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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37665
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello again Dimitry, So, I can send copies of the Motion

Customer Question

Hello again Dimitry,

So, I can send copies of the Motion and Affidavits to attorney myself by the regular mail?

Best regards,

Emilian
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up and thank you again for requesting me.

That is correct, although I would still suggest certified mail to prove delivery.

Good luck.

Customer: replied 1 year ago.

Thank you Dimitry,


 


I just looked at all previous motions and was a little confused. What I have is not Motions and Notices of Motion with annexed Affidavits that in actuality are motions. Sworn, notarized and as I could recall I had to ask someone to fill Affidavit of Service and mail it. Does every court have its own rules? In any case I think it will not harm to ask someone to fill Affidavit of Service and to mail it along with the motion to avoid surprises I had. The question:


 


Notice of Motion addressed to the other party. Annexed Affidavit seems to be addressed to the court since it ended with "Wherefore, Petitioner hereby request that the court..." Should I keep the same format to avoid denial because of yet another technicality; will it be sufficient or I'll have to add the motion saying exactly the same but titled not Notice of Motion and not Affidavit and exactly Motion?


 


Best regards,


 


Customer


 


P. S. How simpler life was in ex Soviet Union: no technicalities, no motions, no endless papers - srazu sazhali.

Expert:  Dimitry K., Esq. replied 1 year ago.
Emilian,

Good question on court rules. Every state, county, branch, and in some instances even townships have their won rules. In "commonwealths" rather than states such as Massachusetts and Pennsylvania, each county has their own unique forms and rules of the court--and if you are looking to PA where I practice that has 57 counties, you can at times get quite overwhelmed. Motions generally do not need to be notarized but you can contact the clerk to double-check.

As for the other question:

Notice of Motion addressed to the other party. Annexed Affidavit seems to be addressed to the court since it ended with "Wherefore, Petitioner hereby request that the court..." Should I keep the same format to avoid denial because of yet another technicality; will it be sufficient or I'll have to add the motion saying exactly the same but titled not Notice of Motion and not Affidavit and exactly Motion?

-----

Yes, keep the same language. Judges get concerned and confused if they see something different even if not against court rules or against court regulations.

 

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37665
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

Hello Dimitry,


 


I'll post some short question separately to be able to rate your answer but it will not give me enough space for the real question so it is here.


 


Finally I constructed all Affidavits and the Motion. In a past you gave me the valuable advice about arguments for a relocation (living in a villa with the father that is in a better financial position). After 34 years in US I still could not get rid of Soviet mentality - it is bad to be rich (well, I am not really rich, rather doing well but still. Besides, artist/actor "must" be poor).



Please take a look at my relocation' arguments - can anything be added or maybe I made it too rude and something should be changed/removed.


 


Thank you.


 


Best regards


 


Customer


 


1. Incomparable to present conditions living improvements (living in 2-story villa with penthouse and jacuzzi on the 3rd floor, pool a few steps away from the front door in the elite international community (versus living in the typical project apartment in the typical project neighborhood).


 


2. Incomparable level of education (internationally acclaimed private school with 3 languages - English, French and Spanish - classes (versus the typical NYC public school in typical project neighborhood).


3. Living in international upscale community (versus living in the project NYC neighborhood).


 


4. Favorable financial position of the father.


 


5. Intensive social life of the child (versus virtually total isolation in New York City).


 


6. Healthy lifestyle and happy childhood with extensive outdoor activities (swimming, snorkeling, bicycling, tennis, horse riding, outdoor games, etc.) in a year round perfect weather (versus factual imprisonment in the project apartment in New York City).


 


7. Absolute safety in the gated community located in the part of Quintana Roo state that has near zero crime rate versus dangerous living in the NYC project neighborhood.


 


8. Abundance of entertainment (amusement parks, water parks, thematic parks, national park, zoo, swimming with dolphins, etc) minutes away on top of all regular Western entertainment and activities (contemporary cinema complex, bowling, carting, "play-hall" the size of football field with all possible games imaginable, etc) versus once or twice in a month going to a movie theater and occasional (weather/availability of the mother's time permits) attending small concrete square called playground in NYC.


 


9. Incomparable intellectual development. Mother of the child has only a basic level of education, no knowledge in literature, art, music, science or/and virtually any discipline. She has no profession and/or skills and cannot support intellectual development of the child. Father of the child is internationally acclaimed classical composer and concert pianist that was chosen among the best musicians in the world to perform at 100-years Carnegie Hall anniversary in 1991. He has the equivalent of PhD in music, degree in music synthesis, degree in music recording and extensive knowledge in literature, art, music, history, philosophy, geography as well as in many other disciplines. He also has extensive knowledge in medicine/natural medicine, released a book dedicated to the treatments of degenerative diseases and a member of the American Herbal Academy. Living with the father that can support intellectual development is in the best interest of the child.


