Friday, April 30, 2010

Legal advice about divorce..

this is a little confusing so i will give as much detail as possible i am in the middle of getting a divorce i have one child with my ex husband and one that i had while we were separated.. the other child is not his no chance at all and her real father isn't either worth speaking about. so when she was born she took my last name which of course is my ex husband last name and the fathers name on her birth certificate is left blank. well my lawyer is saying that he (my ex husband) will have to pay child support on both of them even though she isn't his. he isn't happy about this i dont want to go after her real father because he is worthless and a huge mistake my question is this can i just legally change her name to my maiden name to bypass everything or put the man i am with nows name in the fathers spot (we have been together since she was five months old) and he is the only father she knows and he wants that job....any legal advice would be great helpful!Legal advice about divorce..
I'm not sure what you want here. Do you want child support on the first child, or not? Changing your name doesn't negate the man's obligation to pay child support.


There's a law called ';doctrine of equitable estoppel'; which means the man who acted as the father of the child is considered the responsible father. This is why your lawyer said your ex/husband will have to pay child support. Changing your name doesn't change the law.


What's your question, anyway?


Legal advice about divorce..
I get it your lawyer is saying your husband is responsible because you were married at the time the child was conceived....Well, I would change the babies last name to your maiden name and change your last name back as well that would be a simple fix. I commend you for trying to correct the problem instead of making your husband pay for a child he didn't father.
Just tell the courts or any attorney that youre not seeking any child support whatsoever on your one child as your soon to be ex is not the father and leave it at that. Your soon to be ex can petition for a paternity suit but ther really no reason since youre not going for support on the other child. Make sureyou tell the Judge this when child support issue comes up
The advice from your lawyer does not make sense. Your ex husband is not in any way responsible to pay child support for a child that isn't his just because of the info on the birth certificate.
Here's my advice to you.





Unless your soon to be ex husband is going to be her father, as in going to have visitation with her, and going to call him ';daddy'; and COMPLETELY take on the roll as her father, please tell the judge to only consider child support for the older child.





It would not be fair of your ex to have to pay for your youngest daughter when it's not even his child and he is not going to be granted visitation or paternal rights to her. I feel very strongly about that - why should he have to pay for a child that's not his?





You shouldn't have to change your daughter's last name for that to be the case. Leave her last name as what it is, and just explain to your lawyer and the Judge that you only want to hold him responsible for support of the oldest child, because that is the only child that's his.





However, if he assumes full legal responsibility of her and is going to be granted visitation by the court, then sure he should be paying child support. If the court does not grant him visitation though, please don't make him pay child support on the younger child. It wouldn't be fair.





Good luck.

What advice could I give to a woman going through the devastation of divorce?

speaking from personal experience i dont think there is anything that anyone can do or say to make this tragic time easier...just be there and be supportive, cry with her, laugh with her...and let her know that her life will get better and the pain does go awayWhat advice could I give to a woman going through the devastation of divorce?
Things happen for a reason I know that is something you dont want to hear right now...but in about 2 years you will understand. I never thought I would be divorced and single again...boy I am much more happier. I like that everything is mine, no one to ***** about bills and I dont have to give up half...lol_What advice could I give to a woman going through the devastation of divorce?
a lot of things come into play with that... i think that a good one is that everything is meant to happen (assuming she religous) the man upstairs knows what his plan is, not us
  • liquid eye liner
  • Advice on divorce?

    MY HUSBAND LEFT ME ABOUT A WEEK AND A HALF AGO AND SAID HE WANTED A DIVORCE. HE STOPS BY TO SEE OUR DAUGHTER BUT THAT IS ABOUT IT. HOW DO YOU FIND WAYS TO RELAX AND FIND WAYS TO MOVE ON WITHOUT HURTING SO MUCH?Advice on divorce?
    Theres no question about it, its one of the hardest things one will do. My mom and dad got divorced and she still loved him, she said she thought it would have been easier if he had died cause then she wouldnt have to see him all the time with other woman. But time heals a lot. You just have to pray about it and put your worries in Gods hands. You cant make someone love you if they don't. So if he isnt willing to work on it then you need to try to grasp the fact that it is over and life isnt going to be what you thought it was going to be. You have to make new plans and dreams for yourself and child. It gets better. I will pray for you! May God bless you!Advice on divorce?
    Sorry to hear that.


