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Amy Spector

Amy Spector’s Answers

24 total

  • Should I tell mistress husband she is having affair with my husband? They are wealthy very prominent people in my town

    Husband has been having affair with a wealthy married women for 7 years he butt dialed my daughter while they were discussing their sex life is how we found out

    Amy’s Answer

    If you are considering divorcing your husband, there is likely no benefit to telling your the husband of your husband's mistress about the affair. But, every case is different, and there may be relevant information that could be gained from the mistress's husband. The best way to find out the answers to your questions is to consult with a family law attorney. If you are interested, my firm offers free one-hour consultations in Belleville. Give me a call at (618) 551-0300 if you would like to schedule an appointment.

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  • Spouse been in a 7 year affair can I move out and take kids with me and items from home when he is gone "Fishing for the weekend

    Can I take what I need from the marital home with out his consent? (My dining room table and hutch) for example? And Two kids 16 and 12 I will notify him where when he gets home

    Amy’s Answer

    I agree with the other attorney that you both have equal rights to the marital property at this point, but that is also why it is not as simple as taking furniture and items from the home and moving out. I would suggest that you contact an attorney that handles family law cases so that you can discuss the facts and circumstances of your case and obtain some legal advice before you take any actions.

    If you are interested in a free one-hour consultation, you can contact me in my Belleville office at (618) 551-0300, and I can schedule an appointment with you.

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  • I am preparing to file for divorce but I do not have an address for my estranged husband. Can I still file?

    My husband and I separated at the end of August. He currently lives with his girlfriend who is on Section 8. He will not provide an address and states he does not have one. Am I still able to file the divorce with his address listed as unknown?

    Amy’s Answer

    In my State of practice, you must show the Court that you have performed a diligent search to locate your husband. Some resources that have proved useful are Google, Facebook or even White Pages. If you are still unable to locate your husband after a diligent search, you may then request permission from the Court to serve your husband by publication. Each state has different requirements for service by publication, but in general you must run a notice in a newspaper of general circulation in the County of filing that a case has been filed, who the case involves and some information on how the opposing party may respond to the case. Once that has been accomplished, if your husband does not respond to the Court after a certain amount of time, you may then request that a default judgment be entered against him. However, there are restrictions on the amount of relief you can receive under a default judgment.

    In short, you should speak with an attorney about this situation, and they will be able to provide more detailed information about your State's requirements for serving a party that cannot be located.

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  • Why did my husband file a counter-petition for dissolution of marriage?

    I filed a petition for dissolution of marriage in September. My husband just filed a counter-petition for dissolution of marriage. Why would he do that? What could he possibly gain from it?

    Amy’s Answer

    I agree with the other attorney answers. As an attorney, when a potential client comes to me who has already been served with divorce papers, I always ask them if they also want a divorce.

    If so, then I always prepare a Counter-Petition for Dissolution. This way, if the person who filed the case decides to drop the Petition, we are still able to proceed through the Court system and ultimately receive a Judgment for Dissolution of Marriage based on that Counter-Petition.

    It also allows the Counter-Petitioner to provide more detailed allegations than what is generally available to present in a simple Answer to Petition for Dissolution of Marriage.

    There are a variety of reasons a Counter-Petition is filed. But the bottom line is that you must now respond to his Counter-Petition, just as he was required to respond to your original Petition. Talk with your attorney about the next steps that should be taken in your case.

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  • I sighed over gardianship to my childs mother. i am not on child support. would that mean that i would have to pay support?

    my childs mother is in the military in texas but the child lives with their grandparents. and the mother wants to put me child support

    Amy’s Answer

    I completely agree with Ms. Goldstein. Depending on the terms of the Order, you may very well be responsible for paying child support to the guardian of your child. So, if your child's mother does not currently have physical custody of your child, she may not be the person that pursues child support proceedings. However, my best suggestion would be to consult an attorney with the guardianship orders in tow so that you can get this question answered with more certainty.

    Please keep in mind that you must consult an attorney licensed in the jurisdiction where the guardianship was entered. I noticed that you are located in Illinois. If the guardianship was entered in Illinois, you may want to contact my office, Stange Law Firm, L.L.C., at (618) 310-3711 for a free one-hour consultation. if the guardianship was entered in another state, consult an attorney in that state.

    Best of luck!

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  • If I get emancipated will I be able to get a tattoo? If I get emancipated will I be able to go to under 21 clubs?

    That's it really.

