Questions Answered by Paula McGill

2 Answers | Asked in Family Law for New York on Aug 27, 2012

Paula McGill's answer
File the summons and complaint. Keep a record of how you attempted to find your spouse Thereafter, file a petition with the court to serve by publication.
 
 

2 Answers | Asked in Divorce Law for New York on Nov 19, 2012

Paula McGill's answer
You didn't state why you wanted a divorce. Therefore, I assume it will be no fault divorce. Under New York no fault, the marriage needs to be broken for 6 months or more. You should seek the advice of an attorney to determine if you can handle it ...
 
 

1 Answer | Asked in Family Law for New York on Nov 10, 2012

Paula McGill's answer
She should file a contempt action with the court who issued the visitation order. In the petition, she should request make up time for the weekends she missed.
 
 

1 Answer | Asked in Probate for New York on Nov 14, 2012

Paula McGill's answer
They can challenge the will. However, if your aunt was of sound mind when she signed the will and the other formalities were complied with by your aunt, the challenge should be unsuccessful.
 
 

1 Answer | Asked in Animal / Dog Law for Maryland on Nov 18, 2012

Paula McGill's answer
If the neighbor sues, you need to file a counterclaim. Anyone can sue. You will need your neighbors as witnesses to the event.
 
 

1 Answer | Asked in Employment Discrimination for Maryland on Nov 20, 2012

Paula McGill's answer
The information you supplied is not enough to determine your chances of surviving the motion's hearing. He may need additional information from the parties that are not in the motion or response. It is difficult to speculate.
 
 

1 Answer | Asked in Family Law for Georgia on Nov 12, 2012

Paula McGill's answer
This should be resolved in the divorce before she moves. You should retain an attorney to protect your interests. You can seek custody of the child to keep him in Georgia. Even if you lose that petition, your visitation should be established based upon ...
 
 

1 Answer | Asked in Child Custody for Georgia on Nov 13, 2012

Paula McGill's answer
What is your question? If she filed for divorce, you need an attorney to represent you. Custody, child support, and property divisions are at stake. Obviously, she has planned ahead. However, you might be able to bring the case back into your state if ...
 
 

1 Answer | Asked in Child Custody for Georgia on Nov 17, 2012

Paula McGill's answer
If she took the child less than six months ago, everything can be handled in her last state of residence if your brother also lives in that state. Otherwise, he needs to pursue the matter in Georgia by filing for legitimation (if he hasn't done so) ...
 
 

1 Answer | Asked in Child Custody for Georgia on Nov 19, 2012

Paula McGill's answer
The defendant can request the Facebook account through request for production or subpoena, you can always object to the production or move for a protective order. Depending on the issues in the case, it is likely the court will require some production of ...
 
 

1 Answer | Asked in Civil Litigation for Georgia on Nov 19, 2012

Paula McGill's answer
If you lose your case, the judgment creditor can place a lien on your assets, including your car. However, depending on the Plaintiff, it may not be worth going after your 9 year old car. Instead, waiting until you obtain a job, open a bank account, or ...
 
 

1 Answer | Asked in Divorce Law for New York on Nov 3, 2012

Paula McGill's answer
You have not provided sufficient facts to allow me to determine if you are entitled to $50,000 and a retroactive divorce. You should seek legal counsel as soon as possible. At the minimum, you should be entitled to a divorce.
 
 

1 Answer | Asked in Child Support for New York on Nov 5, 2012

Paula McGill's answer
The other parent should be more concerned because he has to pay child support until the court orders otherwise. The safest thing for all parties is to file a consent petition to change support and custody. Unless the parties agree otherwise, the judge ...
 
 

1 Answer | Asked in Child Support for New York on Nov 7, 2012

Paula McGill's answer
Yes, the judge can impute income based on his ability to make a living. The judge can use the salary he made before he became ill.
 
 

1 Answer | Asked in Employment Law for Maryland on Nov 8, 2012

Paula McGill's answer
At this point, you cannot do anything unless you want to appeal. However, with the information you provided, it is unlikely you will be successful. However, if you are adamant about seeking unemployment because you decided to marry and move out of state, ...
 
 

1 Answer | Asked in Collections Law for Maryland on Nov 8, 2012

Paula McGill's answer
It is legal to call on a debt until you tell the debt collector not to call. Also, if you don't agree to anything or admit to anything, you can just wait until the limitations period runs or the debt collector sues. If you are sued, you may have ...
 
 

1 Answer | Asked in Criminal Law for Georgia on Nov 6, 2012

Paula McGill's answer
You can try, but it would be unwise. Moreover, the prosecuting attorney should refuse to talk with you because it's unethical to speak to a represented person about his/her case.
 
 

1 Answer | Asked in Real Estate Law for Georgia on Nov 6, 2012

Paula McGill's answer
If you became owner with him through a quit claim deed, he cannot ask you leave. It is irrelevant that you are not on the mortgage. If he had come to me before he gave the quit claim deed, I would have told him not to do it. You can always ask him to buy ...
 
 

1 Answer | Asked in Bankruptcy Law for Georgia on Nov 8, 2012

Paula McGill's answer
What is the question? Is it a Chapter 7 or 13? Does the person have assets that will allow you to get even pennies on the dollar? For the larger creditors, are they objecting to the bankruptcy? Depending on the size of the debt, you might want to take ...
 
 

1 Answer | Asked in Real Estate Law for New York on Jul 19, 2012

Paula McGill's answer
Did you hire the agent? If so, look at the contract you signed with the agent. Some contracts require payment if the house is sold during the retention period regardless of whether the agent brought the buyer to the seller. You may want to take the ...