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Diane L. Mader
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Diane Mader’s Answers

133 total


  • My husband and I have a truck titled in both of our names. We are getting a divorce. He refuses to make payments. Am I liable

    In the divorce hearing, he was awarded possession of the truck. He refuses to refinance the loan, and make payments. Is there any way that I can get my name off the title?

    Diane’s Answer

    You should talk with a local attorney for advice but I would say in general that your problem is getting off the loan and getting off the title. Your former spouse may agree to have you transfer ownership (title) to him but it is the payment of the loan that he is not taking care of. If the Court ordered your former spouse to pay the loan and he is not doing so, you may have an action for contempt of court against him. Again, a local attorney can best advise you.

    Disclaimer: This is not legal advice. Answering this question does not create an attorney client relationship.

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  • How do we get clear title to a vehicle that in my husband's divorce from his first wife was mistakenly labelled in the divorce?

    My husband and his ex-wife are co-owners of a Chevy S10 pickup truck. In their divorce decree my husband was granted the car, but it was mistakenly labelled as a Dodge. We were unable to trade the car in because of this error. Their divorce lawyer...

    Diane’s Answer

    I would ask your divorce attorney about the possibility of amending the divorce judgment to correct the error. Another possible approach is to find out what you State Department of Motor Vehicles will require in order to transfer ownership of the vehicle.

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  • How do I get my husband to sign the divorce papers?

    He has agreed to the terms with a mediator but refuses to sign the papers. He says it's the economy and want to do the divorce in two steps. My attorney advices against it. He left the household two years ago and this is preventing me to move for...

    Diane’s Answer

    I think you should speak with your attorney about what a logical next step for you is.

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  • My spouse and i reside in the same home but i want a divorce. what can i do because he want leave and we have 3 dependant kids

    we are both on the mortgage and he does not want the responsibilty of a family. He comes and goes as he pleases. I am raising the kids alone because he does nothing for them. Im tired and I want him out. He says I can't make him leave because its ...

    Diane’s Answer

    You need the help of a local, experienced divorce attorney. It must be very difficult for you and the children under the present circumstances.

    You could also consider asking your spouse to try mediation. If the two of you could work out a temporary agreement in mediation, it might make things easier until you can get the divorce granted.

    Good luck.

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  • What rights does a spouse have in a split w/o separation or divorce?

    My wife and I split in May and she took the kids to live at her mom's in another town 40 miles away.We have not filed for divorce or separation. All she took with her was most of her personal items and some clothes and toys for the kids. I asked ...

    Diane’s Answer

    The way to establish your respective placement time with the children is to file for divorce and either reach an agreement about placement (physical custody) or have a Court decide that issue. Without a divorce filing, neither of you have a greater or lesser right to decide where your children will live, however, your spouse has taken matters into her own hands. You need the help of a local, experienced divorce attorney.

    As to the furniture, why not try to work out a fair agreement about who gets what? Unless you own expensive furniture, it is usually not worth fighting over. Consider working with a mediator if you and your spouse cannot agree about the furniture informally.

    disclaimer: This is not legal advice. It does not create an attorney client relationship.

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  • My 16 y/o lives with his mom. He wants to live with me. Should I try to change his legal residence or get him emancipated?

    My ex-wife & I were married, divorced and live in FL. We have joint custody but she has physical custody of our now 16 y/o son. He wants to live with me. Our divorce has a mediation agreement that states that we can revisit physical residence w...

    Diane’s Answer

    You need to seek the advice of a local divorce attorney. You have a child with special needs and you are trying to do what his best for him. You will want to take all necessary legal steps to try and change physical custody. A local attorney can advise you how best to do that and also how to handle a contempt of court action.

    Good luck.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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  • Can two sets of ex's marry each other if there are children involved?

    I am divorced. I have been dating someone for 1 year- we are talking of getting married. My ex husband started dating his ex wife about one month ago...all of a sudden they are talking about getting married as well--out of spite. Both sets of pare...

    Diane’s Answer

    I'm not sure I understand your question. If you are saying that your ex-husband is thinking about marrying your boyfriend's ex-wife, I don't think that would make it legally impossible for you to marry your boyfriend. I also don't think the familial relationships created by the marriage for the children is a legal barrier to you marrying your boyfriend.

    I do think you would be well served by seeking counseling for the children, if they seem confused by the circumstances. I also think it would be a difficult start to married life to marry out of spite, but the exes aren't asking me for my opinion.

    Good luck.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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  • Wife wants me to leave home after 12yrs of marriage and 3 children.

    My wife of 12 yrs wants me to move out of the family home. We have 3 kids ages 11,5 and 3. During our marriage she has had 2 affairs, prescription drug addiction/rehab and a penchant for running up secretly acquired credit cards and never paying a...

    Diane’s Answer

    You should immediately retain a local divorce attorney to represent you. The issues you outline in your question are serious threats to your own and your children's best interests. Without expert legal representation, it will be next to impossible to protect your children and your assets.

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  • What are my rights in a divorce as a stay at home mom?

    I have been married for a little over a year. My husband has become emotionally and verbally abusive. He controls all of the finances, and never added my name to the house or any credit cards or anything. He has given me cash when he felt we "n...

    Diane’s Answer

    You are asking complicated legal questions. You need legal advice from a local divorce attorney. Given that your husband has been abusive, I suggest you also talk with your local battered women agency. The time of separation can be a very dangerous time for people in an abusive relationship. Make sure you have a safety plan in place before you do anything else.

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  • I've been a stay at home mom our entire marriage. How do I separate or divorce my husband ?

    I have no income, no family in the same state, and no where to go. We have 3 children together. Can I make him leave? What do I do?

    Diane’s Answer

    You should immediately contact a local divorce attorney for representation and advice. Your lawyer will lead you through what will surely be a difficult time. You do have options. You need expert help.

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