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You're welcome. I hope you're doing well Shannon!

Yes, you can get an uncontested divorce. You will have to submit the following forms: Summons (JD-FM-3) Complaint (JD-FM-159) Appearance (each of you have to file this) Waiver of Service (JD-FM-249) Notice of Automatic Orders (JD-FM-158) Dissolution Agreement/Separation Agreement Financial Affidavit (JD-FM-006) (each of you have to file this) Request for Approval of Final Agreement (JD-FM-282) Affidavit in Support of Request for Entry of Judgment (JD-FM-281) (each of you have to file this) Immigration status shouldn't impact your ability to get a divorce; however, a divorce could impact immigration status, so you should consult with an immigration attorney as to whether or not filing or finalizing a divorce will have any immigration implications. I wish you the best of luck!

@@dolandivorcelawyerspllc7203 thank you 😊

Hi Liz. No, you do not include the child support payments in your current income.

@@dolandivorcelawyerspllc7203 Thank you so much!

Hi Jeff. For a lis pendens to be in place it has to be recorded on the land records. If the search site indicates there is a lis pendens, I would think there is one. Maybe check with the town clerk to see if they can identify whether or not there is a lis pendens on the property? I hope that helps. Good luck!

@@dolandivorcelawyerspllc7203 okay, thanks. They also said they search mortgage data and court data. I was wondering if it was not recorded electronically in the land records yet. I'll try calling, thanks.

The cost depends on the complexity of your case. You can schedule an initial call with one of our attorneys by clicking the following link. www.calendly.com/dolancall - That attorney will be able to discuss costs as well as the details of your case with you. We look forward to speaking with you!

Hi Thomas. Yes, I will make a video and a link here when it is done.

Hi Thomas. I have created the video. It isn't on RUclips yet, but you can view it by clicking the following link: www.loom.com/share/3077b337045f4879b014560e63d9345d?sid=af2a4b77-3a70-4270-a6b9-c2e65a1b5c6d

Hi Daynasha. Unfortunately, that would not be considered a change of circumstance that would result in increased support from the parent of your first two children, as the father of the child you are expecting would be responsible for the new/extra support costs you will incur in connection with the child you are expecting.

You're welcome. I'm happy to hear that you found the video to be helpful!

@@dolandivorcelawyerspllc7203hello! I wanted to provide an update! Thanks to your videos and well the internet and lots of law library books, I was granted counsel fees today. Just called and left you guys a message. Thank you so much!!

Hi Daynasha. You would just need to file a motion similar to what I included in the video. You can download a copy of the sample motion from our website by visiting the "videos" tab at dolanfamilylaw.com

Hi Tricia. Under the parentage petition, the magistrate court will order child support right after paternity is adjudicated under the same action. That petition can only be filed by the mother so it only is used to then get a child support order. I hope that helps!

Hi Cece. This video deals specifically with requests to reopen evidence after evidence has closed at the conclusion of a hearing or trial. I have created separate videos that you can review which discuss hearing/trial procedure as well as trial/hearing management compliance which must be submitted in advance of trial.

Hi Cece. A judge will almost always have a hearing to determine whether or not to grant or deny a motion in limine. It is unlikely that the judge would just rule one way or the other based on what is contained in the written motion.

@@dolandivorcelawyerspllc7203 thank you for clarifying! You may have done this already but would you possibly be able to do a video for what happens during an evidentiary hearing? I have to say your videos have helped me a lot in terms of understanding the legal system circus so I just want to say, thank you for making this content! I am definitely watching the videos so keep them coming!

@@ceceparra See the links below. I am happy to hear that the videos are helping you! Trial of Hearing Procedure: ruclips.net/video/3yK8mzozcWs/видео.html Trial Hearing Compliance Documents: ruclips.net/video/KYo7Xn5PHCA/видео.html

Hi Cece. I'm happy to hear that you found the video helpful. The likelihood of success really depends on the judge and the particular circumstance. And yes, Motions to Quash are often used by counsel for medical professionals.

Hi there! Unfortunately, the laws vary significantly from state to state, so I wouldn't be able to provide any advise as to how your case should be handled in New Jersey. I wish you the best of luck!

Hi there! Unfortunately, I really don't know how the court in Tennessee would handle this situation. The laws vary significantly from state to state, so you would really need to speak with an attorney in your state about how you should handle the situation. I wish you the best of luck!

@@dolandivorcelawyerspllc7203 Thanks for the response. I have no attorney. I am the pro se litigant. Another TN Attorney told me it would be admitted unless the court gave him another chance. I'm just trying to predict any objections the opposing attorney would make. The Tennesssee Rules of Civil Procedure state, " Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon the defendant."

​@decoyaardvark2828 If they don't answer, it's deemed admitted. Period. I would file a motion to compel with a Good Faith Certificate (Reminder/nudge to party refusing to answer), then file a Motion for Default Judgment pointing to everything deemed admitted. If the court still ignores your motions....everything is filed on the record which preserves the record for Appeal.

