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 >> marital
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Posted by Dads Divorce in Visitation , remove , Property , Parenting , marital , jurisdiction , home , forcibly , FL , custody , Children , Ask A Lawyer
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Question: My wife of 13+ years has decided she wants a divorce. We have 2 kids together, a boy 10 and girl 11, who are the center of my universe. What I need some serious advice about is that she has made it clear that she expect me to move out. Is there anything she can legally do to force me to leave? I mean it's her idea to split up and I actually owned our house long before we got married even though her and my name is on it now. This question is not about retaining ownership of the property. It's about staying with my kids as long as I can. I'm just concerned she will force the issue if she can. Answer: I cannot answer your question specifically to the laws of Florida as I am not licensed to practice law in that State. Some jurisdictions have the ability to seek temporary orders to move a spouse out of the home. Usually those orders are due to violence or mental abuse that is damaging to the children. So long as she doesn't abuse the system (fabricate the truth), then it will be difficult for her to remove you. However, know that this is very specific to the individual judge as well as the state so I suggest you seek counsel as soon as possible.
Question: My wife is not on the title but is on the loan. It was my house and when we refinanced, the title company did not include her on the title, just on the loan. We have only been married three years and she brought money into the marriage from the sale of her house. Since the money was comingled, she wants half of the farm. Can we fight that and win? She already wants $750 per month for child support and lots more money from splitting assets. I had the farm six years before we got married and prior to refinancing, was on both the title and the loan. Answer: It is difficult to say for sure that you can fight this and win. It is totally dependent on the documentation that you can provide to back up your claim of separate property. At minimum, she will be entitled to one-half of the appreciation in the equity of the farm. I think you can preserve the separate nature of the remaining interest, but you will have the burden to produce all the documentation and information to prove that you had no intent to make the farm marital property by refinancing.
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Posted by Dads Divorce in Property , MO , marital , Maintenance , investment , house , home , equity , Child Support , Ask A Lawyer , account
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Question: My wife and I have split up. She has left and has acquired an apartment leaving me and my 18 year old daughter in our home. Over the last 2 years, I have spent about $60,000 from an inheritance on the house. If it comes down to a divorce, my wife has already stated I can have the house. Will the money spent on the home in the last 2 years be subtracted from what would be her share of the equity? Also, we have had seperate checking accounts for 10 years or more. I have been paying the house payment and all utilities. My wife does work and has her own accounts. She was just responsible for groceries. My 18 year old daughter wishes to remain with me. She will be going to college. Answer: As far as the house and your inheritance, that question is difficult. If she choses to ask for one-half of the total equity including your separate funds, then you will have to prove that you used separate monies not for the benefit of the marriage, but that you knew the marriage was over and that you were trying to improve the home for you and your daughter. This is a toss up and is highly dependent on the documentation you can produce to show use of your funds.
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Posted by Dads Divorce in worker , seperation , Rules , Procedures , MD , marital , debts , compensation , Ask A Lawyer , aseets , abandonment
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Question: My husband and I are separated. He just received a big worker's comp check. Is there any way I can garnish it to get half to pay debts that I need help with due to his abandoning me? Answer: Allow me to preface my response with the disclaimer that I am not licensed in the State of Maryland. You can not garnish because you do not have a Judgment against him. But some or all of that award may be marital money, so if you file for divorce, the Court may divide it or at least freeze the account until it is divided.
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Posted by Dads Divorce in Visitation , VA , Property , Parenting , multi-state , marital , home , custody , custody , Children , assets , Ask A Lawyer
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Question: My wife and I have both sought legal counsel regarding separation. She has taken the children for the holidays to her parents house two states away. Her two comments were: 1. If you want to see them, you have to come to my parents' house. You cannot take them away from here to your family. I will not allow it. Do I have any legal rights to 50-50 custody until this is settled? 2. She said she wants me out and says I have to leave immediately. Do I have a legal right to stay there until the separation agreement? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. You are both equally entitled to the children as well as your home. The only way to change that for either of you is through temporary order of the Court. 50/50 custody will be more feasible long term if you start it as soon as you separate, so I suggest moving forward on a plan with your attorney to do the same.
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