 


10. Living school year in Mexico and school holidays in United States will provide extensive knowledge of two cultures, multilingual abilities and will support the development of the child.

Expert:  Dimitry K., Esq. replied 12 months ago.

Customer,

It would be my pleasure. And I likewise understand your mentality concerns, then again lately it's no longer quite as chic as being wealthy even in the US. But I digress. To ensure I do not miss anything, I will go line by line here as well.

You posted:

1. Incomparable to present conditions living improvements (living in 2-story villa with penthouse and jacuzzi on the 3rd floor, pool a few steps away from the front door in the elite international community (versus living in the typical project apartment in the typical project neighborhood).

Excellent point. You may want to modify the language to state that the units are 'akin to tenements' and that the child would have his own independent and safe space at the new location.

 

 

2. Incomparable level of education (internationally acclaimed private school with 3 languages - English, French and Spanish - classes (versus the typical NYC public school in typical project neighborhood).

Extremely valuable point. Soften the very legitimate dig at public schools and point out that the child will be exposed to additional private intensive educational means at the new location.

 

3. Living in international upscale community (versus living in the project NYC neighborhood).

Utilize the word 'diversity' along with upscale.

 

 

 

4. Favorable financial position of the father.

Good, your position is valuable as the more you can do, the more the child receives.

 

 

5. Intensive social life of the child (versus virtually total isolation in New York City).

Use examples here if you can.

 

 

6. Healthy lifestyle and happy childhood with extensive outdoor activities (swimming, snorkeling, bicycling, tennis, horse riding, outdoor games, etc.) in a year round perfect weather (versus factual imprisonment in the project apartment in New York City).

This and the previous point are somewhat similar...point to 'greater opportunity'.

 

 

7. Absolute safety in the gated community located in the part of Quintana Roo state that has near zero crime rate versus dangerous living in the NYC project neighborhood.

bring statistics with you if you can.

 

 

8. Abundance of entertainment (amusement parks, water parks, thematic parks, national park, zoo, swimming with dolphins, etc) minutes away on top of all regular Western entertainment and activities (contemporary cinema complex, bowling, carting, "play-hall" the size of football field with all possible games imaginable, etc) versus once or twice in a month going to a movie theater and occasional (weather/availability of the mother's time permits) attending small concrete square called playground in NYC.

Likewise opportunity, and an excellent point.

 

 

9. Incomparable intellectual development. Mother of the child has only a basic level of education, no knowledge in literature, art, music, science or/and virtually any discipline. She has no profession and/or skills and cannot support intellectual development of the child. Father of the child is internationally acclaimed classical composer and concert pianist that was chosen among the best musicians in the world to perform at 100-years Carnegie Hall anniversary in 1991. He has the equivalent of PhD in music, degree in music synthesis, degree in music recording and extensive knowledge in literature, art, music, history, philosophy, geography as well as in many other disciplines. He also has extensive knowledge in medicine/natural medicine, released a book dedicated to the treatments of degenerative diseases and a member of the American Herbal Academy. Living with the father that can support intellectual development is in the best interest of the child.

Don't bash the mom directly, but focus on the intellectual growth that will assist the child in the future and will be in the best interest going forward.

 


10. Living school year in Mexico and school holidays in United States will provide extensive knowledge of two cultures, multilingual abilities and will support the development of the child.
Good point. This one may or may not be helpful but it does not harm your points. You may also state that you are not considering becoming a full ex-pat and giving up citizenship, it is simply the best atmosphere for development for the child.

Good luck.

Customer: replied 12 months ago.

Thank you Dimitry and thank you for the Child Support answer I just rated. I just didn't understand what "additional assessments" are. What are they or can be?


 


As for the arguments for relocation. Your corrections as always are extremely valuable and they gave a lot of strain for my poor mind.


 


1. Probably can be something like "versus living in the typical project apartment in one of akin to tenements in project neighborhood" only in 34 years I never heard anyone said "akin to tenements" (and most likely my sentence sounds clumsy and even illiterate - very artificial for me). Even though English is the judge's native language, do you think he will understand what is "akin to tenements?"


 


2. "Soften the very legitimate dig at public schools..." How is it possible to soften? I really cannot think about anything without totally omitting the comparison. Other than that - "Even outstanding - God forbid - level of education in NYC public schools cannot be compared to...?" "With all my respect to the nightmare called NYC public schools and pitiful absence of metal detectors in Puerto Aventura private school I dare to say...?"


