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How to speed up the divorce process? law answers (86451)

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Q: 

Several years ago while married to my ''soon to be Ex'', we took some pictures/video of each other while ''in the bedroom''...my Ex is very angry over my wanting and asking for a divorce and is threating ''to destroy me'' by sending copies of these pictures of me to all my co-workers, friends, and family...INCLUDING MY 16 YR OLD DAUGHTER!! I have all these threats ''in writing'' via Text Messages sent to my phone. I was going to start the divorce process this week (I was going to handle all of this myself since we have no kids and only about $15k in Equity to divide) but now I am afraid that once the papers are filed, the pictures are going to be made ''Public''.If my Ex actually does this, can I file a Civil Suit?

A:  You may have a civil cause of action against your husband, BUT do not get lost in the emotional fight of a divorce. I am happy to discuss this with you. I am a Texas Uncontested divorce lawyer for any County in Texas. I charge a flat fee for any Texas Uncontested divorce. If you can have an Uncontested / Agreed divorce that will be the fastest and least expensive way to proceed. Call 512-82-SPLIT :: 512-827-7548 for a FREE phone consultation....

Q: 

With all things being equal, (employment status, income, living situation) is it more likely that a woman will be granted custody of children by a judge in the divorce process?

A:  Although the law is gender neutral, it seems to happen that way....

Q: 

Can one spouse sell marital property while being in divorce process?

A:  Barring an order to the contrary, there''s no legal restriction on selling or buying property during a divorce. That having been said, most lawyers would advise against it, for two main reasons: (1) if it reduces the value of the marital estate (as it would if you sell a valuable asset to Uncle Ralph for $100, for example), the judge will justifiably be angry with you and want to pop you; (2) any time you sell or buy something during a divorce, you reduce your flexibility to reach a settlement with your spouse. -- Lee Borden...

Q: 

I got my permanent residency on my own, and then married a US Citizen about 1.25 years later. Unfortunately, the marriage only lasted one year; our divorce has been going on for another 2 years since then. Upon the three year anniversary of our marriage, if the divorce is still in process, can I file for naturalization? Of course, if I wait one more year from now, I will technically have passed the 5 year wait period. We have not been living together during the divorce process

A:  The general rule is that a person must be a permanent resident for five years before qualifying to file for naturalization. An exception to the five year rule applies if a person is married to an American citizen, the parties have been married for three years and are ''living in marital union''. In that instance, the wait to qualify to file is three years from the date of permanent residency. In your case, it would seem clear that since you are separated from your wife and a divorce is pending, the three year rule would not apply. Even though the divorce is not yet final, courts have interpreted the institution of divorce proceedings to terminate the ''marital union'' requirement. As with many

Q: 

We would like to start the divorce process ourselves, when we file the Petition do we have to submit a parenting plan at that time if we are planning on joint custody of our two minor children. Having trouble just getting started, thank you

A:  See our article on Self-Service Guide for divorce Cases. Additionally many of the local courts have self service guides for divorce as well. May 07, 2008...

Q: 

When my ex-husband and I separated in March 2005,I had asked him to sign a waiver for my 401K. He willfully signed it and was notarized. During the divorce process this year, he is asking for half of it. Is he entitled to it?

A:  NO. if it has ben signed by him. NO. He is entitled to the portion that accrued during the marriage. The signed document is unenforceable because it lacks consideration. You cannot enforce the promise to give a gift....

Q: 

Is it legal to live in with your dometic partner or significant other while you are separated to your first wife and the divorce process is still in progress?

A:  ...

Q: 

Finally: NO FAULT divorce PERMITTED IN NYS, SOON! :)

A:  This legislation is long overdue. NY is an absolute pain in the rear to get divorced in. I am in AZ and divorce out here is easy and fast if both parties can agree. Thank you so much for your informative post.  Like you, my NYS divorce was a nightmare I will never recover from.....it also left me with distrust for the legal system and lawyers. Do you happen to know when the new law will go into effect? Hooray for NYS to finally get on board. Like Dawn, I too have had the most miserable and horrible experience trying to get a just and fair divorce in NY. 4 12 yrs later, over $60K spent on my end with 3

Q: 

divorce while pregnant law? Texas

A:  I need help. I am in texas and my husband had me served with a petition for divorce on the last day of August 2005, while I was pregnant. I asked him why he didn''t wait until after the baby was born. He said something along the lines of some law that was going to be passed in a few days. WHAT law? Does anyone out there know what law was passed in Sep. 2005 in regards to getting a divorce while the wife is pregnant? I have searched online but can''t find anything. Let me also mention that the petition stated that "no child was born, or is expected" from the marriage. They both new good, and well, that I was going on 7 months pregnant. Would that void the...

Q: 

Need to get a divorce in Nevada

A:  Temporary custody orders are made all the time by family courts in all states and U.S. territories. Essentially, he needs a court order. He petitions the court for custody and/or reasonable visitation. She probably will counter-petition for custody and/or child support. If he does not know how to do this one (or lacks the time to do it), then he hires an attorney to do it for him. Until there's a custody order in place, brother is free to go get the kid when he likes. If wife doesn't like it, he can also move back into the house. :) "... is there anyway a temporary custody order can be put into place during the divorce process?" Sure. "If so, what does he need to do to get one implemented?" He needs to file...