Do I need a attorney for a mediation meeting? I'm about to go through a divorce and I'm barely getting back on my feet.: I'm about to go through a divorce and have 2 kids with my ex plus another kid with a different girl that I pay child support to.. My ex is wanting me to pay for her lawyer and also that she keeps the house and car. The car is in my name and I don't care if she keeps it but just that I know it's being paid on time. And is also making it where my new girlfriend can't be around my kids from 5pm till 8am. This does not make it easy on us.
M.’s answer: You don't have to have an attorney for the mediation (although it might be helpful to have one), and you are not required to pay for hers without a court order. However, I would definitely recommend consulting with an attorney before signing any divorce documents (including a property settlement agreement), at least for a document review and legal advice. Good luck!
Can I handle my amicable divorce myself, including splitting real estate rental property.: There are no minor children. We have been separated for 1 year. We agree on everything. We will need to remove each others names from the Deeds of the properties we will each keep. Is this something I can do myself?
M.’s answer:
Yes, you can absolutely do most of the work yourself - but it is a good idea to have an attorney take a look at your documents before you file them.
I encourage my clients in a situation such as yours to take a kind of hybrid approach, where you purchase limited legal services at a fixed fee. For example, I offer all of the documents needed for an uncontested divorce through my online law office, bundled with the legal advice needed to ensure the documents are prepared and filed correctly - all for an affordable flat fee.
The transfer of real estate may be a bit more complex, depending on whether the properties in question are subject to a mortgage, but it can be done with minimal legal assistance. Good luck!
My son got his SS number recently can I include him for my last year income tax return?: My 7 year son just arrived in US under a permanent resident status can I file him as my dependent for my last year income tax return?
M.’s answer:
In order for you to legally claim your son as a dependent child for 2012, all of the following must be true:
1) He was a U.S. citizen or national, or a resident of the U.S., Canada or Mexico (there is an exception for adopted children of U.S. citizens/nationals);
2) He met the age requirements at the end of 2012 - under age 19 (under age 24 if a full-time student, or any age if disabled).
3) He lived with you for more than half of 2012;
4) You provided more than half of his support for the year; and
4) He cannot be claimed as a dependent on anyone else's tax return.
Based on the facts you provided, the first two tests have been met. If the others are met as well, then you can and should claim him as a dependent on your 2012 return.