 


3. Simpler. "Living in the international diverse upscale community (versus living in the project NYC neighborhood).


 


I assume 5 and 6 can be combined:


 


5. Intensive social life, healthy lifestyle and happy childhood of the child. In NYC my son is virtually imprisoned in the apartment with nowhere to go, nobody to play with and (with exception of rare visits of the only other boy he knows that lives fairly far from him) he has not a single friend or a child to socialize with. Children in Puerto Aventura spend all their days outdoors playing together, they live happy healthy life and have a happy childhood with extensive outdoor activities (swimming, snorkeling, bicycling, tennis, horse riding, outdoor games, etc.) in a year round perfect weather.


 


7. Safety statistics. Unless it is some Mexican government official paper (that I cannot get) everything will be a hearsay...


 


9. Most difficult. "Don't bash the mom directly" (and don't brag so rudely). I don't like to be impolite and don't like to be immodest (if I had an attorney all would be appropriate if it came from him I assume) but... How is it possible to point on very basic education and lack of even elementary knowledge in everything indirectly? "At his very young age my son's intellectual level, education and erudition when greatly exceed these of his mother since he is not an embryo any longer, still leave a great room for farther development?" And how to say I am not a clinical idiot (I hope) without bragging?


 


10. Pointing on no intention to become an ex-pat is very important - thank you. It is definitely one of my wife's objections utilizing patriotism (she doesn't have a trace of it but she still was born in Soviet Union and grew up there so all false things come naturally with clear innocent "komsomol's" eyes). Maybe simply add in the beginning:


 


10. When I came to the country 34 years ago, became an American citizen in 1985, my son is American by birth and the idea of expatriation was never even considered, living school year in Mexico and and school holidays in US..."


 


I hope with your great experience how to smooth all these discrepancies and put everything appropriately "the court's way" you'll be able to suggest how to lay these arguments more... e... elegant.


 


One more point I didn't mention but probably I should.


 


Whatever number. As a person that has been studying medicine including all kinds of natural medicine for over 30 years, a member of American Herbal Society that released a book dedicated to treatments of degenerative diseases, I am greatly concerned about my son health, which is already deteriorated and he became chronically ill at the age of 5. He is fed in school by peanut butter sandwiches (peanuts are not actually nuts, they are highly carcinogenic and when heated/processed add a generous amount of trans-fatty acids that have a devastating effect on cardiovascular system) and his mother (by my son's own words) gives him nothing but sweets. His mother never cooks and his diet at home consists only chips, sweets and occasional hot dogs. Children in Puerto Aventura are fed by organic food in school. Their parents buy organic produce at local market every Wednesday and Saturday, certified organic meat and groceries in the health store nearby, freshly caught fish and seafood (10 A.M. every morning) and a typical diet consists of locally grown organic produce and abundance of seafood with addition of organic meat and poultry. This is called "Mediterranean diet" that is considered by most doctors as the healthiest one and that doctors link to outstanding health and longevity of those who utilize it.


 


Long and boring for non-professionals though...


 



Best regards,


 


Customer

Expert:  Dimitry K., Esq. replied 12 months ago.

Customer,

To respond directly.



 

 

1. Probably can be something like "versus living in the typical project apartment in one of akin to tenements in project neighborhood" only in 34 years I never heard anyone said "akin to tenements" (and most likely my sentence sounds clumsy and even illiterate - very artificial for me). Even though English is the judge's native language, do you think he will understand what is "akin to tenements?"

"Akin to tenements" does sound a bit awkward. You can change it to 'lower income housing" instead.

 

 

2. "Soften the very legitimate dig at public schools..." How is it possible to soften? I really cannot think about anything without totally omitting the comparison. Other than that - "Even outstanding - God forbid - level of education in NYC public schools cannot be compared to...?" "With all my respect to the nightmare called NYC public schools and pitiful absence of metal detectors in Puerto Aventura private school I dare to say...?"

That is likely how to do it. You may want to focus on higher resources and more, better trained teachers and a higher student/teacher ratio.

 

 

3. Simpler. "Living in the international diverse upscale community (versus living in the project NYC neighborhood).

 

 

 

I assume 5 and 6 can be combined:

Correct

 

 

5. Intensive social life, healthy lifestyle and happy childhood of the child. In NYC my son is virtually imprisoned in the apartment with nowhere to go, nobody to play with and (with exception of rare visits of the only other boy he knows that lives fairly far from him) he has not a single friend or a child to socialize with. Children in Puerto Aventura spend all their days outdoors playing together, they live happy healthy life and have a happy childhood with extensive outdoor activities (swimming, snorkeling, bicycling, tennis, horse riding, outdoor games, etc.) in a year round perfect weather.

