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Monika U. Holzer Sacks

Monika Sacks’s Answers

30 total

  • I need to domesticate an order in FL for child custody and divorce from AL

    Is there any certain way to go about domesticating the paperwork as neither party lives in the state of AL anymore.

    Monika’s Answer

    You should contact an attorney in the county where the order will be domesticated. In some states, this is called registration of the order. The procedure for custody is governed by the Uniform Child Custody Jurisdiction Enforcement Act that has been adopted by Florida. You should obtain a certified copy of the order from the Alabama court where it was entered. Then you need to submit the order to the appropriate Florida court. Your attorney should know where that will be. There is usally a form that the clerk of the court will need to have filled out. The other party in your case needs to receive a notice of the registration and have an opportunity to object.

    You may also want to discuss your expectations for having the order registered, to be certain that you are using the proper procedure to meet your expectations.

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  • Divorce question

    My final divorce hearing is in the morning and now he is stating he wont be there. Papers are signed and is uncontested. Will they grant the divorce?

    Monika’s Answer

    If you are the Plaintiff, you can proceed without your spouse at the final hearing, provided that all the papers are signed. If they are not, they may allow you testify and supply the remaining paperwork later. You will not divorced until the Judge signs the Judgment of Divorce. I you are receiving child support or spousal support, you will also need to submit the Friend of the Court Judgment Information Form, the Uniform Child Support Order and the Uniform Spousal Support Order. These need to be signed by your husband, too.

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  • Am I entitled to equitable property division of house aquired during marriage which was paid for by spouse's father ?

    Divorcing after 8 years of marriage. Our house was paid for by Father-in-law and given to us but title is in husband and father-in-laws name with each named as survivor .During marriage I was the main breadwinner and supplied health insurance for ...

    Monika’s Answer

    In general, property acquired by the couple during a marriage is subject to division in a divorce. There are exceptions to this. For example a gift to one party from his family can be separate property, meaning that he receives the asset in the divorce without giving his spouse a share of the value. However, if the spouse contributed to the acquistion of the property or the maintenance of the property, she may be entitled to share in its value. Generally, a marital home is maintained by both parties. Questions to ask include, who paid the taxes, insurance, maintenance, utilities on the property? Who physically did the cleaning, gardening, decorating and physical upkeep of the house? Assuming these tasks were shared with wife, she may have a claim. Also, the court will look at what other assets there are in the marriage.

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  • In a divorce if the wife has inherited property can she claim the husbands equity on his property

    In divorce of 9 yrs the wife has inherited property or has property but the parents of the wife is alive can the wife claim martial property and equity of the husband property? the wife has not live on the property or the home

    Monika’s Answer

    I believe this question is similar to the last question. If wife has inherited the property, meaning the title to the property has transferred to her name after someone has died, and she has not added husband's name to the title, then it would be considered separate property in Michigan. However, if husband helped her acquire the property or helped maintain the property, then he may have a claim to it's value.

    If husband's property was purchased during the marriage with money earned during the marriage, it would be marital property. if the property is jointly titled in husband and wife's name, it would be marital property. Marital property is divided between the couple. If the property was owned by husband before the marriage and wife's name is not on the title, the property is separate property unless wife helped in the acquistion or maintenance of the property. If husband added wife's name to the title of the property, she may have a claim on the equity.

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  • In a divorce if the wife has inherited property in foreign country can she claim the husbands equity on his property

    In divorce the wife has inherited property or has property but the parents of the wife is alive can the wife claim martial property and equity of the husband property? the wife has not live on the property or the home

    Monika’s Answer

    If wife has inherited property in a foreign country, meaning that the property has transferred to her after someone died, and she has kept the title to the property in her own name, separate from her husband, then generally it is considered separate property under Michigan law, if there is a divorce between husband and wife. There are exceptions if the husband has contributed to the acquisition or maintenance of the property.

    There is not enough information about husband's property. Is it held in joint names? If yes, then wife has an interest in the equity. If the property belonged to her husband before the marriage and wife's name is not on the title, it would be separate property. Wife would not be entitled to share in that property equity.

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  • If i buy a home during separation period from wife, with my own funds, after settlement agreement, does she have rights to it?

    my wife and i separated April 12, she moved into a place on the 19th and i gave her 90 percent of our bank account. We removed her from all my accounts, and drew up settlement agreement papers stating as of May 1st all property has been divided. ...

