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My final divorce was granted in March of 2016. My ex started

My final divorce was granted in March of 2016. My ex started the proceedings and since I couldn't afford an attorney, his acted as mediator. In the decree, he stated it was due to irreconcilable differences. Since then I have found out that he has a girlfriend and I suspect he was having an affair prior to the divorce. Five years ago he had his mother's name removed from all of her property so he didn't have to pay for her nursing home fees. That 5 years was almost up when he asked for a divorce. Since then he has sold all the property and supposedly has bought a new farm about an hour from here. My question is, can I take him back to court for the false statement on the reason for the divorce and get more money for his deception?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
My wife and I had our own bank accounts for the most part of

My wife and I had our own bank accounts for the most part of our 27 yr marriage, dividing the household expenses as a percentage of our incomes. We divided the expenses of our 4 kids, where she was responsible for the 2 girls and I was for the two boys. She is a spender and I am a saver. She has worked part time for the most part of our marriage but for the last 7 years she has been working full time. I want a divorce or legal separation in a year or 2 and I do not want to forgo half of my savings upon divorce. My savings are about 200k, including 401k and Roth ira, where as hers is about 20k. Is there a legal way for me to not to forfeit to her half of my money in my accounts, retirement and personal when we divorce?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
My ex husband is the custodial parent, there is no

Hello,My ex husband is the custodial parent, there is no communications clause in our divorce decree defining when I can speak with the children on the phone. He moved 5 hours away from here and therefore it has become much more important to be able to talk to the kids over the phone. He has not one time answered the phone when I call, & it would take 3 or 4 days for the kids to call me back, if they even did (kids are: 14 & 9). To try and help the situation, I requested that we set a time each week for the kids to call, which he agreed upon as Sunday nights. They have called every Sunday as agreed for the last month. The catch is that they make the kids call me while they are in the car, with my ex & his girlfriend every time. Absolutely no privacy. This is the only time I am able to talk to the kids. I have called 4 times in the last few weeks during the week & got no response. I asked to set up a time through the week and his girlfriend messaged me back, telling me the kids are too busy through the week to set up a time- but they could call anytime they had free all they had to do was ask. The one time my son called, we talked for five minutes and then she came and told him she needed her phone. I need some advice. I plan on trying to modify the order once we reach the one year mark in Feb. Until then, what can I do? I understand they are not technically in violation of the order, but this is not right. It is bad for the kids, I think there is definite Parental Alienation going one and I am worried. Any help will be much appreciated. Thank you!

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
Can I get a legal separation and live in the same house if

Can I get a legal separation and live in the same house if my spouse agrees to the separation. Financially, both of us cannot afford to live separately. Also, if we get a divorce, what happens to my retirement funds. Do I have to eliminate everything and give him half?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
My financial planner recently recommended a local attorney

Hello,My financial planner recently recommended a local attorney (Attorney A) to prepare a will/trust/medical directives for my husband and me. Though I'm typically cost-conscious, I failed to research how much this would cost; and I also failed to ask the Attorney A how much he would charge for his services. Three weeks ago, my husband and I met with him for over an hour and thoroughly reviewed the questionnaire for our plan. At the end of the meeting, he advised that he would charge $3,000. A few days later, his assistant emailed the contract agreement to my husband. However, in the meantime, my husband contacted the attorney that had recently prepared his mother's estate plan. This attorney advised that he would charge $900 to prepare the estate plans for both my husband and me. Both attorneys are in the Los Angeles area. In doing cursory internet research, it appears that fees for such services typically range between $1200 and $2500. At this point, I'm reluctant to pay $3000 for services that I could find at a more reasonable cost. However, since Attorney A took his time with us, and sent over his contract, I would like to call him back. At this point, I'm wondering how to handle this situation. Is it acceptable for me to say that I've changed my mind and am going for lower cost services?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
Can I file for monthly Child Support, if we are not legally

Can I file for monthly Child Support, if we are not legally separated or legally divorced? We are in fact, still living together, but the $1,400 is not adequate, for the care that I hope to provide for our two children. Also, we DO have a Custody Order that says, we must Confer and Agree to a marital budget. This budget has not been agreed upon, legally.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Have you talked to a laywer yet?Customer: Yes. I also, reported this issue to the Police. They said that it is legal.JA: Anything else you want the lawyer to know before I connect you?Customer: Nope.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
After getting served a Temporary Restraining Order from

After getting served a Temporary Restraining Order from ex-wife, (who is just retaliating because I told her I would file a motion that she's in contempt of court for ignoring court ordered joint custody) she has lied on the affidavit...there is no validity to her accusations that I've threatened her whatsoever... At the hearing to make this a permanent order, how does the Judge decide when it's just going to be a "he said she said" because she cannot prove any of her claims, there are no witnesses, no police records, nothing...

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
I have a question about "at-fault" divorce and the summed up

I have a question about "at-fault" divorce and the summed up details within WVJA: Because family law varies from place to place, can you tell me what state this is in?Customer: WVJA: Have you talked to a laywer yet?Customer: Nope.JA: Anything else you want the lawyer to know before I connect you?Customer: I am the husband, I am seeking divorce from my wife whom has committed adultery.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
I am 70 years old and retired 1 year ago. I started working

I am 70 years old and retired 1 year ago. I started working part time 10 months ago, because it was obvious that I could not afford to continue to pay $900. a month alimony for the rest of my life. My ex is on disability and receives half of my military retired pay along with the alimony. She hasn't re-married and I have. She hasn't worked since 1972, because I let her get away with not working. We got divorced in 2000. My wife now is retired and has a small pension from her late husband and gets her share of his social security. I average $1000. per month from my part time job and get $2571 from social security along with half of my military retirement. The court (in Arkansas) wants to use my wife's assets as some of my usable income to determine my ability to pay alimony still. My wife came into this marriage with a house which she sold and we used the proceeds of that to help to pay for our house which I have paid off with my income after living here about 3 years (paid off in about 2003). My attorney says that I might lose this court battle and have to pay her court and attorney costs. Also, he and the ex's attorney agree that alimony could be increased if the judge thinks that my wife and I are being evasive about our savings. We took out a substantial amount of money from the bank and deposited it in a safe deposit box AFTER my attorney advised me to do so. Now, with our financial affidavits and bank and credit card statements for the last 5 years in the hands of the ex's attorney, they think we are being evasive and hiding money. But, my wife intends on the money she put in the safe deposit box, should and will all go to her children upon her passing. It's her money and this should not be a factor in the ability to get the alimony dropped. Please help us and advise what you would recommend as our next step. The other attorney thinks she will prevail, especially if the judge thinks we are being evasive and has made an offer to check with her client on whether or not to settle by me dropping the motion and she would pay all of her attorneys fees to this point. My attorney wants to know how to proceed.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

996 satisfied customers
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