Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My soon-to-be-ex husband decided to call into the court during

Customer Question
my Default Divorce hearing to...
My soon-to-be-ex husband decided to call into the court during my Default Divorce hearing to participate after not hearing a word from him for three months. He abandoned a Spousal Support claim that he'd filed against me, he abandoned his child for the last three months, moved out of state, made no contact with us and filed no legal documents with the court. Yet the judge has granted him until August 6th to file a motion to set aside the default and dispute the contents of the divorce papers.. How difficult will it be for him to file this motion from out of state (he is in Arizona, the papers must be filed in NJ), with no legal help? Also, if he does manage to file the papers on time, what are his chances of being granted alimony or with challanging custody (he does not work).
Submitted: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 16 minutes by:
8/2/2009
Family Lawyer: Lisa M., Lawyer replied 8 years ago
Lisa M.
Lisa M., Lawyer
Category: Family Law
Satisfied Customers: 111
Experience: I have been a family, real estate and income tax attorney for over 2 years.
Verified
DearCustomer

I am sorry to hear about your ordeal. Divorces are difficult situations, even in the best case scenarios.

The answer to your question is simple. Your soon to be ex husband can file the papers by mail. Therefore, that part will be fairly easy for him. However, he still will have to make a good argument for 1)why he did not file his motions in the first place and 2) that he has good grounds to overturn the default. This is going to be tricky for him. Not impossible, but difficult.

Your second question concerns alimony and custody. He will also have a fight on his hands. If he has not seen his child for three months and has made no attempts to remain in contact, it will be difficult for him to argue that he deserves custody of his child. However, if there are extenuating circumstances that you are not discussing, that could change things. Your child's best interests are at stake. The court is going to see that he abandoned his child for three months. Statutorily that's an insufficient basis to deny custody, but it's going to help you regardless.

Additionally, the need for alimony will need to be proved.If he was a stay at home dad, his chances will be better. If he quit his job, his chances will be poor. Since the court is allowing him to dispute the divorce papers, he may have a chance. Again, he will need to prove that his disregard of the original papers was forgiveable, so to speak.

Hopefully, my answer has helped you out. Your soon to be ex has an uphill battle. However, his ability to overcome these things are based on your particular circumstances. If you don't have a local attorney, you should hire one.

Good luck.
Lisa M.
Thank you for your JustAnswer request. Please be advised that since each State has different laws, I am not able to give you a complete answer that a local attorney may provide. Additionally, this answer does not constitute legal advice and there no attorney-client relationship between us. You understand that Lisa M. is providing this information for the sole purpose of helping you to seek and find legal counsel in your particular state.
Ask Your Own Family Law Question
Ask Lisa M. Your Own Question
Lisa M.
Lisa M.
Lisa M., Lawyer
Category: Family Law
Satisfied Customers: 111
111 Satisfied Customers
Experience: I have been a family, real estate and income tax attorney for over 2 years.

Lisa M. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I just spoke to you regarding spousal support in Ohio. It's
I just spoke to you regarding spousal support in Ohio. It's asking for more money and I have a Me membership.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
My spousal support was lowered due ex husband couldn't
My spousal support was lowered due ex husband couldn't afford to pay. But now I found out he was married at the time and he didn't disclose it. Can I do something about it … read more
Sue
Sue
Juris Doctorate
250 satisfied customers
Getting a divorce in PA wife is asking for alimony we were
Getting a divorce in PA wife is asking for alimony we were married 7 years how much and how long is she entitled to alimony … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
How is one expected to pay spousal support when the family
How is one expected to pay spousal support when the family budget runs a deficit every month and the total income of the family is from SSDI and Veteran's Disability Compensation? Does the court expec… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I was denied spousal support because I was convicted of
I was denied spousal support because I was convicted of domestic violence. I broke the telephone so she couldn't call the police during an argument we were having. The courts left it open to be determ… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I need help with the enforcement of a spousal support
I need help with the enforcement of a spousal support agreement from Virginia. I live in tn the respondent lives in va...what court or state do I use to get this heard? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
This is a CA divorce alimony question. In our court order I
Good afternoon,This is a CA divorce alimony question. In our court order I was to pay my Ex $1800 month for the rest of her life or until she got married. She go married June 10th of this year. So my … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Are husbands able to get spousal support? California
Are husbands able to get spousal support? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: California JA: Have you talked to a lawyer yet? Customer: … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question concerning spousal support in Oklahoma...
I have a question concerning spousal support in Oklahoma... … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I received spousal support after my divorce in 2005. I
I received spousal support after my divorce in 2005. I cohabited with a boyfriend for 3 years and my ex sued for termination of support, which was, in fact, terminated. The cohabitation lasted from 20… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x