Daily Answer Desk

Question of the Day:

I did my petition myself, could not locate ex because he did not provide correct address to serve the papers, had to put public notice (newspaper). He didn't respond, he didn't show for final court date. Decree was very basic except I was able to say that he would be financially responsible for his vehicle and I would be for mine, even though we were both consigners on each of the car loans. I paid my car off, he allowed his to be repoed! Since I was on his loan, it shows on my credit report. Is there a way for me to get this taken off my credit report, since the decree does make him responsible for his vehicle?

Answer:

Tasha: The best you can do is put an explanation on your credit report. Credit is a common problem in a divorce because the court only has jurisdiction over the parties. It’s orders cannot affect the creditors because they are not parties to the divorce.

Question of the Day:

I was told that if a spouse has an affair he/she forfeits their rights in property disputes such as who gets the house and/or kids. How true is this? – Craig

Answer:

Craig: Marital misconduct is only one of several factors the court considers in distributing property and not a factor at all in determining custody.

Question of the Day:

I started and own a small corporation in 2004. I hired my husband in 2007. I fired him on 8/4/09 and we are getting a divorce. I got the paperwork and he thinks that he is co-owner and has a right to 1/2 of the company. Does he? – Kitty

Answer:

Kitty: He is not a co-owner, nor does he have a right to half the company, unless you made him a part owner. However, the court can add up the assets that you own and the assets that he owns and make an equitable adjustment or marital award in a divorce trial. For that reason, business owners sometimes agree to buy the other spouse’s marital interest in a business in settlement agreements.

Question of the Day:

Is it unlawful for a Judge to court order visitation in another state? – Sindy

Answer:

Sindy: As long as the judge has jurisdiction over the person (the parents) and jurisdiction over the subject matter (visitation), then he or she can order that visitation take place in another state.

Question of the Day:  

I live pay check to pay check.  Can I re-open my divorce for alimony so that I can live half the life style I was living? – Debbie  

Answer:  

Debbie: If you don’t ask for alimony at the time of divorce, you cannot get it later. 

Question of the Day:

not divorced yet..but selling the house. The asking price is too high and my husband wont lower the price..can the court force him to lower the price of the house if I start divorce proceedings? – Heather

Answer:

Heather: Where I practice, the court won’t do that.  At the final divorce hearing, the court will usually order the house sold and appoint a trustee to sell it if the parties don’t sell it themselves in thirty days.

Question of the Day:

my husband and I are getting a divorce. do we both have to pay for a attorney or just one of us? – Melissa

Answer:

Melissa: There is no requirement that you each have an attorney and many divorces are conducted with one or even no attorneys. But one attorney cannot represent both of you. So the attorney will be looking out for one party, but not the other. And that could cause problems if there are complex issues like children, alimony, houses, pensions or the like.

Question of the Day:

How do I stop sole custody and child support petitions that I have already filed? – Tasha

Answer:

Tasha: I would file a “Line” in Maryland or a “Praecipe” in DC notifying the clerk of the court that I am withdrawing the petitions. I usually give the court a reason why I am withdrawing. If the other side has answered, I need their consent or I have to ask the judge for permission. If the other side has counterclaimed, be aware that they can go forward on the counterclaim even if I withdraw my petition.

Question of the Day:

My ex husband signed divorce papers with provisions that he would pay 50% of all reasonable college costs for our three children. He is mad at my middle daughter and is saying he isn't going to pay his half of the college costs. He also told me that it is not part of child support and that if I take him to court, I will lose. Are signed divorce papers considered a legally binding contract? If so, what happens if he won't honor the contract?  –  Debbie

Answer:

Debbie: If by “signed divorce papers”, you mean a settlement agreement, then yes it is a binding contract.  The court can enforce an agreement to pay college costs even if the court could not order it as child support in the first place.  The way to force a person to honor a contract is to sue them for breach or for contempt of court if the contract is part of a court order.

Question of the Day:

Is it true that if you have joint custody no child support is necessary for the parent who has the children the majority of the time? – Pam

Answer:

Pam: Sort of. In states that used a shared income model for child support, the formula provides that each parent contributes a portion of the cost of raising a child based on their income and time the child spends with them. However, the parent with primary physical custody of the child is considered to pay their share directly to providers of shelter, food, clothing and so forth for the child. The other parent pays their share of the costs to the custodial parent as child support.

