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My husband and i have been separated months. can he

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my husband and i have...
my husband and i have been separated for 11 months. can he serve me at anytime during that 12 month process with divorce papers or does he have to wait one year and one day
Submitted: 3 years ago.Category: Family Law
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6/7/2015
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
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HelloThis is SamuelIf the divorce is going to be based on a one year separation and irreconcilable differences, uncontested then the full year must come and go. The divorce cannot be filed until after the 1 year separation period. So no he has to wait.
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Customer reply replied 3 years ago
ok what if he is on dating websites and seeing another woman and having another woman around our child?
Customer reply replied 3 years ago
what is irreconcilable differences and uncontested mean?
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Hello
Thank you
You can prohibit him from taking the child around other woman.
Do you have a custody order from the court at this time?
Do you want the divorce? Or do you want to contest it?
Uncontested means you agree to the divorced based on differences that you cannot agree on and live together. It is a mutual agreement.
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Customer reply replied 3 years ago
yes i have a custody order in place. he has told me that my daughter has only been around this woman on three occasions but i drove by his house Wednesday night while he had my daughter over night and that girl was there. I do not want to divorce him because i love him and want my marriage. he says he wants the same but that the divorce will happen which is weird.
Customer reply replied 3 years ago
the only thing the order states now is no over night guest of opposite sex that are not blood related, but this is now the second dating website i have found him on and he is with this woman a lot. finally hearing for custody is not until December. he also continues to cancels on his Wednesday and Thursday visits and only sees her every other weekend. I want to ask that he lose during the week visits. would that hold up in court? can i ask my attorney that we get into court before December?
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
HelloThank you
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
I suggest you can seek a modification of the current order and request your daughter's visits not coincide with his romantic lfie
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Customer reply replied 3 years ago
yes i sent two response can u answer them please
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Yes, I am answering them. Thanks for your patience.
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
And you can get the modification forms from the clerk of the court
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Yes, I suggest it will hold up in court that you do not want your daughter exposed to a revolving door of potential lovers.
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Customer reply replied 3 years ago
ok thank you it says u are offline so didnt know what happened. ok. will i have to show proof for it? i have text messages and also proof of both dating websites. what about his missed visits? is that why you said to get modification form from clerk of court? should i tell my attorney that is something i want to do?
Customer reply replied 3 years ago
this custody order is temp so can i still file for a modification
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Yes, I suggest you discuss the modification with your attorney and explain that you do not want your daughter involved with his love life in any way, shape or form.
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
When is the hearing on for the permanent custody order to be issued?
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Customer reply replied 3 years ago
december to far away
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Yes. I suggest you file now for the modification to the temporary order.
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Again, I apologize it showed I was not online. I am here.
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Customer reply replied 3 years ago
ok i will see what my attorney says. what would I need as evidence? for both his love life and him losing his visits on wed and thursday
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
HelloYou will need to show that it is not in your child's best interest and that you have seen other women around while she is visiting.
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Customer reply replied 3 years ago
I have seen it, but how do i prove its not in my child's best interest? and me driving by inst that stalking?
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
HelloIt's only stalking if you have been told not toI suggest that you will need to only show that he is on the dating site, he is involved with more than one women who are essentially strangers to your daughter and it is not a healthy environment for her. She has X number of hours with her Dad and he should want to give her is undivided attention at those times.
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Customer reply replied 3 years ago
he hasnt told me not I dont believe but not sure on that. Could i say someone else drove by? I did have a friend with me.
Customer reply replied 3 years ago
do u think he would lose his visits for wed and Thursday she he always cancels? could i send someone over there to do a home check the last time i went into his house it was nasty. My daughter is hurting when she is with him not to mention she always says no daddy house. since she is 2.
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
HelloYou don't want to lie And you know if he was concerned about you "stalking" him he should seek a restraining order. I suggest you can say you drove by and saw the other woman. And that you know he is on dating sites, take screen shots of that so you have that informationYou can request Child Services go and check on the home to ensure it is safe and suitable for visits yes.
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Customer reply replied 3 years ago
what do they look for when they go and how can I do that?
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
HelloYou can contact them and request they evaluate his home for the safety of your daughter. That he has here on those days and you are concerned that it is not a good, safe and healthy environment They don't have to check. But you can make the request.
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Customer reply replied 3 years ago
ok do u know what they look for when they go?
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
HelloDrugs, alcohol. Signs of abuse. If there is food in the home.
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
They also can talk to the child to see what she has to say about the environment or has she ever been abused, etc. It can lead to a can of worms getting the CPS involved.
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Customer reply replied 3 years ago
ok thank you.
Customer reply replied 3 years ago
how can i get full custody or how can i get him supervised visits how can I get it to where he has no over nights
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
You are welcome. Thanking you in advance for a positive rating and good luck with everything.
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Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
You are welcome. Thanking you in advance for a positive rating and good luck with everything.
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Customer reply replied 3 years ago
what are ways to get full custdoy or having him have supervised visits or have him lose over nights
Family Lawyer: Samuel II, Attorney at Law replied 3 years ago
Hello
Thank you for the follow up.
The same way. You need to file for a modification and show that it is not in the best interests of the child for her to be staying overnight because of his desire to continue on these dating sites.
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