Skip to main content
Mary J Quin
Avvo
Pro

Mary Quin’s Answers

141 total


  • Need to know about divorce/remarriage.

    We were married for 17 years, got divorced, only for 8 months. Remarried 10 months after the divorce was final. If we divorce again, will there have to be new conditions and I won't be eligible for spousal support or retirement benefits because ...

    Mary’s Answer

    You will need to provide additional information. Your interest in the retirement for example does not provide information as to the prior settlement agreement from the first divorce. You should contact a local divorce attorney and do some pre divorce planning.
    Good Luck

    See question 
  • I know my ex husband is drinking and he pulled a no-show to pick his kids up last night do I have to let him take them tonight?

    Kids are 8 and 11. I know he was drunk last night which is the reason he failed to pick his children up

    Mary’s Answer

    Assuming the custody order states it is your ex husband's time to see the kids and there is no restriction in the order regarding drinking, it would seem the answer is yes. However, if you have evidence that your ex has been drinking I would contact the local police before the children are taken.

    If you do not have restrictions in your custody order you should see a local attorney to assist you so that you do not have to worry about this in the future.

    See question 
  • How do I get a separation from my husband if I'm not working and have no income?

    I am a stay-at-home mom with no income. I am unable to work at least part-time until my son starts kindergarten this fall, when I plan on working full-time. My mental and physical health have greatly deteriorated because of my home life. I want ou...

    Mary’s Answer

    There should be a Domestic Voilence Hot Line in your area. You should call and see if they can assit you.

    In regards to your question regarding legal separation, you should be able to request a fee waiver for the court filing fees. Also, you may want to see if your local courthouse has a self help department that can assist with filing out the forms.

    Call your local Bar Referral for a no cost or low cost consulation.

    See question 
  • Can My Husband Response be Divorce if I send him Legal Separation Papers

    I am in the process of filling out legal separation papers to send to my husband. I do not want a divorce at this time due to my religious beliefs. I will be asking for spousal support , child custody as well in the legal separation papers. We hav...

    Mary’s Answer

    If you file for Legal Separation your husband can Respond requesting a divorce. In California either party can request a divorce even if one side does not agree.

    You may want to contact your local bar assocation for a attorney referral.

    See question 
  • Am I entitled to any type of temporary spousal support, etc. if we were only married since last Fall, 2011 (CA)?

    I left my husband due to his anger issues/domestic violence that he was committing in front of my child (not his). I wasn't working much or still, due to the lack of jobs in our area,. The bills we acquired (rent, living, household, dental) were...

    Mary’s Answer

    Your marriage is less than one year. You maybe able to obtain a few months of support but you have not provided enough information to be able to intelligently answer this question.

    Call your local Bar Assocation for a referral and discuss this with an attorney giving him/her a lot more facts.

    See question 
  • Im trying to have custody of me youngest silibling

    I wanted to ask if i could have custody of my little sister because she is fearing her own safety living with my mom and my silibling wants to live with me and my wife is it possible she could live with me.

    Mary’s Answer

    You would need to seek Guardianship of your sister.

    You should obtain legal counsel, call the local Bar association for a referral

    See question 
  • I want to know how long it will take to get 50/50 time with my 14 month old son. what can in do to improve the chances

    I have joint physical and legal custody of him.. but i need to figure out how to get a balance. time . Im paying child support of close to 1000 and child care of about 600. plus another 300 in the rears for back support . I was just in cou...

    Mary’s Answer

    Increasing your timeshare usually takes time and several modifications of the original order. You need to show a change in circumstances. Keep a journal of all visits and any missed or changes in schedule by the other parent.

    Depending on your income, sometimes even a 50/50 timeshare does not result in zero child support. There are a number of factors inputted into the DissoMaster which determine child support.

    You may want to seek legal counsel for assistance.

    See question 
  • How can my husband get a temporary restraining order dropped?

    I'm not a threat. My husband did this to cause trouble during our contentious divorce. He wants to drop the order now so that our son can come home to me. Should we wait until the hearing and ask the judge to dismiss or should my husband file s...

    Mary’s Answer

    If you are asking about a civil DV TRO and the hearing is upcoming. Then both parties can fail to appear and the matter will be dismissed. However, I would not recommend not appearing at court even if the other side say they are not going forward.

    To error on the side of caution you both should show up and the moving party should request that the matter be dismissed.

    Seek legal counsel before the hearing a permanent order can be very harmful to your career and custody of your children.

    See question 
  • Do i need a divorce attorney?

    I have been married for 12 years we have 2 kids together. we have been seperated for abuot a year and a half now. can we file for divorce at the courthouse and not have to go threw all the court stuff? we each have a child living with us.

    Mary’s Answer

    My answer would always be YES, it is worth the money to hire a professional to make sure everything is done correctly for your protection than to discover later that you have lost rights and benefits in an effort to save money.

    See question 
  • I would like to know how i can obtain a divorce in houston since i can not afford a lawyer

    My wife has left me and my three children and is seeing another man.She has all but moved in with him and may come home every now and then.I take care of them by myself and she does not help at all.How can i get a divorce with out a lawyer,i am di...

    Mary’s Answer

    Check with the courthouse in your area, they may provide a self help department and classes on how to file out the paperwork.

    Also, call the local Bar referral maybe they have Pro Bono services available.

    See question