not legally separated for six months but spouse still spends the night and we sleep together. Does this null and void the separation. Do we have to start over for another year
The only thing that would jeopardize your case if there was an intention to get back as a married couple. Isolated nights should not make a difference. Your neighbors or friends aren't going to call the court.See question
And if we dont sing it both? How long then?
Every state has its own laws. In South Dakota, a divorce cannot be granted until 61 days have passed from the date your spouse was served with the opening paperwork. The two of you can reach an agreement at any point in that time, but the divorce cannot be finalized until 61 days have passed.See question
Child is 4 years old. Child Lives primarily with dad and lives partially with mom. There is a custody order for physical custody and joint legal. Dad has girlfriend/fiancee. Child calls fiancee "Mom." At custody exchanges, child runs to dad's g...
If there is any provision in your Separation Agreement or judgment that says "the only people who are to be called mom or dad are the real parents", considering the child is 4 years old, there might be a contempt action. The problem may also be that the other parent denies this is happening. How long has it been since you were last in court? If you and your former spouse are "frequent fliers" at the family court, the judge may be more frustrated than paying any attention to this. This clearly is contrary to the "best interest" of the child, but you may need to wait for a handful of other things to happen before you go to court.See question
I am trying to amend my divorce in regards to pick up and drop offs. My ex lives over 65 miles away and I have always been responsible for pick up and drop offs. She will not do more than one a month. I am currently having a hard time with this...
You can have a judgment modified if there's been a substantial change in your life that impacts your ability to uphold the judgment. Likewise, a change in your former spouse’s life may be grounds for a judgment modification too. She moved. The children are older now. These are all things to consider...show the judge you are reasonable and most do what they can to encourage contact between BOTH parents and the children.See question
Non contested 4 kids her parents have temp custody , they been separated for 6 years. No property or nothing left to divide ,,, What is the cost ??? What would it take to get it started???
The fees to file a divorce start at $409. You can access the fee schedule at http://www.miami-dadeclerk.com/service_fee_schedule.asp.See question
Is there a few to going back to your maiden name after a divorce
According to Kentucky law, a wife can get her maiden or former name back as part of the divorce. Good luck.See question
can i take my 2yr' old daughter to cape cod for the wk. end without her perminision?
If the case hasn't even been filed, you have the same rights as your wife to take your daughter 45 minutes-1 hour away for a weekend. Make sure you send her a note informing her. Give her a phone number. Be reasonable.See question
Hire an outside mediator? Agree on custody between themselves?
Yes, mediation is considered ADR (alternative dispute resolution). Courts like it when people agree on their own -- either by discussing and agreeing between the two of them, or getting outside help. The concern about mediation is that it ignores the "discovery" stage (which could hurt you more with financial issues with hidden assets, etc.). Bottom line: as it deals with children, yes...either of your two options are perfectly acceptable (and usually appreciated by the court).See question
He owns a local business, a houseboat, a boat, 3 vehicles, 2 motorcycles, and is currently buying a home. However he has put all of these things in the businesses name. Will this hinder getting more child support?
You need to show a lifestyle analysis -- comparing his "stated" income to all the expenses and luxuries that he enjoys. All those personal benefits should get pulled out of his business and applied to him personally. Make up a chart. Add it all up. Hiding expenses in a business is something judges are very familiar with -- but they won't do your work for you. If you subpoena the mortgage application, I wonder what he states his income is on that piece of paper? Do your homework -- discovery will help you!See question
My fiancé’s Ex has come after him shamelessly for child support. He was paying $300, and had his daughter through the summer and most weekends as well as provided most all of her financial needs but the Ex went back to court and had it increased t...
The child isn't yours, so you won't have to contribute. Some things to think about: child support guidelines are presumed to be accurate (child support guidelines worksheet), however you may rebut (challenge) the guidelines and show why deviating from the set guidelines would be more just and equitable. Going from $300 to $900 is a big swing; what caused such a swing? There are several factors that would warrant deviating such as consideration of income over $250,000, consideration of parenting time, consideration of college costs, etc. Good luck!See question