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Recent Separate Maintenance questions

My wife and I bought a home four months shy of two years

My wife and I bought a home four months shy of two years ago. We will be filing for divorce and the plan is for me to move out and put the home for sale near our two year mark with closing set after the two year mark to avoid capital gains taxes. Will my moving out for the next four months subject me or us to capital gains? She will still reside in the home and I would continue to be co-owner paying the entire mortgage.

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LegalGems

Juris Doctorate

19,690 satisfied customers
I obtained an order for child support in Arizona and it was

I obtained an order for child support in Arizona and it was only made effective as of February of 2017 but he stopped supporting our kids since December. Can I appeal and request for it to be made as of December?

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DrakeLAW

Juris Doctorate

1,470 satisfied customers
Granddaughters mom has been diagnosed schizophrenia.

Granddaughters mom has been diagnosed schizophrenia. Granddaughter dad has passed away which is my son. I had been able to have my granddaughter 3 to 4 days a month. Now her mom has decided I cant see her anymore because I kniw when she uses meth. I think what can I dp?JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?Customer: OklahomaJA: Anything else you want the lawyer to know before I connect you?Customer: I want temporary custody till she is well enough to care for this 2 years old. I worry about her safety. She continues to take her medicine for 2 weeks then stops she doesn't like how it make her feel. She becomes extremely paranoid. Shes told me she didnt believe my son is dead.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,570 satisfied customers
I am a grandparent who has not seen my grandson in 8mths, do

i am a grandparent who has not seen my grandson in 8mths, do i have any recourse against the custodial mother (not my child) regarding visitation.JA: Family law varies by state. What state are you in?Customer: miJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: my son lost his job and is no longer in the picture, he got behind in support, didnt appear at hearing regarding being behind, lost his license due to this issue so he wasn't able to pick up grandson and his finace at the time worked third shift, they had only one vehicle......we have all tried to see him or talk to him but mother will not allow it...

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Roger

Litigation Attorney

Doctoral Degree

35,168 satisfied customers
My question had evolved a bit, so I'm starting a new one for

My question had evolved a bit, so I'm starting a new one for clarification. The "separation agreement" information you linked to might work for us. Can you clarify please, at the top you said he only needs to be "served" for a divorce and then you included information regarding "separation agreements". So are you saying he does not need to be served if we do a separation agreement, but it is legally binding? Are separation agreements in lieu of divorce or separate maintainence? It was a bit confusing later when you gave instructions for serving for "separate maintenance". So, am I right in concluding that both divorce and separate maintenance require "serving" and a case will be opened up with the courts, but doing a separation agreement by our selves (or through private mediation) does not require "serving" him and does not involve the courts? Thanks for the clarification.

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Attorney2

Doctoral Degree

8,820 satisfied customers
I have separate prop which was gifted to me. Husband signed

I have separate prop which was gifted to me. Husband signed post nup sep prop waiver as to right, title and interest. CA law on support says the court can look at my sep prop income, although passive, he agrees to be bound by waivers. Can court still consider my dividends/income or are waivers accepted on issue of support?JA: Since laws vary from place to place, what state is this in?Customer: CAJA: Have you talked to a lawyer yet?Customer: Yes he's doesn't seem to understand as to support.JA: Anything else you want the lawyer to know before I connect you?Customer: No I know the waivers protect my property but support law says diff from family law. I'm also disabled so any income I receive is not earned income.

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Gerald-Esquire

Juris Doctor

7,596 satisfied customers
I am assisting a friend in a divorce proceeding in the state

I am assisting a friend in a divorce proceeding in the state of New Jersey. We have a final marital settlement agreement, but are questioning the advice on a number of points. I would like to post the agreement and have it reviewed with any concerns itemized. The actual dollar amount for the alimony, child support, and equitable distribution is not under question, nor does this include any review of other information -- purely an analysis of the clauses of the agreement and if any changes should be made in the concepts, or if anything is outright missing.

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RobertJDFL

Attorney

Juris Doctorate

15,286 satisfied customers
I am a 66 year old female with a history of childhood

I am a 66 year old female with a history of childhood trauma. As an adult there are times when I ask a minor question of my husband, then ask it again because I've already forgotten his answer. This gets him extremely angry (I can understand that it being irritating) and belittleing.JA: What state are you in? It matters because laws vary by location.Customer: South CarolinaJA: Has anything been filed or reported?Customer: No, but I am thinking of separationJA: Anything else you want the lawyer to know before I connect you?Customer: Not yet

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LegalGems

Juris Doctorate

19,690 satisfied customers
My wife has had a drug problem for a while. I approached her

my wife has had a drug problem for a while. I approached her parents a while back to try and help her and now she has taken the kids and is staying with them. should I file for divorce outright or a separate maintenance in Georgia.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: geogiaJA: Has anything been filed or reported?Customer: no but I do have all the recordings and evidence to prove my case and Georgia is a one party state when it come to audio recordings.JA: Anything else you want the lawyer to know before I connect you?Customer: no at this moment

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FamilyAnswer

Juris Doctor

37,708 satisfied customers
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