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Recent family law questions

I am currently "separated" from my husband of 10 yrs. and by

Hello. I am currently "separated" from my husband of 10 yrs. and by "separated" meaning we still live in the same apartment but in separate rooms. He originally wanted a divorce and announced it on Nov 2015. It's been 7 months and nobody has filed and his main reason for it is because he cannot afford it. He makes $50k a year and we have two children together both under 18. I am currently on disability due to an illness that requires me to be on dialysis 3x a week. I also recently acquired a weekend part time job (2x a week). He has consulted with a lawyer back in November and was told for both our incomes, I only get $500 for child support for both kids and alimony. I want to now file for the divorce because my situation at home is not the best for me and my children emotionally. My husband has now spent at least $10k on himself (since the separation) and his parents are helping pay for the apartment. So basically, most his paycheck goes to himself and whatever purchases he makes for himself. I wanted to get advice on what steps I should do to move forward with the divorce. I am unable to work full time due to my illness and he wants me to work full time to support myself. I just want to know if alimony and child support for me and my children is in fact $500. Thank you and any info would be greatly appreciated!

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
I am in a dilemma. My daughter and I both know that my

I am in a dilemma. My daughter and I both know that my husband is having an affair with a fiend of ours. He refuses to work, so I am making most of the income around here. Even when he says that he is going out to meet with clients, we know that he is with his mistress. However, the problem has gotten worse in that he has become verbally abusive to both of us and he finds fault with just about everything that we do or say. Mind you that I pay most of the bills around here, including the mortgage. We would like to kick him out of the house but don't know how. Any advice?

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
My friend is getting a divorce but is concern s wife may

my friend is getting a divorce but is concern his wife may have ta***** *****fe insurance policies out on him, how can he nullify any life insurance policies that was taken out on him during their brief marriage in his divorce filing.

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RayAnswers

Lawyer

Doctoral Degree

 
33,942 satisfied customers
I have been married years now but the last ten have been

I have been married for 25 years now but the last ten have been awful. He lies, cheats, is addicted to pornography and is emotionally and verbally abusive. I cannot prove the adultery but I know what my eyes have seen. I will have to use a different ground to sue for divorce. Here is my issue. We have owned and operated our own small business for 10 years now. It is the only income I receive. He tells me I get nothing if I leave so how do I protect myself financially so I can leave him and get away from him? Surely I feel entitled to my rights and to what is rightfully mine. By the way, I live in Mississippi.

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
I live in Utah and was divorced 2.5 years ago. Last August

I live in Utah and was divorced 2.5 years ago. Last August we remarried so she could have health insurance. We kept separate households and I continued the alimony and child support per our previous agreement. I now want a divorce again. Does the remarriage "restart" the alimony clock?

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LegalGems

Juris Doctorate

 
12,238 satisfied customers
How can I fight the motion to vacate the default judgement

How can I fight the motion to vacate the default judgement by defendant in the below circumstances?Grounds: Irreconcilable differences i.e. no-faultKids: No kids in marriageLength of marriage: 2 years until date of filing divorce complaintProperty: No house or car or joint bank/investment/IRAaccountsPlaintiff: Lives in NJ since 5 yearsDefendant: Now lives outside USA and served summons outside USAcourt: one of county superior court in NJDefault judgement of divorce passed as defendant didn't respond in 35 days.The defendant is trying to file motion to vacate the default judgement.The following facts are true:1. I am bonafide resident of NJ for more than one year from filing divorce complaint2. Defendant is served by the personal process server outside USA and his affidavit is submitted to court on time3. Defendant has not responded in 35 days from serving4. No grounds trial as it is irreconcilable differences...also I didn't communicate with her in any form since more than one year of filing divorceCould I contest her motion to vacate the divorce by pleading the judge to -1) Keep the dissolution of marriage intact as there is no grounds trial and I submit proof of residency in NJ.2) the trial be only for property distribution if any and for any alimony ?what are chances that judge will grant 1 and 2 when I submit necessary proof with pleading?also want to make sure if judge vacates the default judgement, do I need to server her complaint again or the case goes into case management system for trial?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,268 satisfied customers
How can I fight the motion to vacate the default judgement

