time you do not know the extent of your injury or the treatment required. You...

    7 lawyers agreed with this answer

  10. Can I charge a non-refundable fee for renting a rental house? Aside from the security deposit.

    Answered over 1 year ago.

    1. Peter Stephen Kirner
    2. Andrew A Esposito
    3. Michael J. Caticchio
    3 lawyer answers

    I would advise against it. If you want to charge first months and last months, that is fine. If you want to charge more rent, or a higher security deposit that is fine. But your approach is not a good line of thinking. I have seen mandatory charges like this, and they have been found to be invalid. For example, if you charged a mandatory cleaning fee, it is invalid. The worst thing that you can create for yourself is a situation where you are forced to sue them, they find an attorney, and...

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