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Quincy Walter McKinney

Quincy McKinney’s Answers

8 total

  • How can get my ex husband's name off the deed?

    My divorce was final in March of this year with a judgement that my ex had to sign a quitclaim. He has failed to do so and I have a neighbor who would like to buy a couple acres from me. My lawyer had his to send him a letter to urge him, but have...

    Quincy’s Answer

    If your ex will agree to sign off on the deed at closing when transferring the land to your neighbor that would work just as well. However the judge can also order him to pay for attorneys fees at the contempt hearing if he refuses to sign the quitclaim.

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  • I was married to a guy in Arkansas thought the divorce was finial but wasnt...got married to diff guy in Oklahoma.

    The first marriage...the divorce was finalized in May and I got remarried in March. Is the marriage legal to the second one since the first one is done now, but wasnt at the time of the marriage? Or do I need to get remarried to the second one to ...

    Quincy’s Answer

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    The second marriage is not valid. You need to get remarried now that you are properly and officially divorced. Divorces are not final until the decree is file marked at the court house. Unless the divorce is final you cannot get married. At least not legally. Good luck.

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  • My spouse and I are separated. He has changed the online password to keep me from viewing our bank statements online.

    At this time, I do not know if I am able to directly remove money. I told him I would take a set amount out monthly for the kids and I to buy groceries, etc. He said he changed the PW b/c he was concerned about some things. I said "we need to b...

    Quincy’s Answer

    Your spouse is required to pay child support. You have as much right to money in joint accounts as he does. Even if his is the only name on the account and he is putting his pay check in there it is still half yours. If he will not agree to allow you to have money you may have to take it with the debit card so you and the children have support. You really need to file for divorce and get a temporary hearing set so a judge can order him to pay child support and resolve other issues. If you cannot afford an attorney and have no family that can help hire one you may have to go through the office of child support enforcement to get child support going.

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  • What are the laws concerning abandonmant in a divorce case where children are involved?

    Husband of 27 years moved out and left me with no way to take care of our children ..with no financial support. Is this considered abandoment? Also our home is in my father in laws name due to my husband having a pryor child support judgement aga...

    Quincy’s Answer

    Your husband has a duty to pay child support. The cheapest way to begin may be by contacting the office of child support enforcement. If they cannot help you then you may have no choice but to hire a lawyer. If the home was purchased for you and your husband and marital funds have made the payment on it you may have a claim to some of its value. You also may be entitled to spousal support given the length of the marriage. There are a number of factors which a court considers in determining whether to award spousal support. The most relevant of these factors are the length of the marriage and whether one spouse makes considerably more than the other.

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  • Does my soon to be ex wife get to keep the second wedding ring set after divorce?

    i bought her another set after we got back together, we filed for divorce and she sold them but we never divorced.

    Quincy’s Answer

    Marital property as a general rule includes anything purchased by the parties during the marriage. However there are some exceptions. Items given as a gift to one of the parties is generally not considered marital property even if it was given by one of the parties to the other party. Wedding rings, unless there is some peculiar situation, are treated as gifts and are the sole property of the person they were given to.

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  • In the state of AR can my husband take me off of his insurance if we separate?

    I'm thinking about separating from my husband, but I'm unemployed with a medical condition and need his insurance.

    Quincy’s Answer

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    I would recommend seeing an attorney who can guide you through the process of getting the judge to order he maintain you on his insurance during the divorce or separation. In some jurisdictions there are standing orders which are immediately issued in every divorce case which prohibit your spouse from cancelling or changing any insurance policies. If you are not in one of these Arkansas jurisdictions where this is the case then you may need to get a temporary hearing where you explain to the judge the circumstances and seek an order prohibiting him from removing you from his health insurance.

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  • Can I get a no-fault divorce in Arkansas without waiting 18 months before filing?

    If not, can I get a divorce because I do not trust my husband? He lies to me about things and I just can't take it anymore. I don't want to stay with him any longer if he is just going to keep lying to me, I would rather just move on now.

    Quincy’s Answer

    In Arkansas you have to have grounds for divorce unless you have been separated for 18 months. However one of the most common grounds for divorce is what is known as general indignities. Most likely you have enough factual circumstances to qualify for a divorce under the grounds of general indignities. General indignities includes a wide range of wrongful acts, including things like mental and emotional abuse, abusive language, persistent humiliation, persistent dishonesty, ongoing disrespect, ect. If you will seek a consultation from an attorney they can help you determine if you can prove those grounds or not.

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  • My wife walked out 7 months ago and says she is moving back in and that she does not want my new girlfriend to come to the house

    My wife walked out of the matrimonial home 7 months ago. She has a new partner and I have met someone new. My new girlfriend has been staying at weekends and everything has been ok. However my wife turned up this weekend and has said she is movi...

    Quincy’s Answer

    Yes she does have a legal right to move back in. I would file for divorce asap and seek a temporary hearing where you can ask the judge to award you possession of the marital home. If she left the home and stayed gone for 7 months it will not look favorably on her as far as getting possession of the home. Especially if you have been paying the mortgage and utilities ect. If there are children involved a judge would not look favorably on you having your girlfriend over especially overnight when the kids are there. I would refrain from doing that until the divorce is final.

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