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Answered 2005-04-06 19:44:38

Get an attorney. Sounds like you need legal assistance.

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In joint custody when an exspouse remarries a wealthy person and freely elects to work less is the exspouse entitled to higher levels of child support in New York?

no


Can you sell a mortgage if your exspouse is still on note?

All parties named on the mortgage note must be in agreement to sell it in order to claim the proceeds from the sale. This should be done with the advice and council of an attorney.


Can an exspouse be an executor?

Any competent adult may serve as executor.


An ex wife is dying should her exhusband that is married to another woman for over 22 years be mentioned in the survivors?

Usually an exspouse of the deceased is mentioned if they had been married longer than 8 years, or have children by the exspouse.


What can you do if divorce judgment indemnifies you from mortgage and credit card debt but companies refuse to recognize Superior court order?

A shaky issue. Likely as not, you are on the contract for these debts with your exspouse. The court that granted your divorce separated you from the debt, and only the courts can legally break a contract when both parties do not agree to it. You have the recourse to appear in court if the creditors attempt to sue you and produce the order from the divorce court indemnifying you. Likely as not the presiding judge will honor the order from the divorce judge, and the creditors will have no option at that point but to pursue your exspouse. Be prepared to cooperate with the court if the judge requests any location or asset information on your exspouse from you. This can only help your case.


Does a divorced spouse with a valid will that never changed have recourse against the exspouse estate after death?

Answer: A will made during marriage would become void after a judgment of divorce as to any provisions made for the ex-spouse unless it specifically states otherwise. Divorce decrees generally refer to a Separation Agreement made by the parties. Those agreements usually include a statement that the property has been divided and each party is surrendering any claim they may ever have to the other's estate forever. I think you may however have standing to make a claim for child support arrears.


how long does ur exspouse have to get ther stuff out of the house when they left and ther the one that wants a divorse?

The judge in your divorce case would make the determination on when you spouse needs to remove their things from the home.


What legal action can you take if your exspouse lies to get you thrown in jail?

Prove that they were lying. This will result in them being prosecuted for perjury and possibly defamation (if the accusation was made public). You should also be fully expunged, and may be compensated by either the court or the person in question.


How can you get child support from an exspouse who has been ordered to and is on unemployment in Texas?

I suggest that you contact your State's child support agency. When you get an interview with them, bring all the papers relating to your child support: birth certificates, acknowledgments of paternity, court orders, payment records, etc. Be polite but persistent. Good luck! If the order was based on his earned income, prior to the layoff, you should work with him to get a modification filed with the AG.


Can the step parent take custody a step child in a divorce?

While rare it has happened. Typically, the noncustodial parent must have a criminal or abusive history and have had parental rights severely limited or terminated. The custodial parent (soon to be exspouse) must demonstrate a potentially dangerous environment for the child. And, the stepparent must have a parental relationship with the child. In short, the court must be convinced that such an arrangement is in the best interest of the child.


Can you file for bankruptcy after divorce and include the joing mortgage?

Filing for bankruptcy after a divorce when there are a lot of joint obligations can complicate things but it is not uncommon. When a person files for bankruptcy they can only file for their debt obligations and so the court may not allow you to do it for a joint mortgage if that would be unfair to your exspouse or they cannot separate the debts. This is something to think about and I would recommend you contact an attorney to determine what debts can be discharged and what debts cannot.


Can a 13 year old have have the right to leave a parents home if a parent chooses to be in a lesbian type situation and the EXspouse lives with ex her lover in fact bought a house with them?

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Could a divorce decree prevent exspouse from dating others and commit to another relationship and how old should the child be to start dating?

dear person that is alot to awnser but like many of us are curious and its my job to awnser this so well first a divorce decree could do that but if i was a divorce decree i would get divorced move on and stay single.but im going to say it is possible for them to do it.And a child should be 17 and over two start internet dating or normal dating so if u are 17 and over im gonna say if ure single and want somebody to try dating internet or normall so year that was preety easy


You want a divorce from your husband however you want to move to North Carolina Can you file for divorce in Maryland while living in North Carolina?

Where you can and cannot file for divorce can certainly be confusing! You can file for divorce in the state you got married in and any state that you or your exspouse is a resident of. If you are not yet a resident of a state then you have to file in a state in which you are. Generally, states require spouses to be residents for either 6 months or a year before filing for divorce. For example, Vermont, Texas and Pennsylvania require 6 months or 180 days of residency. New York, Iowa and Connecticut require 1 year. A few states have shorter required periods - only 60 days of residency are required to file a divorce in Arkansas, Kansas and Wyoming.


Can an exspouse sue for malpractice in the death of the exspouseif they continued to live together and never separated for 42yrs?

No. They would have no legal standing.Why wouldn't a person who has been with someone for 42 yrs,married 26,lived together 42 yrs.!They never separated,never parted ways,and they never lived at different addresses.She shared 2 children with him,she was never married to anyone else,neither was he! they only had each other for 42 yrs,also after he had a heart attack on Aug 16,2008 they had planned to be remarried on the anniversary of their first marriage in'09!They were married the first time on Dec.19,1967 and were saving to have a church wedding on Dec 19,2009,instead of by the Justice of the Peace like the first time in 1967, but before they could he had a second heart attack but never lived long enough to leave that hospital.Also please consider if he had lived, but had to be cared for because he would have had to have 24 hr care, she would have been the one that would have taken care of him,because she loved him and would have never forsaken him,she would have been there by his side for ever and a day!