Legal Questions and Answers

Read legal questions and answers from experienced Polish lawyers and legal professionals.

Will a court award alimony to a husband in a Virginia divorce?

After 15 years of marriage my wife has told me she wants a divorce. I believe she has been unfaithful to me but I cannot prove it. For many years now, she has earned more money than me because I stopped my career to be at home more with our children when her career became more demanding. My employment field has changed dramatically and I would not be able to simply go out and get the same type of job I used to have. I would need additional training and possibly more schooling to get back to the pay grade I had before. We live in Richmond, will judges here actually award alimony to the husband? If they will, what factors will a judge consider when determining whether and how much to grant?

Richmond, VA

Mar 15, 2021

Can my child be forced to testify in court about child abuse?

My son’s mother was physically abusive to him to the point of leaving bruises which were seen the next day by his teacher at school. She reported it and my son’s mother has been criminally charged with physical child abuse. She pled not guilty and a trial has been set. We have not heard from the state prosecutor yet regarding what my son’s role in this trial will be. He is terrified of his mother and does not want to face her in court. He’s 10 years old, can a judge require him to appear in court and testify against his mother about the abuse? I am afraid of the mental damage this would do to him if he has to do this.

Charlotte, NC

Mar 15, 2021

Will a prenup protect property in another country?

My fiancé and I are both from Poland and I own a significant amount of property there, some of it in my own name and some of it with my family. My family is very concerned that if my marriage does not work out, my wife will be entitled to a portion of both my property and the family properties. They want me to obtain a prenuptial agreement to ensure the properties are protected in the event of divorce. Will a prenup executed in the U.S. protect my properties in Poland? Would the agreement need to be enforceable in Poland? I also need to find a Polish lawyer who can help me with these issues.

Washington, DC

Mar 15, 2021

Is drug abuse a grounds for divorce in Tennessee?

I’ve been married to a drug addict for 3 years. When I met and married her, she was in recovery and staying away from drugs. About a year ago she started using again and I’ve tried in every way to help her but she won’t stop. I’m done trying and I want out of the marriage. She hasn’t cheated on me or been abusive, and as of now, we are still living together because I can’t afford yet to get my own place. Is drug abuse a legal grounds for divorce in Tennessee? I want to know if her drug use is a legal reason for me to leave the house and end the marriage.

Memphis, TN

Mar 15, 2021

Will a court consider my expenses when setting child support?

My ex got a big promotion and moved with our kids to a part of New Orleans where the standard of living is very high. I get a lot of visitation with them and I didn’t want to lose it by being far away so I recently moved to be closer to them. I now pay much more for rent, food, and living expenses. She is taking me to court to try to increase child support because I’ve recently found a better job too. However, I’m not bringing much more money home than before because of the increased cost of living. In this child support hearing, will a judge consider that she moved my kids and I had to move as well if I wanted to keep all my visitation, and that it made my living expenses go up significantly? Or is the court just going to look at my gross income?

New Orleans, LA

Mar 15, 2021

Is withholding medical care considered child abuse?

My son’s mother and I have shared custody of him. Over the last year my son has started acting out in school and at home. He is aggressive and can’t focus on anything. His pediatrician recommended that he get tested for ADHD and wanted to prescribe him some medication to see if it would help. He also recommended our son get counseling before these issues get worse. His mother refuses to consider any of this. She believes the doctor and I just want to medicate our son so he’s easier to control. Is her refusal to follow the doctor’s recommendations and allow medication for our son considered child abuse? If it is I want to pursue charges against her and get my son the help he needs. If it is not, is her refusal enough for me to gain full custody so I can make these decision for him and not be blocked by her?

Cleveland, OH

Mar 15, 2021

Am I responsible for my wife’s debts if we divorce?

My wife and I have been married 10 years and I have decided to pursue divorce. Part of the reason for the divorce is that she spends excessively and has incurred significant debts. I’ve tried to get her to stop but she won’t. She started hiding purchases from me and her credit card bills so I don’t know the total amount of the debt she has. Some of it was put on our joint credit cards before I realized what she was doing and closed those accounts. At one point she took one of my cards without my knowledge and charged on that. In the divorce, how will a judge determine a division of the debts? Could I be held responsible for any of the debts she’s incurred, even if I can show that I didn’t approve any of those purchases or give permission for her to use my credit card?

Raleigh, NC

Mar 15, 2021

Can you back out of an uncontested divorce?

