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David L. Lebowski
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David Lebowski’s Answers

129 total


  • How may I go about modifying an interstate custody agreement?

    We divorced in TX in 2008, agreed to a six month split for 2 children. We have not done the 6 month split since 2011. The children live with me in GA through the school year (10 months) and are with their dad in TX for the summer (2 months). I wou...

    David’s Answer

    i would file petition to domesticate texas divorce in georgia together with petition for modification of custody .
    children been residing in ga several years according to you so odds favor this approach

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  • Divorce and bankruptcy

    I'm currently in chapter 13 bankruptcy with my husband. We have been advised we can switch to 7 or have it dismissed. I want a divorce. Our relationship is miserable, I'm not mentioning it to him or the attorney that's representing us in our bankr...

    David’s Answer

    in 2010 -2011 i lived on lewis street tybee island . miss Halloween on lewis street.:)
    your question needs to be addressed to bk lawyer not divorce lawyer . take copy of your bk petition and pay a bk lawyer not associated with your current bk lawyer and let him tell you the best way to proceed . generally chapter 7 beats 13 unless u have car or home , etcthat will be repossessed under 7 but i not qualified to give bk advise so check with bk awyer (bk= bankruptcy lawyer)

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  • Infidelity before marriage

    My husband cheated on me before we were even engaged, he admitted it, I still have the proof. He claimed he changed, we got engaged and married then I found more questionable things Craigslist, apps, texts, pictures, kept all of it. Is this consid...

    David’s Answer

    no to adultery and no to stupidity on your part. love requires risk that are not always smart and good for you for taking risk for happiness . just learn from your mistake and don't repeat it for that's when stupidity arises

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  • How can i get a divorce being 10 weeks pregnant?

    i got married on march 19, 2016 and now im pregnant but my husband refuses to give up drugs and he is putting me and my unborn child at risk and refuses to stop. I would just like to get divorced and get my last name changed back to Kidd and just ...

    David’s Answer

    no . the judge will not allow u to make your child an illegitimate child which is what u are proposing to do by having a baby out of marriage after you re divorced

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  • Spouse remarried and I'm not able to remove him from health insurance without the divorce decree.

    My husband has remarried; however, I have not to this date received a divorce decree. I have not been served with any divorce papers and I have not signed any divorce papers. However, I'v been told that a divorce has taken place and I have consis...

    David’s Answer

    there is the possibility he filed a divorce in county where he lives and claimed he did not know where you were living or how to find u and got a divorce through publication(news paper) . in any event if he is divorced and IF you know what county he been living in then the clerk's office of that county will have a record of it and u do not need to get a copy from him ...... he does not have to provide u with a copy but he s in big trouble if he got a divorce by making false allegations he did not know where you are living and if he did not do that when sounds like your still married to him

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  • What steps should I take my wife is filing for divorce

    We're at an impasse we can't work together I'm willing to compromise and work out the situation but she is not what should I do

    David’s Answer

    minor chlldren? equity in home? retirement savings or other cash assets? give us more information.
    bottom line if you want a divorce and spouse refuses to consider settlement proposals u have no choice but file contested divorce

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  • Can I file a contempt of Court the day before a temporary hearing?

    I wasn't able to file my contempt of court Friday. We have a temporary hearing on our divorce Wednesday. Can I still file my contempt of court against the other party Tuesday. The day before?

    David’s Answer

    yes but up to judge if you can be heard same day as temporary hearing and u must serve opposing counsel prior to hearing with copy of your contempt motion . usually judge will resent contempt for another day allowing 5 business days notice for hearing contempt and usually absence emergency your hearing for the contempt will be several weeks away

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  • Does she have the power to take my son away from me and the home we created for him? I want him to stay with me.

    My wife is talking about separation and divorce and wants to take my 3month old son with her. Her reason for leaving is selfish and self centered as she doesn't like the accountability of a marriage. I have not done anything wrong and have built ...

    David’s Answer

    you both have the right to file for divorce and seek primary custody and possession of marriage residence so the short answer to your question is ; SHE HAS THE RGHT TO TRY and it will be up to the court who ends up with custody but please understand it is very large hill to climb to take primary custody of a baby from a mother . yes that sounds like sex discrimination and that's because in reality that is what it is . I leave it to others smarter than yours truly to decide if that's a good or bad thing . personally contrary to the majority in the legal profession I believe in most custody cases physical custody should be 50-50 (I week with 1 parent and 1 week with other parent and so forth), i'am just a country lawyer who feels no parent should be force to become a parttime weekend parent unless they choose to be

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  • Can my husband be made to pay for my ring after our divorce. I paid for his ring and I owe nothing

    My husband and I live together 4 yrs, got married 09/2015. Before we got married my husband convinced me to get my ring in my name because my credit was better promising to pay it off. If we got a divorce

    David’s Answer

    yes because it was a gift but if you cannot prove he made the payments on the ring prior to breaking up would not surprise me that the judge would make u keep the debt .
    bottom line as another lawyer stated unless the ring is worth a lot more than attorney fees involved probably best to cut losses and move on . sorry cannot give you more encouraging response .

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  • How does infidelity play out in a divorce case

    Wife keeps cheating on me

    David’s Answer

    as others have stated it is a bar to alimony and if use of marriage assets are related to the infidelity (example spouse runs up $5000 credit card debt related to his/her infidelity ) if will have bearing on division of assets and debts .

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