How can I fight the motion to vacate the default judgement by defendant in the below circumstances?Grounds: Irreconcilable differences i.e. no-faultKids: No kids in marriageLength of marriage: 2 years until date of filing divorce complaintProperty: No house or car or joint bank/investment/IRA accountsPlaintiff: Lives in NJ since 5 yearsDefendant: Now lives outside USA and served summons outside USAcourt: one of county superior court in NJDefault judgement of divorce passed as defendant didn't respond in 35 days.The defendant is trying to file motion to vacate the default judgement.The following facts are true:1. I am bonafide resident of NJ for more than one year from filing divorce complaint2. Defendant is served by the personal process server outside USA and his affidavit is submitted to court on time3. Defendant has not responded in 35 days from serving4. No grounds trial as it is irreconcilable differences...also I didn't communicate with her in any form since more than one year of filing divorceCould I contest her motion to vacate the divorce by pleading the judge to -1) Keep the dissolution of marriage intact as there is no grounds trial and I submit proof of residency in NJ.2) the trial be only for property distribution if any and for any alimony ?what are chances that judge will grant 1 and 2 when I submit necessary proof with pleading?also want to make sure if judge vacates the default judgement, do I need to server her complaint again or the case goes into case management system for trial?

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Olivia Kent

Managing Partner

Law

 
1,544 satisfied customers
Me my boyfriend and his dad all have shared joint custody of

Me my boyfriend and his dad all have shared joint custody of my two children. Only diffrence is the grandfather chooses where the kids live. A court did not decide this we came to an agreement because we were trying to get on our feet. I have done everything they have told me I needed to do. I got a full time job, I have a 3 bedroom house. I have transportation. A set up room for the kids..etc...I want my boyfriend and I to get full custody back and I'm trying to figure what to do next and what my chances of getting full custody back.JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: Not after singing the papers. I didn't want to go to court and we agreed on paperwork. I think they will give them back but I don't really know if I can trust what they say. I am just trying to figure out what my chances are if I did have to fight it in court.JA: Is there anything else the Family Lawyer should be aware of?Customer: Originally he sued me for full custody and supervised visits because before I had kids I did have some emotional issues and cut myself. I have changed since becoming a parent but they are trying to use anything to win. Also it wasn't addressed in the paperwork, but me and a friend who had a beer before driving. I thought 1 beer was safe but he got pulled over and they cited him with a dwi. The grandpa freaked out and sent the first set of custody orders of basically me with only having supervised visits. After lots of talking and trying to come to terms so we didn't have to go to court for the kids sake they agreed to change the paperwork to temporary shared custody between me, my kids dad, and his dad. The only stipulation was his residence is where they would reside at. We get them on weekends now and have done everything right to get full custody back but it just seems like it's still not good enough for him and he seems hestitant to return the children. Also my older son is from a previous relationship and is not related to them but my boyfriend has been there since day one. He is not on the birth certificate or had any legal rights over that child but I I didn't fight it because I did need to get on my feet and it was best at the time but now I'm stable and would like custody back.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

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Christopher B, Esq.

Attorney

Juris Doctor

 
4,782 satisfied customers
Annulment after 20 yrs of marriage and 32 yrs divorce and

? Annulment after 20 yrs of marriage and 32 yrs divorce and remarriage of 30 yrs. what is the purpose? Why does spouse want this...just for agitation...what is gained by this? Does Church give more benefits etc. if annulment, the marriage dissolved due to emotional and mental abuse and narcissistic behavior. This seems more of same, if wanted annulment and reasons where what Spouse States...should have done so then! Now at age 72 I must go to tribunal, to contest his accusations. I have lupus and stress aggravates my condition..don't have the strength...that is why I left him! A big big bully. R there reasons to benefit the petitioner by the new Pope? I don't understand this...4 children and 10 grandchildren ...?

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Steven K.

Doctoral Degree

 
3,022 satisfied customers
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