    Amy’s Answer

    Becoming emancipated is not the same as reaching the age of majority. Emancipation allows you to make your own decisions without requiring parental supervision or approval. It also cuts you off from your parents as though you are already a legal adult. The minimum age requirements assigned to tattoo artists, liquor stores and nightclubs will likely still apply and you will still probably have to wait until you are 18 or 21, respectively, to enjoy those privileges, regardless of whether you have been emancipated.

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  • Going to court to try for joint custody. Father already filed temp majority. Was not able to file response. How can I win?

    My ex boyfriend and I have two children together under the age of 3. I moved out due to the excessive amount of arguing and yelling and it was starting to have a negative impact on our children. He filed for temporary majority custody. I wasn't ab...

    Amy’s Answer

    I agree with Gary. Any attorney will need additional facts and information from you to provide an accurate response to your question. However, it is quite unlikely that you will be able to meet with an attorney prior to tomorrow. My suggestion is that you plead to the presiding Judge's empathy and request that you be granted a continuance so that you can seek representation in defending yourself against your boyfriend's filing.

    If you are interested in meeting with myself or another attorney in my office in either our Belleville or Edwardsville office location, please contact Stange Law Firm, L.L.C. at your earliest convenience at (618) 310-3711 to schedule your free, one-hour consultation. We would be happy to sit down with you to discuss this matter further. At that time, we will be in a better position to analyze your case and provide you with advise and recommendations as to what we could do to assist you, if anything, as well as what you can expect from the process.

    We look forward to hearing back from you soon.

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  • Do fathership rights trump guardianship?

    Last year, I signed voluntary guardianship of my daughter to my parents which was supposed to be temporary but I found out they lied about the papers they submitted. I have lived with them for 10 years & my daughter is 8. Now that I have moved out...

    Amy’s Answer

    You definitely need an attorney to review the Court file to determine exactly what has been filed, what is pending, and what arguments may be available for you to support your position that the guardianship should be terminated. This is not an easy case, by any means, and you are going to need a lawyer to explain the process to you and represent your interests in the Court.

    If you are interested, my firm offers a free one-hour consultation for family law and guardianship related issues in Belleville, Illinois. If you would like to set up your complementary appointment, please contact our office at your earliest convenience at (618) 310-3711. We look forward to hearing from you soon.

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  • I filed for a divorce, I moved out of state. Respondant filed for a Prove-up, twice , I am Pro se .

    I filed for a divorce in 2011 thinking since she left the marriage for 2yrs, in the Illinois the divorce would come quickly. Now we're at the Prove-up stage which her lawyer filed. Twice it has been cancelled, can I request a Prove-up? There are ...

    Amy’s Answer

    Without knowing more about the background of your case, there is no way to know why the case has been continued thus far. The other attorney is correct in saying that if you want to ensure that this divorce is concluded properly and as quickly as possible, you should hire an attorney to tie up whatever loose ends there may be.

    My office offers a complimentary one-hour consultation. If you are interested, please contact Stange Law Firm, L.L.C. at (618) 310-3711 and we would be more than happy to schedule an appointment for you so that you may discuss this matter with one of our attorneys in greater detail. Please let us know if we can be of assistance.

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  • How can I get all the father's rights removed?

    I have 2 children, 10yr daughter & 8yr son. The 8yr is mentally disabled,requires special medical care,& has had multiple surgeries. There father & I split up 7 1/2 yrs ago & we were never married. He doesn't pay child support unless courts are th...

    Amy’s Answer

    The first question I must ask you is whether you and another individual are wanted to adopt your children. The adoption process, when another individual will be stepping in for the person whose rights will be terminated, is generally much easier. On the other hand, if you are simply looking to terminate your ex's parental rights without another person wishing to adopt your children, this will be much more difficult because you will have to prove that having no father is in your children's best interest.

    Secondly, Have you contacted their father to inquire as to whether he will consent to the termination of his parental rights? If he is consenting to this process, it will again make the process much easier. But you must still convince the Court that termination is in the children's best interest and you must provide the father's consent in writing, which must comply wtih the requirements of Missouri Revised Statutes Section 211.444.

    If however, the father will not consent, you have an uphill battle, especially if there is no other individual that will be adopting your children. As you might expect, you must prove that the termination will be in their best interests by a preponderance of the evidence and that you have grounds for terminating his parental rights. Those grounds that you must prove are spelled out in Missouri Revised Statutes Section 211.447.6.

    Your best option is to consult with an experience family law and adoption attorney to discuss the details of your situation further.

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