|
|
 |
 You can e-mail us to ask questions. One of our attorneys will reply. Please do not use real names and other personal information in stating your question. Our replies will not apply to your specific circumstances, but to the general principles of the laws of our state and local municipalities. Replies are not to be taken as legal advice, and writing your questions to us does not establish a client-attorney relationship or privilege. For legal counsel, please contact a qualified attorney.  A husband and wife are living separately. Is "separate" a legal status under any civil law? - Alfred Many states provide for a Court Order such as Legal Separation, Limited Divorce, or Divorce from Bed and Board to establish custody and support and other issues during separation. You can also negotiate a Separation Agreement. Do you pay child support on a 40-hour week or your yearly wages which include overtime? - Amy Most states have statutory child support guidelines based on gross income, which is usually defined to include salary, wages, overtime, bonuses, etc. I have filed for divorce. If my husband does not sign the papers and does not countersue, how long will it take for the divorce to be finalized and what will happen. --Rene The Court does not have jurisdiction until the Complaint is served on your husband. This can be accomplished by process server or some other method depending on the rules in your state. If he still doesn't answer, you will have to file a motion for default. The court will hold a hearing and eventually give you a divorce if everything is in proper order. This takes from three to six months at a minimum, and possibly up to a year or more. My boyfriend lives in VA. He decided to divorce. His spouse is moving to CA soon. They have been separated more than six months but lived in the same house without a separation agreement. He has two children. Does he have to wait one year to divorce? - Nicole You have to look at the grounds for divorce in your state. For example, some states provide grounds without a waiting period, such as adultery or cruelty. The waiting period is there because the law favors marriage over divorce and wants the parties to make sure of their decision. The waiting period varies significantly among the different states. And note that the waiting period only applies to when you can file a Complaint for Divorce. It doesn't stop you from negotiating a Separation Agreement. Where can I learn more about a lawyer we are considering retaining. Is there a rating system or organization that helps to monitor attorneys? I checked with the American Bar Association, but they have offered no assistance. -Alex Start on the Internet with the various State Resources on DivorceNet.com, where you will find good lawyers practicing family law only a click away. You can also use your Internet browser and search engine to find other listings of lawyers. Martindale-Hubbell rates lawyers by a survey of other lawyers, not clients, and the highest rating is "av". The best way to find a lawyer, though, is still word of mouth. So I would advise you get on the bulletin boards at DivorceNet.com and ask around. |
|
 |
