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Wail Sarieh
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Wail Sarieh’s Answers

3,603 total


  • I retained attorney;going through divorce. Limited budget. How to discuss fees? Cap on fees? And how much divorce will cost?

    I retained attorney. Gave deposit. Satisfied with service. Don't know how to bring up fees respectfully, "how much more will it cost?" . How much more of a deposit will I need to make? Limited budget. How can i help keep costs low? Attorney's ra...

    Wail’s Answer

    You can ask directly. And can open the subject by inquiring whether the attorney will as for fees from your spouse

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  • Can I get sole custody of my baby if husband has admitted he does cocaine on occasion even if it's hard to prove?

    I'm a Stay at home mom, my baby is 16 months. My husband works away. Marriage is falling apart due to trust issues that he does drugs with friends

    Wail’s Answer

    More likely than not you will get primary custody and he would get visitation with some safeguards

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  • What does "ascertained" mean in family law?

    I've been reading case laws for my divorce and came across this: "The mere commingling of separate with community funds in a bank account does not destroy the character of the former if the amount thereof can be ascertained”. What does "ASCERTAINE...

    Wail’s Answer

    Ascertained in the context of commingling means tracing; get yourself a forensic accountant to trace the separate vs. community funds.

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  • Case of ambiguity?

    What does it mean if an attorney is trying to say the orders are ambiguous only because a judge didn't sign them? Isn't that a serious grasp for straws? I can prove the other party knew and understood the order and has deliberately disobeyed said ...

    Wail’s Answer

    If the court stated that the minute order is the order of the court, then you are correct. I would do a Findings and Order after Hearing modeled after the court's minute order, submit it for approval to the opposing and then file the Findings and Order after Hearing with the court.

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  • Can I file for a probate?

    My ex husband died and he did not leave a will. After 3 years of being divorced we got back together and never remarried. He only left his car and about $4,000.00 dls in the bank that were from the money he was receiving from disability . I am...

    Wail’s Answer

    I say it is not worth it, the estate administration will eat up the entire so-called estate. Try to resolve it with his heirs amicably.

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  • What sort of visitation is common when a parent has a history of drug abuse?

    My husband and I are separated and I am beginning to fill out forms for a legal separation (I haven't lived in my state long enough to file for divorce). I am curious what sort of visitation is appropriate considering my husband's recent drug use ...

    Wail’s Answer

    If the current drug use is proven and especially of he uses in the child's presence, the common thing is to have supervised visitation until he can provide clean drug test.

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  • Community property vs. separate property in divorce

    I owned a rental property before marriage that had a positive cash flow. The income was more than double of its expenses. After marriage I refinanced it and got $40K which was deposited in my business account which was commingled with community fu...

    Wail’s Answer

    You have very specific questions the answer of which will vary based on the factual background. However, generally speaking the proponent of the separate property has the burden of proof; so basically if you can prove that the rental income paid for the rental property expenses, then the community has no interest in the property. I highly doubt you can get reimbursement for the 40K that was commingled with community. Finally I do not know if the community paid for the refinance or the rental income was enough to pay for everything.

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  • What steps do I need to take to terminate parental rights?

    I have sole legal and physical custody. My daughter's biological father has been MIA for 2 years with no contact. To obtain sole custody I had to petition for service via publication as we could not locate him using a process server, internet sear...

    Wail’s Answer

    I hope there is a step-dad willing to adopt before terminating the rights of bio-dad. Basically you have to go through the same process for service of process of the motion to terminate bio-dad's parental rights. How old is your daughter now?

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  • Can I get financial support from my soon to be divorced spouse.

    We've been married 3 years, we have an 8 year old who is now with his dad. I worked 2 months during our marriage. I'm from the Philippines and I'm here on a marriage visa. I have no work and I am living with a friend now. I am receiving no support...

    Wail’s Answer

    You are entitled to temporary spousal support for at least year and half

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  • Can i modify a sole custody order?

    my ex and i had a child custody order in place, but about 2 years ago i decided to take my son to another country, he is now 5. my ex has sole custody now. i can see my son once a month under supervised visitation. i want to know if i should appea...

    Wail’s Answer

    The court has continuing power (jurisdiction) to modify custody and visitation. You need to show that your request to change custody/visitation order is in the best interest of the child and that there is no risk for you to take off with the child to Mexico. .

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