Thank you for your comment Cece. Yes, I will put this in my queue of videos to make!

Hi there. I'm not sure I fully understand you question, but It would not be a good idea to transfer any real estate via quitclaim immediately prior to a divorce action. It would be more sensible to negotiate any real estate transfers once the divorce is pending.

Hi there. On a motion for exclusive use of a property, the court will likely take into consideration the financial resources of the parties. However on a protective order, the court is unlikely to take into consideration the financial resources of the respondent in determining whether or not to grant a protective order.

Hi there. After the case is filed the first court date that is assigned will be what is called a Resolution Plan Date. If the Defendant doesn't file an appearance by that date and you want to finalize the divorce without the Defendant, you should file your own financial affidavit and proposed orders indicated what you want to happen with alimony, custody, child support, division of assets, etc. Depending on the courthouse you are in and the judge you get, the judge may finalize the divorce based on your proposed orders on that first Resolution Plan Date, or the judge may assign an additional date giving the Defendant one more change to appear in court before they finalize the divorce. If the Defendant doesn't show up at that second court date, the judge will likely finalize the divorce based on your proposed orders. I hope that helps!

You're welcome!

Hi there. What will happen will depend on additional facts of your case. I'd suggest you call our office and speak with one of our intake attorneys to discuss your situation in more detail. Sorry I can't be more helpful here, we just need to know more.

@@dolandivorcelawyerspllc7203 There are no additional facts.

Hi Ven. I'd be happy to try to answer any questions if you're able to be more specific.

@dolandivorcelawyerspllc7203 yea, I can't really afford a lawyer or a big divorce, but I have spoken to my wife, and she is willing to an uncontested Divorce and will let me keep the house. I have a kid but not with her, and she has about 4.5 years left in school. What forms do I need? I'd like to get this done online in 30 days.

@@VeniFettiVici You will need to submit the following forms... If the case has not yet been filed, you have to fill out the following forms: JD-FM-003: Summons JD-FM-159: Complaint JD-FM-158: Notice of Automatic Orders JD-CL-12: Appearance You should take all of those completed forms to the courthouse clerk's office for review and approval. After the clerk approves them, you should arrange for your wife to be served (the clerk can give you a list of Marshals). Or, if your wife is on board with the process, your wife can fill out JD-FM-249, Certification of Waiver of Service of Process, as well as her own completed appearance form (JD-CL-12). In order to finalize the case by agreement, you should write up a final divorce agreement (I have a separate video on this channel which shows how to do that), and also complete and submit the following forms: JD-FM-006: Financial Affidavit (you and your wife will each have to fill out separate financial affidavits) JD-FM-282: Request for Approval of Final Agreement JD-FM-281: Affidavit in Support of Request for Entry of Judgment (you and your wife will each have to fill out separate forms) If you submit all of these forms, a judge can review and hopefully approve your agreement without you having to appear in front of a judge. Also, if you go to the courthouse, the clerk or somebody in the Court Service Center should be able to help you with the forms. I hope that helps, and I wish you the best of luck!

@dolandivorcelawyerspllc7203 you are the goat! Another question, should I wait after the divorce to file a quitclaim deed? I watched your video on that but wanted clarification.

@@VeniFettiVici Correct. You wait until after the divorce. One more thing. Online reviews are super important to our business. I'd really appreciate it if you could leave an online review if you're comfortable doing so by clicking the following link: g.page/r/CSTt43KH1Og-EBM/review - 🙂

Hi there. I'm not sure I understand your question. Can you be a bit more specific as to what you're asking? Thank you!

Hi Minnie. You should file any hearing compliance in advance of a hearing/trial. This should include your list of proposed exhibits. I hope that helps!

@@dolandivorcelawyerspllc7203 immensely. Much appreciated!!!

Hi there. Yes, if somebody is trying to reopen a judgment based on a lack of mental capacity, it is very possible that they would present an expert to testify to the fact that that person didn't have a clear mental capacity at the time the case went to judgment. I hope that helps!

Whatever the dispute between your spouse and her lawyer that prompted the motion to withdraw must have been resolved. They may have had a disagreement about how the case should be handled, which led to him filing the motion to withdraw, and then they may have resolved their differences leading to him withdrawing his withdrawal. It is also possible that he filed the motion to withdraw due to unpaid legal fees, and withdrew the withdrawal once the fees were paid.

@@dolandivorcelawyerspllc7203 She is driving up the costs of the divorce. She is being funded by her wealthy parents who hate my guts. So, I don't think it is unpaid legal fees. I think she and her lawyer tried to trick me into getting upset that he withdrew. Now, she, her parents, and her lawyer are getting ready to sue me. I've lost everything. I loved her for 24 years. Then, she went to her sisters and the two of them concocted an OP, sobbed in court, got me ejected, took my children, and now they're taking my house and all of my savings. I did not know that for 24 years, she was still in love with her high school boyfriend. I have to start over, completely broke, at the age of 56 with no marketable skills. I should never have gotten married.

