phishinmom asked:


My cousin filled for divorce and is having problems serving her ex with divorce papers. She is doing it herself to save on money (single mom of 3) . He will not accept the papers. Does anyone know of a good way to serve him the papers without using a court appointed person to do it? He cant hide forever and she only has 4 days to gett hem to him. Thanks.

ROYAL

Oliver D asked:


If a wife of a man serving in the US Air Force (stationed in England) has separated from her husband and is now residing stateside where they used to reside, wants a divorce from her husband, how does she obtain service of process of the Complaint for Divorce on her husband in England?

JUANITA

John D asked:


The title and mortgage is in my name. We owe 550K and the house is worth 350K. I want to keep the house and remain living there. The other option would be to foreclose but, then we are stuck with the difference, which neither of us can pay and I know she won’t pay it so, I would have to.

What is a fair settlement in this? This is the main sticking point to the divorce.

THAD

Low Jeremy asked:


Child custody is the product of a divorce. When a couple decides to file petitions to nullify their marriage, the custody of their children (if they have) is now at stake. In most state laws, when it comes to child custody cases, mothers are considered to be the primary caretaker of the children. Thus, they have the odds of winning the legal custody of the children. However, there are also cases where the fathers are given the legal custody to the children, depending on the circumstances present. And the arguments are presented by each camp through a child custody lawyer.

If you are decided in settling your dispute between your husband or wife with regards to the custody of your children, you will be needing the expertise of a child custody lawyer. He or she will be the one who will represent you in family courts and will argue for your right of placing your children under custody based on the circumstances present. In addition, he or she will be the one who will be interpreting the family law of the state where the custody case falls. The provisions of family law may vary from state to state, which is why you need to hire a locally-based child custody lawyer.

Therefore, if your case falls within the jurisprudence of Iowa justice system, it is just wise that you hire an Iowa-based child custody lawyer.

However, the lawyer will be first evaluating your case as well as your odds of winning it. Most child custody lawyers in Iowa conduct free review and evaluation of your case which means they will be getting deeper into your story. Fortunately, just like looking for a child custody lawyer, free case review is now offered on the Internet. All you have to do is to look for these Iowa child custody lawyers’ website through major search engines.

Free case review online is very simple. An Iowa-based law firm provided you series of questions that can help them review your case as well as to determine if you have the odds of wining it. Basically, it is composed of the details of your legal case, which are as follows:

• The finality of your divorce with your husband or wife;

• Your parental relationship to your children (either father or mother);

• Where the children currently lives in prior to filing the child custody case;

• The primary care giver of the family;

• Special needs of the children (if there is any);

• The cooperation between you and your spouse on matters concerning your children like visitation;

• Court proceedings prior to the case review (if there is any), and;

• The reason why you feel that you must be awarded the primary custody of your children.

After filling up the form with the details specified above, an Iowa child custody lawyer will ran through these details together with the provisions of family law in effect within the state. Once he carefully evaluated each detail and possible consequences or implication, he will now give you an assessment of your case as well as the chances of getting the primary custody of your children.

Take this opportunity of a free case review online by your Iowa child custody lawyer. If you feel that you have the right for that custody, he will look on it and see if you can make it.



RUSSEL

lisbell0115 asked:


I know that an ex-spouse is entitled to part of her husbands social security benefits upon retirement. What I need to know is does the 10 years count from the date of filing, or the date of the final divorce decree?

ISIDRO

Steven Carlson asked:


In California, a 730 evaluation can be described as an in-depth study and analysis of a family, their children, and the relationships within the family in the context of a child custody and/or visitation dispute. A 730 evaluation is also known as a child custody evaluation or child custody investigation. 730 evaluations are specific to California in that the number “730” refers to the California Evidence Code Section 730 under which it is ordered.

In legal terms, California Evidence Code Section §730 states:

“When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court. Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act.”

