Monika U. Holzer Sacks’s Answers

Monika U. Holzer Sacks

Ann Arbor Divorce / Separation Lawyer.

Contributor Level 9
  1. I have been waiting almost 3 years,to get my share of my ex-husband`s Roth account.

    Answered about 4 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    You should be able to transfer a portion or all of the Roth IRA by going to the bank/institution that issued the IRA. Ask for the papers to transfer a portion of it to you. Fill out the papers. Ask your ex-husband to sign the papers, you sign and submit them back to the institution. I don't know whether you want to open your own Roth IRA account to receive the transfer or ask for a payment. You should first find out whether there is a penalty for you cashing the Roth IRA and then decide....

  2. I am waiting on my divorce papers, my ex husband says my boyfriend is not to go to our kids school functions.legally can he stop

    Answered about 4 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    You should follow your lawyer's advice. Some judges will limit third parties from interacting with children especially until the divorce is final. Your lawyer should know what your local judge would say.

  3. Can I get divorced even if i cant find him.

    Answered about 4 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    The Court wants personal jurisdiction over your husband, if that is possible. Therefore, you need to make an effort to find him. For example, contact his family, call his employer, check with his friends. If you have done all the things that might lead you to him, then there is a procedure for notice by publication. You need to petition the court for permission to use this procedure and you will need to detail all the efforts you have made to find him. If the Court is satisfied that you...

  4. Ex wife, child entitled to social security and pension?

    Answered about 4 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    This is question has several parts. Social security: It depends on a lot of factors. His child should not be eligible to draw on any part of it. However, his ex-wife might, depending on whether he and she were married for 10 years or more. Also, has his ex-wife remarried? If they had been married over 10 years and she has not remarried, then she may be entitled to claim against his social security account. But that should not reduce his entitlement to social security. Whether you are...

  5. I live in Michigan. How to I serve papers to Spouse in Northern Ireland?

    Answered about 4 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    In order for Michigan to obtain jurisdiction over your spouse, you need to be able to prove that he received the documents that you filed for the divorce. You should have a summons, complaint and perhaps an order for mediation (depending on which judge you were assigned). If he is as eager as you to get a divorce, send him the documents. On the back of the summons, near the bottom of the form, is an acknowledgment of service. He should sign that and indicate the time and date that he...

  6. Not my legal name listed on divorce

    Answered about 4 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    I assume that you want the divorce and you want to be sure that your legal name is on the divorce documents. The easiest way to proceed is to contact your spouse and ask him/her to agree to correct your name. Then prepare an order to correct name on Divorce Judgment. The order should say that the name of _____________ shall be corrected to be _________________________. The Judgment of Divorce and all other orders are hereby corrected to show the corrected name. Also file an amended Record...

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

    Answered about 3 years ago.

    1. Vera Bergermann
    2. Melissa L Isaak
    3. Monika U. Holzer Sacks
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  8. Can my wife get my inherited property from me when we divorce?

    Answered about 3 years ago.

    1. Celeste A Johansson
    2. Donald Frederick Conviser
    3. Monika U. Holzer Sacks
    3 lawyer answers

    I do not practice in your jurisdiction. Many jurisdictions exempt inherited property from the marital estate if the property was kept separate from the other spouse and that spouse did not have a hand in obtaining the property. For example, your spouse may have cared for your grandfather before he died. You should collect the documents pertaining to the inheritance and consult a lawyer to get an answer. Then you should think about whether it is time to divorce you wife. If not, then get...

    1 person marked this answer as helpful

  9. Can I be charged with abandonment if I leave my husband and the children stay with him instead of coming with me?

    Answered about 3 years ago.

    1. David Perry Davis
    2. Ronald Glenn Lieberman
    3. Monika U. Holzer Sacks
    3 lawyer answers

    You should confer with an attorney in your area who focuses his/her practice on family law and also mediates or uses collaborative practice. You can hurt your case by moving out of the home, without a written agreement that states what time you will spend with the children and how much time the children spend with your husband. Many states measure the amount of time children spend with each parent by the number of overnights the children spend with each parent. Based on what you are...

    1 person marked this answer as helpful

  10. I live in WV and got divorced 8yrs. ago, there was a QDRO granted at the time, since then my x-wife has remarried , is she still

    Answered about 3 years ago.

    1. Monika U. Holzer Sacks
    1 lawyer answer

    I do not practice in your jurisdiction. I suggest you confer with a lawyer in the state where your divorce was granted. A Qualified Domestic Relations Order divides benefits from an employer provided retirement plan. Usually, it divides the portion of the plan that you earned during your marriage to your spouse. The fact of her remarriage does not change the property that the two of your accumulated during the marriage or what you agreed to divide at the end of the marriage. If the judge...