    The more things you have going on in your life, the easier it is to move on. If you dont have a job then get one. If you dont go out with friends then go. Get a hobby that you enjoy. Having things that occupy your time will help.
    Go to a bar walk up to the hottest guy in the place and ask him if he wants to have sex.... he'll say yes and you'll have the best sex you've ever had and you'll move on.
    Divorce is just like a death. You walk around in a fog just going through the motions. It takes a long time to work through all the levels of hurt. It is even worse if kids are involved because their whole world as they knew it is now gone. Divorce spilts up the family unit and it will never be the same. Just know that others are going through it and seek support from family and friends. Give yourself as much time as you need to heal. The healing process is different for everyone. Good luck and know that God will hold you up even when you can't do it on your own....
    I am divorced, and now remarried, it was a mutual decision for my ex and I to divorce, even though we both wanted out it agreed on that it still wasnt pretty! We fortunately didnt have any children together, but seeming you have a daughter with him, make sure that when she is with the two of you that you dont do any yelling or arguing, just keep it about her, and if it ends up that you start a ';heated discussion'; one of you should leave until the tension settles. I am sorry to hear that you have to be going through this, but wasnt there some signs that this was coming? Just make sure that you have a few people that you can go to at any givin moment to lean on, family or friends. Just ask them to listen to you vent, if they have any suggestive advise that is fine, but make sure that no one leads you in a direction that you dont want to go, trust me it will all work out in the end. Like I said I am remarried now and I am so IN love with my husband, we have our moments but we get through everything together, and someday you will find that person for you too, just hang in there and stay single for a while, atleast a year, that is the best advise that anyone ever gave me!!


    Good Luck
    Right now, it is so fresh that I bet you hurt every minute of the day. In time, this will get less, but you may always have a little of the hurt.


    FInd new hobbies, make sure you keep going to Church, you are not alone.


    Good luck to you@
    Time is the only thing that really makes the pain seem a little duller. Working out or taking walks helped me a lot. But, honestly it's been 3 years for me and I still feel hurt at moments. Life isn't better now it's just different. Don't let him see you down and out keep your chin up when you see him and act indifferent to him. In other words don't let him realize how much your hurting. I promise you that as time goes on your hurting will get a little less intense. Sorry for your pain :(





    btw..make sure your prepared for the worse, get a good lawyer and there are some divorce sites online that help you realize your not alone in this terrible time of your life.





    Good luck!
    seperation,, darn it was hard for me,, 19 years ago,, but you know it has been good,, i'm still friends with her and she with me,, our daughter is in college,, doing great,, my ex-wife has married three other times working on her next one,, and quess what all those guys know each other,, sometimes,, its better to just sit back and enjoy life,, i take care of my daughter of course and gets more expensive durning college,, lol stay looking if you must,, its all for the better,, i stayed hurting for about two months,,
    The best thing you can do is stay busy.


    Maybe it would help if you left during his visits with your daughter.


    Make that time your time to do things you enjoy or have to get done.The more your around him the more you are going to hurt.


    The pain will lesson with time.There aren't many things you can do to take the pain away.It may help a little if you talk to someone about how you are feeling.Having someone to talk to weather it


    be family or friends can really help.

    Advice with Divorce/Parentingplan/restrain鈥?order?

    ok. Please dont judge, because I know some will, and im not looking for that.


    Since my husband and I got married, it has been nothing but hell. He was mentally and physically abusive, very controlling over everything I did. My husband used to have a drug problem, but told me he had quite. Two years went by, and I recently find out he's still using. I was so depressed, one night I ended up using with him, and to say the least I had an anxiety attack and ended up in the hospital for the weekend. We also have a 2 yr old son together.


    When I got out of the hospital, I did alot of thinking, and felt for the sake of our son, and myself, it was not healthy for us to be together. We tried working out a schedule, but he said himself he had not planned on giving my son back to me when his visitations would be over.


