Factors Deciding Who Gets Temporary Possession Of Home

Question: What would be considered when deciding who gets to stay in the home during the divorce proceedings, otherwise known as temporary exclusive possession of the marital residence? It’s my understanding that one spouse can’t force the other spouse from the residence unless it can be shown that occupancy by …

Is It Necessary To Appear For A Temporary Order Hearing?

Question: I just received a motion for temporary orders to allow my spouse to have exclusive possession of our marital home and requesting that I move out. Do I even need to attend a requested hearing for these temporary orders or will her requests be granted?

Establishing Residency And Transferring Divorce Case

Question: I am moving to another state and would like that state’s divorce laws to apply to my case once I establish residency. My divorce case is final in the state I currently live in, but when I’m settled in my new state can I transfer jurisdiction to that state?

Recouping Child Support If You Are Victim Of Paternity Fraud

Question: I am a victim of paternity fraud and would like to recoup my paid child support because of it. My ex-wife recently informed me that I am not the son of our child who is now an adult and who I paid child support for after our divorce. Is …

Can Parents File For A Custody Modification At Any Time?

Question: Can my ex-wife file for a modification of child custody whenever she wants even though I have primary custody of our children? Our decree deems me the primary custodian but the kids have been living at their mom’s house the past few months as I work things out with …

Why Are Divorced Dads Required To Pay Extra Expenses?

Question: Why are divorced parents held to a different standard than the standard to which married fathers are held? A married father would never be required to support his children at a certain level based on his income, which is what child support requires for divorced dads.

Are Inherited Life Insurance Payouts Subject To Division?

Question: My wife received money from her father’s life insurance policy. Is that money now a marital asset subject to property division laws if we get divorced?

Fighting A Temporary Restraining Order Obtained Ex Parte

Question: My ex-wife successfully filed a temporary restraining order against me while I was out of town and the children were with her during her parenting time. Even though I am the custodial parent she claimed “abandonment” because I went on vacation and filed for primary custody of the kids. …

Can You Plead The Fifth Amendment In An Adultery Case?

Question: A woman I had an affair with is getting a divorce. She told me I am going to be summoned for deposition to testify about the infidelity. May I invoke my Fifth Amendment rights or will I have to answer these intimate questions?

How Is It Decided Who Is Awarded The Marital Home?

Question: How do you know which divorcing spouse has a better chance of being awarded the marital home in a divorce? Is it just the spouse that has a higher income who theoretically could afford it easier than the lower-earning spouse? We both want joint 50-50 custody of our child …