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Diane L. Mader

Diane Mader’s Answers

133 total

  • I am trying to get a divorce. should i sign a quick claim deed

    i am going through a divorce but can't afford a lawyer so we r trying to go through a online thing. i am giving him the house and everything in it i want out of all responsibility concerning the house. he wants me to sign a quick claim deed and re...

    Diane’s Answer

    You give up your legal ownership of the house if you sign a quit (not quick) claim deed.

    You are still legally responsible for the debt if the lender does not release you from the loan or if the loan is not refinanced to remove your legal responsibility.

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  • My divorce decree isn't being enforced, my lawyer doesn't seem to care. What options to I have?

    Divorced 1 year ago, decree said ex was to pay support each month until he got the money to pay off the total debt. Hasn't paid a cent. If not paid by Dec, he was to sell the house and split the profit. Nothing has happened. Went back to court, go...

    Diane’s Answer

    I am sorry to hear you are having trouble enforcing the terms of your divorce judgment. This is a difficult situation.

    You can certainly get a different attorney to go back to Court to attempt to enforce the Court's Order. You state that the attorneys don't seem interested in your enforcement rights. It is hard to get enforcement if your former spouse does not have funds to do what is required.

    If the Court ordered that the deadline for payment is August 31, the Court may considered other options for enforcement after that date.

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  • I missed my mediation appointment will I be fined?

    I wrote the wrong date down,& missed mediation by a day.Made several calls have had no reply what is in store for me will i be fined? I have no reason to stay in my home there is a short sale contract in the works it looks promising.My home is und...

    Diane’s Answer

    I cannot answer your question about whether you will be fined for missing mediation. You will need to speak with the person in charge of the mediation.

    You should post your questions concerning short sale to the real estate part of AVVO.

    I am sorry for the problems you are experiencing and with you the best of luck with the short sale.

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  • Divorce help!

    how do I help my daughter who lives in HI and is married to a man dishonorably discharged from the marines and is now in Iowa. He sent her divorce papers with untrue statements, like no debt and they do have debt etc. She signed them and sent back...

    Diane’s Answer

    I am sorry to hear of your daughter's difficulties.

    Your probably can't help your daughter on your own. She needs to retain a competent divorce attorney to guide her through the divorce process. Your daughter signed some papers and sent them back but doesn't even know what the papers were although she did know that some of the statements in the papers were untrue. That can't be good!

    I understand that it costs money to retain an attorney for your daughter but given what you have said, it sounds like she really needs to be represented. It is difficult to represent yourself in a divorce that is happening in another state and your spouse has representation and you do not. It is a prescription for disaster.

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  • I am a stay at home mom who's husband now wants a divorce. How to I pay for an attorney when I have no income?

    I have been married for 11 years, a stay at home mom for three of his kids for most of that time. I have no income and my husband says that everything in the joint checking account is his because I make no money. How can I hire an attorney to get ...

    Diane’s Answer

    I am sorry to hear about your difficult situation.

    You need to meet with a local divorce attorney as soon as possible. You know you cannot trust what your spouse is telling you.

    How to retain an attorney without funds is a difficult question to answer. Some attorneys accept credit cards. Could you get a loan from friends or family? Is there a pro bono assistance center in your county?

    Good luck.

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  • Does husband get to rent expensive apartment during separation while bills are still paid jointly?

    My husband and I are separating. I'm staying in the house with our child. He just rented an apartment that costs more than our mortgage payment. All our bills are still paid out of our joint account. Did he have to consult me before leasing an...

    Diane’s Answer

    It is too bad the two of you didn't discuss the cost of an apartment in advance. You don't say whether or not a divorce has been filed. If no divorce has been filed, there is no court order about how money can be used.

    I think you need to speak with a local divorce attorney for advice as soon as possible. The worst case scenerio is that this is just the first of many financial decisions that happen without discussion.

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  • What process do I need to go through to get my husband to move out? He is an alcoholic. He is also a locksmith, so I cannot lock

    My husband needs to move out.

    Diane’s Answer

    You need to file for divorce and get a court order granting you exclusive occupancy of the residence.

    It sounds like this is something the two of you won't be able to agree about. You should immediately seek the advice of a local divorce attorney to protect your safety and security.

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  • Do I need to keep paying for the rent and bills on the house during the divorce if I dont live their

    I dont live in the house anymore,do I have to keep paying the rent and bills for her?She will not be able to afford the house when this is all over.

    Diane’s Answer

    If you are obligated under a lease to pay rent, filing for divorce doesn't usually change your legal responsibility to the owner of the house. Not paying will be, at a minimum, bad for your credit, and could get you sued for non-payment.

    As to the bills, that depends on what the bills are for. You say they are for her, but if the bills are for utilities, credit cards, loans, etc. that are in your name, the above comments as to the consequences of not paying them apply.

    You and your spouse really need to sit down and discuss how to handle the bills while the divorce is pending and also begin planning for how to divide the bills when the divorce is granted.

    You should speak with an attorney or mediator.

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  • Divoce filed in2010, parties filed joint married tax return 09 and split return, how is this figured in divorce settlemt

    Wife did not work that year, one small child. Can the tax return be used is property settlement, child support obligation? She seems to think this is a freebie. He could have filed tax return married separate but did not as best return by filling...

    Diane’s Answer

    I am not sure what you mean when you say "she seems to think this is a freebie."

    How to use the tax refunds is something the divorcing parties will need to agree about or the court will make an order concerning how the refunds should be used or allocated.

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  • How can I get a legal separation or divorce from my wife who has alzheimer?

    My wife has been in a long term facility for the past 6 years, she cannot communicate, or speak . She has no memory. Our child is over age.

    Diane’s Answer

    You need to contact a local divorce attorney about your situation. I practice divorce law in Wisconsin and here it is possible to get a divorce under the circumstances you describe. There are special legal steps that must be taken to protect the rights of the spouse in a situation like you describe in Wisconsin but divorce is possible here.

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