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Patrick Byron Markey
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Patrick Markey’s Answers

169 total


  • There was a ruling made in divorce court against me. How can I get ruling vacated if my husband died?

    Attorneys are telling me death makes divorce moot. But there was a ruling unfair ruling against me made by the divorce judge this has lead me to lose my minor child to my eldest child who also lied to the court probate court. I mean where do I g...

    Patrick’s Answer

    • Selected as best answer

    It sounds like you have a dispute with your eldest child over the custody of their sibling (your child). You will need to take your case to the probate court or whatever court gave guardianship or custody to your eldest child. Contact a family law attorney.

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  • SECTION FOR INTERIM ATTORNEY FEES

    I am Pro-se trying to find a statue that lets me get attorney fees to retain new counsel 501(c)(1) is out it has payment going only to counsel and if I don't have counsel I don't qualify(Judges ruling) All I can find is 508(a) which allows payment...

    Patrick’s Answer

    It's likely you will need to hire the attorney first and then have them seek the interim attorney fee for you. If the facts of your case warrant an award of interim attorney fees, some would take the case without a retainer contingent on getting fees from your spouse.

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  • Can I get an order of protection vacated from my pending divorce?

    The OP was dismissed but I would like to get it vacated. It should have been vacated when the case was dismissed against me. The charges were dropped but I did not have it vacated. It is officially dismissed but it is in my divorce file which ...

    Patrick’s Answer

    Do you mean the OP was terminated and not vacated? There are ways to possibly still have the order vacated.

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  • I have been separated from my husband for the last 20 years. Am I entitled to any of his pension? We never divorced.

    He is now living with another woman who uses his last name. I checked to make sure that a divorce was not issued without my knowledge and there is no record of divorce.

    Patrick’s Answer

    Yes, you have an interest in the pension. There is no common law divorce. In my experience you husband has a lot of exposure on the pension.

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  • I have filed for a divorce in Il and have been living seperate from my husband for 5 months. He expressed he wants custody.

    I have started seeing someone within the past month. The children are unaware of our relationship. My husband has mentioned that he knows about my relationship. My husband has only seen the kids 3 times and has provided little to no financial supp...

    Patrick’s Answer

    Based on the above, it is unlikely. I would need more info.

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  • How to request for child support in divorce process?

    I'm currently in a divorce process and i would like to ask the judge for child support from my spouse. do i need to petition or just request to judge will do. i am the residential custody parent

    Patrick’s Answer

    It is really worth it to hire an attorney to help you out. Normally you need to file a petition for temporary child support. Do you already have an order stating you are the temporary custodian of the child(ren)?

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  • Been apart for ver 30 years.She lives down the block from me. No kids or Property. we both live with our parents. She wants cash

    I was married in 1979. We were together for about a year. Been apart since then.She is addicted to drugs and wants cash to sign any divorce papers. She wants access to my 401K. I am still working.How expensive will it be for me to get a divorce.I ...

    Patrick’s Answer

    You have a very unique situation. You should consult an attorney. A typical retainer is $2,500 to $5,000.

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  • Is there anyway to get a divorce for free without having to go to court?

    I have not seen my husband in over 7 years. I am pretty sure he just wanted to marry for a green card. We never lived together or consummated the marriage, he was always too drunk!

    Patrick’s Answer

    You need to go to court. You can try doing it yourself by going to your local clerks office.

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  • Divorcing, do I pay for child support when one child wants to stay with me?

    My wife and I are divorcing and we have three kids ages 8,12 and 14. The 14 year old wants to stay with me. Does this mean I pay for only one child since one is staying with me?

    Patrick’s Answer

    It depends on your incomes, but paying for one is a possibility. Need more info to answer.

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  • Do I have grounds/rights to recoup monetary loss according to divorce agreement?

    My divorce was finalized in Arpril, 2011. In the divorce agreement, it states my ex and I would agree to settle among ourselves the division of household property, just to speed up divorce process.The settlement of the cars and child support were ...

    Patrick’s Answer

    A lot depends on how your divorce decree is written and what it states. I would interpret cabinetry as part of the house. Whomever was awarded the house gets the cabinetry. Appliances usually go with the house too, but you have a better argument with the appliances. Good luck trying to work it out.

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