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What happens in a PENDENTE LITE CUSTODY HEARING? aRE YOU

What happens in a PENDENTE LITE CUSTODY HEARING? aRE YOU ALLOWED TO PRESENT EVIDENCE? Are you allowed to question the other party? Are you allowed to present evidence?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,784 satisfied customers
I was married on Feb 15, 2013 in NJ. In 2013 we gave birth

I was married on Feb 15, 2013 in NJ. In 2013 we gave birth to a son (Andrew, 4-18-13) who is now 3 1/2. We moved to Hilton Head Island, SC in July of 2013 and have lived here since. I am looking to file for divorce for irreconcilliable differences. I am curious about what the divorce laws are in South Carolina for a marriage of this length with a child.

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FamilyAnswer

Juris Doctor

32,132 satisfied customers
Is partial summary judgment for declaratory relief available

Is partial summary judgment for declaratory relief available in Connecticut Family Law cases ?This is for a divorce lawsuit in the Superior CourtCT Gen Stat § 52-29 (2012)(a) The Superior Court in any action or proceeding may declare rights and other legal relations on request for such a declaration, whether or not further relief is or could be claimed. The declaration shall have the force of a final judgment.

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Lucy, Esq.

Juris Doctor

31,282 satisfied customers
QUESTION FOR ELY ONLY with bonus: Community and separate

QUESTION FOR ELY ONLY with bonus:Community and separate property. This is really bothering me a lot, because I am retired and my home is also my income as I am renting rooms to tourists.My prenuptial reads:"Prospective Husband and Prospective Wife waive the following rights:To the division of the separate property of the parties, whether currently heldor hereafter acquired."And then it says:" Any property acquired together by the Prospective Husband and Prospective Wifeduring the marriage shall be considered marital property and shall be divided equallyupon the possible dissolution of the marriage."I bought my home in 2011 with my own moneys from my salary and with a loan, and my wife has never participated to anything while she has her own home in CT.Question 1: Does my prenuptial not imply that my home is separate property not dividable (my wife waived her rights to division) ?Question 2 : typically what could be the reasons why the judge would see it differently (community property) ?

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Ely

Counselor at Law

Juris Doctor

66,136 satisfied customers
Connecticut Family Law question (I would prefer a CT Family

Connecticut Family Law question (I would prefer a CT Family Lawyer to respond, if possible):In a divorce case with my wife in CT, we have agreed to try to settle without trial but I have a disagreement with her about the implications of our pre-nuptial in terms of division of the properties we acquired separaely during the marriage. Therefore, after having consulted and done some research, I would like to file a request for Declaratory Judgment with my answers and move for Summary Judgment thereafter to find an agreement while we are in conciliation. I would like confirmation that this scenario is technically possible, in order to avoid to wait for the Trial Hearing to figure out how to split our properties amicably ?

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Ely

Counselor at Law

Juris Doctor

66,136 satisfied customers
If I have already filed a motion for pendente lite relief

Hello,JA: Hello. What do you want help with?Customer: If I have already filed a motion for pendente lite relief and I need to add some things to, can I just file an Amended Pendente Lite? No court date has been set yet, it was just filed 1 week ago.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: AlabamaJA: Have you talked to a laywer yet?Customer: Yes, however I am unemployed and therefore unable to get an attorney. I did however receive assistance/guidance from local attorney who volunteer to provide guidance. The sad part is thats how some of the details got messed up, they werent really listeningto the things I was requesting and was more so focused on how they do things.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, I also need to complete an amended counterclaim. The same attorney help me w/my counterclaim that same day & when I look back at the papers they did not include important details such as requesting rehabilitating alimony in the counterclaim.

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Asad Rahman

Attorney

J.D.

3,872 satisfied customers
I have a divorce decree in Pennsylvania. I recently

I have a divorce decree in Pennsylvania. I recently attempted to register to get remarried in Ireland. The civil servant reviewing the case indicated I could not get remarried till I had a final divorce decree. The divorce decree I have, issued in the court of common pleas of Allegheny county is, I believe, final in that it my ex wife and I are divorced it reads:Decree in divorce, the date, the court having received this case, Agreement incorporated but not merged in this decree.Any existing spousal support order shall hereafter be deemed an order for alimony Pendente Lite if any economic claims remain pending and it si decreed that the Plaintiff Robert McDunn (me) is divorced and separated from the bonds of matrimony between himself and the defendant. The court hereby retains jurisdiction of any claims raised by this action for which a final order has not been entered.I need to understand if first, the decree is final and allows me to get remarried in Pennsylvania, and second, how to document this fact for the Irish civil service to provide proof of my ability to marry.

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ScottyMacEsq

Doctoral Degree

23,404 satisfied customers
My wife and I live in Atlanta. We are looking a divorce

My wife and I live in Atlanta. We are looking for get a divorce "irreconcilable differences". I am the bread provider and we have been married for approx 4 years.Below is a quick summary of my current situation:• Got divorced in 2009 (after 22 years) – paying “permanent alimony” of a significant amount• Got remarried in 2012 to my current wife that came to the US under a fiancée visa. Getting married was the only way for her to stay in the country but nevertheless we had intentions of staying together if things worked out• No kids together• Although I have a really good salary and job, current financial situation is not great from the point of view of savings, etc. Just got out of the hole from the 1st marriage this year• Just relocated from Jacksonville in January (already has been 6 months)• No prenup, etc. in placeThe main reason that we want to get a divorce is because we lost all trust in each other and the situation is a bit stressful. I guess irreconcilable differences fits here. At this point, I am not sure what she is entitled to given that we have been married for approx. 4 years. I would like to be fair and make sure she gets some $$ to allow her to land on her two feet since I do care for her.I am not sure if she is going to try to get a lot of $$ from me or not and what should is entitled to since there is not much $$ in the bank and we have not purchase a lot of things (other than approx. $15k in furniture) during our time together. She does say that she does not want a single penny from me but at the same time she has indicated that she would want to get an attorney to represent her.At this point I am trying to understand the following:• What is she entitled to by law (by the book)• Does my income plays a role in determining what she is entitled to or is it just a split of the assets we obtain together regardless of my income• What is the most economical way to get this going. Just go to the court house like when we did when we got married or should I get an attorney to drive the process.I look forward to your answer.

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Gerald-Esquire

Juris Doctor

5,650 satisfied customers
My divorce going in New Jersey. I am the plaintiff, pro se.

My divorce going in New Jersey. I am the plaintiff, pro se. I have a job. Defendant spouse used to work before marriage but stopped working after marriage.length of marriage: 2years / Irreconcilable differences ground / No kids / No joint real estate-car-bank-investment accounts.I got divorce by default as she didn't respond after 35 days.Defendant is planning to vacate the divorce.Defendant is planning to contest for marital property(although she has no proof of my income or my bank account savings) and support. She is planning to get an order for plaintiff to pay her legal counsel fees. Probably may also ask pendente lite support. I am afraid she will make the trial long to get longer pendente lite support and ruin me with burden of legal counsel fees.What are some strategies I can use to reduce or eliminate the burden of her counsel fees and pendente lite support?

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JD 1992

Juris Doctor

36,480 satisfied customers
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