A 730 evaluation is typically conducted by a “child custody evaluator,” also known as a 730 evaluator or custody evaluator. The 730 evaluator will play the role of the investigator and look closely at the family dynamics so he/she can provide the court with a 730 evaluation report as evidence to help the court find the best possible arrangement that reflects the overall best interest of the child. The 730 evaluation report may be oral or written and the 730 evaluator may be called to testify or cross-examined at trial.

A 730 evaluation is generally ordered for a specific purpose and usually within high-conflict or complicated child custody cases where expert evidence is required. Before agreeing to a 730 evaluation you will want to discuss your particular case with a family law attorney in your area to help you learn whether or not a 730 evaluation is the right approach for you.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



ORLANDO

Christoph Hickory asked:


A divorce is stressful enough, but when child custody is involved it can get ugly really quick. Unfortunately, there are times when the underlying reason for child custody isn’t about the children at all. It’s just one more way to get back at their Ex for all the “horrible things” that they have done. This is the worst situation because the only one who ends up getting hurt is the children. That’s why I felt compelled to write this article. My wife and I have been have been in a “heated” battle for her daughter for over a year now. Her ex-husband is a manipulative “know it all” who is purposely limiting my wife’s contact with her daughter. My wife lost custody several years ago when she had to leave the state they were living in because of the constant harassment and threats being made by her Ex. At the time, the judge could not make a decision on custody and my wife was not allowed to take her daughter out of the state. It was not long after that her Ex’s high price attorney was able to get the judge to grant him full custody simply because my wife now lived out-of-state. Needless to say, my wife was devastated. She didn’t think it could happen just like that with no consideration given to her situation. So in an instant, she went from having 50:50 custody to seeing her daughter only 6 weeks out of the year.

A couple of years later, I came into the picture and was able to convince my wife that she needs to stop being afraid of her Ex and it was time to fight for her right to be a mother to her daughter. That was easier said than done. By that time, her Ex had used his influence over his daughter to get her to blame my wife for everything that had happened. Soon the phone calls got shorter and shorter, and her daughter started saying awful things to my wife…things that just tore her up inside. This 5-year girl was “yelling” at her mother for breaking up the family, for causing all her daddy’s “money problems”, and for leaving her behind to be with her “new husband”. None of which it true, but try explaining that to a 5-year old girl over the telephone with her “Daddy” sitting beside her and listening to the entire conversation. My wife was an utter mess, and even started blaming herself for what was going on.

We finally decided enough was enough, but we had no idea what to do next. I research everything. I’m all over the internet look for tip and strategies, anything that can give us an idea on how to deal with a child custody issue. And wouldn’t you know it; all I get are law firms that tell you that all you have to do is get the right lawyer. So that is what we did. We gathered all the money that we could, our entire savings and then some, and then hired a lawyer. A lawyer who called our situation an “atrocity”, and that he would do everything in his power to put a stop to it. And so it began, the child custody battle was in full swing. But after the first motion was sent out by our lawyer, we heard nothing. Days, weeks went by and no response, and when we tried to get in touch with our lawyer we had to set up an appointment where we would get charged $250 an hour to talk to him over the phone. A year goes by and nothing happens, except for the judge telling my wife’s Ex to stop turning her daughter against her. And did I mention, we had a nice $16,000 lawyer bill.

This child custody battle was causing us all kinds of pain (emotionally, mentally, and monetarily), but we vowed not to quit. In the mean time, her daughter was angry at us once again because we were trying to “put her Daddy in jail” and “He would die of a broken heart if she was ever to go and live with mommy”. It was gut-wrenching to the both of us. And then something happened that gave us some hope. Did the lawyer call with some good new? No! Did the judge finally make a decision in our favor? No! I came upon a website talking about two experts (Doctors of Psychology) in dealing with child custody issues. With over 35 years of experience between them, and numerous expert testimonies, they looked they had something that they could teach us. And wouldn’t you believe their guide on strategies in dealing with child custody only cost $89. I was skeptical at first, wondering what they could know that our lawyer doesn’t. But what is $89 compared to $16,000, so I took a look. Right from the beginning, I noticed things that our lawyer never even mentioned to us. I even brought up some points from the book to our lawyer (at $250 an hour), and he acted like he had never heard of that before. These weren’t over the top legal tactics. These were simple things that none of us had ever though of. We’re still in the midst of the custody battle, but things our leaning our way for the first time ever. All I can say is that the guide has helped me understand a lot more about child custody strategies, and I had only wished that I had found before all of this started. If you our in similar situation yourself, or about to fight for custody, I urge you to get this guide. It’s a small price to pay in the long run, and it even shows you ways to make your lawyer work harder for you. To check out what these experts have to say and check out their guide go to Child Custody Strategies.



