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QUESTIONS

Is a no-fault divorce in Boston the same as uncontested divorce?

My spouse and I have been separated for over 3 years and I want to finalize a divorce. We separated because she was emotionally abusive to me and to our children. We have no property to divide and the kids have lived with me full-time since she left. Can I get an uncontested divorce and is that the same as a no-fault divorce? I won’t agree to say in the divorce paperwork that we separated amicably, but there is no need for us to go to court for divorce or custody, either.

QUESTIONS

How can I get an accounting of my child support payments?

The Georgia Division of Child Support Services sent me a letter saying that because I’m behind on child support, they are going to intercept my federal tax refund. I dispute that I’m behind – I paid my ex in cash for 2 months worth of support. I was out of work and the child support office couldn’t get money from my paycheck so I just paid my kids’ dad directly. I told him about this letter and he keeps saying he’ll call the child support people and let them know I’m not behind, but he hasn’t done it and I’m getting ready to file my taxes. I can’t have that refund taken because then I will have double paid him for 2 months of support. How can I get an audit of my account and confirm that I don’t owe back support?

QUESTIONS

Does Iraq allow U.S. Citizens to adopt orphan children?

My wife and I are originally from Iraq and we are now living in the U.S. and are citizens here living in Atlanta, Georgia. We have tried to have a child but she cannot conceive. We are aware of the large number of orphaned children in Iraq and are contemplating adoption from our home country. However, we are Muslim and our faith does not approve of closed adoptions where a child does not know their lineage. Is Iraq allowing adoptions of their orphans and do they provide any information about the child’s parentage and background? How do we find a lawyer who is familiar with Muslim traditions and Iraqi law on foreign adoptions?

QUESTIONS

Can I use a prenup to address infidelity?

My girlfriend has a history of cheating on me. We’ve been to counseling and I think we’ve worked on things and I do want to ask her to marry me. But I am still concerned about her history and if she’d commit adultery after we marry. If I get her to sign a prenup that says if she cheats on me and that causes us to divorce, she automatically gets nothing from the marriage – would that agreement be valid? I have no problem being fair in a divorce and dividing things up equally if we divorce for any reason other than her being unfaithful. But if she is, I want to be able to get out of the marriage quickly and without a lot of cost. I also need an Arabic speaking lawyer in the San Diego area to write this up, my wife’s English is not great.

QUESTIONS

How to prevent a child abuser from getting child visitation?

3 years ago, my daughter’s father was found guilty of sexually abusing her. He served time in jail and is now out and has become very involved with a church in San Diego where he lives. He says God has forgiven him and he wants to work on a relationship with my daughter again. He thinks she can forgive him too. He says he is going to file in court for visitation with her and wants to be able to take her to his church with him. I’m opposed to this and don’t believe at all that he has changed. How can I stop him from getting time with my daughter and from further abuse? Do I need to file some sort of counter lawsuit to permanently ban him from seeing her?

QUESTIONS

How to get a fee waiver to file an uncontested divorce?

After 5 years of marriage my husband and I want a divorce. We agree on everything and don’t want to go to court. I contacted the clerk’s office in New York where we live and was told that it costs over $200 to file for an uncontested divorce. We don’t have that much money as we’ve both been laid off due to Covid, but for health insurance reasons, we don’t want to delay the divorce, either. I may qualify for state insurance if I’m not married to him anymore. Is there any way to get the filing fee waived or reduced, or can we pay it over time?

QUESTIONS

Does my 13 yo niece have to agree to me adopting her?

My sister passed away unexpectedly a year ago and her daughter, my 13 year old niece, has been bouncing around from relative to relative since then. Her father and my sister divorced when she was a baby and he’s never really been in her life. He did not show up at the funeral to claim my niece. She has not been doing well since her mother’s death, failing school, not attending her sports, and using alcohol with her friends. My wife and I would like to adopt her and give her some stability, help her get back on track. If we adopt, I can put her on my health insurance, include her in my will, and get her other benefits through my work. Unfortunately, she says she doesn’t want to be adopted because it would be a betrayal to her deceased mom. Does she have to consent to an adoption here in New York and if she won’t, is there some other legal means we can pursue to legally be able to care for her. Perhaps custody or guardianship?

QUESTIONS

Will a divorce remove my spouse’s name from the house deed?

