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Questions Answered by Beverly L. Cohen
1 Answer | Asked in Family Law for Georgia on
Q: My daughters father has filed a petition to legitimation, I do not want to change her name, what do I need to do?
Beverly L. Cohen
Beverly L. Cohen
answered on Mar 3, 2013

The first thing you need to do is file an answer to the petition for legitimation. However, if the judge grants the legitimation, you may not have a choice about changing her last name. If the judge orders her last name to be changed, it will have to be done.

1 Answer | Asked in Divorce for Georgia on
Q: I want to file for divorce, but have no way to contact my wife, nor do i know where she is living. What can I do?
Beverly L. Cohen
Beverly L. Cohen
answered on Mar 3, 2013

You have to make an effort to locate your wife that may include contacting her relatives and friends. You need to keep a record of everything you have done to try to locate her including the date you made an attempt to locate her. If the court is satisfied that you have made a diligent effort to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: How will 2 financed vehicles with both spouses on loan be divided in a divorce?
Beverly L. Cohen
Beverly L. Cohen
answered on Feb 14, 2013

Generally, each spouse is awarded the vehicle primarily driven by that spouse. Whose name is on the loan is usually irrelevant. Sometimes the person receiving property encumbered by a loan on which the other spouse is obligated is required to either refinance the loan in only their own name or to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: How soon after a divorce is granted in court should the papers be ready to be signed?
Beverly L. Cohen
Beverly L. Cohen
answered on Feb 14, 2013

All papers are supposed to be signed by the parties before a divorce is granted. The last document to be signed is the final judgment and decree granting the divorce which is signed by the judge.

1 Answer | Asked in Divorce for Georgia on
Q: If i have not seen my wife in about a year in a half and i dont no wear she is will it be hard to get a divorce
Beverly L. Cohen
Beverly L. Cohen
answered on Jan 18, 2013

It won't be difficult to get a divorce but your wife will have to be served by publication. Before you can have her served by publication, you must prove to the court that you have made a diligent search for her and tell the court everything you have done to try to locate her. Only after the... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: When my husband became aware that I would file for a divorce he hid our assets. What can I do to recover what is mine?
Beverly L. Cohen
Beverly L. Cohen
answered on Jan 18, 2013

Until a divorce has been filed, both parties have the right to do whatever they want with jointly owned marital property that is not titled property such as furniture.

If property is the type that requires a title such as a vehicle or bank account, what a party can do with the asset...
Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Creditors are calling after Divorce. Cant afford to pay. Pretty much lost everything. Would filing BK help me?
Beverly L. Cohen
Beverly L. Cohen
answered on Jan 18, 2013

You should consult with a bankruptcy attorney to find out if bankruptcy is your best option.

1 Answer | Asked in Family Law for Georgia on
Q: WHERE CAN I FIND AN ABANDOMENT APPLICATION TO SUBMIT TO HENRY CO COURT, FOR MY FATHERS SON,, I HAVE THE WARRANT APP
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 20, 2012

What do you mean by an abandonment application and why do you need one for your father's son? More information is needed.

2 Answers | Asked in Divorce for Georgia on
Q: How do I see a QDRO on file?
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 20, 2012

On file where? More information is needed.

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1 Answer | Asked in Family Law for Georgia on
Q: What does "dismissal order" mean on a court docket for a temporary protective order?
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 10, 2012

"Dismissal Order" means either that the petitioner did not show up in court and the petition was dismissed or that when the parties appeared in court for the hearing, the petitioner did not prove the allegations of physical abuse in the petition.

1 Answer | Asked in Family Law for Georgia on
Q: Is cursing at a child illegal in GA?
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 10, 2012

It's not illegal to curse at a child but if the cursing is reported to DFACS, DFACS could investigate and decide the cursing is verbal or emotional abuse and take appropriate action to remedy the situation.

