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Paul Edward Lerandeau
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Paul Lerandeau’s Answers

5 total

  • Me and my wife are divorcing. I had to purchase my SUV in her name when all was good with us.

    I have been responsible for each and every aspect financially. I still cannot qualify to take over loan with the finance company. Can we write a mutual agreement for her to release all interest in vehicle and equity in it and give it to me? There ...

    Paul’s Answer

    Yes and no. In the context of a divorce there are two relationships of which you should be aware. The first is the relationship between you, your wife, and your creditors. The second is between you, your wife, and the court. Since your creditors are not a party to divorce, the court cannot order them to do anything. So contractual obligations you and your wife have with your creditors are binding on the two of you and the court cannot interfere. However, the court can order either of you to pay the debt if it thinks appropriate regardless of the contract. If you and your wife agree that you will assume the debt on the vehicle then the court will order you to do it. The problem is that such order is not binding on your creditors and if you fail to make a payment, the creditors will look to your wife if she is contractually liable.

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  • Can a parent keep a kid from the other?

    My mom has full custody and I'm 16, my mom says as long as I live under her roof my dad will not be in my life. He has never been in my life.

    Paul’s Answer

    This question could not be answered without knowing additional information, including, but not limited to, is there a court action pending, are there any orders made, has law enforcement been involved, has any child or parent been the victim of domestic violence, etc. You will have to consult an attorney for a thorough investigation into the facts of your case in order to answer your question accurately as it is very factually dependent.

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  • Can I stop my ex-husband from forging my signature to anull my current marriage?

    My ex-husband not happy with the fact that I recently married someone else after recently divorcing him and may try to forge my signature to file to anull my current marriage. Can I stop this?

    Paul’s Answer

    Yes. Forgery is a crime. Contact the District Attorney in your county.

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  • I was married for 11 years, (30 years ago), had a child, received no alimoney, can I go after it now?

    I am working for myself and making very little money, he has retired with quite a bit of money, am I entitled to any money from him. He has remarried but has been seperated for 8 years.

    Paul’s Answer

    The answer is probably no. Since your marriage is one of long duration, the court would retain jurisdiction over the issue of spousal support indefintiely unless you waived that right or the court terminated it in your judgment of dissolution. Even if that right had not been waived or terminated, it is unlikely that a court would order it after 30 years.

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  • Can I change my legal separation into a divorce if I have not served the other party yet? If so what do I need to do that?

    I live in California I filed legal separation papers about months ago but never served the papers. Can I change them into divorce papers and then serve him?

    Paul’s Answer

    Yes. File an amended Petition but check the box for dissolution this time. You will then serve the amended Petition for dissolution instead. Do not serve the original Petition for Legal Separation.

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