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Recent Marital Settlement questions

Husband just informed me that he wants a divorce and will be

Husband just informed me that he wants a divorce and will be back later with papers on how everything is going to work. We still have a child under 18 who is physically handicap, I have always been a stay at home Mom and just recently got a part time job (8 hrs a week). Need to know what I should do 1st. We live in CA and do not own any property. All accounts are in his name.

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LegalGems

Juris Doctorate

13,542 satisfied customers
Ex husband is primary on car loan, payments are made on time

ex husband is primary on car loan, payments are made on time every month by my daughter, they did a no fault divorce she took the majority of their debt with her, he wants her to refinance and get his name off the loan, because her credit is ruined no one will refinance. He is now threatening to take the car. Does she have any recourse?

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LegalGems

Juris Doctorate

13,542 satisfied customers
My wife and I are divorcing in California. We have no debts,

My wife and I are divorcing in California. We have no debts, no children, and no assets per se. Neither of us is disabled. The only thing that could be contested is the right to remain in the apartment we rent. It is in Los Angeles, subject to the rent control/stabilization laws of the city. Originally a lease, signed by both of us, it converted to month to month a long time ago. It gives both of us the right to live there, as long as we honor its terms. So far, we have honored the terms and we are in good standing. We have had no trouble paying the rent. Our oral agreement is that I pay the rent, and she pays the utilities. It is probably irrelevant, but she has not paid the utilities for many months. I pay them.Orally, we have agreed that I will stay in the apartment and she will find a new place. She has already moved out, is staying with her parents. She has not yet sought a new place of her own. She cannot, because she has no money.I have a steady job and she does not. She typically gets fired from her jobs because she has a drinking problem, but that is neither here nor there. It just means that, with no money and no job, she will have trouble finding a new place, and might try to move back in.I will file for divorce.This is my question: How do we make it a condition of the divorce that I will retain all the rights and responsibilities of the current rental agreement, and she will give up her rights and be relieved of the responsibility she currently has (because we are jointly and severally responsible)?

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LegalGems

Juris Doctorate

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Can you please tell me what is means below: I read it on the

Can you please tell me what is means below: I read it on the docket.--------------------------------------------------------------------------Misc: Affidavit of Consent/Pltf: Misc; waiver of notice6/20 Affidavit of Consent of Plantiff filed. Affidavit of Consent of Defendant filed. Waiver of Notice of Intentions to request entry of divorce decree under S3301(C) of the divorce code of plaintiff filed.6/20 Same thing with the Defendant.6/20 Marital settlement agreement between the parties dated June 12 filed.

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LawTalk

Attorney at Law

Juris Doctor

32,500 satisfied customers
Mr. & Mrs. entered signed a marital settlement agreement

Mr. & Mrs. Jones entered signed a marital settlement agreement earlier in June and you were kind enough to explain it to us. Can you please tell me what this letter means?Dear Sir or Madam,I represent Mrs. Jones in the referenced support matter and Mr. Jones is unrepresented by council.Enclosed please find a copy of the parties' Marital Settlement Agreement that was executed on June 12, 2016. Pursuant to paragraph 4 of the agreement, both parties are withdrawing their respective requests for a De Novo hearing and the cases should be taken off of the courts list.In addition, Wife's support case with Domestic Relations should be closed. Mr. Jones is required to pay any and all arrears up to the date the Agreement was signed by both parties, which was June 12, 2016, but after that date the case should close and no further payments will be required by Mr. Jones.Than you for your assistance with this matter. Please confirm with my office that the De Novo hearing requests have been withdrawn. Should you have any questions, please do not hesitate to call me.Regards,The Lawyer

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Ely

Counselor at Law

Juris Doctor

63,802 satisfied customers
I 't know why my responses are not showing up. I may take

For Doug ***I don't know why my responses are not showing up. I may take you up on the phone call but not this weekend when my husband is home. The biggest issue that my daughter and I are facing is the verbal abuse that we are subjected to on behalf of my husband. On top of that, he refuses to get a job. Just for the record, he has a doctorate in electrical engineering, has founded a start-up company, has a real estate license, has worked in corporate America as a middle-level manager in program management for 20 years and is a graphic designer, commercial photographer and videographer, but he won't get a job because he says that he is 62 years old and shouldn't have to work, so I am basically supporting the family. We are in the middle of a refinance, so I don't want to disrupt anything until that goes through before I file for divorce. Since I am pretty much of the breadwinner around here, I was told that I would have to pay my husband spousal support instead of the other way around and he is not disabled in any way. Is that true? I don't have a problem with child support, since I already pay most of my daughter's bills. The verbal abuse and severe negativity around here really has to stop, so is there any way that we can kick my husband out of the house? Also, if my husband does move out of the house and moves in with his mistress, will I still have to pay him spousal support?

