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Paula Brown Sinclair

Paula Sinclair’s Answers

8,530 total


  • What's the quickest and least costly way to proceed with a divorce?

    Want to file for divorce but can't locate spouse. Have been separated over 30 years. Married in PA, I'm now living in NC.

    Paula’s Answer

    With a spouse absent for 30 years, and no issues such as children or joint debt, the petition needs to be filed and most likely process served by publication. Service is, unfortunately, not a DIY project and no decree can be entered without proper service. To keep costs down, look for an attorney that offers "unbundled" services for the coaching and document preparation needed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • How to go about getting name removed from legal documents?

    Husband co sign for his his sister when he was 18. now he been tryin to get out of the title to home and loan. how can he go about it to get his name off all legal documents. plus he doesnt have nothing to do with his sister home? He is now 28 and...

    Paula’s Answer

    Here Is the bad news: until the present loan is paid off, through re-financing or sale of the house, your husband remains obligated. Likely the original loan was made because the lender required a guarantor, and creditors do not give up the right to turn to the guarantor for payment. If the sister is without the resources and credit to re-finance, maybe she should cooperate to sell the house and move into something she can afford without help. Depending on the extent of his ownership interest in the house, he may be able to legally compel the sale. To know his right and options with particularity, your husband needs to consult with local real estate counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • My mom wants to put me on her living will,what information do I need to give her lawyer and do I need to be there.

    My mom wants to put me on her living will.

    Paula’s Answer

    This question does not make sense. A "living will" is an advance directive document expressing a person's wishes regarding medical care in terminal or extreme circumstances. It is often accompanied by a medical power of attorney (sometimes called "proxy") that designates a person to instruct a treating physician when the person has lost their ability to do so. Perhaps your mother is intending to "put you on" her last will and testament. Whatever estate or incapacity planning your mother is pursuing, your presence is unnecessary and in the case of a last will and testament is ill-advised as it could trigger an undue influence challenge.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What's the most likely outcome if I go file a motion for contempt

    I have a court order that states the time and days I have my kids. But my ex wife has not been keeping this court order agreement. She took my daughter out of state on my parenting time without telling or giving me any information on her whereabou...

    Paula’s Answer

    Here on this public Q&A we can provide accurate general information about the law and legal procedure. To that end, we can confirm that court orders for custody are enforced through the contempt powers of the court. Whether your court will find a knowing and clear violation of the order and no defenses to enforcement is something we cannot predict. The second problem with contempt proceedings is that they won't change history. The court can impose fines and jail time, but not restore missed time with children.
    For the assistance you need in making strategy decisions, retain local experienced family counsel.

    Best wishes for an outcome you can accept, and pleas remember to designate a best answer.

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  • When applying for joint custody can I seek 15 days a month or 180 days a year split

    I want to apply for joint custody however I want even time with my children would I have a good chance of getting 15 days a month or 6 months and 6 months if I'm willing to take my children to daycare and the school of their moms choice amongst ot...

    Paula’s Answer

    Far too much remains undisclosed in this question. Here is the bottom line: the court will order a residential custody arrangement that most likely serves the best interests of the child(ren). As a general rule where both parents are competent, conflict-free equal sharing is ideal. Building the case for that result involves attention to the age(s) of the child(ren). Long times between transfers are difficult for very young children, and too-frequent transfers are exhausting. The work obligations-- and resulting availability to actively parent-- of the parties as well as residence locations and accommodations are other commonly relevant factors. For the assistance you needs, locate and retain experienced local family counsel to help build the case.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • If you filed bankruptcy in the past and received a discharge, can you file bankruptcy again using an emergency filing? skeleton?

    I read that if you have filed chapter 13 bankruptcy before, you cannot file an emergency chapter 13 bankruptcy petition if you need to file again...and that emergency filings are risky. Is that true? Or is it just that you only have 14 days to fi...

    Paula’s Answer

    Here on this public Q&A the knowledgeable volunteer attorneys can provide accurate general information about the law and legal procedure. To that end, we can say that a previous bankruptcy petition filed more than 5 years ago creates no impediment to a present Chapter 13 filing. Whether filing an incomplete petition is a good strategy for you depends on a wide variety of important factors. The term "emergency filing" generally refers to an inability to complete the credit counseling requirement. This is rarely a problem, however, as the certificate can readily be obtain in 24 hours or less. To know whether any bankruptcy petition will meet your present needs, complete a full case review with local experienced bankruptcy counsel. Advising strategy in specific cases is what flesh-and-blood attorneys do.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can I have this judge taken off my custody case?

    I am on probation and have lost custody of my kids the judge that was over my probation case is also the same judge that is overseeing my child custody case. This judge clearly doesn't like me and makes remarks about my custody case during other c...

    Paula’s Answer

    The right to disqualify a judge under the Idaho Rules of Civil Procedure is limited to a showing of bias, which is a nearly impossible proof. Furthermore, such a motion must be filed before the judge presides over any hearing. While it may be true that the judge does not like some things you have done, and considers it relevant to the issue of the best interests of your child in the custody case, that is not a proof of bias.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Why does my bf have to pay to reimburse his liscence when we took care of everything already

    My boyfriend got a no insurance ticket paid it off and did an sr22 before the deadline but he just found out he has to pay to get his liscence back why

    Paula’s Answer

    With just the information disclosed, we could only speculate about the fee. For the most reliable and accurate information, your boyfriend should ask the government official demanding payment of the fee.

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  • Do I have legal rights to sue either the company calling, the hospital or doctors office if they are proven to have done wrong?

    We have received phone calls from a Florida number clamming there is a recall on a surgical piece of equipment. They have detailed knowledge about the equipment, surgery date, and a few other bits of information that was not publicly shared. We ...

    Paula’s Answer

    It would seem prudent to make an effort to verify the "recall" and what impact it may have on care you received. Contact local experienced medical malpractice counsel for assistance.

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