Questions answered by Thomas S. Durst

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I filed for divorce 9 months ago, about 3 to go. Soon-to-be-Ex wife is filling for cash-out mortgages using my name and SSN

Thomas's answer | Answered on February 01, 2013

If you do not agree to the loans you need to let the lenders and the court know immediately. Do not let her take the funds and possibly impact your...

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Property separation: especially about house

Thomas's answer | Answered on January 31, 2013

I don't mean to second guess your current attorney and there aren't enough facts provided to fully answer your inquiry. However, there are ways to...

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What rights do I have to get some of the money now until the final judgment is done?

Thomas's answer | Answered on January 31, 2013

You can file a motion with the court requesting that a portion of the funds be released to you. I would also be concerned about your husband...

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Will my ex-spouse cover for my Health Insurance After Final Judgment of Divorce in NJ?

Thomas's answer | Answered on January 29, 2013

Typically, prior orders are rendered void upon the entry of a final judgement unless the are expressly held to serve in the language of the...

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I have a hearing for child custody next month. My son is 17 years old and would like to move with his father in MI.

Thomas's answer | Answered on January 29, 2013

You cannot be relieved of your child support obligation nor can the child's father waive receipt of child support. It is a right belonging to the...

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How do I add my mother as a co guardian for my kids?

Thomas's answer | Answered on January 29, 2013

Several options may be available to you but there are several other facts that need to be fleshed out. You may need to have a Power of Attorney...

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Can i order him out of house until we sell it? Or until divorce is final?

Thomas's answer | Answered on January 24, 2013

Absent a finding of domestic violence it is very difficult to have a spouse ordered out of the marital residence.

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Do I have to be present when the divorce is finalized?

Thomas's answer | Answered on January 23, 2013

As the filing party, you will need to appear unless you or your attorney following the procedures to have the final hearing "done on the papers". ...

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If both spouses are on the deed of a house but one spouse is mentally ill, how can the house be sold without consent?

Thomas's answer | Answered on January 22, 2013

You could file a motion with the court asking the judge to order the sale of the residence and appointing you as a limited Power of Attorney over...

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A question in regard to property separation in divorce

Thomas's answer | Answered on January 22, 2013

It really depends on the specific language in your prenup. You should consult with an experienced divorce attorney before making any agreements...

Thomas S. Durst's Answers (878)

I filed for divorce 9 months ago, about 3 to go. Soon-to-be-Ex wife is filling for cash-out mortgages using my name and SSN

Property separation: especially about house

What rights do I have to get some of the money now until the final judgment is done?

Will my ex-spouse cover for my Health Insurance After Final Judgment of Divorce in NJ?

I have a hearing for child custody next month. My son is 17 years old and would like to move with his father in MI.

How do I add my mother as a co guardian for my kids?

Can i order him out of house until we sell it? Or until divorce is final?

Do I have to be present when the divorce is finalized?

If both spouses are on the deed of a house but one spouse is mentally ill, how can the house be sold without consent?

A question in regard to property separation in divorce