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LawTalk

Attorney at Law

Juris Doctor

32,500 satisfied customers
Continuing with a related question: if we reach a mutually

Continuing with a related question: if we reach a mutually acceptable marital settlement agreement and include it in our divorce petition, are there any statutory requirements for the specific terms of the MSA such as dollar amount or term? Or are we free to agree to any terms and be confident that our petition will be approved as filed?

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LawTalk

Attorney at Law

Juris Doctor

32,500 satisfied customers
PART OF WHAT WE DISCUSSED LAST TIME: 1) When my wife walked

PART OF WHAT WE DISCUSSED LAST TIME:1) When my wife walked out on us 4 months ago, I had to leave my job because we were fixing to move to Ga and I was already working there, moving the family up this summer, with plansDid she request a continuance and if so did the court grant it?1. The letter can be introduced in evidence to help establish that the other party did not want any contact with the children; agreements between the parties are not binding, as the court is the ultimate arbiter as to the "best interests of the child" so even if the parents agree on one arrangement, the court may make different orders if they deem it more appropriate. Only the court has jurisdiction over marital property, so even a letter/contract/marital settlement agreement is not binding if the court deems it is not just (more on this later)3. Florida divides marital property based on "equitable division" - this means what is fair and just, so not necessarily 50/50. They do permit one spouse to buy out the other, particularly if there are minor children involved (so that the stability of residence is maintained during the upheaval caused by the divorce).5. One can file a motion opposing the continuance, citing the need for emergency orders, and simultaneously filing a request for temporary emergency orders re: custody. The court will not typically allow minors to be present if there is a felon around -so they can make an order precluding visitation when a certain individual is present..The court will be concerned when a parent that is to be drug tested fails to get the drug test and requests a continuance (it looks suspect as one can assume the delay is being requested because one is concerned about the drug test results).****courts will generally allow emergency orders whenever there are concerns re: the child's safety- the fact that drug testing is already being ordered indicates there is a concern; throw into the mix a partner with a criminal record, along with erratic behavior - it all goes to show a lack of stability, a disinterest in the children- issues the court is concerned with.NEW QUESTION: My estranged wife has now been gone from the marital home for 5 months and abandoned our kids for the same amount of time. In the entire 5 months she has come to see the kids, ( she is staying in Sanford FL.,) maybe, at the most 10 times. 3 of those times she tried to take the kids away and has no place to stay in Sanford. She has been staying on someones couch or with the man she is now involved with.I had to leave my job in Atlanta,where our entire family was moving too, when she left us and I have had to peace meal the past 5 months since she took all the money we had left in the bank. I have since removed her from all accounts. She racked up 21 credit cards in her name and paid none of them.She now has an attorney and since that time she is now saying that I am emotionally abusive over the 13 years of marriage, that I won't let her see the kids & is constantly calling me. I bought the kids a phone so she can call them once a day but she calls a few times a week, that is it. She did not get the phone, I did, even though SHE left. I invite her to everything the kids do but she fails to show at almost all of them. When she walked out she gave a letter that said she did not want the kids, did not want anything from me, did not want the house or anything. She said she was jealous of me and all that I can do. A very heartfelt letter and she signed it. From what she said in the letter she admitted she does not want the kids. WHY am I having to provide a way for HER to communicate with the kids when it is SHE who left and abandoned them. I understand our divorce is one thing, BUT her abandonment of the children and her letter are something else. WHY do I have to tell her everyplace the kids are, like basketball camp, vacation bible school, grandparents house, etc. If she wanted to know she can come back up to Jacksonville and take part of their lives. This cannot be right. Please help me! What are my options and what will help me in our custody. I am asking for 80/20 and she has to be in Jacksonville for that. Their school, home, family, friends, church is all here but she wants to live in Sanford. *** I have never been emotionally abusive but what she has done to our precious children is inexcusable and will scar them for life. I am the one picking up the pieces of their shattered lives while she is down in Sanford partying with her friends. The man she took up with is a felon and I cannot trust who she will have these kids around, plus she has no place to stay, no money because she will not get another job ( she walked out on hers) and is now whinning that I need to keep HER up to date with the kids. She called today and they are busy so she called her attorney and said I am keeping the kids from here. PLEASE GVE ME ADVICE. My attorney is out of town this week. Please help.

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Ely

Counselor at Law

Juris Doctor

63,802 satisfied customers
Once a Marital Settlement Agreement is signed, how does it

Once a Marital Settlement Agreement is signed, how long does it take before the divorce in final. (In Pennsylvania)

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,548 satisfied customers
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