Skip to main content
Elaine Terry Silver
Avvo
Pro

Elaine Silver’s Answers

68 total


  • How can I file for custody and divorce if I don't know where the mother is?

    I have my children physically, they have not seen their mother in over a year, or heard from her in over 6 months, while my children live with me and I provide everything to them. She has never tried to help financially or other wise, what am I su...

    Elaine’s Answer

    You will be able to file for divorce and custody in the state you and the children live in. A lawyer will help you figure out what you have to do to try to give her notice. If you want to try to do it without a lawyer, your local court may have a "self help" program. Good luck.

    See question 
  • European Marriage/Divorce recognized in the USA?

    My gf & I are from Switzerland (SW) and debate if we should get married in USA or SW. I am here with J1 visa. She wants J2. She only comes for me to USA. We have Swiss prenup. 1.) We marry in the USA. In the unfortunate case of a divorce, we want...

    Elaine’s Answer

    You are asking very complicated questions. Where the divorce happens and whether or not your Swiss pre-nup will be recognized is a question of state law in the US. Each state is a little bit different and there may be a different answer from state to state. If you plan to live in Massachusetts you should consult with a knowledgeable divorce lawyer in Massachusetts. The general rule is that if a divorce is valid in the place where it is granted, it will be accepted as valid in a state in the US. But, like every rule, there are always some exceptions.

    See question 
  • In the midst of a divorce, wanting to claim a fair share of the community 401K. How do I proceed? Will I need a lawyer?

    Wife has a $740,000 401K. We'd been married almost 20 years, when she filed for the divorce on March 30th 2016. We have been attending Mediation, but have not thoroughly discussed the 401K. Looking for my fair share to survive.

    Elaine’s Answer

    You have a lot at stake. I recommend you contact an attorney in your area, invest in a consultation and ask your questions there. You may be able to handle this issue in mediation, but, given how much is at stake, you would be well advised to consult with an attorney and have the attorney review the mediated agreement before you sign it.

    See question 
  • How can I get my ex to pay his half of our child's medical expenses when the bills are in my name and he won't pay?

    I pay my half of my child's medical expenses the instant I receive the bill. I also scan and email a copy to her father for his records and ask that he pay his half. I have sent the same bill 3 times (only for his portion of $34.12) 4 times now ...

    Elaine’s Answer

    If the bill is in your name, it's probably smart to pay it so that it doesn't go to collection for this small amount of money. How are you doing with everything else? Is it possible its just an oversight? There's a web site www.OurFamilyWizard.com which has great tools for communicating and helping streamline issues like this. you might try it.

    See question 
  • Divorce question: mortgage, holiday time with kids.

    My boyfriend is divorced and his ex was supposed to remove him from her mortgage within 3 months and she has never taken care of this because she knows she will not qualify for anything on her own and will have to end up selling the house. He has...

    Elaine’s Answer

    'The most important thing that a new significant other can learn is to stay out of issues between your boyfriend and his ex spouse. They have children together. Those children existed before you came into the picture. If you want to protect your relationship, you'll leave these issues to your boyfriend and his former spouse to figure out. They are not yours to solve. the difference between 3 nights a week and 50 -50 is not significant enough to put hte children thought yet another change.

    See question 
  • What happens if the petitioner does not show up for the final divorce hearing in Florida?

    I'm getting ready for the final divorce hearing & the petitioner is not wanting the divorce & saying that he is not going to show up for the final hearing because someone had told him that if he doesn't show up for the hearing the judge won't rule...

    Elaine’s Answer

    If you have a written agreement that settles all issues, then he probably doesn't have to appear.
    If you do not have an agreement, then you may have to file a Counter-Petition in order to have the case heard if he doesn't show up. If you want the divorce you should consult with an attorney who practices in the county where you case is filed.

    See question 
  • Been married 18 years. Recently spoke about divorce with my husband.

    He wants me to leave the house and leave my children with him. Children ages are 18,15, and 8. I said NO and he stills says I should be the one to leave, since I was the one that told him I wanted the divorce. Leaving my children is not an option,...

    Elaine’s Answer

    You should consult with an attorney to find out your options. When you go to see the attorney, it is very helpful if you have an understanding of your financial circumstances--what you and your husband each earn, what you own and what you owe. An attorney will be able to explain how a divorce works and what options you have for moving through the process. A divorce is the most significant emotional and economic decision that you will make for you and your children. It's not wise to move forward without understanding more. Most experienced divorce lawyers will charge for a consultation. If I can help you are welcome to call me. You do not have to leave the house.

    See question 
  • I want to file an annulment in Orange County Florida what is the procedure. Can I file it myself?

    I been married for 3 years and my husband hp has not been able to have sexual intercourse.

    Elaine’s Answer

    You should be more concerned with the economic consequences of ending the relationship than whether you get an annulment or divorce. I suggest you consult with an attorney before you make any decisions. Ending a marriage (even a short one) has serious economic consequences and it makes more sense for you to understand what they are before you go down that path.

    See question 
  • Can rehabilitative alimony be changed?

    Got divorce in Feb, ex already remarried. Can alimony be dropped?

    Elaine’s Answer

    It depends on the provisions of your divorce agreement or the judges decisions. The rules are different in each state. If you had an attorney for the divorce, that would be the right person to ask.

    See question 
  • Non custodial father....What should I do if my ex wife isn't co-parenting?

    I am a divorced father. I live in a different state. My ex wife has physical custody. I have had in the past had a decent co-parenting relationship with my ex wife.for the past few weeks she has not been communicative as it relates to my son .He ...

    Elaine’s Answer

    Since you are so far away, your options are limited. Have you suggested counseling to your son? School in Seminole County started this week. Perhaps you could call a counselor at his school and ask them to check in with him. Since he's 14, you should have an open line of communication with him. Do you text/email/skype with him? If you offered to pay for him to go to counseling, do you think he'd be willing to go? You'd have to him find a way to get there. Maybe find a counselor close enough to his home that he could get there on his bike? I think you just have to be creative about figuring out ways to help him. There isn't necessarily a "legal" answer to these types of problems.

    See question