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Questions Answered by Beverly L. Cohen
1 Answer | Asked in Family Law for Georgia on
Q: My 15 yr old son forgot to change pants and accidently took 2 pocket knives to a ball game. Do I need a lawyer. D.T.
Beverly L. Cohen
Beverly L. Cohen
answered on Nov 5, 2012

Yes. I would advise you to seek the advice of an attorney.

1 Answer | Asked in Family Law for Georgia on
Q: 15 yrm boy was threatened after court.man told him he would cut his throat if he told anything on him.he wants mom

Mom let son go stay with dadwhen released from prison awhile.dad promised that if was sent back to prison that the son could go back to his mother,dad didnt keep promise..now battleing in court dads mom to get son back..out of money,, pay child support mom gets no visitation..why not and can this... View More

Beverly L. Cohen
Beverly L. Cohen
answered on Nov 5, 2012

More information is needed to give a more definitive answer. Parents have a primary right to custody of their children. A judge has authority to award custody to a third person such as a grandparent but the judge must first find that neither parent is fit to have custody. The judge must have found... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can a cheerleading and dance team, demand money from me. If they embrassed my daughter, and I pull her from the team.
Beverly L. Cohen
Beverly L. Cohen
answered on Nov 5, 2012

More information is needed to answer your question. Why is the team demanding money from you?

1 Answer | Asked in Family Law for Georgia on
Q: Attempting to keep my daughter on health insurance but the mother refuses to give me her ss#. How do I petition?
Beverly L. Cohen
Beverly L. Cohen
answered on Nov 5, 2012

If there is a court order requiring you to provide health insurance for the benefit of your daughter, the mother can be required to give you her SS#. If she refuses, you can file a motion for contempt to force her to provide the SS#. If there is no court order, you have no obligation to provide... View More

1 Answer | Asked in Divorce for Georgia on
Q: What is the best way to show a long history of abuse and intent to deprive a spouse of assets through fraud?

My abusive husband has gone to great lengths to deprive me of assets. Bankrupcy fraud, fraudulent conveyance of property,use of alias , creating financial burdens,harrassment etc...

Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

For any incidents of physical abuse, document the incidents by writing about them. Include the conduct that led up to the abuse and describe what happened. If you do not remember the exact date of an incident, include a time frame. Also include the names of any witnesses, any pictures you have,... View More

1 Answer | Asked in Divorce for Georgia on
Q: In GA, does a 15 year-old have to visit with a non-custodial parent who has visitation rights in the divorce decree?
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

Yes. However, the court can consider the reason a child does not want to visit. If the reason is because the child would rather be doing something else or is bored at the non-custodial parents house, a judge is not going to approve a child’s refusal to visit. On the other hand, if the reason... View More

1 Answer | Asked in Divorce for Georgia on
Q: How do I enforce a divorce decree requiring my ex to pay for college for married son? No limits on age, marital status in decree

My son was in service academy and ex paid 60% of expenses. I became ill with cancer, my son came home and had an emotional response to my illness, marrying a girl for about 2 months (then divorced, very uncharacteristic of him). He returned to college and has been in college for 2 years. There... View More

Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

If your divorce was in Georgia and your former spouse voluntarily agreed to pay any portion of your son's college education, the provision can be enforced by filing a motion for contempt in the same county where the divorce was granted. However, before filing a contempt action, I advise you to... View More

1 Answer | Asked in Divorce for Georgia on
Q: I divorced a military man was awarded half of his retirement pension

Can I now apply for mental health benefits under SSI? If so, how?

Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

Applying for SSI has nothing to do with anything you were awarded in the divorce. To apply for SSI, I advise you to consult with an attorney who specializes in filing SSI claims.

1 Answer | Asked in Divorce for Georgia on
Q: What is the maximum time allowed between the notarized signing of a non-contested divorce and filling with the court ?

The parties are separated, and live in Jones County.

Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

More information is needed to answer this question. What is the name of the document you are talking about and how much time has passed since the document was signed and notarized? Generally there is no time limit for filing notarized documents related to a divorce but are you talking about time in... View More

1 Answer | Asked in Divorce for Georgia on
Q: Is adultery grounds for full custody in a divorce?
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

No. Adultery has no bearing on which parent is awarded custody.

2 Answers | Asked in Divorce for Georgia on
Q: Divorced in one country, remarried and divorced again later in another. Does the original decree stand?

If divorced a second time to same woman but in a different county than the first divorce in GA, does the first divorce decree (to that same woman) stand from a different county?

Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

More information is needed to fully answer the question such as why, at this juncture, the original divorce decree is an issue. The only issue that may still stand is any unpaid child support that was due under the previous divorce decree. My advice is to consult with an attorney.

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1 Answer | Asked in Divorce for Georgia on
Q: In Georgia, can I request a jury trial in my divorce?
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

In Georgia, you can request a jury trial in a divorce. However, a jury is only authorized to decide the monetary and property issues such as alimony, child support, and division of property. The judge still gets to decide all issues related to custody and visitation as well as make an award of... View More

1 Answer | Asked in Divorce for Georgia on
Q: When a married couple goes thru divorce and a child custody is set for joint. Can the parent move out of state?
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

No law in Georgia prevents a parent from moving out of state, however, whether the relocating parent can take a child with them depends on a number of factors.

The most common type of joint custody is joint legal custody with one parent being designated as the primary physical custodian....
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1 Answer | Asked in Divorce for Georgia on
Q: Once I have filed for the divorce, does it appear in the local newspaper legal section & if so, how soon?
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

The answer is that it depends but generally the answer is no unless the defendant’s whereabouts are unknown. Every county in Georgia has a newspaper that is designated as the newspaper for publishing legal notices that are required by law to be published. Sometimes a legal newspaper for a... View More

1 Answer | Asked in Divorce for Georgia on
Q: Who is the affiant in an uncontested divorce with no children?
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

An affiant does not apply only to an uncontested divorce with no children. An affiant is anyone who makes and signs an affidavit. In the context of a divorce, the person who files the complaint must sign an affidavit (sometimes also called a verification) swearing that all of the facts stated in... View More

1 Answer | Asked in Divorce for Georgia on
Q: How does the divorce law work in Atlanta
Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

The same divorce laws apply to every county in Georgia and not just Atlanta. The answer to your question is also far more involved than what can be addressed here. However, I do teach a seminar, “What You Need to Know Before You File for Divorce”, that I’m sure will address all of your... View More

1 Answer | Asked in Divorce for Georgia on
Q: Why is the money I took from joint account considered payment on debt by ex and what he took is a GIFT from me?

His lawyer says that anything I took from the joint checking account is considered payment on his debt, even though it was money I earned. Anything that he took would be considered a GIFT from me to him. WHY can't the amount I took be considered a GIFT as well. He has no documentation stating... View More

Beverly L. Cohen
Beverly L. Cohen
answered on Oct 18, 2012

The more important issue is what your attorney says. If you do not have an attorney to represent your interests, you need to get one. Just because your husband's attorney tells you something does not mean that it is true. The only way to protect your interest is if you have your own attorney.

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