Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• If a marriage is declared void, will that have an affect on my adoption of her child?
• My wife signed over custody of our kids by a letter that was signed in front of a notary. Is this a legal binding agreement?
• Is my Ph.D. marital property that my wife has a claim to, and how will this affect spousal support? How will the value of this degree be determined?  
• I'm in the military and deployed in another state from where I live. Where should I file for divorce?

Question:

My former partner and I were never legally married due to her not getting a divorce from her common law husband she was with before me. Does that make my adoption of her daughter void?

Answer:

I am not licensed in Colorado, therefore I cannot give you specific advice on that state’s laws, only general information.

Generally adoptions are not tied to a marriage. If a marriage is declared void or voidable, this will likely have no bearing on your adoption of her daughter.

However, if you need additional legal advice or representation you should speak with an attorney in your area immediately. Cordell & Cordell has many attorneys in Colorado who would be glad to review your case if you so choose. This answer should not be construed as creating an attorney-client relationship. Thank you for submitting your question to Dadsdivorce.com.

Question:

My wife signed over custody of our children by a letter that was signed in front of a notary. Is this a legal binding agreement?

Answer:

I must preface my answer by stating I am not licensed in Georgia and therefore cannot give you specific advice about your case, only general information.

You may be able to use this as evidence in your custody case, however normally a judge will not simply give you custody based on the letter alone. If you have not already, I would suggest you speak with an attorney in your area for additional legal information or advice, as most parties in a custody battle require an attorney’s assistance.

Cordell & Cordell has attorneys who practice in Georgia who would be glad to review your case if you so choose. This answer should not be construed as creating an attorney client relationship.

William Halaz, III is a Staff Attorney in the Arnold, Missouri office of Cordell & Cordell, P.C. Mr. Halaz is licensed to practice in the state of Missouri. Mr. Halaz received his bachelor's degree in Political Science from Southeast Missouri State University. Then continuing his education, received his Juris Doctor from St. Louis University’s School of Law.

Question: 

I received a Ph.D. during my marriage. Is my Ph.D. marital property that my wife has a claim to, and how will this affect spousal support? How will the value of this marital asset be determined? 

Answer:

First let me preface my answer by stating that I am not licensed in New York and I am unable to provide specific advice to your question, since I am not familiar with all the facts and issues associated with your case. To get specific advice to your question, you need to seek the advice of an attorney licensed in your jurisdiction.

With regard to your Ph.D. many courts have found that a professional license is not marital property because they cannot be divided, so depending on your jurisdiction your Ph.D. may be considered your separate property. Your Ph.D. itself is should not be relevant to the calculation of any spousal support, but your income will. So by earning your doctorate, if your income has increased, then your ability to pay spousal support will go up as well. Each jurisdiction determines spousal support in a different way and each jurisdiction weighs different factors in determining what an individual should pay. You should seek the advice of an attorney in jurisdiction for specific advice to your question.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

Question: 

I get out of the Navy this summer. My wife wants to file for divorce in Maine though both of us are legal residents of Nebraska. Can I take my kids to Nebraska with me and file for divorce? Or how can I file for divorce there while living in Maine?

Answer:

First I must preface my answer that I am licensed to practice law in Nebraska only. I would suggest you contact an attorney licensed in Maine to get perspective on that state’s specific laws, as they apply to your situation.

Nebraska law requires at least one party to the action to have had residency in Nebraska for at least one year prior to filing. Active servicemembers who maintain Nebraska as their legal residence are considered ‘residents’ throughout the pendency of your out-of-state deployment – you do not lose residency because of your military deployment. You can call 402.501.9800 to schedule a time for a phone consultation and I can speak with your further about how to go about doing that.

 The custody issue will not be so simple. Maine and Nebraska have adopted the UCCJEA. The UCCJEA maintains that if there is a state the child has been living in for the previous six months, then that state has exclusive jurisdiction as to deciding custody issues for the child. If you have not been living in Maine for six months, then it’s possible you could file for custody in Nebraska, based on substantial connections your child has with the state of Nebraska. It’s a time sensitive matter.

Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.