Legal Q&A

Family, Divorce & Domestic Matters

Browse published legal information questions related to Family, Divorce & Domestic Matters.

SD - South Dakota

Is it legal for the court to order child support before paternity testing is finished?

In general, a court may be able to address temporary child support before paternity testing is fully finished, but that usually depends on the facts, the court’s procedures, and whether paternity has been legally establi...

FL - Florida

Do I have to delete a recording if I later realize I did not get proper consent?

In Florida, the answer depends on what was recorded, how the recording was made, and what “proper consent” means in the specific situation. In general, Florida is a state where recording private communications can raise...

AL - Alabama

Do I have to attend mediation before a divorce trial in Alabama?

In Alabama, you may have to attend mediation before a divorce trial, but it depends on the court, the judge, and the facts of the case. Mediation is a process where the spouses try to reach agreement with the help of a n...

AR - Arkansas

Is it legal for Arkansas to intercept my stimulus or tax refund for old support debt?

In general, yes. In Arkansas, the state may be able to intercept a tax refund, and in some situations a stimulus payment, to help collect past-due support debt. That usually means overdue child support, and in some cases...

IL - Illinois

What are my rights if my spouse has been financially supporting their new partner with marital money?

In Illinois, if a spouse may be using marital money to support a new partner, that conduct can matter in a divorce or other family-law case. In general, money earned during the marriage is often treated as marital proper...

DE - Delaware

What happens if my spouse refuses to pay the debts assigned to them in the divorce?

In general, if a divorce order assigns certain debts to your spouse and that spouse refuses to pay, the divorce judgment may still control the rights and obligations between the two of you. In Delaware, as in many states...

DE - Delaware

What happens if my spouse refuses to list a cash savings account on financial disclosures?

In Delaware, as in many family-law matters, spouses are generally expected to make full and honest financial disclosures during a divorce or other financial proceeding. If a spouse refuses to list a cash savings account,...

WI - Wisconsin

What happens if my spouse claims the prenup is unfair after 15 years of marriage?

In Wisconsin, a spouse who says a prenuptial agreement is unfair after a long marriage may be asking a court to review whether the agreement should be enforced as written. In general, the length of the marriage by itself...

RI - Rhode Island

Do I have to divide an inheritance I received while married?

In Rhode Island, an inheritance received while you are married is often treated as separate property at first, but that does not always mean it will stay separate. In general, inherited assets may remain with the spouse...

OK - Oklahoma

What are my rights if my ex is using the child support case to demand my tax returns?

In general, a parent involved in a child support case may be asked to provide financial information, and tax returns are one common type of document that might be requested. That does not necessarily mean an ex can deman...

IL - Illinois

What are my rights if my spouse emptied our savings account right after I asked for a divorce?

In Illinois, the fact that a spouse emptied a savings account soon after a divorce request can raise serious legal issues, but the legal effect depends on who owned the account, where the money came from, and what a cour...

GA - Georgia

How do I change alimony after I lost my job and my severance runs out next month?

In Georgia, a recent job loss and the end of severance pay may be reasons to ask the court to modify alimony, but they do not automatically change the obligation. In general, a court may look for a material change in you...

TN - Tennessee

What are my rights if my spouse is threatening to take the kids out of state?

If your spouse is threatening to take the children out of state, your rights usually depend on whether there is already a custody order, whether the parents are married or separated, and whether the move is temporary or...

MA - Massachusetts

How do I protect myself if my spouse is using our joint credit card after separation?

If your spouse is using a joint credit card after separation, the main issue is that both cardholders may still be responsible for the account balance, depending on the account terms and the facts. In general, separation...

WY - Wyoming

Can a court divide cryptocurrency wallets if only one spouse knows the password?

In Wyoming, a court may be able to treat cryptocurrency wallets as marital or divisible property in a divorce, even if only one spouse knows the password. The fact that one spouse controls the login information does not...

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