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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> filing
Nov 04
2009

Ask A Lawyer: Can I Mitigate My Obligation To Pay 1/2 Of Her Debt?

Posted by pmcmahon in notice , Legal Strategy , filing , Erik Carter , dissolution , debts , Cordell Cordell, PC , Ask A Lawyer

Question:

My spouse is spending her money aggressively to eliminate any cash that she may have to split in our divorce. What can I do to mitigate my obligation to pay half of her debt?

She has served me with a Notice of Dissolution of Marriage, but nothing has been filed yet. I believe she is doing this as a calculated move on her part, re-enforced by her attorney.

Oct 09
2009

Ask A Lawyer: What Are The Benefits/Dangers Of Filing First?

Posted by pmcmahon in Richard Coffee , Legal Strategy , filing , Cordell Cordell, PC , Ask A Lawyer

Question:

I have recently separated from my wife. She is staying at the family home for now, and we have basically agreed on child support, and the distribution of certain belongings.

What would be your advice on how I should proceed with this situation legally in order to better protect myself. There is nothing in writing up to now, and no attorneys are involved. I want as much time with the kids as possible and don't want to be overburdened with maintenance.  What are the benefits/dangers of filing for divorce and taking the initiative to move this along?

Jan 15
2009

Divorce and Your Taxes: Filing Jointly vs. Filing Separately

Posted by Dads Divorce in taxes , Maintenance , Jill Rauk Daughtery , filing , Cordell Cordell, PC

Tax details are not small details in a divorce; they can make a substantial difference in the award of property you receive or the amount of child support you pay. And yet, I find that tax implications are often brushed aside in the context of divorce settlement negotiations or completely ignored at trial. 

Feb 06
2003

Ask a Lawyer: How can I get divorced with my wife and son in another state?

Posted by Dads Divorce in Rules , Procedures , paternity , multi-state , location , jurisdiction , FL , filing , DNA , Ask A Lawyer

Question:

I want to file for divorce from Florida but my wife is in Oregon. I recently found out that my son might not be my son so that complicates things. Do I hire an attorney in Florida to do the divorce or do I have to go to Oregon to hire the attorney? Or do I do a paternity test first to make sure my son is mine to so I can hire an attorney from Florida?

Answer:

I cannot answer your question specifically to the laws of Florida or Oregon as I am not licensed to practice law in those States. Get the DNA test. In most jurisdictions if you agree he is your son now in the divorce process you can not later challenge it unless there is fraud. So protect yourself. As far as where to file, how long have they been in Oregon? If it is under 6 months then you may be able to file in Florida still as it is your child's home state. I suggest you seek counsel as you will need to file a Petition for Paternity, DNA testing and custody.
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