1 Answer | Asked in Family Law for Georgia on
Q: What can you do if the father lies on the petition for legitamation and you can prove he's wrong?
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 9, 2012

When you file your answer to the legitimation petition, you can deny the allegation that is a lie. When you go to court, you can bring the evidence to court that proves the allegation is a lie.

1 Answer | Asked in Family Law for Georgia on
Q: Parents have joint legal custody. Mom fails drug test for Defax. Safty plan put child w/grandparent with out calling dad
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 9, 2012

What is the question? More information is needed.

1 Answer | Asked in Family Law for Georgia on
Q: Husband recorded our cell conversations with out me knowing it. He also recorded house phone conversations too

Is that illegal?

Beverly L. Cohen
Beverly L. Cohen
answered on Dec 9, 2012

Your husband has the right to record a telephone conversation as long as he was a party to the conversation. It is illegal for him to record a conversation between you and someone else.

2 Answers | Asked in Family Law for Georgia on
Q: I wanted to know what i can do to get visitation rights to my daughter?

The baby's mother doesn't let me see her and I need my rights. My daughter is 3 months old. The baby's mom left me a week after she told me she was prego, she has done everything she can do to keep me away from my daughter,we agreed that if i pay her CS i could get every other... Read more »

Beverly L. Cohen
Beverly L. Cohen
answered on Dec 9, 2012

Only the mother of a child born out of wedlock has any rights to the child. If you want to spend time with your child, you need hire an attorney to file an action to legitimate the child.

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1 Answer | Asked in Divorce for Georgia on
Q: If you're being called as a witness in a divorce case, how late can the suponea be served?
Beverly L. Cohen
Beverly L. Cohen
answered on Dec 9, 2012

A subpoena must be served at least 24 hours before the time stated on the subpoena that the witness must appear in court.

1 Answer | Asked in Family Law for Georgia on
Q: What is the best thing to do if my child's father has died and he did not sign the birth certificate for her to get SSI?

He didn't do much for her when he was alive and his family doesn't have anything to do with her still to this day and she going on three. should i still try to get his SSI for her or just leave it alone all together?

Beverly L. Cohen
Beverly L. Cohen
answered on Nov 6, 2012

By all means you should try to get social security benefits for your child. My advice is to call social security and ask what forms of proof they will accept. Even if he did not sign the birth certificate, social security may accept other forms of proof.

1 Answer | Asked in Family Law for Georgia on
Q: What is the official hierarchy of applied payments to child support, spousal support, medical, etc?

I was told by the Child Support Office that the official hierarchy is child support, child support arrearages, medical, then after all that spousal support, and spousal arrearages. Is there a document to support this decision in state law or is this decision handed down by an unelected official?... Read more »

Beverly L. Cohen
Beverly L. Cohen
answered on Nov 6, 2012

There is no specified hierarchy for allocating funds between alimony and child support in Georgia because there is no government involvement in collecting current alimony or an arrearage in alimony. My advice is to domesticate your order or orders for alimony and child support and then file a... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: During a hearing the judge asked all parties to do a DNA test, all parties agreed it would be done that day.

The judge asked 2 times to insure it would be done. asked parties to clear schedule, child to be brought up. Upon leaving the court, the other party and atterney said they would not do it and left. What can I do?

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

Put the case back on the judge's calendar for a hearing. When you go back to court, ask the judge for an ORDER requiring all parties do undergo DNA testing. When you go to court, do not forget to have a court reporter. Whenever you go go court, always have a court reporter take down the... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I need to know what the law says about the approval of the wife/husband to sell an asset that was obtanied in marriage?
Beverly L. Cohen
Beverly L. Cohen
answered on Nov 5, 2012

The right to sell an asset depends on whether or not a divorce is pending. If a divorce is pending, permission of the court is needed to sell or dispose of an asset unless the parties agree otherwise. If a divorce is not pending, either party has the right to sell or otherwise dispose of a marital... Read more »

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