 

 

 

7. Safety statistics. Unless it is some Mexican government official paper (that I cannot get) everything will be a hearsay...

Just a thought, but if you can find out such information, it would potentially help your position.

 

 

9. Most difficult. "Don't bash the mom directly" (and don't brag so rudely). I don't like to be impolite and don't like to be immodest (if I had an attorney all would be appropriate if it came from him I assume) but... How is it possible to point on very basic education and lack of even elementary knowledge in everything indirectly? "At his very young age my son's intellectual level, education and erudition when greatly exceed these of his mother since he is not an embryo any longer, still leave a great room for farther development?" And how to say I am not a clinical idiot (I hope) without bragging?

Consider not focusing on the mom at all. Point out your own strong educational ethic that you can foster in your child if you are able to have him with you, point out that the resources do not exist in the current location, and that you would be able to provide your own personal educational background to him personally as you have done in the past. This does not attack the mom but shows the difference. While most things can be used to show unfitness, someone who is less educated and potentially less smart is not deemed to be unfit because of it.

 

 

10. Pointing on no intention to become an ex-pat is very important - thank you. It is definitely one of my wife's objections utilizing patriotism (she doesn't have a trace of it but she still was born in Soviet Union and grew up there so all false things come naturally with clear innocent "komsomol's" eyes). Maybe simply add in the beginning:

 

 

 

10. When I came to the country 34 years ago, became an American citizen in 1985, my son is American by birth and the idea of expatriation was never even considered, living school year in Mexico and school holidays in US..."

That is a good idea.

 

 

 

I hope with your great experience how to smooth all these discrepancies and put everything appropriately "the court's way" you'll be able to suggest how to lay these arguments more... e... elegant.

 

 

 

One more point I didn't mention but probably I should.

 

 

 

Whatever number. As a person that has been studying medicine including all kinds of natural medicine for over 30 years, a member of American Herbal Society that released a book dedicated to treatments of degenerative diseases, I am greatly concerned about my son health, which is already deteriorated and he became chronically ill at the age of 5. He is fed in school by peanut butter sandwiches (peanuts are not actually nuts, they are highly carcinogenic and when heated/processed add a generous amount of trans-fatty acids that have a devastating effect on cardiovascular system) and his mother (by my son's own words) gives him nothing but sweets. His mother never cooks and his diet at home consists only chips, sweets and occasional hot dogs. Children in Puerto Aventura are fed by organic food in school. Their parents buy organic produce at local market every Wednesday and Saturday, certified organic meat and groceries in the health store nearby, freshly caught fish and seafood (10 A.M. every morning) and a typical diet consists of locally grown organic produce and abundance of seafood with addition of organic meat and poultry. This is called "Mediterranean diet" that is considered by most doctors as the healthiest one and that doctors link to outstanding health and longevity of those who utilize it.

This is not an aside at all--on purely personal level I have begun paying attention to this myself, that is, the genetically modified trend that is highly speculative and potentially dangerous. Organic food is better, and it is a good point to bring up since a healthy diet is very much important to proper development. As you likely know some doctors are even speculating that this 'food' that is created, by being filled with foreign toxins and substances, is potentially the cause or an exacerbation for autism and other deleterious conditions. In any case I do understand your point and share your concerns.

Good luck.

 

 

Long and boring for non-professionals though...

Customer: replied 12 months ago.

Thank you Dimitry,


 


As always with your suggestions and corrections everything is getting better and better. Actually there are only two "attacking" point left: the public school and the mother.


 


As for the public school I have no doubts I'll hear in my wife's testimony (especially after this Affidavit of Record) that the school where my son now is not really a public and the best of the best charter school with remarkable level of education (so far in 2 years my son learned how to count to 10 - with mistakes - and how to write his first name. With this pace I have no doubts that to the age of 10 he will be able to write his last name too) and teachers that didn't receive a few Noble Prizes each only because they are very modest, have no vanity and dedicated their lives to teaching kids. When everybody knows the truth, it seems to me I still have to point somehow on average to poor level of education in public schools. But how? (I understand the slippery ground and a thin line dividing criticizing so-so school education and the system in general. No system likes to be criticized and courts even subconsciously try to protect the system). So, what if I'll say exactly the same what I just said without direct words regarding public schools:


 


2. Incomparable level of education. In NYC my son attends regular public school located in "lower income" neighborhood. Counting pre-school education in 2 years he learn how to count to 10 - with mistakes - and how to write his first name. Puerto Aventura has the internationally acclaimed private school with 3 languages - English, French and Spanish - classes. Number of students in each class is strictly limited to ensure the maximum sufficiency and maximum - close to private tutoring - attention to each student. To the age 6 every child can read and write in both English and Spanish, most children can speak French fluently and their knowledge in math is equal to at least 3rd grade in a regular public school.


