I left that job before we were married, so is he entitled to any of it?
The short answer is "it depends." Are you still adding to it or are you not and it is natural growth? If you are adding to it, of course the amount during the marriage is equally split. If you are NOT adding to it, even the natural growth during the marriage would generally be your separate property as it was based on a pre marital asset. .See question
So I heard judges prefer joint custody. My ex hasn't been around or paid for my kids for 5 years now. I want some custody since he's clearly been an absentee dad. Is there a chance the judge will still give him some kind of custody if he asks for ...
I agree with Emily. The Judge will put a procedure in place that they see it as being fair safeguarding the children who might be strangers to your ex. It will very likely not be week on - week off custody out of the case. That arrangement may not be appropriate. Short supervised visits and then day visits should happen first before overnight visitation is on the table.See question
Right now, my ex has primary custody. Years ago, I an addict, my ex husband was my dealer. I needed help I couldn't stop, I begged him to stop inabling me, but he replied "that I I would only get them somewhere else", and continued to feed my habi...
You can always file a motion to change custody based on these facts. You can record him with conversations. It might not come in as evidence but it can come in as evidence to IMPEACH him (if he denies saying what he said on the conversation). You can ask the court for an ex parte drug testing order if he is calling you asking for drugs. That seems to be the best course.See question
I moved out of the home because of separating from my spouse. I've contacted him about my belongings but no response and now I received an email from my in-laws that they will throw it away unless I pick it up within a certain time. I don't have t...
The Court will determine when you are to get your things. Usually it is 30 days or so from a specific time (from date of Decree, date of separation, date of hearing, etc).See question
I filed a motion to have my child support modified over a year ago. Somehow every time we go to court his lawyer starts on a subject and gets the judge off course and it never gets fixed. Also will the increase be from when I asked for the modific...
If the motion to modify child support has not been ruled on, the date of modification can go back to the date you filed (and not just the hearing date). Any motion should be ruled on with every issue at the time set for hearing but if needed, file a new motion and make sure before you leave court, you get a ruling on the issues in the motion.See question
My wife and I have been married for 5 years (together for), have two kids (ages 9 and 6). We both work full time and split all expenses pretty much down the middle. We do not have a combined bank account, we've always kept our money separate. I am...
There are a lot of facts that go into play here such as the custody label, the visitation timeshare, the take home pay, your expenses, her expenses, etc. The Court can reallocate income so expenses can get paid. The court has to know how much money there is and it is up to the court to determine who pays what.See question
If the plaintiff filed for the RO but couldn't make it to court, can the defendant issue an order against the plaintiff ?
No. If the only issue is whether to either grant or extend a restraining order, then the matter will be dismissed. The Plaintiff is not on notice of any relief you are seeking without notice of the documents and a chance to defend themselves. This is required.See question
Wife left and took everything just leaving me with clothes on my back took both cars one in just her name and one in both our names I need my truck back how can I get it back no divorce is filed yet but she is refusing to give me one. Please help
It will be deemed a civil matter. First get a divorce filing done. Then you would need to send some written correspondence asking for your truck. What legal basis does she have to keep your vehicle away from you with her having 2 vehicles and you having none? A motion can be filed on this issue but that still puts you without a vehicle for at least 30 days+ until the hearing. The police would say you have just as much right to the vehicles, especially to the one in both names. Good luck.See question
I am helping my girlfriend move out of the house she shared with her soon to be ex wife. Can I get in trouble for being in the home and helping her move if her ex calls the cops? They are still legally married and both jointly own the home.
You have a right to be there so long as your girlfriend jointly owns the hope and your are her guest. However, try and move out and be as civil as you can in this tough time sorting out personal property. The police won't do anything other than to ask you to finish what you are doing to avoid future conflict. You are doing nothing wrong.See question
I am in the process of divorce so our community property has not been divided yet. I served my husband with the paperwork that as for now we cannot sell or give up our stuff but I just received notice from his parents to pick up my stuff or they w...
Can they...yes. Should they...no. A court will not know what is there and what is not. It is best to be proactive and get a moving truck and a storage locker to protect your things and worry about the distribution later. In laws and other family members can be bitter in these hard times so make arrangements to get your things in the next 3 days and communicate your intention to all interested parties in writing.See question