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Recent family law questions
I've signed a Consent Order stating I would pay a credit
I've signed a Consent Order stating I would pay a credit card bill in Plaintiffs name. I greed only because we were attempting to settle the equitable distribution case. Well the ED was dismissed. Am I still held to the agreement to pay the bill?
I received a "Motion to dismiss Defendant's Divorce
I received a "Motion to dismiss Defendant's Divorce from bed and board" from Opposing Client. The trial date is set for July 18th and the Opposing Counsel has filed to dismiss.The Opposing Counsel states verbatim ".......through his pursuant to Rule 12(b) of the NC Rules of Civil Procedure who moves the Court to dismiss the Defendant's claim for DBB pursuant to NC General Statute 50 and in support thereof alleges and says......My question: Am I mistaken in that the motion is flawed because she has not alleged as to the exact reason that the motion for DBB should be dismissed?At the last hearing she stated that she thought the case was moot because we were living separate and apart; i voiced my opinion and the Judge agreed with me and said it was a valid claim and gave us a Trial Date.Can she now file a motion basically saying the same thing without specific reasons? The Plaintiff filed the claim and i counter-claimed, neither claim has been withdrawn.I will be filing an Opposition to the Motion but i need to be able to properly state that her Motion to Dismiss is lacking proper procedure for lack of better verbiage as she is not asserting any of the following reasons for her request:(1) lack of subject-matter jurisdiction;(2) lack of personal jurisdiction;(3) improper venue;(4) insufficient process;(5) insufficient service of process;(6) failure to state a claim upon which relief can be granted; and(7) failure to join a party under Rule 19.In my opinion i should definitely include the following reason as to why her claim should be dismissed:(6) failure to state a claim upon which relief can be granted;
I live in PA, i'm married, i have son 5 years old and
I live in PA, i'm married , i have son 5 years old and step son 24 years living with us.My wife gets 50K per year, i get 150K per year.we used her money and my money to cover all expenses.I used to cover more because her income is less.Last 4 months we had "cold war" because in Feb 2016 i said that she spends sometimes more than needed and I declined to pay her credit cards only.I never declined to pay any required family expenses but i said that i will not cover her credit cards.This week my wife sent email saying she will file divorce.I did not receive divorce complaint letter yet.I have divorce attorney but I did not sign contract yet, because didn't see divorce complaint.Week before her divorce letter, she sent me balances of her credit cards. saying that i have to cover them.Due dates mid July 2016.Some of that expenses is for family, but i never saw any statement from her, so i do not know what she paid for.If i deposit check to family account, how can protect myself and show it's not gift money anymore?if i send email to her warning that it's not joined money anymore, but subject of future divorce settlement agreement will it sufficient in court?If i write on check "NON GIFT DEPOSIT" - can i use this during divorce to protect my assets?Or the only way to request my attorney to work with her attorney?
If you get married in Vegas, but reside in Michigan and then
If you get married in Vegas, but reside in Michigan and then buy a house in Michigan in one spouse name only, is it community property because Nevada is a community property state? What would be the impact if we get a divorce? House, bank accts, assets, etc.
Considering divorce. I'm a 60 yr old woman, breadwinner in
Hi, considering divorce. I'm a 60 yr old woman, breadwinner in family.. I have a large retirement amount.. Am I OBLIGATED to give him 50% of marital earnings? If he doesn't ask for it do I have to give it to him? My husband is 36, (25 yrs younger than I). He's never had more than minimum wage jobs
We are trying to have a civil uncontested out of court
We are trying to have a civil uncontested out of court divorce. No minor children, just assets. We have a Handy Man business of which we are both owners. I house that we still owe $110,000 on and a lot that is paid off. My husband got up one day and left me. He was losing money on most of the jobs he did and decided to get a line of credit for $5000 and used it up. He decided, without talking to me, that he gets all the business assets, the business, and his truck. I get my beat up car, the lot, and everything in the house, and I get any money we get out of the sale of the lot and the house. The house is worth approximately $165K. I'm not sure what we can get for it or the lot. The fair market value on the lot is $20K but I don't think we can get that. We paid $7,500 for it. My husband said he will pay all the bills so I can spend my time selling everything and getting the house ready for the market. He has never paid all the bills. I've been married for 11 years and have not worked out of the home for 8 or 9 years. I'm living off having garage sales and selling items on-line. I battled cancer 2014 - 2015 and I believe that's the real reason he left. It was hell. Now I need to get the surgeries I've been neglected while married. He sold our zero turn mower so I can afford a cheap mower and still pay the co-pays and deductibles to get my surgeries, all of which have to be done this year. He continues to say he will pay the bills but does as little as he possibly can. He makes sure I'm broke before he pays anything. He wants to save his credit. It was my understanding that I was going to sell everything and keep the money to get me cheap place, but it's turned out I'm selling to have money to live on. He works under-the-table with most customers and employees so there's almost nothing in income to verify. I can't afford the mortgage even if I get a job. What are my options? Is what we are doing the best I course?
I recently separated with my wife and she red a lawyer toView more family law questions
I recently separated with my wife and she hired a lawyer to initiate divorce procedure. Her lawyer contacted me asking me to provide detailed bank statements from my personal account. I don't mind providing total assets report, but I don't like the idea of them diging through indvidual transactions. I feel it violates my privacy. Do I have to do it? Under which conditions can they obtain these records?