 


 


 


And as for the mother. Even more difficult. Yes, attacking directly is no good. After all it even doesn't look nice. But saying nothing is not too good either. One parent can be good, he can be extremely good but there is a possibility that another parent is as good or better. If both parents are capable (or may be capable) to support intellectual development of the child, what's the difference? One parent has certain achievements, degree, etc.? The other may have even more impressive. So it will be not this parent and the other that will discuss Homer's "Iliada" with a child. For me it looks tough and unlike public school I cannot think about anything "the same but indirect." So, how would you underline the difference but without rude on the verge of abusive direct language? (My wife's attorney doesn't hesitate to use exactly this without "on the verge" though).


 


Best regards,


 


Customer

Expert:  Dimitry K., Esq. replied 12 months ago.

Customer,

Good points al around. I do like the changes to the first paragraph. It is still an attach but not against the school exactly but against the difference overall. If the judge wants you to ever get into deeper specifics, you would then be able to do so.

As for the second point, focusing on personal achievements, education, and history of scholarship is the way to pursue the measure. It is hard to discredit someone if they earned degrees and have a basis to pass on that knowledge to someone else. That is likely the better way to consider pursuing this option in this instance, and it still avoids a direct assault against the other parent.

Good luck.

Customer: replied 12 months ago.

Thank you Dimitry,


 


I still afraid a little that the court may think my wife is Maria Kyuri (well, in actuality she did not discover anything and simply was reckless in the lab - hence the accident and the discovery of radioactivity - but not too many people know it). I thought about the different angle: not to attack education/erudition/etc. and to attack the lack of communication between the mother and the child. This way I attack her fitness as a parent and it is very difficult to refute. There is no question attorney can ask that can be answered any differently than "Well, I read the "Three piglets and the wolf" to him before a bed and we look at pictures." Maybe something like this:


 


9. Incomparable intellectual development. With the exception of reading "Three piglets and the wolf" before a bed to the child and routine every day's "Let's get dressed, we are late," the mother doesn't communicate with the child, doesn't tell him anything, doesn't teach him anything and virtually doesn't speak to him. She is present most of the times sitting in front of computer in the same room where the child plays (alone - unless the father plays with him) but they don't even talk. (It is tempting to add: "The reason is simple: the mother cannot teach or tell the child anything and the child knows that the mother cannot answer any his question" - but it will be "intellectual attack"). The father of the child is internationally acclaimed classical composer and concert pianist that was chosen among the best musicians in the world to perform at 100-years Carnegie Hall anniversary in 1991. He has the equivalent of PhD in music, degree in music synthesis, degree in music recording and extensive knowledge in literature, art, music, history, philosophy, geography as well as in many other disciplines. He also has extensive knowledge in medicine/natural medicine, released a book dedicated to the treatments of degenerative diseases and a member of the American Herbal Academy. He not only reads bedtimes stories to the child and watch educational TV programs (like National Geographic); he explains those pictures ("Wolves live in packs. There is an Alpha wolf..."), provides additional information ("Unlike other members of the family like an octopus, a giant squid has claws), he fosters and teaches the child. Living with the father that can support intellectual development is in the best interest of the child.


 


I am not sure about this concrete paragraph though. First, it is very close to kitchen talk and not to the "court's way." And second is "father of the child" thing. "Father of the child" smooths arrogant: "I! Look who I am!!!" but at the same time sounds artificial since it is I and not my attorney writing this. The next step would be to address to myself by royal "We..."


 


Any suggestions?


 


Best regards,


 


Customer


 


 

Expert:  Dimitry K., Esq. replied 12 months ago.

Customer,

MUCH better. "Kitchen" talk is fine, there is no requirement to speak formally or legally, and if the information provided is factual and can be backed up, it will provide a very strong argument for childhood development. And you can simply state "I", as you are representing yourself. It may not sound as forma but it is no less effective.

Good luck.

Customer: replied 12 months ago.

Thank you Dimitry,


 


I cannot rate the reply but I already rated the other question. Until October then. I'll be saving money for Margaritas as my debt to you is frightening.


 


Best regards,


 


Customer

Expert:  Dimitry K., Esq. replied 12 months ago.
Emilian,

No problem, and hope it all goes well. And if you practice, Shana Tovah to you and yours!

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