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Joseph Henry Sparacino

Joseph Sparacino’s Answers

738 total


  • Can a U.S. citizen get a divorce from the U.S. with a marriage from south America?

    i am a citizen of the U.S. (born and raised here) and I married a woman in south America... we lived here together for a decade, had a child, and we are now separated as she has moved back to her country with our child. I have legally given her pe...

    Joseph’s Answer

    Checking Wisconsin law is needed here. If your case were in Illinois we could get you Judgment of Dissolution of Marriage but not divide any property except by agreement. You and she appear to have already settled custody. So the only other issue is whether or not you and she have settled the support issue. For more information on international divorces try the Fatherhood Educational Institute at fatherhood-edu.org.

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  • Seeking to reverse a quit claim deed.

    I filed a quit claim at the courthouse, making my wife the beneficiary of our household and real estate - can I recant? I had a lot of debt before and wanted to protect my family from bankruptcy. Any advice you can provide will be greatly appr...

    Joseph’s Answer

    You don't give a lot of information about why you need to get the transfer overturned. Are you and she separating? Without seeing the deed it is hard to see exactly what you did or didn't do. If you filed bankruptcy shortly after the deed was executed the US Trustee could have overturned the deed on a motion. Without more information it is hard to answer.

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  • I am living separately from my husband and a divorce is pending. Am I required to allow him to take our 4 year old daughter?

    I am fearful he will take her and not return her to me. She is autistic and can not ask for help when she needs it.

    Joseph’s Answer

    What does your Court Order say? If he is granted unsupervised parenting time; until the Judge changes the Order, you have to obey the Order. If you don't obey you are in Contempt of Court and could be put in Jail for that Contempt. How old is she? Did he participate in meetings with her doctors prior to the divorce? If he did; he should know how to care for her. Did you raise a concern with the Judge about whether or not there was a risk he would leave the jurisdiction with her? If you didn't and are concerned now; you may file a Petition to Modify. These details should not be broadcast over the internet.

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  • I married my husband and a week after he left and never came back how do I get a divorce or know if he has filed

    my name is Ronica Seaton and his name is Jason Earl seaton last I knew he was in cali

    Joseph’s Answer

    A first step might be getting him skip traced by a private investigator as knowing where he is would then help figure out which Court to check for a pending divorce. Once we have a reasonably good address and check the Clerk of the Court where he is located then planning can be done. If there is a case; but no order yet, you file your Appearance in the case and pursue the matter to conclusion. If there is a Judgment entered in the case; then you get a copy of it and see if there is anything you want to change in it. If no changes are needed, it's over. If changes are needed, then seeing if the law allows the changes at this time. Finally, if there is no case; a decision needs to be made if you want to file on your own and get the Judgment of Dissolution of Marriage (divorce)? These details should not be broadcast over the internet.

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  • How can I know that my husband file the devorced application already?

    We were married for 2 years, with some married issues we stoped living together for a few months already. I wonder is there some how I can know if my husband filed the devored with me or not?

    Joseph’s Answer

    Where do you live? You can contact the Clerk of the Court in person or in many places over the internet and check that a pending case is on the books for you and your husband. It may be better to go in person as some clerks take time to update their Court electronic records you can access on line. If he has not filed and you are there in person; you can file the case yourself. These details should not be broadcast over the internet.

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  • Can my Ex wife remove a Birthmark on my child without my consent or knowledge?

    My daughter just came to visit me from Oklahoma ( I live in California. Custody was done in California) and when she got here she showed me her birthmark on her leg had been removed. It was scabbed over so it was resent. I had no idea and when I a...

    Joseph’s Answer

    This is difficult situation as it seems your daughter may have lived in Oklahoma long enough for your ex-wife to get jurisdiction in Oklahoma if they allow cases to be registered as we do in Illinois. The Joint Parenting Agreement must have provisions related to medical care. If the agreement allows either of you to consent for surgeries without it being limited to emergency surgeries is may not be a violation of the Joint Parenting Agreement. As to whether or not in either of the jurisdictions which may apply to the case is the removal of your daughter's birthmark against your daughter's wishes is sufficient to change custody; it goes to the statutes involved. In Illinois the child's wishes are a factor for the Court to consider. Also, the surgery; if it was not necessary could also be considered as to who would better act in the child's best interest. These details should not be broadcast over the Internet.

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  • Can unemployment be denied due to leaving job for domestic violence?

    Relocated to another state due to domestic violence and unemployment denied because person left for "personal reasons" and not because of the job.

    Joseph’s Answer

    The question is are you the "victim" of the domestic violence? Or are you the 'defendant"? How did you need to leave the state due to domestic violence? Was the other party employed at the same place and there was no way to prevent being near each other? Illinois has an appeal process for denials of un-employment benefits within a specific period of time of the denial. Florida likely has a similar process; there is still time request the appeal and present your facts. These details should not be broadcast over the internet.

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  • What effect does an emergency order of protection have on my record.

    Over the last month my landlord has been harassing me via text. I repeatedly asked her to stop and she didn't. The police issued harassment charges against her. The next day she went and took out an emergency order of protection against me. How do...

    Joseph’s Answer

    I am unclear; are you and your landlord sharing a common dwelling? If not, how did she get an Order of Protection against you? If it is only the Emergency Order and the hearing is pending on the extension you need to fight it. If the Order has been entered for a 2 year period then your case is a little tougher. Did you attend a hearing? If not there are 30 days to vacate a default order. If you did then modifying the Order is possible. Orders of Protection are entered into the Law Enforcement Assistance Data Service to enable enforcement of these orders nation wide. So it is on your record there. It could effect certain job opportunities where you might carry a weapon or need a security clearance. These details should not be broadcast over the internet.

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  • How many times will a sheriff in IL. attempt to serve a witness subpoena in a domestic violence misdemeanor case?

    it's in dupage co.

    Joseph’s Answer

    If it is a criminal case the Sheriff will attempt to serve the subpoena until either the State's attorney says to stop or the Judge refuses to give the State continuances on the case if the witness is a States' witness. If the witness is a Defense witness the attempts will likely stop when the Judge denies a motion to continue due to the need for the witness that can't be found. These details should not be broadcast over the Internet.

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