I want to divorce my wife. We own nothing together except a house here in Chicago. She left two years ago to go back to Algeria and I have not seen her or had contact with her since. I’ve met someone and want to move on with my life. I contacted the bank that holds our mortgage and was told that I couldn’t do anything about taking her name off the house without her signature. I know I can file for divorce and eventually get it even if she doesn’t respond to the divorce complaint, but I am not sure what I can do about getting the house in my name only. Once the divorce is final, with that divorce decree be enough to get the bank to take her off the loan and deed?

QUESTIONS

Will a prenuptial agreement control custody of my child?

I am from Chicago and my soon to be husband is from Morocco. He is here in the United States on a work visa. I am pregnant with our first child and we will be married before the baby is born. My fiancé wants me to sign a prenup that says no matter what happens with our marriage, I will grant him equal custody of our child. I am concerned about doing this and he is able to take the child to Morocco once his name is on the birth certificate, and possibly even register the child as a Moroccan citizen? Can child custody be included in a prenup and is there any way to include language preventing my future husband from taking our child out of the country without my permission, whether we are married or not?

QUESTIONS

Can I be forced to pay for my daughter’s college?

My daughter just finished up her first semester in college at George Mason University here in Fairfax. She partied all the time and did terribly in school, barely missed failing out. In my separation agreement with her mother, I agreed to pay for 4 years of college, but that was under the assumption that she was going to apply herself. I’m not paying tens of thousands of dollars for her to sit around drinking and having fun with her friends. Is there any way I can get out of that clause of the separation agreement? Also, her mother is doing nothing to rectify this situation and just says our daughter will grow out of the partying stage. Even though my daughter is in college, is there anything I can do to get custody of her and make her come live with me under my rules if she does want to stay in school?

QUESTIONS

Getting a divorce from someone with a top security clearance?

My husband and I live in Fairfax, Virginia and he works for the state department. He has a high level security clearance. I know he is cheating on him although he denies it. He’s threatened that if I try to bring him on adultery charges, he’ll lose his clearance and his job, meaning I would get no alimony. Is there a way to seal court records so that outside people don’t see why we are getting a divorce? If not, can I pursue a divorce for some other reason but still get alimony based on his conduct? He also travels extensively for his job and has said if I try to pursue this, he’ll just get on a plan and disappear, leaving me with nothing. How can I stop that from happening, would the state department help me locate him?

QUESTIONS

Do I have to disclose all my property in a prenup?

I want a simple prenup before I get married that says I keep whatever is in my name if the marriage breaks up and she keeps whatever is in her name. If we buy something jointly, we split it equally. I don’t want to go into detail in the prenup because I have a lot of assets she doesn’t know about. I’m concerned that if she finds out, she’ll never sign a prenup. If she does sign a simple prenup under these terms and finds out later about the other properties I have, will the prenup still be valid?

QUESTIONS

Can I have an interpreter for a child abuse interview?

My younger son’s doctor reported me for child abuse, apparently because my son told him I was touching him in the wrong way. This is completely not true, but the workers from the child abuse office showed up at my house and wanted to interview me. I speak Arabic as my first language and while I can mostly understand English, I did not get a lot of what they were talking about. I feel they were pressuring me to talk to them. Can I make them give me an Arabic interpreter so I know fully what they are saying about me, or maybe should I consider getting an Arabic lawyer to be with me during the interview, even though I’ve done nothing wrong?

QUESTIONS

How long do you have to live in Florida to get an uncontested divorce?

My husband is a dual citizen of Egypt and U.S. He left me and my kids to go back to Egypt several years ago. There is nothing left of what we had and we don’t own a home together anymore. I don’t expect him to come back at this point and I just want a divorce. How do I get an uncontested divorce from him if he no longer lives here in Miami? Do I still have to serve him with papers if I’m not asking for any property? Also, is there any way I can get him to pay child support for our 3 kids? He sent some money when he first left but hasn’t sent anything for the kids in over a year now.

QUESTIONS

Are monies from a car accident marital property?

My wife is from Syria and we married in the U.S. and live in Miami. She travels back to Syria often to visit her family. On one of her trips, she was in a terrible car accident. She has a Syrian lawyer helping her with her case, as the accident was the other driver’s fault. She was pretty badly hurt, and I suspect that she may receive a lot of money in a settlement or from the courts. She won’t discuss the details with me, and I fear she may be planning to use whatever she gets to move back to Syria and divorce me. How do I find out about these funds and do I have any interest in the money because we were married when the accident occurred? It is marital property, and if it is, how do I protect my interest? What if she just goes back to Syria without giving me notice?