Archived
Will a judge vacate or set aside a dismissal on a divorce if requested by the one who filed it originally?
Jay's answer
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Answered on September 23, 2019
It can be reinstated but it’s discretionary. If there’s some prejudice that will occur from having to refile instead (other than a duplicative...
Is there double jeopardy for child support?
Jay's answer
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Answered on September 23, 2019
No, double jeopardy is a criminal concept. She’s free to pursue support, including retroactive support, if appropriate. You might want to consult...
Archived
If the divorce decree says my husband gets the marital home in his divorce and then his ex gets him to sign a warranty deed and?
Jay's answer
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Answered on September 22, 2019
If he transferred his interest after the divorce decree was entered, the deed might supersede the decree. If that’s the case, he’d likely need to...
If if someone sent divorce papers by certified mail and the recipient did not sign for it but someone else did. Is that being
Jay's answer
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Answered on September 20, 2019
It needs to be the respondent’s signature to ensure it’s valid service. The respondent may still file a response, but you’ll probably need to...
Is it illegal to post an injunction against harrasment on Facebook?
Jay's answer
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Answered on September 20, 2019
No, there’s nothing unlawful about posting legal documents that are already public record. If she said something false that calculably caused you...
Archived
How can I get my kids back from there dad if he is in Mexico and don't want to return them to me ?
Jay's answer
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Answered on September 19, 2019
Unfortunately you’d need to handle the custody aspect of any potential divorce in Mexico. You should consult with an attorney who practices in the...
Archived
My ex wife sends her parents to pick up our son when it’s her turn for visitation Anything I can do
Jay's answer
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Answered on September 19, 2019
If the order specified it can only be her, you could file a petition to enforce. But that’s almost never the case. Even if it says something like...
Archived
When is my paycheck no longer considered marital property?
Jay's answer
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Answered on September 18, 2019
You never have to give her half of your check. But wages earned prior to the date of service (even if not yet paid) can be considered community...
Archived
What do you do when you have an unresponsive attorney?
Jay's answer
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Answered on September 18, 2019
Your fee agreement will control the refundability. You can proceed unrepresented but it’s inadvisable. You should continue to contact your attorney...
Is a uniform/non uniform interrogatories a mandatory document in child support/custody?
Jay's answer
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Answered on September 18, 2019
Yes, you must answer discovery requests. If you do not, the attorney will compel and ask you to pay his attorney’s fees.
Certain objections...
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