Divorce Attorney: Post-Divorce Legal Issues
LEGAL QUESTIONS & ANSWERS: LEGAL QUESTION: I married my wife last summer. I got rid of all my stuff and moved into this home she bought to fix up. She up and left me and quick divorced me, and told me I can stay as long as I want and putz and upgrade this beater home. I want to get on the deed. I just know if I leave I'll have nothing. Not fair. ATTORNEY TRICIA DWYER'S ANSWER: It sounds like you, and your spouse, are very intelligent people. It sounds as though you need help and protection now. A few ideas are that you can contact Legal Aid and do an Intake and see if they can help you. Another option is you check out what hours Ramsey County has lawyers available who provide free advice. I suggest you call 211 (the United Way) and tell them your zip code, and they can tell you of various options and possibilities. There's also something called 'Self Help', but, based on all you stated, I urge you to have help from a qualified and well experienced divorce/family law attorney at this time. It also sounds like you've been emotionally 'shaken up', so I urge you have help and support from people who know you and love you, and with whom you feel safe. I do not do charity work to solicit any clients. I will note to you that in my own work, I may provide reduced fee for people with financial hardship. I myself also very much like to work together with my client, with lawyer work cost curbing and containment in mind. If you do seek private lawyer help, be a good consumer - make many phone calls, etc. - I promise you each and every lawyer is different from the next. It's important you feel great trust and safety with who it is you choose to help you out. Take care. Legal question: I want to get sole custody from my ex- but he's an addict, no address, and missing. How can I serve him? Attorney Tricia Dwyer's answer: If I were to help you, I'd need to know fuller detail. For instance, is this some sort of restraining order action such as harassment or an OFP (Order for Protection petition)? If it's what's known as a 'motion', one first step is that I'd review the existing legal documents. Legal question: My ex won't share custody until our toddler turns age 4. Can I take my child to vacation in another state? Attorney Tricia Dwyer's answer: You seem to be stating there was a divorce, and a legal paper called a divorce decree; that decree is a court order (if not, it sounds as though otherwise there's a child custody order in place). If I were helping you, one starting point may be reviewing the divorce decree itself, because sometimes specific words about the child going out of the state of MN are included. Because you raise the question, you may have some special worries or concerns about it, so, if appropriate, of course please carefully choose one attorney you feel you can trust and have confidential legal advice. LEGAL QUESTION: I'm divorced & my ex- drives a car that's titled in my name & has a loan in my name. She won't refin' it or turn it over. What to do? ATTORNEY TRICIA DWYER'S ANSWER: Hello. Based on what you wrote, your ex- may have been ordered to refinance the loan to her own name, or else, deliver the vehicle to you. If I were helping you now, a starting point is to read the wording and terms of the divorce decree itself. Law enf' may have told you that 'this is a civil matter'; the role of the police is 'to keep peace'; law enf' isn't 'the judge', and police are not a private vehicle repo' company either. If I'd been helping you with your divorce, I expect I would have urged you to divorce in such a way that the 'ties' between the two of you are ended with full finality in the terms of the divorce divorce. Best to you. Legal question: I divorced in Wisconsin last year but am now living in Minnesota. Can I get custody in Minnesota? Attorney Tricia Dwyer's answer: Hello.This is a partial reply - please have private help, as appropriate for your personal situation. If I were assisting you, I'd need to know fuller details. A first question is always finding out if there is any present or past domestic abuse, which can be physical, but definitely not necessarily. Is there any emotional wellbeing concern about the child? Is parent or child, or both, scared? In danger? Trying to hide? A starting point may be reviewing the existing legal paperwork. Sometimes more than one state may be possible 'venues' (court systems) to address custody; an example would be if a couple divorced very recently but both quickly moved to another state, or states. LEGAL QUESTION: My ex wife is trying to stop joint custody. She's now lied and said I'm endangering our daughter for keeping her home one day. I kept her home because a bully boy slap @ed her at school & I have a principal appointment first.ATTORNEY TRICIA DWYER'S ANSWER: Hello. Based on what you described, it sounds as though you'll have plenty of proof. Legal question: I divorced in Wisconsin last year but am now living in Minnesota. Can I get custody in Minnesota? Attorney Tricia Dwyer's answer: Hello.This is a partial reply - please have private help, as appropriate for your personal situation. If I were assisting you, I'd need to know fuller details. A first question is always finding out if there is any present or past domestic abuse, which can be physical, but definitely not necessarily. Is there any emotional wellbeing concern about the child? Is parent or child, or both, scared? In danger? Trying to hide? A starting point may be reviewing the existing legal paperwork. Sometimes more than one state may be possible 'venues' (court systems) to address custody; an example would be if a couple divorced very recently but both quickly moved to another state, or states. |
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