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Mary Elizabeth Smits

Mary Smits’s Answers

12 total


  • My soon to be husband wants to adopt my son

    I have a soon to be seven yr old son. Who i raised by myself up till he was four. Then my soon to be husband helped me raise him. my soon to be husband is the only father my son has ever know. How can i go about letting him adopt my son. And sinc...

    Mary’s Answer

    Your son can be adopted by your fiance through a stepparent adoption. It is a fairly easy adoption to do based upon your facts. Sometimes the lawyer will have to do a father's registry search to complete what needs to be done. The proposed father may have to undergo a background check and sometimes there is an in home study that is usually waived if the child has been living with you both. A family lawyer who does stepparent adoptions in your area wouild be the person to contact.

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  • How to compose a formal letter to a lawyer asking them to represent you for an annullment case?

    how to compose a formal letter to a lawyer asking them to represent you for an annullment case?

    Mary’s Answer

    Why not schedule a meeting with the lawyer instead? Sometimes meeting a lawyer face to face will let you know if he/she is the one you want for representation

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  • Can the mother of my child keep my daughter from me?

    I'm suppose to get visitation to see my daughter every summer. When she comes here she always gains at least 8 pound within 2 months, she talks all this bad stuff about her mother and her mothers boyfriend, she tells me how to roll a joint, she is...

    Mary’s Answer

    I agree with everything Mr. Standke said and would like to add some thoughts. IF your court order for visits with your child is in MN then you may be able to go to the Judge and get a special emergency Order giving you temporary custody IF your child shows up here this summer and IF she tells you the things that she said last summer. IF you get a temporary Order then that would force Mom to address the issues.

    IF you have a visitation order from TX AND your child shows up here this summer AND tells you the same things, etc. you may also be able to get the MN court to give you an emergency Order based on the UCCJEA. I would be sure to consult with an attorney if your child shows up in MN this year to find out what your rights are and what the Orders, if any, say about visits.

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  • Can I marry my fiance in a different state while there is a court order against me stating I cant be around her?

    We live in Missouri. There is a court order stating that I cant be around my fiance due to a domestic violence charge the state picked up on me. We still reside together. Can the state dissolve our marriage if we get married?

    Mary’s Answer

    No

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  • How do i stop harassment against a woman i have a restraining order on?

    How do i stop harassment against a woman i have a restraining order on? Took her to court 3 times jusdge let her go. She keeps harassing me via phone, calling my jobs etc...How can i get this stopped, I have court ordered papers for all of this..

    Mary’s Answer

    This is irritating to say the least. All you can do is keep making police reports and keep taking her to court. If the judge gets mad enough after he sees you enough maybe something will happen.

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  • Time is running out in my divorce for me

    Is this doable? Reply to contempt of court, or order to show cause, at the same time, request documents that respondent failed to provide in interrogatories, and failed to provide again when re requested. And ask for a sanction this time if not pr...

    Mary’s Answer

    I am unclear about what your exact questions are. You should consult with a divorce attorney immediately in your area and find out what your rights are. Some attorneys will offer a no cost consult. Go now.

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  • How do I file for a divorce if I do not know the whereabouts of my husband?

    My husband and I have been separated for six months. I moved to another state and have not had contact with him since the move. I do not have any contact information for him: his phone is disconnected and he no longer lives in the same place. H...

    Mary’s Answer

    Depending on the rules in your jurisdiction, it may be possible to get a special court order after filing for divorce to have your spouse served by alternate means. Sometimes it is publication in a legal newspaper serving your area. Or he could be served by mailing to his last known address if that is permitted in your state.

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  • I have recently found out that my husband divorced me 7 years ago, I need to have the divorce vacated since we had a minor child

    I have been getting va benefits for the past 7 years that they are saying I was not due to my husband divorcing me. can that divorce be vacated now after 7 years?

    Mary’s Answer

    If the divorce was legally done it is not possible to have it vacated.

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  • Pertaining to the previous question regarding my husband finding out he is still married to his wife in NJ

    I do know we can remarry after their divorce becomes final. His wife is the one who contacted the county where we got married and the next day an investigator called to ask him questions as he is being investigated on bigamy charges. I read the la...

    Mary’s Answer

    There is nothing you can do to prevent the county attorney from charging. In the event there is a charge, you should obtain an attorney knowledgeable in the area of Criminal Defense. Do not try to do this yourself.

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  • What is the formula for determining marital portion of pension

    I am curious as to how the marital portion of my pension plan will be determined. I believe the QDRO Admin made a mistake and applied 69% of my total accrued benefit and not 69% of the marital portion. I thought marital portion should have been c...

    Mary’s Answer

    It is hard to say without looking at your divorce decree.

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