Hi there. If your spouse's lawyer withdraws before the divorce is resolved, she will have to either obtain a new lawyer, or file an appearance to represent herself. I wouldn't be too concerned about that lawyer suing you. The motion to withdraw likely has more to do with the lawyer's relationship with his or her client (your spouse).

@@dolandivorcelawyerspllc7203 Well, it's possible he withdrew so that he and my spouse and her family could start suing me. He is sensing a conflict of interest. If she easily finds another lawyer, I am toast. My life is ruined. I should never have gotten married or had kids. This life is not for me.

Hi There. Thanks for your message. The sooner you can get your discovery request filed the better. I wouldn't wait. I wish you the best of luck!

Hi there! I'd suggest that you file a Motion to Open Evidence. Here is a link to a video that explains the process: ruclips.net/video/vSXgAOzEBRo/видео.html - You can get the sample motion from the Videos section of our website, dolanfamilylaw.com - If that doesn't work, then yes, file a motion to modify right after you receive the decision. I'm happy to hear that you find our videos to be helpful. I wish you the best of luck!

Hi Cynthia. The cost will depend on the complexity of your friend's situation. He or she should reach out to our firm to discuss!

Hi Tricia. Yes, you can ask that your now current husband cover the children. Realistically, I think the court is probably more likely to order the more cost effective plan. However if the father is willing to pay for the premiums, the court may order his insurance over your now current husband's insurance policy, as it isn't likely to cost you anything extra.

You're welcome!

Hi Shansharai. Yes, you can continue to own the property with your spouse paying the mortgage, however that is not the norm. In most situations the person who is keeping the home will refinance in order to remove the other party from the mortgage obligation (assuming they were on the existing mortgage). It is also more common to have one spouse pay child support or alimony, after which the person who receives the support uses those funds to pay the mortgage; that is a more common alternative to an order that the person who isn't retaining the house directly pays the mortgage of the person who is retaining the house. I hope that helps!

Hi Anthony. Absolutely. You and your spouse will have to fill out the following forms: 1) Summons - JD-FM-003 (to be filled out by the plaintiff) 2) Complaint - JD-FM-159 (to be filled out by the plaintiff) 3) Notice of Automatic Orders - JD-FM-158 4) Blank Appearance form - JD-CL-12 5) Completed Appearance form - JD-CL-12 (to be filled out by the defendant) 6) Certification of Waiver of Service of Process - JD-FM-249 (to be filled out by the defendant) 7) Affidavit Concerning Children - JD-FM-164 (can be filled out by either party) 8) Financial Affidavit - JD-FM-006-LONG (separate form to be filled out by each of you) 9) Child Support Guidelines Worksheet - CCSG-1 (can be filled out by either party) 10) Request for Approval of Final Agreement - JD-FM-282 (has to be signed by both parties) 12) Affidavit in Support of Request for Entry of Judgment of Dissolution of Marriage or Legal Separation - JD-FM-281 (separate form to be filled out by each of you) 13) Motion to Waive Statutory Time Period - JD-FM-247 14) Advisement of Rights re: Income Withholding - JD-FM-71 (has to be signed by both parties) 15) Divorce Agreement (has to be signed by both parties) My main point of advice is that given the relative financial complexity of your divorce (the fact that there are multiple pieces of real estate, potential alimony, vehicles, etc.), you should have an attorney draft, or at least review your final divorce agreement, financial affidavits and child support guidelines. There is a court divorce agreement form JD-FM-172, however there are certain essential items that are not included on the form. The last thing you want is to have to come back to court months or years in the future to fix a potential error. We are of course happy to help with the drafting and/or review of these documents if you would like to contact our office. I wish you the best of luck. Let me know if you have any other questions.

Hi Terri. You can still go forward with the request for sanctions, however that request is unlikely to be granted unless the violation is very egregious (for example, the judge specifically told the opposing party multiple times that they have to produce discovery by a certain date, and despite that warning they failed to provide the documents by that date).

You're welcome! Thank you for the feedback!

I'm happy to hear that you found the video helpful!

Hi Tricia. That is quite the request. I've never heard of such a thing. I would object based on the following: "The Plaintiff/Defendant objects to this request on the grounds that it is vague, overly broad as to time and scope, unduly burdensome and oppressive, not reasonably calculated to lead to the discovery of admissible evidence, intended to harass, requests documents not within the Plaintiff/Defendant’s access or control, and requests documents within the Plaintiff/Defendant’s access and control."

Thanks for the feedback Rich. I'm happy to hear that you found it helpful.