The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions.
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Aug 04, 2016 · Specifically, you can deny your spouse’s request to cancel a deposition for the third time and file a formal motion, asking a judge to issue sanctions (fines or other punishments) against your spouse. You may also be able to recoup …
Court intervention. The parent being denied visits can file a contempt request (sometimes called an "Order to Show Cause") or a request to modify custody with the court. If the judge finds the parent who is withholding visitation in contempt of court, the judge can fine the parent or even impose jail time. The judge can also modify the custody ...
Dec 21, 2015 · The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a …
Nov 19, 2015 · "A husband might have purchased stock for $50 during the marriage," said Denmon. "The stock has gone up in value so that at the time of the divorce, the husband ends up transferring $75 to the wife. If not otherwise addressed in the divorce settlement, the husband will be on the hook to pay taxes on the $25 gain on the stock."
Just as important as a legal divorce, and in some divorces of overriding importance, is the psychological divorce. The psychological divorce is the...
The more toxic an ex-spouse is, the more problems there will be moving forward, especially if there are minor children.
The poorer the communication there is, the more important it is to spell out every aspect of parenting time/visitation with the children.
In some cases, pick-ups and drop-offs should be specified to the minute. There should be a 15- or 30-minute grace period if someone is running late...
There must be language in the judgment spelling out that neither parent shall denigrate the other in front of the children and that neither parent...
If you cannot pick up the phone and deal with issues civilly, then it is critical to put everything in writing. This can be done through e-mails, t...
In some cases, parents will record every exchange regarding the children for visitation. This can result in dueling cell phones, and frankly the co...
In some cases, parents pick up and drop off the children at the foot of the driveway. In others, there will be pick-ups and drop-offs in a public p...
Dealing with extracurricular activities and school events can be tricky with a toxic ex-spouse. Some suggestions include making sure that everyone...
If there are issues over expenses regarding extracurricular activities such as baseball, hockey, dance, or other events, these should be negotiated...
Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.
However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.
For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...
For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.
If you stop paying child support, you are violating a court order and may be held in contempt of court by a judge who can impose serious penalties on you, such as monetary fines and jail time. Whatever you do, do not stop making your court-ordered child support payments on time.
Some states take failure to comply with a visitation order so seriously that there could be a change of custody, meaning that if the custodial parent consistently refuses to allow the other parent any time with the children, a court may decide to transfer custody of the kids to the non-custodial parent.
If the custodial parent will not schedule make-up dates, the non-custodial parent can take other measures. Other measures, however, should never include withholding child support or resorting to self-help. Child support and visitation are not related.
Self-help is kidnapping; a non-custodial parent cannot simply "take" the children whenever they want, or for a period of time beyond the visitation schedule because the custodial parent will probably call the police and have the non-custodial parent arrested for kidnapping.
Additionally, trying to enforce visitation by the police will create more hostility between the parents, and it doesn't make for happy memories for the child. The non-custodial parent's next step is to file a petition (legal paperwork) in court to enforce visitation rights.
Unfortunately, some divorced parents just can't seem to co-parent successfully. Often, custodial parents will (without any cause) prevent non-custodial parents from seeing their children for months and sometimes, years. Many non-custodial parents accept this behavior, but what they don't realize is that they do have options to remedy these types ...
Arkansas takes the longest amount of time at 540 days. If you live in one of these states, you and your spouse might want to consider relocating to expedite the divorce process.
It's no secret that divorce can be expensive. In fact, according to Narris, the average cost of legal fees in a divorce is an astounding $15,000! One way to cut down on these expenses is to use a mediator.
Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets. Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights.
According to the government research site InsideGov, the five states with the easiest and most lenient divorce laws are Alaska, South Dakota, Wyoming, Iowa and Washington. The ease of filing, fees and processing times are all considered as part of the rankings.
Todd Huettner, president of the residential and commercial real estate mortgage bank Huettner Capital and a financial analyst who has helped many individuals dealing with divorce, advises clients to seek professional help at all costs.
On the contrary, if the transfer of money in a divorce is not considered alimony, the receiving spouse is in luck: these funds aren't regarded as taxable income, according to Christian Denmon, founding partner of Denmon & Denmon, a personal injury, divorce and criminal defense law firm in Tampa.
While most assets are divisible in divorce, there are some exceptions to the rule. Documents can help preserve what you believe to be separate property when it comes to divorce proceedings and should be collected beforehand.
Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...
If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.
1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2.
1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side.
Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”
There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.
One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.
Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.
Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.
An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.
In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.
Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.
An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court.
If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. Make copies of all your financial documents and legal records before your divorce proceedings begin.
This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.
Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.
If you depend on your ex-wife to refinance your marital home after a divorce and she does not, she faces more than just your contempt. She faces a contempt of court charge from a Virginia Circuit Court judge.
Sure, you are upset, but move forward to reach your goal, not hers. Focus on getting your name off the mortgage; recriminations and tough talk can wait. Calmly inform her of three issues: 1 She is in contempt of court if refinancing was stipulated in the divorce decree; and 2 She is harming her own credit worthiness as well as yours 3 She is delaying her financial independence