Family Law Blog

Can a Divorce Be Stopped Once Filed?

Thursday, August 22, 2019

woman looking at paperwork

Once the divorce papers are filed, it seems very final, but in truth you still have a long way to go towards finally being divorced. As long as there has not been a final divorce decree issued by the court, you can still take that action back. You may decide that you acted in the heat of things or worked out some issues with your spouse. You as a couple could have also decided to stay together for the children. Whatever the case, you may still be able to take back a divorce filing once it has started.

The earlier you take action, the easier it will be to take back divorce filing. If you are already in court, it may be more difficult, but your lawyer can help make it happen. Most commonly, however, divorce filings are dissolved within the first few weeks of filing it. This can be done, in some states, via a form from the internet. However, the filer will probably want to go to the clerk where the divorce was filed.

Once there, they can ask it to be revoked, in which they will need to fill out the proper form that the clerk will provide. Once this is done, some states may require that the spouse that didn't file is served with a copy of the divorce dismissal. They will send this on your behalf to make sure they get it. If the spouse does not agree, then they are free to file for divorce instead.

While having a divorce filing revoked is somewhat rare, it can happen. If you want to revoke your divorce filing, even if you don't think you can, you should contact us today. The Law Office of Jamra & Jamra can help you walk through every step of divorce, including undoing the initial proceedings if necessary.

Obtaining Custody as an Unmarried Father

Thursday, August 15, 2019

father and daughter

Unfortunately, if a father is not married to the mother of his child, he doesn't come with the same inherit parental rights. In many cases, parental rights between two unmarried people are worked out away from the courtroom, but this doesn't mean they are legally binding.

If you are an unmarried father, you need to take steps to get your legal rights. The first course of action is for both the father and mother to sign the birth certificate. Once this happens, you will legally be entitled to parental rights.

If the mother refuses to put your name on a birth certificate, unfortunately, you will need to go to court. You can file with the court to have an official paternity test done. This will make your paternal rights legally binding. After paternity is officially established in the eyes of the court, the father can then seek to have custody of their child. In most courts, they believe in having two parents in a child's life. Unless the mother can prove that the father would provide a somehow dangerous environment, at very least visitation will be granted.

Unfortunately, if you don't wish to go to court and a mother will not sign acknowledgment of paternity, then there is not much you can do without legal intervention. Unless you go to court, it means both you as the father and your family will have no legal rights to visitation of your child.

If you are an unwed father and want to be in your child's life, contact us today. The family law system often seems greatly unfair to fathers, but that is not the case if the father is willing to go through the court system for their rights. The courts always consider the best interest of a child, and often that means having a relationship with both parents.

What to Do When Paternity is Filed Against You

Friday, August 09, 2019

man signing papers

For some men, there may come a day when they are served with a court summons to establish paternity. If you have not signed a voluntary acknowledgement of paternity, then a woman can go through the courts to establish it formally through the court with a DNA test. If you have signed the acknowledgement, then you may also be served with papers demanding support for the child financially. Regardless of what you have been served with, what should your next move be when this happens?

When you are served, your first action should be to actually read the papers to discover what they want. They may be calling you in for a paternity test or they may be demanding child support. These are two different matters that require different approaches. However, the most important part of both is the time in which you have to give your answer. The complaint will be numbered and you need to either agree or deny each part of it. Unfortunately, you have a rather narrow time frame to do so. This is where your next action comes in.

After a complaint has been served to you, next you will want to get in contact with a family law attorney as soon as possible. Your lawyer can help you formulate a reply to the complaint and explain what each answer means. For example, agreeing to test paternity could also mean paying child support if it turns out to be true. Your lawyer will advise you on how best to answer for the outcome that you want to happen.

If you have been served with paternity or for any other family law matters, contact us today. The Law Office of Jamra & Jamra is dedicated to helping you get the outcomes you want so you can do what is best for your family.

Can You Get a Divorce When You Cannot Find Your Spouse?

Thursday, August 01, 2019

woman meeting with female divorce lawyer

Just like a marriage, it often takes two to make a divorce happen. One party files for divorce and the papers are served to the other party. They have a set time limit to respond to those papers. If they fail to respond, a default judgment can be issued giving the filing spouse everything they asked for.

However, this is only the case when the papers can be served to the other party. They have to reach their hands for that default judgment clock to start. So what happens when you can't find them? In truth, a default judgment can still be achieved even if you can't find your spouse. However, every measure has to be taken.

One of the best ways is to hire a private investigator to track your spouse down to ensure the papers are served. However, if that doesn't work you can also pursue an Order of Notice by Publication. In this avenue, you publish the notice of divorce in a newspaper in the last known area of your spouse. It runs for three weeks and if no response has been given, the divorce can then progress towards a default judgment.

 Your lawyer will need to detail that all diligent efforts were performed to see those documents served and that no response was given. Only afterwards will a judge grant the divorce and issue all that was asked for. Obviously if your spouse is missing, there may also be funds missing as well, but this will solve issues like custody and will break you from legal marriage so you can move on.

If you are moving towards divorce or any other family law matters, contact us today. The Law Office of Jamra & Jamra is dedicated to helping settle complicated family law matters quickly and helping you get the results that you need.