Archived
If my paternity test proves i am not the father after child support order has been issued what do i do next?
Jay's answer
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Answered on June 26, 2019
If you established legal paternity before or when child support was established, the process may not be as simple as notifying the court. You’d...
Archived
Is it ethical for a lawyer to file bogus, dubious motions in order to encourage opposing party to settle?
Jay's answer
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Answered on June 26, 2019
Strictly speaking, lawyers are not supposed to file any frivolous pleadings or motions. But it happens all the time. There are even attorneys who...
Archived
Does this qualify for an ex parte?
Jay's answer
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Answered on June 26, 2019
For any temporary order without notice, you have to prove that irreparable harm will occur if the court denies your request. The information you...
Archived
If I file for separation or divorce now will I get half of the profit from the house we just sold?
Jay's answer
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Answered on June 25, 2019
You need to consult with an attorney because you actually may not be entitled to half. For him to be the only one on title, it's likely that you...
Archived
What are my options in removing my name from a mortgage loan after divorce if property division was not addressed in our Decree?
Jay's answer
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Answered on June 24, 2019
You’re in a difficult spot. The verbal agreement won’t be enforceable and frankly I’m not sure the family court would have any jurisdiction here....
Archived
Can a recorded phone call be used in a custody case if you didn't know you were being recorded, can I be subpoena to court
Jay's answer
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Answered on June 24, 2019
If you were both in Arizona, yes. It’s a one party consent state that means a participant to a conversation can record the conversation even...
Archived
Can I get a restraining order to keep my wife’s friend away from my kids?
Jay's answer
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Answered on June 24, 2019
It doesn’t sound like you have a basis for a protective order. There would need to be reason to believe she will (not just could) harm your...
Am i able to reopen my divorce decree that was settled in AZ in Feb 2011. I signed everything under extreme stress, duress etc
Jay's answer
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Answered on June 24, 2019
Unfortunately, it probably isn't possible. For things like being lied to or other misconduct of the other party, you only have six months to raise...
Archived
Custody and legal ramifications of no father on birth certificate?
Jay's answer
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Answered on June 24, 2019
The birth certificate does not confer parental rights or establish paternity. It simply creates a presumption of paternity, though in your case...
Archived
Can I get my retainer back?
Jay's answer
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Answered on June 23, 2019
You’d need to contact the attorney to discuss this. We don’t have any way to guess how much work was performed. You also might review your fee...
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