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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.

Who Gets The Car If No Divorce Papers Filed Yet?

Dec 13, 2012

Omaha Nebraska Divorce Lawyer Question:

My wife and I are separated, but she has yet to serve me with the divorce filing. She has possession of the vehicle that is in my name and I pay for.

Do I have a legal right to retrieve the vehicle from her since we are still legally married, there are no court orders, and the vehicle is mine even though we both use it?

Factors Deciding Who Gets Temporary Exclusive Possession Of Marital Home

Nov 09, 2012

Exclusive Possession Of Marital Home Question:

What would be considered when deciding who gets to stay in the home during the divorce proceedings, otherwise known as temporary exclusive possession of the marital residence?

It's my understanding that one spouse can't force the other spouse from the residence unless it can be shown that occupancy by one would jeopardize the physical or mental well being of the other spouse or children.

Is that true?

Keeping Your Stuff

Nov 17, 2008

Cordell & Cordell, PC attorneys, Ken McRae and Heather Biagi discuss ways to protect your assets when going through a divorce.

Watch the video about how to keep what's rightfully yours.

Ask a Lawyer: Garnishing Wages

Sep 05, 2007

Question:

This question is in reference to a friend! He is currently seperated from his wife, and she has a truck (which includes both his name and her name on the title, but is in her possession). She hasn't been paying the note on the car and now the car dealership that owns it is currently garnishing his wages (she doesn't work but draws a disability check every month) because of her non payment. What if anything can be done to resolve this issue? And since they are seperated and she has full possesion of the vehicle can he maybe take her to court and get repaid the money that has been garnished from his checks? HELP!!!

Answer:

I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. He needs to file for divorce or legal separation. When the matter is pending and his wife has been served with papers, he can filed for a temporary order (assuming KY has temporary orders) asking the court to require her to pay for the vehicle in her possession. In the final division of property he can ask for repayment of the lost wages per the garnishment. As the parties are not legally separated, half of his wages are her marital property and therefore it is unlikely that he will get the money back in the divorce.

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