RANDOLPH

Low Jeremy asked:


If you’re from Illinois and having problems in divorce situations that resulted to a child or children custody battle, better read this.

When you are about to put your marriage in separate directions, you must expect that it’s a long way to go. Certainly, ending your marriage in divorce can cost you to have the task of the equal sharing of properties and as well as you’re most prized possession – your child or children.

It’s very difficult to understand how to cope in a child custody battle. A marriage that ended in divorce can be the start of a legal battle on whom to keep the child or children. Since the couple is separated, the issue of bitterness is still very much alive on each part when they are about to have the custody of the child or children.

For in part of having the custody of the child or children, divorced parents are looking for experienced individuals with regards of child custody. In the state of Illinois, there are lots of good lawyers that can help you fight for your rights. It’s your way to find a good lawyer that will suit your needs.

Precisely, a lawyer must be consulted before any action is taken so as to keep respect regarding to child custody. You must consult your lawyer about all the issues including jurisdictional options and requirements. Your lawyer will base the action intended with respect to the law that protects the child’s or children’s best interest. Since the troubled parents are facing different hardships, they must give way to what is the best for the child or to the children.

Accordingly, your preferred Illinois lawyer will tell if your case can be heard pursuant to the following types of proceedings:

• If the case is under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) which is part of the dissolution or in legal separation procedures.

• If the case is under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) which is a part of an independent action, even though both parties are never married to each other.

• If the case is under the Illinois Parentage Act of 1984 in a move to set up parentage.

• Under the Juvenile Court Act of 1987, if the child has a case that includes situations like delinquent, neglected, and abused.

• Under the law of Probate Act of 1975, when care of the child or children is wanted.

• Under the law of the Adoption Act, pending the termination of both parental rights and temporary child custody.

In determining your rights to be heard, your lawyer will take the necessary actions in order to make the case settled as soon as possible. Moreover, your Illinois child custody lawyer will determine if the case will be prosper under certain conditions. An Illinois court will tell if the case will be heard if it’s under any one of the three situations and these are the following:

• If the state of Illinois is the home of the child at the time of the beginning of the proceedings or if the state is the child’s home within 6 months before the start of the proceedings. The child is not living anymore within the state as long as one of the parent or an individual acting as parent continues to reside in Illinois.

• If one of the parents has important connection with the state and interest of the child concerning the future care, training, protection is available in the state of Illinois.

• If the child is physically present in the state of Illinois and abandoned or mistreated and neglected.

• If the case appears when another state declined to apply its jurisdiction on the ground that only the state of Illinois is the place to take the appropriate judgment.

Finally, in resolving your case to whom the child rightfully belongs is just another phase of the process in divorce or in legal separation. With an involvement of an Illinois lawyer, their knowledge about the state’s child custody laws will surely help your case. Their helpful advices can help you to fully understand different options to bring the best interest to you and your child.



MEGHAN

Harry Guilmont asked:


My sister’s husband is going to initiate divorce proceeding’s against her. Can she contest the divorce without the services of
an attorney?

OLIVE

D. D asked:


If you get a divorce from a parent, how would you go about the procedure? Do both parties have to agree to the terms. I am considering divorcing my father for legal proposes, ie if something were to happen to me I do not want him to benefit from it.
Is this step necessary (divorce) or can I just make a living will, and just avoid the whole headache.
I am 22 years old. Should I seek a professional to consider all options. Any relevant advice would be greatly appreciated. Thank you in advance.

CRISTINA