Which State Has Jurisdiction If Child Lives In Another State?

Question: My wife and I are currently separated and live in separate states, though our child lives with me. I do not yet meet the residency requirements to file for divorce in my state, but my wife does meet the residency requirements in her state. She says that once she …

What Is An Alimony Buyout And Is It Right For You?

By Cordell & Cordell Divorce Lawyers An alimony buyout, often referred to as lump sum alimony, is an upfront, one-time payment to the recipient party, which is less than the equivalent of the present day value of the payments over time. In most cases, the interests of persons asked to …

My Wife Is Pregnant With Another Man’s Baby

Question: My wife is pregnant by another man. I am thinking about filing for divorce because I feel like it is my only option. But is there anything other than divorce I can do to protect myself? I don’t want to be responsible for another man’s child if we do …

Proving Cohabitation To Terminate Alimony

Question: I have been trying to divorce my wife for several years. I have been paying her alimony throughout the pendency of the divorce. I recently found out she has been living with another man who financially supports her. Can I petition the court to terminate spousal support if my …

Enforcing A Notarized Agreement That Was Never Filed

Question: The mother of my now adult son and I agreed on the termination of my parental rights in order for her husband to adopt him. We had the agreement notarized, witnessed and prepared, but she never filed the original document with the court. Can I still ask the court …

Who Is Prohibited From Sleeping Over By The Overnight Guest Morality Clause?

Question: My divorce decree says neither party is allowed to have overnight guests during their scheduled parenting time. I have always respected the clause, but now I would like to have my girlfriend of three years move in with me. Would she be considered an “overnight guest” if she were …

The Difference Between Legal Separation and Divorce

By Tara N. Brewer Special to DadsDivorce.com When facing marital problems, many couples struggle with the decision to separate or divorce. Both legal separation and divorce have benefits and drawbacks so it’s important to know the legalities of both.

Can A Party Request Child Support If It Was Not Ordered?

Question: I have joint custody and neither party pays child support per our divorce decree. I would like to petition for sole custody of my son and have a child support order entered so my ex-wife would pay me. What is the likelihood of changing terms of our divorce decree, …

Putting A Lien On Property To Pay Attorney Fees

Question: My ex-wife’s divorce attorney placed a lien on my house for her attorney fees. I am trying to work with the bank for a loan modification, but her divorce lawyer will not remove the lien. What can I do?

Are Prior Arrests Relevant In Family Court When Enforcing Unpaid Child Support?

Question: According to my state’s child support laws, I am in danger of being charged with a felony for nonsupport. I already have a prior arrest record, though it is unrelated to failure to pay child support. Will the judge take into consideration my prior arrests when issuing a judgment?