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Barry L Brody

Barry Brody’s Answers

32 total

  • Can I make her to move out on 2/3/14? Based on this agreement that was drawn by mediation.

    Immediately after the respndant moving out of the home or beginning February 3, 2014, whichever occurs first, the petitioner must pay......After the respondent moves out, the spousal support should continue for 12 months.."..... I need your ...

    Barry’s Answer

    It does not seem clear that she is under the obligation to move out on 2/3. This language seems to be aimed at triggers for the payment of money.

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  • Can I have my ex to pay for half of my insurance premium after divorce?

    I am a contractor and I make about the same as my husband. I don't have any medical benefit and he does. Can I ask him to pay for half of my medical insurance after divorce?

    Barry’s Answer

    If the decree is already entered, and you may be able to amend or modify the terms in very limited areas and under very limited circumstances. If the decree has not been entered, those payments can be ordered or agreed to under some conditions. You should speak to an attorney for more precise help.

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  • Does a marriave have to be consummated to be legal?

    My new husband has been diagnosed with cancer & because of his medication we are unable to consummate the marriage. Is this a legal issue in this day & age or is it mostly a cultural and/or religious issue? My husband & I live in Maricopa Arizona.

    Barry’s Answer

    If you are looking for grounds to dissolve the marriage (divorce), it does not matter. Unless you have a covenant marriage, fault or reason does not matter. If you are trying to void the marriage, a different set of standards apply, and the analysis is very fact-driven. You should contact an attorney for guidance if that is the case.

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  • Witness disclosure deadline and court filling dates missed: was malpractice committed?

    My sister's divorce attorney disclosed the name and incomplete contact information for their expert witness (a forensic accountant) after the deadline. As a result, the judge barred testimony from the accountant on her behalf. The pre-trial stat...

    Barry’s Answer

    Your sister should contact a malpractice attorney for better advice, but generally, the standard of duty is not met when an attorney misses deadlines without a valid reason, or puts forth information to the court that is not complete nor accurate. If your sister was damaged, such as receiving less money as you suggest, and if that damage is the result of failing to meet the appropriate standards, then a claim may well exist. Please understand that there are many reasonsto miss deadlines and provide erroneous information, and the attorney may well have valid defenses such as lack of cooperation from your sister, or if she provided wrong information.

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  • I am legal separated and want to file for divorce. Is filing the divorce the same process as if the separation wasn't in place?

    Do I file out the divorce paperwork and am I able to use anything already completed from the separation?

    Barry’s Answer

    If you have a Decree of Legal Separation signed by a judge, the process to obtain a divorce is merely a conversion. If all property and debt is provided for, and spousal maintenance, child support and the like addressed, the conversion process is very simple. If not, you will need to formalize those topics in the divorce process.

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  • I am going through a divorce and want to buy a vehicle.

    Hi, I am currently going through a divorce and want to buy a vehicle. Does the vehicle become a marital asset by virtue of registration or ownership or title? I have some flexibility to get the loan and title in someone else's name but a...

    Barry’s Answer

    After filing and service, the vehicle can be purchased as your separate property if you use separate monies (e.g. post service earnings). You can title the vehicle in your name without issue.

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  • How can I get an at arms length sale of house in divorce settlement?

    everyone agreed to sell house. but 11th hour wife tried to do an arrangement with a private lender. now I want it sold at arms length and she will not agree to it.

    Barry’s Answer

    You may need the judge to reaffirm her requirement/agreement to sell. You can also ask the judge to appoint a Special Real Estate Commissioner to sell the property. The Commissioner will then take control of the process that is not agreed to by your ex and you.

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  • Unvested Restricted Stock Units and divorce in Arizona

    I was recently ordered to split all stocks earned during the marriage, The problem is I technically don't own these stocks because they haven't vest yet. My company wouldn't even allow such transfer. and the vest will happen in the future if I...

    Barry’s Answer

    • Selected as best answer

    You cannot divide what is not legally yours. Nonetheless, the court ordered you to do so. I would therefore suggest that you contact an attorney to "clean up" the language. Since the shares cannot be divided now, and quite possibly the company will not divide them in the future, the language in your Decree needs to reflect your duty to protect your ex-wife's interest, and to get her the money and/or stock that she is entitled to at the correct time.

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  • How/When do I ask the Judge to order my ex husband to pay all court costs?

    I do not have an attorney and did not during the original divorce, nor do i have the funds to get an attorney. My ex husband's attorney (unbeknownst to me) made changes to the divorce decree after I signed it and submitted it to the court. I then...

    Barry’s Answer

    The papers that you originally filed should have had the request in them. You can try to amend the filing, or you can try to ask the judge to do so at the time of the hearing. Any award of court costs is purely at the discretion of the judge.

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  • How do I get my ex husband to transfer his half of a 401k ordered in our divorce decree in 2007? Can I get interest?

    In my 2007 divorce decree my ex husband was required to get a QDRO for half of his 401k acct. He's given numerous excuses over the years, and never completed it. I'd like to see how to get the amount owed to be transfered, and how much interest ...

    Barry’s Answer

    If the Decree is specific as to what is to be done, you can either start that procedure on your own, or file with the court to order more specific compliance and/or contempt. If the Decree is not specific, you can file with the court to obtain a clear set of procedures to obtain your share. In either case, you will most likely be entitled to the growth on your share of the the Plan. I suggest that you contact an attorney to help you.

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