    I got a parenting plan and filed for divorce. Ive been going to counceling, im clean, working, doing everything I can.Advice with Divorce/Parentingplan/restrain鈥?order?
    Get a lawyer and you both should have to take drug tests every month or neither of you should be with the boy.





    Oh...don't blame your husband for your own drug use unless he shoved it down your mouth. You are JUST AS GUILTY as he is for using drugs. He chose to use just like you did.Advice with Divorce/Parentingplan/restrain鈥?order?
    It sounds like you've done everything right this time and it's great that you are choosing to take care of you and your child first. You should seek advise from a lawyer about your husband , his behaviour and visiting rights. You may need to get a restraining order against him if you are still afraid of him hurting you or taking your child. Good Luck to you.
    35 years ago a lady I admire left an abusive marraige with 5 kids and a greyhound bus ticket. She was the firdt to graduate from high school in her family, she began working 2 jobs to support her kids. She lived in a rural part of Kansas City Missouri so that her kids would have a decent education. Now she has 6 grandchildren 4 of 5 happily married children all college educated, she retired and takes care of her mother who helped save her life. I asked my mom, what was the turning point? She stated she looked at us one night and decided that if she did not do something different then we would have no mother and would think this is ok. My mother is now reaping the rewards of leaving a turbulent marraige. You are on the right track, surround yourself with family and friends who will be there for you. Record your husbands threats and then seek advice from your local National Domestic Violence Abuse Advocacy center. Stay strong in your faith and remember you will reap the benefits of your good deeds. Peace be with you.
    well just keep going to counseling is he go to counseling just maybe you can get your son back may God bless you
    He's such a slime...


    you r doing the right thing....


    and if u need more help...


    write to OPRAH....
    The first thing I would do is contact an attorney.I would set up supervised visitation at a ';parent center'; or somewhere other than with your parents...call your local Friend of the Court and ask them about somewhere to have supervised visits.Here in michigan we have the Child/Parent Center.This will also alleviate his wanting to disregard what the orders say.i would get a restraining order/personal protection order against him.Do this while he is in jail...they will serve him while he is there.Try to set upi the visitation while he is there also.


    Make a list of things that you want (household items etc)give that to your lawyer.


    Agree to submit to drug testing for yourself and ask them to make him take drug tests.


    Keep doing what you are doing to better your life.This will also help your child.Have as little contact with the husband as possible.Keep your chin up..it will be a long road to travel,but will get better as time goes on.


    I left an abusive man and life has never been better.Good Luck!!!
    Take good care! All I can say is that the best you can do is to pray for you, your husband, your child. You're family, try to understand that nowhere is better, pray for yours, please! May God help you with what you need best!
    wow! what a mess that is. your son deserves two parents. his father should clean up his act for his son, if not for his own good. get a lawyer to protect your interests. volunteer to get drug tested. it will be a good step for court. good luck.
    HONEY DONT LET HIM FOOL YOU. GET A ATTORNEY GO AHEAD WITH THE DIVORICE OFFER TO TAKE A DRUG TEST USING THE HAIR. DONT LET HIM HAVE THAT BOY. I HAD TO DO IT MYSELF, NOW HE IS CLEAN AND THE BEST DAD IN THE WORLD. FIGHT HARD IF YOU NEED HELP FIND AWAY TO GET AHOLD OF ME I WILL HELP ANY WAY I CAN. DONT GIVE UP, YOUR SON NEEDS YOU.

    I have a friend who is thinking to divorce and is asking my advice. What can I read about couples?

    If they are asking for your advice, then I don't think that you should read up on it and then give them advice, because this way you are just giving them someone elses advice. They are probably asking you because you are their friend and they want you to help them decide the best course of action, and they probably want to know that you will be there for them through it.I have a friend who is thinking to divorce and is asking my advice. What can I read about couples?
    Tell them to go to marriage counseling. It's not your place to interfere and they'll only resent you for whatever you say anyway.I have a friend who is thinking to divorce and is asking my advice. What can I read about couples?
    If you have no experince in a marriage, I wouldn't be advising another as to what to do.
    You need to simply tell your friend that you are flattered that they sought your help, but that you care about them too much to guide them toward a potentialy wrong choice. Tell them to seek help from a qualified source.
    Talk to Steve Harley





    Learn about emotional needs and love busters and the concept of the love bank. There are many helpful tools there if BOTH spouses get on board.

