Divorce Legal Answers

How do I reverse a default order against me?

My wife is seeking a divorce against me and has filed paperwork with the Court in Miami. We are both from the Philippines and I was back there visiting with my family when she filed. Apparently she lied to the court and told them that she had served me with the paperwork because when I returned from my trip, I received a “default order” in the mail. It says that the case is proceeding to court because I failed to respond to what my wife filed. I didn’t even know she had filed anything until I got back from the Philippines and she never gave me notice of anything. No sheriff or anyone else ever served me with anything, either. What do I need to do to get this order of default thrown out and be able to participate in the divorce case? I don’t agree with what she wants and I need to defend myself.

Miami, FL

Mar 15, 2021

Can I get a divorce and child support in the U.S.?

We were married in the Philippines but moved to the U.S. shortly after. Our children were born here in the states in Chicago. I now want a divorce due to mental cruelty of my husband to me and my children. I don’t know if we ever registered our marriage here. Can I get a divorce and child support here or does it have to be through the Philippines? I need to know what my rights are. How will child support be calculated for my children?

Chicago, IL

Mar 15, 2021

Do you need a divorce to end a common law marriage?

I’ve been living with my girlfriend for almost 10 years. Things are not going well even though we’ve been going to counseling and I am considering ending the relationship. We live in Dallas and I know common law marriage can be a legal marriage in Texas. I was never concerned about it because I never thought we’d break up. We didn’t get officially married because she would have lost the retirement payments she got from her ex-husband if she remarried. I put her name on my house and we own other property together. If I do decide to leave the relationship, do I need to get a divorce in order to deal with the division of our property if she and I can’t agree? I suspect that if I tell her it’s over, she will make things very difficult and not want to settle things with me without involving court.

Dallas, TX

Mar 15, 2021

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