    Monika’s Answer

    Until you are divorced, your wife has the right to dower under Michigan Law. You should check with a lawyer regarding how to protect this asset. You will need to communicate with her since the property you are purchasing should be mentioned in your settlement agreement and awarded to you. By doing so, she is indicating her willingness to not make a claim against the house. The bank that is financing the house will also need her signature agreeing to give them the rights to enforce their mortgage rights against her dower rights. There will have to be communication in order to close. Therefore, your lawyer should talk with her lawyer to get this cleared up.

    If you can delay the closing of the house until after the Judgment of Divorce is entered by the court, she will have no dower claim on the house. That may be a better alternative in your case.

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  • My ex-wife and I agreed that we wouldnt go through the courts for child support 16yrs ago. Our divorce papers state this fact.

    My ex-wife and I agreed at the time of our divorce that we wouldnt use the courts to delegate any child support matters. Our divorce papers state this fact. After 16 years she has stated, that she is going to take me to court to obtain more suppor...

    Monika’s Answer

    The Court has jurisdiction over child support as stated by the prior attorney. Whether the amount of support will change depends on your situation now. Parents cannot waive support for minor children. Therefore, either parent can ask the court to review the support amount provided there has been a change in circumstances. Generally, the courts refer to the Friend of the Court which will want to see your last 2 years of income tax returns and your current pay stubs. Your income information will be considered along with the amount of time that you spend with each child. The state guidelines are mandatory, though the parents can agree to deviate from them. Child support can only be changed prospectively.

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  • Whats the best way to retrieve a car after it was awarded to me in a divorce.

    i was awarded a car in my divorce my ex wont give the car back, i know her sister is has it what the best way to go about getting it back

    Monika’s Answer

    If you worked with an attorney to get your divorce, the attorney can file a petition asking the court to hold your former wife in contempt. She will be required to explain to the judge why she is not complying with the Divorce Decree. The judge may award you attorney fees. You are entitled to file the petition without an attorney too. If the car is specifically described in the decree, the judge should not have any difficulty in ordering her to comply with the order. However, if the car is not specifically described, you should definately talk with an attorney about your options.

    You could talk with your former spouse about options for getting the car. 1) File the motion described above. 2) Turning over the car.

    Make sure that all the things that you were supposed to give her have been done or are on schedule for being done. If you take legal action, you can expect that she will retaliate.

    I am licensed in Michigan only. This answer is not to intended to provide specific information about California law.

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  • Cost of separation/divorce married 17 yrs 1 child 14yrs old

    I'm in a verbally abusive marriage i'm a breast cancer survivor. Want to move out of bad situation.

    Monika’s Answer

    The greatest single determinant of how much a divorce will cost is the level of conflict between the two of you.

    The best way to reduce costs is to try to settle the case with the help of a mediator. You should each have an attorney who has been trained in mediation, if that is possible. Two of our three judges in Washtenaw County require mediation at the beginning of a new divorce case. That helps channel your husband and you into the process.

    Another alternative dispute resolution process that helps to reduce costs is collaborative practice. You will each need an attorney who has been trained in collaborative divorce.

    Both processes help you manage your anger and focus on what you child needs and how you can provide it. They also help you achieve a respectful, civil property settlement.

    The analysis you need to make is what is it costing you to stay in the marriage. You have determined that the benefits of this marriage and not worth the cost. Then focus on your what you new life can be. I suggest you confer with an attorney to help you realistically plan.

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  • How do i get an attorney if i cant afford one

    my husband jus up and left with out any warning..emptied out our joint checking account ..i am a stay at home mom...he has a lawyer......i cant even consult with one because they charge for that...we have 4 children... i am scared and dont know w...

    Monika’s Answer

    Congratulations on asking the question. The worst thing you can do is become paralyzed by fear. Please act to protect yourself and your family.

    Check to see what resources there are in your county. There may be a women's resource center who may have suggestions for you. If there has been domestic violence, contact the local shelter. Depending on your family income, you may qualify for legal aid.

    Look through all your financial materials. Determine the amount of your husband's income. Make a list of your assets and your debts. Find out what he took from the check book. A lawyer may be willing to take the case based on the assets you own or based on a motion to have half the money turned over to you. The judges in your area may award your lawyer the same amount of the retainer as your husband paid.

    If you do have not much money or assets in your immediate family, look to your family and friends for help. Sometimes extended family and friends want to see you protected and well provided for and will pay for the attorney. Now is the time to swallow your pride and open up to your family and friends to your situation.

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