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Questions Answered by David Stephen Klein
1 Answer | Asked in Divorce for Georgia on
Q: What is the domestic relations case final disposition form? Do i need to include it in in itial filing of

Divorce petition in Cherokee county, georgia. The couple has been living separately for the past 5 years.

David Stephen Klein
David Stephen Klein answered on Oct 28, 2013

This is a form used by the county and state to close the case. Depending on where you file, the clerk may ask for it at the beginning or end of the divorce. The clerk should have the form available for you.

1 Answer | Asked in Divorce for Georgia on
Q: My husband and I are living apart. I live in Camden County, GA. and he lives in Douglas County, GA. I am not allowed

On property to retrieve my belongings. Also he stated that he is selling the property I am residing in St. Marys, GA. Both names are on the deed. Can he or a Judge do this?

David Stephen Klein
David Stephen Klein answered on Oct 28, 2013

Need much more information. What stage of the divorce are you in? There are certainly circumstances which would permit this.

1 Answer | Asked in Divorce for Georgia on
Q: HOW DO I FILE A CHILD VISITATION MODIFICATION
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Contact a divorce attorney and ask her to file a Petition for Modification of Visitation for you.

1 Answer | Asked in Divorce for Georgia on
Q: Can child support be lowered if my pay decreases?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Usually, but the lowered pay must be "a material change in circumstances". Contact a divorce lawyer to discuss filing a modification.

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get a pro bono lawyer?Where or what number can I call..
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Call your local bar association, or the Georgia Legal Services Program in Atlanta.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can i be arrested in the State of Georgia without being Mirandized?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Technically, yes. You need only be mirandized if the police want to question or interrogate you after your arrest.

1 Answer | Asked in Criminal Law for Georgia on
Q: I do not need representation on this issue. I help clarification on a Georgia code issue.

I do NOT need representation on this issue. I need clarification on a Georgia code issue. If someone takes photographs of small children (some naked), places sexually explicit captions on the photos, then sends the captioned photos via cell phone to friends for "laughs," is this legal in Georgia?

David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Probably not. Sounds like you are describing possession and distribution of child pornography.

1 Answer | Asked in Criminal Law for Georgia on
Q: The day before the hearing appealing my license suspension for a DUI, the arresting officer called me. Is this legal?

I had briefly left my home after consuming 2 beers. As I was pulling back into my driveway, a state patrol pulled me over for a faulty headlight.After performing several roadside breathalizers and one field sobriety test, I was placed under arrest for suspicion of DUI.I repeatedly told the officer... Read more »

David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Yes, unless the officer knows you are represented by counsel. Then, it is unethical, but not illegal.

1 Answer | Asked in Criminal Law for Georgia on
Q: I got a subpoena to do a depostion do i have to appear
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Yes, if you are subpoenaed, you must appear, unless your attorney files a Motion to Quash and is successful.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is larceny and theft illegal in all states
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Yes, although other states may call these crimes by another name.

1 Answer | Asked in Criminal Law for Georgia on
Q: GA Law § 16-11-36 (b)Define "refuses to identify himself". Do I have to give my legal name, or can I say "US Citizen"?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

In GA, you risk being arrested for obstruction if you do not "identify" yourself. The courts consider this to be giving your real name.

1 Answer | Asked in Criminal Law for Georgia on
Q: If I call the police in Georgia for domestic violence will me and my spouse go to jail
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Depends on what the responding officers determine to be the facts and circumstances after investigating at the scene. It is a definite possibility, if you both were physical, and the officers cannot determine who is more culpable of being the aggressor. Happens all the time.

1 Answer | Asked in Divorce for Georgia on
Q: How do I file for divorce from someone who is in jail.

We both live in GA. I am in Douglas County. He is in jail in Hancock County. We have been separated since 2009. We have children but they are in the custody of my sister to whom I pay child support. I am at a loss as to how and where to begin this process.

David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Begin by finding a divorce attorney. S/he should start by asking your spouse to sign uncontested papers. If that does not work, a contested divorce gets filed. Your divorce attorney will be able to get you a divorce regardless of your spouses incarceration.

1 Answer | Asked in Divorce for Georgia on
Q: My ex wife and I have two children together if we live together and the separate again is she allowed back child support

My ex wife and I were divorced and then got back together and lived together ... This past week she gained access to my email accounts unknowly to me and found some emails she didn't like ... We have since split back up and she is demanding back child support ... All my pervious pay checks went... Read more »

David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

You should contact a competent divorce attorney right away. The outcome will depend on the specific language of your divorce decree, but certainly one could make the argument that your deposits into joint checking represented at least some, if not all, of your support obligation. Also, she may have... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: My son is 18 yrs old and now attending college. Does my ex still pay child support until he is 20 to help with college?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

All depends on what your divorce decree states. Most only require non-custodial parent to pay child support until the child turns 18 or graduates from high school, and in some cases continue to pay up to age 20 if child is still in high school. College expense payments must be specified in your... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Did my husband file a fraudulent child support worksheet and if so, what can I do?

He reported income that I had not received since a year prior and at the time I had no income. Then his lawyer changed the court date and I didn't receive the notice until the afternoon of the court date which had been that morning, meaning I didn't show up, he got full custody, and I was ordered... Read more »

David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Need more info. Judges usually rely on Domestic Relations Financial Affidavits to determine income for child support, and the income from the affidavits (which must be filed by husband and wife) get transposed onto the child support worksheets. It sounds like you were pro se. Were you? Depending... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: My husband is stationed in Fort Sam and has served me with divorce papers. I live in Columbus GA..how do I find a lawyer
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Ask your friends for any they would recommend. Or, search the web for "how to interview and hire a divorce lawyer", then start calling around. Interview several before you make a decision.

1 Answer | Asked in DUI / DWI for Georgia on
Q: In Georgia can they charge you with public drunkenness if they don't give you a breathalyzer test.
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Charged? absolutely. Convicted? That's another thing entirely. Were you acting intoxicated? Did you admit drinking? What are the facts and circumstances of your arrest? You should obtain counsel.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can one be arrested for DUI after taking prescription Drugs as prescribed by one's regular Dr? for years, no sideeffect
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Arrested, yes. Convicted? Depends on the facts, circumstances, and the experience of your DUI lawyer.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Do you loose your license on a first DUI charge in Georgia?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

You license is suspended upon conviction of a first DUI in GA. Depending on you age, it is for 4 months or a year.

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