Divorce Legal Answers

I’m engaged and wondering if I need a prenuptial agreement. I have a 10 year old daughter from a prior relationship. I moved here from Maryland to be with my fiancé and we are getting married in LA. I’m told that California is a community property state and that everything we each own now and anything we purchase together while we are married becomes community property. I’m worried about losing half my assets if we divorce. I want to provide for my daughter and I don’t want the assets I own now to be divided with my fiancé, and my daughter to possibly lose out. Will a prenuptial agreement (does his SEO pick up ‘prenup’) protect my property and can my fiancé and I decide what we do and do not want to include in the community property?

My husband moved out of our house about a year ago and now says he is filing for divorce. We’ve tried to get back together a few times since he left and he’s stayed here at the house with me several times. I read online that we have to be separated for a year before he can get a divorce if I contest it. We’ve had sex as recently as two months ago. I want to contest the divorce because I still think we can work it out. What do I need to do if he serves me with divorce papers and how can I prove that we have not really been truly separated for the one year period?

Spouse and I are separated and he’s been paying me child support for our three kids since he left. Right now, my kids and I are still on his health insurance policy. But we are moving toward a final divorce and once it’s done, I’ll be cut off from his policy and will need to get my own. Insurance through my work costs a lot and I’m not going to be able to pay for what my kids need and pay for my own insurance. Could a judge require my ex to continue to provide me health insurance after the divorce and if not, can I ask for more child support?

I caught my husband cheating and I want a divorce. I’ve been married for ten years and we own a restaurant together. He keeps threatening that he’ll push me out of the restaurant and run it without me. I need an aggressive lawyer to make sure he doesn’t get any part of the business and I get his name off of it. What do I need to do to get the divorce started and is there any way I can keep him from working at the restaurant while our divorce is pending?

I was ordered to pay alimony to my ex in our divorce. However, we have a cohabitation clause in our divorce decree and if she lives with someone she’s romantically involved with, I can ask a court to stop my alimony payments or reduce them. I think she’s living with her boyfriend but she’s hiding it to avoid losing the alimony. I’ve driven by his house at night and seen her car, but she still has her own apartment and she’s there sometimes too. What do I need to prove to trigger the cohabitation clause and does Illinois law allow people to hire private investigators to testify in court about cohabitation?

In my divorce the judge awarded me part of my husband’s pension. My lawyer at the time said I needed to have something called a “QDRO” to get my share of the retirement payments. I wasn’t happy with the way the lawyer handled my divorce and no QDRO was ever done. My ex is receiving his full pension every month and I’m not getting any part of it. I’ve researched how to do one myself and they seem very complicated. Every month that passes I’m being cheated out of my fair share of the retirement. I’ve asked my ex to pay me my share directly and he says he won’t until the law requires him to. How do I go about getting a QDRO and my retirement payments?

I’m a father and I want to know my rights in a divorce and custody case. The mother is asking for alimony and full custody of our kids. I don’t agree with either of those things. She can get a job and support herself and I’m a good dad who should at least have 50/50 custody. What rights do I have to fight alimony and get shared custody of my kids? I’ve heard that courts in Virginia always favor the mom and men are required to pay alimony if they make more money than the wife. I need an aggressive lawyer who understands father’s rights and will fight for me in court.