    I can't afford a lawyer. I need legal advice concerning divorce aggreements.?

    At the time of seperation we had a home equity line of credit. He had borrowed $25,000. We have been divorced for 7 months and he has ran that up to $45,000. The divorce papers stated that he was not to borrow anymore against our home. My name is not on the loan at all and he is responsible for paying that back, but he only gets 25% of the house if I decide to sale in the next 8 yrs.I can't afford a lawyer. I need legal advice concerning divorce aggreements.?
    do what i did search for lawyers in ur area and email all of them explain ur situation and ur financial situation i guarantee ull find at least 1 lawyer that will work with uI can't afford a lawyer. I need legal advice concerning divorce aggreements.?
    So long as his share is more than the amount of loan, u shud not worry.
    legal services
    Take this to the county clerks office or the judge that signed your divorce and have him held in contempt of court.
    You should be able to afford.
    sounds to me like he has already gotten his 25% of the house. But if you go against the decree you will be the one in trouble. good luck
    OK -- is the house in both of your names? How on earth can he get an equity line of credit on the house if you don't sign for it? It would be a good idea to record your divorce agreement so it's a matter of public record and the title company would pick it up when doing a title search on your property. It would also be a good idea to contact whoever the lender is on the home equity line of credit to advise of the situation so they don't increase it again. You've got to put a stop to it immediately - unfortunately even though you have it in writing that your ex is responsible for repayment and is not to further encumber your property, once he's done it there's not a lot you can do about it - and it is encumbering your property so you could ultimately be the one who has to repay it. I'd see about the possibility of taking his name off title to your house (assuming it's on there) or at the very minimum revising how title is held to reflect his percentage interest IF sold in the next 8 yrs. There are groups that will assist you at no charge -- I don't know what area you're in but you should check on the web -- also the courthouse -usually there's a group associated with them that offer their services for free = usually a local law school or something like that. Good luck
    you are screwed because the lien for that loan is on your house; you have to find a lawyer; did you get a quit claim deed to the house, hopefully yes.
    what about a lawyer referral service. its free
    Well he had better hope that in 8 years the house appreciates so that his 25% can cover that $45,000.
    call......oh mann i forgott what i was going to say sorry :^(
    Time to modify the divorce decree. He is taking equity out of your home so that will effect the amount you get out of the sale. He gets 25% of the equity from the sounds of it so that is after the sale pays off the home equity loan, it won't just be out of his pocket but yours. If your name is on the house and not on the home equity loan then there was some shady business done by the bank or some fraud by him.





    See if your county has a lawyer of the day at the courthouse, free legal advice, but move quick before he eats up more equity in your home, because if he defaults on this loan its the house that will be taken by the bank.
    YOU CANNOT AFFORD NOT TO GET A LAWYER. Get one today and get this resolved before it gets worse. I would contact the company giving him the credit and show them a copy of your divorce degree also. Good Luck.

    Any advice for divorcing an immigrant spouse?

    I have been married to my immigrant husband for a little over a year but we are no longer getting along and are not living together. We have already had our first immigration interview and will be due for our second next September. Do I need to see an immigration lawyer or just a divorce lawyer? How long could this process take? Any advice welcome!!Any advice for divorcing an immigrant spouse?
    Immigrant spouse? Did you marry him to assist him in his status? If that is the case allow him to at least get that out of the way. Or, if you feel he tricked you into marriage you do not show up at the 2nd interview and he has a big problem on his hands. As far as divorcing him, that is a divorce lawyers jobs. If you feel the marriage was for his convenience you should have it annulled because as your husband he is entitled to a lot should you not remarry and not out live him. For example social security spousal payment. Any advice for divorcing an immigrant spouse?
    if he is illegal... call immigration and have him deported... then renounce him as a spouse