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Scott Allen Scholl
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Scott Scholl’s Answers

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  • How do i get a divorce from someone if i dont know where they are?

    Need a divorce but dont know where my spouse is.shes been gone 4 years

    Scott’s Answer

    Once you have filed your complaint for divorce, you need to file an affidavit that demonstrates to the Court that you have made diligent efforts to locate your spouse but their whereabouts remain unknown. Then you can have a Warning Order published in the newspaper, with copies of the Warning Order, Summons, and Complaint mailed to their last known address.

    Your wife will then have 30 days from the date of the publication of the Warning Order to enter her appearance and file a responsive pleading.

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  • Are there any custody options for out of state parents?

    I have to move to NC. It's military orders so staying here isn't an option. I have true joint custody of my 7 year old. My lawyer at the time told me that the judge ordering joint custody was essentially giving my ex sole custody .. Because the d...

    Scott’s Answer

    If you have true joint custody, then you can file a motion with the court stating that the custodial arrangement can no longer continue due to your impending relocation, and ask that you be given primary custody.

    We don't have enough information to evaluate your chances of getting primary custody, though be aware that the fact that you are the one moving may make it quite a bit more difficult -- especially if there are a number of established familial ties here. But, with that said, in custody cases you can never look at just one factor and know whether the Court is more likely to rule one way or the other.

    With the move, you will also need to think about substituted visitation schedule, transportation and travel expenses for visitation, etc.

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  • What grounds can I divorce in arkansas with these circumstances? Is alienation of affection a grounds for divorce in arkansas?

    I'm an Arkansas resident been married over 10 years. My spouse has refused to work or keep a steady job during our marriage to help with living expenses. When my spouse would get a job it would last less than 3 to 4 months before quitting with som...

    Scott’s Answer

    Will your spouse contest the divorce? The spouse can waive corroboration of grounds, which will make things much easier for you.

    Some judges might not find the fact pattern you set out above to be sufficient, but sometimes after people have spoken with an attorney they can explore other behavior in the marriage that would suffice.

    Technically, you could get a divorce based upon >18 months separation even if your in the same house (but living separate in the house), but the problem with that is that neither party may waive corroboration of separation for grounds and it's it would be very difficult to prove.

    Alienation of affection is not a grounds for divorce, it was an old tort action that would allow you to sue someone who seduced your spouse (and has been abolished, anyway).

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  • How can i get this money/tools back legally. I'm not working and cant pay fees or whatever

    My previous employer allowed me to purchase tools on his cc at lowes and home depot. The full amount was then deducted from my paycheck. I quit that job a week ago and now he is holding my tools saying I owe him money. I have copies of the receipt...

    Scott’s Answer

    You can try filing a suit for conversion or replevin in your local small claims court, be ready to show that you had paid for the tools as it will be your burden of proof to convince the court that despite the tools being purchased on your employer's credit card you paid him for them out of your check.

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  • How far away can she move from the child's father?

    I'm with my girlfriend that has a 20mo old boy who's dad only sees him 2hrs a week. She has full custody. She lives in Oklahoma I live in Arkansas.

    Scott’s Answer

    The first question that needs to be addressed is whether or not there are any orders regarding custody or visitation and, if so, what state issued those orders and, of course, what the orders say about relocation. If one of the parents remain in that state, then that state will have continuing exclusive jurisdiction unless the judge decides to relinquish its authority over the case.

    If there hasn't been a court order, and your girlfriend and the child have lived in Oklahoma for the last six months or more, then Oklahoma law will apply and you'll need to check with an attorney in Oklahoma.

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  • What do you suggest I do? what options do I have?

    I hired a guy to do a back patio total cost around $1400 with gravel and pavers and level it out etc. I paid $500 down deposit. they started it but still havent finished and have gotten riduculous. this guy was hired feb 2015 and its now Jan 2016 ...

    Scott’s Answer

    Send him a demand, preferably by certified mail, to have it done by a date certain or you will fire him and hire someone else to complete the job. Then, if the total job ends up costing you more than when he agreed to do the work for, you can bring a small claims action against him for the difference.

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  • How an I get divorce from Morocco I divorced him her but they say I have to be divorce from there

    I married in Morocco . Divorce him in usa. Now I find I'm needing to be divorce in Morocco? How can I do this from usa

    Scott’s Answer

    You're probably not going to be able to get a good answer over the Internet, unless someone who has already researched Moroccan family law happens to see your post (which is a long shot).

    You will likely need to hire legal counsel in Morocco, and maybe someone here to help coordinate with your Moroccan counsel. You may want to sit down with someone first, just to explore your goals and options.

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  • Question is can i quit paying for their tuition anytime?

    Had 2 daughters from marriage that ended in divorce 15 years ago they are 1 yr apart. That relationship has been destroyed by their mother. They have been to my home and had altercation with my merged family children. When DV was final i took t...

    Scott’s Answer

    • Selected as best answer

    If the requirement to pay tuition was part of the court order, you can be punished by the Court for contempt if you do not pay tuition in accordance with the terms of the order.

    I suspect that if there was an agreement, it was part of divorce decree/settlement agreement, but it would be very unusual it is possible that you have have some other type of contract. In that case, it would be subject to normal contract law, such as whether the agreement was supported by adequate consideration, etc.

    Before you do anything, you should have an attorney review whatever agreement this was so they can give you advice before you find yourself facing sanctions.

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  • Is there any sort of legal action we can take to stop harassing phone calls from fake debt collectors?

    My wife has been receiving harassing and threatening calls from a supposed debt collector, referencing an outstanding case that has been filed against her. The debt collectors refuse to provide her with any information about the outstanding debt, ...

    Scott’s Answer

    I would just add to Mr. Starke's answer to say that you should also contact the Office of the Attorney General to make a consumer complaint.

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  • Can she serve a minor, I am the legal guardian of my granddaughter and I don't want her involved in this mess

    My son and his girlfriend were arrested at our house, him for possession of drugs, drug paraphernalia, instrument of crime related to drug paraphernalia, firearm, hers possession of drug paraphernalia, instrument of crime related to drug parapher...

    Scott’s Answer

    There are a number of issues not addressed in your post but, generally, yes a 14 year can be served with a subpoena. If you have concerns, you can engage a local attorney to help you out.

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