Question of the Day:

I've read that hiding assets is typically a bad idea during divorce. If I hide assets before that point in order to save enough to move out and establish a separate residence, but then freely disclose any remaining amounts, is that likely to be a serious problem when legal proceedings begin? – Matt

Answer:

Matt: You’re not hiding assets. You are using assets for living expenses. That’s allowed. But the devil is in the details. If you are buying a separate residence, the equity or downpayment may be marital property. If you are renting, your deposit might be marital property along with any furniture you buy. And then there’s the question of desertion.

Question of the Day:

My wife has gotten a lawyer to get support taken out of my check and we have not gone thru our divorce as of yet. My problem is this, she refuses to let me see my boys since there has not been a court order for visitation, how do I go about getting visitation to see my boys before the divorce is final? George

Answer:

George: You have to ask the court for a temporary access schedule. In my jurisdiction this is called a Request for Pendente Lite Relief.

Question of the Day:

I am married to man against whom I obtained a 2yr protective order. After/during this 2yr period - do I need to file a divorce or will the marriage "dissolve"? - Bonita

Answer:

Bonita: You need to file for divorce. The marriage will not dissolve automatically.

Question of the Day:

My Husband and I filed for legal separation but it was never finalized/no final judgment. My question is, can we amend it to divorce without having to start over? We agree on everything and have submitted all nec. forms, paperwork/fillings already 2 yrs ago under legal separation. We just hope we don't have to start all over again. -- D

Answer:

D: You should be able to file an Amended Complaint for Final Divorce without any problem.

Question of the Day:

I have complied with the judge's order to pay my ex. according to the Equitable Distribution judgment, but he refuses to sign the title giving sole ownership of the marital home to me as ordered.  What are my options?  Can he take out a loan against this property, or if a judgment was filed against him, would the property still be considered his? – Barbara

Answer:

Barbara: Yes, I think the property can be encumbered by a loan or a judgment.  You need to go back to court and ask the judge to hold him in contempt for not complying with the court’s order.

Question of the Day:

My wife left me 3 months ago because she is no longer in love with me.  She wants a divorce and I agree with this. We are on good terms.  She will receive 1/2 of the house equidy, 1/2 my retirement, 1/2 401k and $1,300.00 per. month spousal support.  She manages a health club. My question is how long will I have to pay her spousal support ? ( she has many skills and can get a better job if she wants )we have been married 25yrs. – Roy

Answer:

Roy: That’s a question for negotiation between you and her.  If you go to court, the court may order alimony for a fixed period or alimony for an indefinite period.  Indefinite means until you die, she dies or she remarries.

Question of the Day:

I understand husband has hidden a lot of money in a bank account in girlfriends name. How can this be found? I know bank and her name but attorney isn't even looking for hidden assets, even though I have found $40,000 plus the account I think exists. – Jayne

Answer:

Jayne: There is usually a money trail that you can follow. For example, if he has large cash withdrawals from his accounts, they will show up on his bank statements, which your attorney can subpoena directly from the bank.

Question of the Day:

Before my husband and I got married, I asked him would he be able to take care of me? Of course, he said yes. In the midst of it all, he did a lot for me. When we got married, it was a totally different story. Now, I have to beg and cry for a dollar. That was not the deal. Believe me when I say this, "if I knew then what I know now, I would not have married him." In addition, just this past Friday he told me that he could not trust me with money. Since there is no trust then there should be no love. Do you think I should ask him for a divorce? – Janelle

Answer:

Janelle: You two are having problems communicating and resolving money issues. That doesn’t necessarily translate into trust and love problems. I think you should try some marital counseling first before you ask for divorce.

Question of the Day:

If you got married outside of the U.S., and both partners are U.S. citizens, is the marriage considered legal in the U.S.? If so, can you get a divorce in the U.S. or do you need to obtain a divorce in the country where you were married? – Vanessa

Answer:

Vanessa: U.S. States recognize marriages performed in other countries. You get a divorce in the place you reside at the time of divorce.

Question of the Day:

My sister has decided to leave her marriage and there is another man involved in her decision. She has left the home because she feels its the right thing to do and not hurt her family more then she has. Children are above 18 years of age. By leaving this way is she putting herself in a position of losing any of her rights to the home and other property left there? – Kim

Answer:

Kim: Circumstances surrounding the end of the marital relationship are something the court can consider in dividing property in a divorce. For that reason, we lawyers like to have a Separation Agreement or at least a Move Out Agreement. Of course the lawyers world is not necessarily the same as the real world, and so people don’t always have an agreement before they leave. And there are several other factors the court considers besides fault.