I filed for an uncontested divorce a few months ago, which my husband agreed to. We both signed all the paperwork and just appeared in court for a divorce hearing. The judge told us he would be sending us a final divorce decree within thirty days. After the hearing, my husband and I both had bad feelings about following through with the divorce and want to try to reconcile. We have agreed to see a marriage counselor. Is there anything we can do now to back out of the uncontested divorce? We haven’t received the final decree yet. If we do receive it in the next few days, is there any way to withdraw it or appeal it if we both tell the court we no longer want a divorce?

Detroit, MI

Mar 15, 2021

Do we need to do an adoption in both U.S. and Poland?

My wife and I very much want a child and have been unable to have any. We are both Polish and have decided to adopt a child from an orphanage in Poland. We need to understand the U.S. laws and the Polish laws relating to this adoption. First, do we need to do an adoption in both the United States and in Poland? Second, how do we obtain the services of an attorney who is experienced in both U.S and Polish law? We want to make sure that we are fulfilling all the necessary requirements and that the adoption goes through as quickly as possible.

Seattle, WA

Mar 15, 2021

Can we use a prenup to address marital responsibilities?

My fiancé and I are getting married and I am considering asking for a prenup. I was married once before and after marriage, my spouse did not fulfill any of the promises she made to me before the marriage about how we would maintain our house, the raising of any children, how bills would be paid, etc. I don’t want that to happen again and I want it to be clear before we marry what I will be responsible for and what she will be responsible for during our marriage. I know a prenup generally protects things if the spouses divorce, but can it be used to define marital responsibilities throughout the marriage?

New York, NY

Mar 15, 2021

How do I get my baby back from Social Services?

I recently had my baby and the hospital said there were drugs in his system. I was using during part of the pregnancy but I’m clean now and have signed up for a treatment program. They say they have the right to take any baby who is born testing positive for drugs. He’s in foster care now and I only get a one hour supervised visit each week. I need to know what to do to get him back from foster care. I need a lawyer who understands the Baltimore Department of Social Services system and who can aggressively fight for me. I would prefer a Polish lawyer as that is where I am from and I still prefer to communicate in Polish whenever possible. My baby is the most important thing in the world to me and I’ll do whatever it takes to defend my rights to him.

Baltimore, MD

Mar 15, 2021

Are my child support payments tax deductible?

My husband and I recently divorced and I was ordered to pay child support for our two children, who will be living primarily with him and visiting with me. I am self-employed and I itemize all of my deductions on my tax returns. I have been told that in some cases, child support payments may be deductible. Are these payments deductible in Florida and if so, is there a limit to the amount of the deduction? If I can deduct them, is there some specific way I have to make the payments to get the deduction, such as paying them directly to the Miami child support office?

Miami, FL

Mar 15, 2021

Can we make an adoption contract with the birth mother?

We are working with an adoption agency in Oklahoma City and they have located an infant for us to potentially adopt. The birth mother says she will not consent to the adoption unless she has a written agreement from us that we will allow her some contact with the baby after the adoption is finalized. She would like a couple of visits each year and possibly more as the child gets older. She also wants us to provide her with updates on the child, including things like school report cards and photographs. We are not completely opposed to this but we don’t know what the Oklahoma law says about this type of an agreement. Are we legally able to enter into a visitation type of contract with the birth mother? If we are, what should be included in the contract?

Oklahoma City, OK

Mar 15, 2021

How is property divided in a Georgia divorce?

After 19 years of marriage my husband and I are divorcing. He has already filed for the divorce and I am trying to determine if I need a lawyer to help me with the process. We have acquired a lot of property over the course of our marriage, including our home, several rental properties, some investment accounts, and several antique vehicles. If we cannot agree on how to divide everything, what things will a judge consider to determine how to divide this property between us? Will the fact that we’ve been married almost twenty years matter? Is it recommended that I have a lawyer for this process if we do have to go to court? I am Polish so if I do need a lawyer, I want to retain a Polish lawyer to represent me.

Atlanta, GA

Mar 15, 2021

Can I hire a lawyer to review a prenuptial for my fiancé?

I am getting married in a few months and I want a prenuptial agreement to protect the business I have owned since I got out of college. My fiancé has agreed to sign such an agreement but does not have the money on her own to pay for a lawyer. I have read that it is best for the intended spouse to have a lawyer review the agreement before they sign it. I’ve drafted the agreement and now I want to hire a Polish lawyer to review it for my fiancé, whose first language is Polish. I live in Houston, does Texas law permit me to hire and pay for a lawyer for her? If the marriage were to not work out, I don’t want her coming back later to say that the lawyer wasn’t looking out for her best interests because I paid the lawyer.

Houston, TX

Mar 15, 2021

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