Samuel Benton Gordon’s Answers

Samuel Benton Gordon

Contributor Level 8
  1. Can my husband cancel/stop our non contested divorce after he already signed the paperwork?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Samuel Benton Gordon
    3. Frances Turean
    3 lawyer answers

    If he gets a hold of the court before the judge signs the documents, he can almost certainly revoke his agreement. See CR2A. He will probably have to go down to the courthouse in person for this. If the documents are signed but not entered, it is still possible that he could convince the judge to nullify them. Then, if everything is finalized, he could potentially file a motion to amend the judgement/order or motion to vacate if he did it quickly. I've never seen that happen but I can see how a...

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  2. What is the rule or law that gives process servers the ability to use a ruse when serving legal papers.

    Answered about 3 years ago.

    1. Samuel Benton Gordon
    2. Shawn B Alexander
    3. Pamela Koslyn
    4 lawyer answers

    I am not aware of any ruling in any state that says a process server must identify themselves as such if they do not want to. However, anyone who gains access to property by identifying themselves as someone they are not, runs the risk of trespassing (e.g., you were allowed to be on my property as a pizza guy but I did not allow you here as a process server). While this "ruse" could potentially get a process server in trouble (I have never heard of that actually happening), it would not...

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  3. Spouse refuses to pay court ordered attorney fees in divorce.

    Answered about 2 years ago.

    1. Samuel Benton Gordon
    2. Frances Turean
    3. Joshua Slavone Guillory
    3 lawyer answers

    First of all, the going rate for an experienced family law attorney starts around $200/hr. It is not common for attorneys to engage in unbundled services (piece-meal work) like the one you describe unless you have a solid collections claim that is pretty airtight. Having said that, expect fees to be around $4,000 - $6,000 to get a brand new case started, collect documents and other evidence/exhibits, file a motion, and attend a hearing. It could be less with your former attorney who does not...

    1 lawyer agreed with this answer

  4. Can I file motion to compel response to discovery after the defendant filed motion to dismiss? its chance to be ruled favorable?

    Answered about 3 years ago.

    1. Samuel Benton Gordon
    2. Pamela Koslyn
    2 lawyer answers

    The best piece of advice I can give is "Read the civil rules and local rules for your court." Motions to dismiss (motions for summary judgment) are heavily driven by the court rules. Anyone defending such a motion will almost certainly want to show that there is a dispute over a material fact (not simply show that the law is in your favor). Your discovery may disclose a fact that the two of you dispute which is controlling in the motion to dismiss your claims. If so, that's good for you....

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  5. Is a Text Msg agreeing to sell an item for a stated price legally binding?

    Answered about 2 years ago.

    1. Robert Daniel Kelly
    2. Samuel Benton Gordon
    2 lawyer answers

    More important than the legality of the agreement is the question of damages. So what if the text message is deemed to be a valid contract? How was the prospective buyer damaged? I seriously doubt that your upset buyer would be capable of proving compensable damages. However, he doesn't have to prove much to file a lawsuit. If he does that, your extra $200 could be lost pretty quickly in one sit-down consultation with an attorney. Also, you would have to pay for your entire defense unless...

  6. Our attorney sent ex papers to sign over rights. Do I still need to respond to ex's support modification papers?

    Answered about 4 years ago.

    1. Thuong-Tri Nguyen
    2. Samuel Benton Gordon
    2 lawyer answers

    If you are served with legal documents that your current attorney is not equipped to handle, you should get a family law attorney to look at them immediately. You need to respond. Regardless of whether your ex has seen the children, it is not easy to get a court to terminate his rights without agreement. However, it is not impossible either. The fact that he is not keeping up with child support payments, coupled with the fact that you have a husband ready and willing to adopt is definitely...

  7. Can my husband keep house & our adopted kids and ask me to leave?

    Answered about 4 years ago.

    1. Shawn B Alexander
    2. Samuel Benton Gordon
    2 lawyer answers

    I really hope that you hire an attorney. Because of the abuse you have endured, you are not in a good position to be making these very important legal decisions without the right advice. I do not agree with splitting up the kids unless everything is being done on an even playing field with good relations between the parents so the siblings will see each other often. Even then, it is rarely a good idea. I hope that you seek legal counsel immediately no matter what point of the process you are in....

  8. How can i get my ex husband to sign over rights to our son since he doesn't see him or pay child support?

    Answered about 4 years ago.

    1. Elizabeth Rankin Powell
    2. Samuel Benton Gordon
    2 lawyer answers

    Whenever someone wants to remove a parent from the equation, it is preferable to have another person ready to take his/her place as a parent to the child. The fact that you have a husband that is ready and willing to step in is a big advantage in this arena. I suggest speaking directly, or through an experienced adoption attorney, about the advantages of relinquishing his parental rights so that you and your son can move on. If your ex owes back child support, that is a huge motivator for an...

  9. WA state child custody laws, can father legally move child out of state and get full custody

    Answered over 4 years ago.

    1. Samuel Benton Gordon
    1 lawyer answer

    You should consult with an attorney by phone to see what you can do right away to prevent this move. I see that you posted this a while ago. Anyone who is ordered by a WA court to be the primary residential parent (custodian) must follow strict guidelines of notification to the other parent whenever the child(ren) is (are) being moved outside of their current school district or out of state. The notification is different for each situation. If moving out of state, the custodial parent must give...

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  10. Should I sue a dentist who charged me $$ but haven't even gone through the dental procedure?

    Answered almost 5 years ago.

    1. Samuel Benton Gordon
    2. Edgardo Rafael Baez
    3. Elizabeth Taylor Herd
    3 lawyer answers

    First of all, whenever the question arises, "should I sue?" the blanket answer is... "only if you've tried everything else first." So far, you've done the right thing, assuming you began with a phone call to the dentist. That should always be the first step; let the person know you have a complaint. Then, if you do not get a satisfactory answer, do what you did and complain to the BBB and professional board. However, while you are waiting for satisfaction you are feeling pretty unsatisfied. The...

    1 person marked this answer as helpful