Laurel Stuart-Fink’s Answers

Laurel Stuart-Fink

Bingham Farms Divorce / Separation Lawyer.

Contributor Level 15
  1. I asked a question a few days ago about my husband wanting a divorce and what i might be entitled to.

    Answered about 1 year ago.

    1. David B. Carter Jr.
    2. Laurel Stuart-Fink
    3. John F. Brennan
    4. Peter L. Conway
    5. Daniel Findling
    5 lawyer answers

    You can file for divorce and request an award of alimony from the court. Your husband can contest the award. Either the two of you would reach a settlement (compromise) or the judge would eventually make the decision for you. I am familiar with your previous question and my advice remains the same: you need to consult regarding the details of your case with an experienced family law attorney so that you have a full understanding of how the divorce process works and what your rights are. Your...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I was married in 1992 and have been separated since 1996 non legal just walked away would I still be legal married .

    Answered over 1 year ago.

    1. Laurel Stuart-Fink
    2. Henry S. Gornbein
    3. Philip Douglas Cave
    4. David Alexander Browde
    5. Brenda J. Richard
    6. ···
    6 lawyer answers

    Unless he is deceased you are still legally married, and must obtain a legal divorce in order to re-marry. With Internet resources, you should be able to ascertain whether he is, in fact, still alive. Further more, if you "walked away" to a place where he could not find you, he may have obtained a divorce, so you should check the county records where he was living. A divorce without property to divide or minor children would be a simple matter and could be accomplished in 60 days. Laurel...

    12 lawyers agreed with this answer

  3. How to get spouse to pay my attorney fees?

    Answered about 1 year ago.

    1. Laurel Stuart-Fink
    2. John F. Brennan
    3. Scheherazade B Rastegar-Djavahery
    4. David B. Carter Jr.
    4 lawyer answers

    If your spouse makes significantly more money than you or has tied up assets so that you cannot access credit or funds, a motion requesting contribution to attorney fees will usually be treated favorably. It is never a good idea to represent yourself when the other side has an attorney. The sooner you retain an attorney, the sooner your rights can be protected.

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  4. Does my boyfriend have to let his wife move back into the house once she has moved out

    Answered 10 months ago.

    1. Laurel Stuart-Fink
    2. William S. Stern
    3. John F. Brennan
    4. David B. Carter Jr.
    5. Robert E. Harris Jr.
    5 lawyer answers

    If they are married, she is an equal owner in the home, and can certainly choose to return to her home. He needs to think about filing for divorce and requesting an order for exclusive possession of the home to prevent her from moving back in, based on her apparent abandonment of the marital home. You may want to consider the wisdom of living with a married man - and I don't mean the morality, but the obvious chaos this is creating for you and your children. I wish you all the best.

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  5. Do I have to start my divorce all over?

    Answered 6 months ago.

    1. Laurel Stuart-Fink
    2. Eileen Warshaw
    3. William S. Stern
    4. Neil M. Colman
    4 lawyer answers

    No, you do not have to start the divorce over. His attorney will certainly request that default get set aside, but given how long it has been that request may be denied. He has to be able to demonstrate a sufficient reason to set aside the default. However, even if it is denied, the court must enter a fair and equitable settlement. Therefore, you should come prepared with a proposal that is fair and that the court can live with. You should also consider retaining a family law attorney to...

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  6. Divorce discovery - personal email and passwords

    Answered 10 months ago.

    1. John F. Brennan
    2. J. Matthew Catchick Jr.
    3. Laurel Stuart-Fink
    4. Daniel Findling
    4 lawyer answers

    This is one of many questions you may have concerning the law and legal procedure as your case progresses, and points out the need for an attorney to protect your legal rights and interests.

    10 lawyers agreed with this answer

  7. If I divorce after 26 yrs, stay at homehome-maker.Husband on soc sec and VA disability can I recv alimony and stay in home?

    Answered over 1 year ago.

    1. Laurel Stuart-Fink
    2. Henry S. Gornbein
    3. John F. Brennan
    3 lawyer answers

    While you would certainly be a good candidate for spousal support/alimony, the hard cold truth is that you can't get blood from a turnip. That is, any support you receive will certainly be dictated by his ability to pay, and it sounds as if that is quite limited. However, the division of property might be weighted in your favor in consideration of his lack of income, although it doesn't sound as if there is much property either. I strongly recommend that you consult with an attorney experienced...

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  8. My husband and I have decided to use one lawyer divorce. He wants to be the plaintiff. How will this affect me?

    Answered 8 months ago.

    1. Laurel Stuart-Fink
    2. Peter L. Conway
    3. John J. Keenan
    4. Neil M. Colman
    5. John F. Brennan
    6. ···
    8 lawyer answers

    Mr. Conway is correct. Understand that your husband's attorney has NO obligation to protect your interests. In fact, s/he is only permitted to promote your husband's best interests. You have already learned that you cannot trust your husband. Do yourself a favor that will pay off for the rest of your life. Retain your own attorney.

    9 lawyers agreed with this answer

  9. What should I do about this mistake on "complaint for divorce" form?

    Answered 8 months ago.

    1. Laurel Stuart-Fink
    2. John F. Brennan
    3. David B. Carter Jr.
    4. Howard G. Van Den Heuvel
    5. Daniel Findling
    6. ···
    6 lawyer answers

    You should not modify a form that has been date-stamped by the court clerk, so just leave it as is. You can either file an amended complaint correcting it or just bring it to the court's attention when you appear. Most importantly, it must be correct on the "Record of Annulment/Divorce" form that will be filed at the conclusion of your case, and in the judgment, of course, if you are going to restore your former name. You might find it helpful to retain the services of an attorney, even if only...

    9 lawyers agreed with this answer

  10. My husband will not disclose his IRA and 401K amounts. How can I obtain Legal copies of both of them?

    Answered 10 months ago.

    1. William S. Stern
    2. Laurel Stuart-Fink
    3. John F. Brennan
    4. David B. Carter Jr.
    5. Peter L. Conway
    6. ···
    6 lawyer answers

    I hope you will not consider my response to be flippant, but one of the very important things that a family law attorney can do for you is called Discovery - the process by which information concerning marital assets and debts is obtained. Your question, whether intended to be or not, is really requesting in primer in how to practice law. I would strongly encourage you to retain the services of an experienced family law attorney to assist you in obtaining all the information necessary to...

    9 lawyers agreed with this answer

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