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Robert Alan Stavins

Robert Stavins’s Answers

35 total


  • I am in the process of starting a business, and my daughter had to put her name on the lease along with my husband.

    Robert’s Answer

    Can she attempt to claim profit thereof? Yes. Will she be successful? Maybe. Best answered by an experienced family law practitioner before you go further. Further facts are needed in order to give you a more qualified answer. Best of luck!.

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  • I'm the plaintiff in the divorce against my wife. Can I throw out the complaint?

    Robert’s Answer

    You can voluntarily dismiss your Petition For Dissolution Of Marriage. But the Court will likely set the case for a Case Management Conference date (set subsequent dates including a trial date) in a reasonable period of time after you filed your Petition. At that time, you can request that it be dismissed for want of prosecution. This case will almost certainly proceed by her Counter Petition For Dissolution of Marriage (if filed) or a new case by her Petition For Dissolution Of Marriage. Figure it out and proceed accordingly. She is the Respondent. You are the Petitioner. Best of luck!

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  • Social security

    Robert’s Answer

    Title II and Title XVI benefits are based on your inability to maintain substantial gainful employment due to an impairment. Social Security will ultimately decide whether or not it can issue a favorable decision; after review of your medical records, after reviewing your application thereof, and deciding whether your meet or satisfy the applicable listing requirements.

    Presumptive disability payments are intended to provide you with financial support while your case is pending. Check with your local field office for the applicable form.

    Best of luck!

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  • How can I qualify for disability?

    Robert’s Answer

    It is not impossible to get Title II (Partially based on work credit hours with Medicare benefits) or Title XVI (Supplemental benefits with Medicade benefits). Based on your age and symptoms, my recommendation is that you meet with an experienced Social Security attorney for a no-charge initial consult, immediately file for Social Security benefits, and secure legal representation if you are denied at the initial stage. Medical records are extremely important commencing approximately 1 year prior to your alleged onset date and continuing until the approximate date of your hearing or, hopefully, date of favorable decision. Best of luck?

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  • How much time does a parent have to be in the presence of the child before the first right of refusal kicks in?

    Robert’s Answer

    The Order states 48 hours. Then, that is when it "kicks in". You have the option to file a petition To Modify or Clarify the Parenting Agreement/Order if you feel that the best interest of your child warrants an adjustment to the Right of First Refusal. The Court will likely first consider consistency for your child with an eye towards flexibility. Best of luck!

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  • How many times can you put a divorce on hold for reconciliation and when is it too late

    Robert’s Answer

    A Motion To Continue Trial and to put the case on the reconciliation calendar for the third time is a bit tricky. Trial continuance needs to be supported by grounds pursuant to statute thereof. .Best handled by an experienced attorney. Best of luck!

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  • Is there an example of a amendment to a divorce decree that states my ex-wife gets the property & she is responsible for payment

    Robert’s Answer

    Modifications to Marital Settlement Agreements and Judgments For Dissolution Of Marriage are fact specific, statute and case law dependent, and sensitive endeavors. Best done by an experienced attorney representing your best interest. Best of luck!

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  • Am I entitled to my husband's 401k if we've been married for 8.5 years?

    Robert’s Answer

    You are entitled to an equitable division of marital property and quite probably maintenance (alimony) irrespective of misconduct during the marriage and dependent on statutory factory including, but not limited to, income of the parties and any disparity thereof, standard of living during the marriage and your ability to maintain said standard of living with and without maintenance, employment status of the parties and the division of marital assets and respective amount/quantity thereof, health of the parties, length of marriage and other factors. Best of luck!

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  • Should I get a new lawyer?

    Robert’s Answer

    Only you can answer that question. But the fact that you raised it suggests that you need to make the call. Best of luck!

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  • Who will get debt of repo vehicle in our divorce? He is only one with wages.

    Robert’s Answer

    The debt will probably be apportioned pursuant the ability of the respective parties ability to tender payment(s) thereof. The debt is almost certainly a marital debt. Whom the creditor goes after is another and related issue, possibly both of you. Best of luck!

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