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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My husband and i have been separated months. can he

Customer Question

my husband and i have been separated for 11 months. can he serve me at anytime during that 12 month process with divorce papers or does he have to wait one year and one day
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is SamuelIf the divorce is going to be based on a one year separation and irreconcilable differences, uncontested then the full year must come and go. The divorce cannot be filed until after the 1 year separation period. So no he has to wait.
Customer: replied 1 year ago.
ok what if he is on dating websites and seeing another woman and having another woman around our child?
Customer: replied 1 year ago.
what is irreconcilable differences and uncontested mean?
Expert:  Samuel II replied 1 year ago.
Hello
Thank you
You can prohibit him from taking the child around other woman.
Do you have a custody order from the court at this time?
Do you want the divorce? Or do you want to contest it?
Uncontested means you agree to the divorced based on differences that you cannot agree on and live together. It is a mutual agreement.
Customer: replied 1 year ago.
yes i have a custody order in place. he has told me that my daughter has only been around this woman on three occasions but i drove by his house Wednesday night while he had my daughter over night and that girl was there. I do not want to divorce him because i love him and want my marriage. he says he wants the same but that the divorce will happen which is weird.
Customer: replied 1 year ago.
the only thing the order states now is no over night guest of opposite sex that are not blood related, but this is now the second dating website i have found him on and he is with this woman a lot. finally hearing for custody is not until December. he also continues to cancels on his Wednesday and Thursday visits and only sees her every other weekend. I want to ask that he lose during the week visits. would that hold up in court? can i ask my attorney that we get into court before December?
Expert:  Samuel II replied 1 year ago.
HelloThank you
Expert:  Samuel II replied 1 year ago.
I suggest you can seek a modification of the current order and request your daughter's visits not coincide with his romantic lfie
Customer: replied 1 year ago.
yes i sent two response can u answer them please
Expert:  Samuel II replied 1 year ago.
Yes, I am answering them. Thanks for your patience.
Expert:  Samuel II replied 1 year ago.
And you can get the modification forms from the clerk of the court
Expert:  Samuel II replied 1 year ago.
Yes, I suggest it will hold up in court that you do not want your daughter exposed to a revolving door of potential lovers.
Customer: replied 1 year ago.
ok thank you it says u are offline so didnt know what happened. ok. will i have to show proof for it? i have text messages and also proof of both dating websites. what about his missed visits? is that why you said to get modification form from clerk of court? should i tell my attorney that is something i want to do?
Customer: replied 1 year ago.
this custody order is temp so can i still file for a modification
Expert:  Samuel II replied 1 year ago.
Yes, I suggest you discuss the modification with your attorney and explain that you do not want your daughter involved with his love life in any way, shape or form.
Expert:  Samuel II replied 1 year ago.
When is the hearing on for the permanent custody order to be issued?
Customer: replied 1 year ago.
december to far away
Expert:  Samuel II replied 1 year ago.
Yes. I suggest you file now for the modification to the temporary order.
Expert:  Samuel II replied 1 year ago.
Again, I apologize it showed I was not online. I am here.
Customer: replied 1 year ago.
ok i will see what my attorney says. what would I need as evidence? for both his love life and him losing his visits on wed and thursday
Expert:  Samuel II replied 1 year ago.
HelloYou will need to show that it is not in your child's best interest and that you have seen other women around while she is visiting.
Customer: replied 1 year ago.
I have seen it, but how do i prove its not in my child's best interest? and me driving by inst that stalking?
Expert:  Samuel II replied 1 year ago.
HelloIt's only stalking if you have been told not toI suggest that you will need to only show that he is on the dating site, he is involved with more than one women who are essentially strangers to your daughter and it is not a healthy environment for her. She has X number of hours with her Dad and he should want to give her is undivided attention at those times.
Customer: replied 1 year ago.
he hasnt told me not I dont believe but not sure on that. Could i say someone else drove by? I did have a friend with me.
Customer: replied 1 year ago.
do u think he would lose his visits for wed and Thursday she he always cancels? could i send someone over there to do a home check the last time i went into his house it was nasty. My daughter is hurting when she is with him not to mention she always says no daddy house. since she is 2.
Expert:  Samuel II replied 1 year ago.
HelloYou don't want to lie And you know if he was concerned about you "stalking" him he should seek a restraining order. I suggest you can say you drove by and saw the other woman. And that you know he is on dating sites, take screen shots of that so you have that informationYou can request Child Services go and check on the home to ensure it is safe and suitable for visits yes.
Customer: replied 1 year ago.
what do they look for when they go and how can I do that?
Expert:  Samuel II replied 1 year ago.
HelloYou can contact them and request they evaluate his home for the safety of your daughter. That he has here on those days and you are concerned that it is not a good, safe and healthy environment They don't have to check. But you can make the request.
Customer: replied 1 year ago.
ok do u know what they look for when they go?
Expert:  Samuel II replied 1 year ago.
HelloDrugs, alcohol. Signs of abuse. If there is food in the home.
Expert:  Samuel II replied 1 year ago.
They also can talk to the child to see what she has to say about the environment or has she ever been abused, etc. It can lead to a can of worms getting the CPS involved.
Customer: replied 1 year ago.
ok thank you.
Customer: replied 1 year ago.
how can i get full custody or how can i get him supervised visits how can I get it to where he has no over nights
Expert:  Samuel II replied 1 year ago.
You are welcome. Thanking you in advance for a positive rating and good luck with everything.
Expert:  Samuel II replied 1 year ago.
You are welcome. Thanking you in advance for a positive rating and good luck with everything.
Customer: replied 1 year ago.
what are ways to get full custdoy or having him have supervised visits or have him lose over nights
Expert:  Samuel II replied 1 year ago.
Hello
Thank you for the follow up.
The same way. You need to file for a modification and show that it is not in the best interests of the child for her to be staying overnight because of his desire to continue on these dating sites.

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