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Questions Answered by Michael David Birchmore
3 Answers | Asked in Divorce for Georgia on
Q: After retirement my husband admitted he is an atheist; I believe in God. Could I be granted a divorce in this situation?

He also believes in aliens and constantly tries to present evidence of his beliefs.

Michael David Birchmore
Michael David Birchmore answered on Jul 7, 2019

In GA, anyone can have a divorce for any reason whatsoever. If you wake up one morning and decide you no longer want to be married, you can take a divorce without having to prove anything else. Religion doesn’t even have to be discussed to get the divorce.

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: HOW CAN I FIND AN ATTORNEY WHO WILL BE WILLING TO ASSIST ME IN SUING MY ATTORNEY?

I HAVE FILED A COMPLAINT WITH THE GEORGIA BAR ASSOCIATION. MY ATTORNEY STATED HIS COMPUTER HAD CRASHED THEREBY HE LOST ALL RECORDS, THE CASE WAS DISMISSED.

Michael David Birchmore
Michael David Birchmore answered on Jul 5, 2019

On these facts alone, I cannot see the bar complaint coming to anything. Lawyers cannot control bad technology. However, better lawyers will likely have in place backup systems to guard against information loss in the event of technology failure. While the Bar may not provide redress in this... Read more »

3 Answers | Asked in Family Law for Georgia on
Q: My divorce was in Tx. I'm living here for now. Ex not abiding by our decree. Do I go back to tx and use tx. Lawyer?

Ex is not paying spousal supp., Hes supposed to pay 2,000 for 10 yrs. Plus car ins., phone, med. Ins. Some months I'll get 500 or just 250. Would it be best for me to go back to tx and get a legal aid there? I think it would be cheaper since you would have to fly if I used lawyer in Tx, but i... Read more »

Michael David Birchmore
Michael David Birchmore answered on Jul 6, 2019

If your ex still lives in TX, then you need to follow up on this in TX. If, however, the ex lives in GA, then you would have to file here to first domesticate the foreign (TX) order and then file to enforce the order (formerly TX now newly GA) here.

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2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Q: Can I sue my ex and his parents for money back on renovations and intimidating me into leaving his residence?

I broke my lease at my last apartment to live with my now ex. He purchased a home and wanted me to come live with him, so I did. I legally changed my address and everything. I paid for utilities and calculated over 3 grand spent since I moved in, on renovations and appliances. A lot of verbal... Read more »

Michael David Birchmore
Michael David Birchmore answered on Jul 6, 2019

Without a written contract setting out an agreement between all the owners, you really have left yourself exposed to this bad result. Sorry.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I am my mother's poa. She has dementia and owns two houses that I think I need to transfer the deed to my name. how?

She has a will that leaves everything to me but do I need to transfer the deeds to me before she dies?

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

Do not use a quitclaim deed to do this. Take the current deed to an attorney and have them draw up a warranty dee with rights of survivorship. Don't fool around with this. If you botch it by doing it yourself it will cost you much money to get it straightened out. You can usually get a deed... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia is a purchaser agreement automatic extended 7 days after the expiration date of closing?
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

You would have to look to the terms of the contract to determine. If the contract is a standard "GAR" form (GA Association of Realtors), the last time I looked the contract could automatically extend upon the request of either party. Beyond the 7 days would require the agreement of all parties to... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: A Man traded my daughter for two phones but gave her an XBOX 360 that doesn't work. is this illegal?
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

Unfortunately, this is pretty much covered under the "caveat emptor" doctrine which means "buyer beware." Did your daughter not even check the item out to see if it worked? Was your daughter 18 years old or older at the time of the trade? If not, then the trade is invalid as the daughter was a... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: My ex-husband wrote me a check in 2008. Now he is telling me he is going to sue me. Has the Statue run out in GA?

He wrote in the for section loan. I gave him a lot of jewelry including my Rolex GOLD watch as collateral. He still has these. I have never paid him anything on this. I am a Realtor and I reduced his commission on a sale to pay him back. However now he is telling me I owe him the total + 5%... Read more »

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

Can you ask this question again differently and be more specific please? Your fact pattern does not seem to fit together.

1 Answer | Asked in Juvenile Law for Georgia on
Q: Can a 24 year old male date a 17 old female in the state of Georgia?

Just curious?

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

You know what they say about that don't you? Curiosity killed the cat.

1 Answer | Asked in Criminal Law for Georgia on
Q: What's Georgia law on transaction fraud and penalties
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

Can you be more specific please? Do you mean deposit account fraud by some chance?

1 Answer | Asked in Car Accidents for Georgia on
Q: I got side swiped by a tractor trailer

the driver probably don't know he hit me I only know the company name I have no witness or trailer number can I sue

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

If you have not incurred any injuries, it is unlikely that an attorney would accept your case. No injury equals no case. If your car was damaged, turn it over to your insurance company.

1 Answer | Asked in Contracts for Georgia on
Q: what is needed to file a complaint for breach of contract.

Does the contract have to be filed with the court

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

It depends. The more that you value this contract and want it enforced, the more you need to speak with an attorney to help you. With all respect to you, if you did not already know the answer to your own question, do you really expect that you will be able to prove your case in court? There are... Read more »

2 Answers | Asked in Child Support for Georgia on
Q: I am a dad ,now i trying to put myself on child support, and see my child. Where do i start ?
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

The first thing you do is go and talk with a lawyer! I cannot stress this strongly enough. If the child was born out of wedlock, then you must legitimate the child formally though the court. The legitimation process involves many issues, and I would not recommend that you attempt it without... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: When does child support end for a child 18 years old

2 daughters, 18 and 16, do I have to pay the child support for the 18 year old until the 16 year old turns 18?

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

Support obligations end once the child reaches the age of 18 UNLESS the child is still in high school (secondary school) when 18 occurs. If an 18 year old child is still in high school, then support would continue until graduation OR until the child turns 20, whichever occurs first. The exception... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If I am the legal father and married to the mother can the biological father who has never met my 1 year take my rights
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

I am unsure as to why you believe that you are the legal father. Was the biological father's rights terminated and you then adopted the child? If not, then you are not the legal dad. Marrying the mother does not make your relationship to the child "legal" in any way. You are the step-dad.

1 Answer | Asked in Family Law for Georgia on
Q: If a child was legitimized and the father pays child support and then find out he not the Father do he still have 2 pay
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

If the legitimation has been granted and child support has been ordered, then yes, the father will still be obligated to pay support even though he may find out later that he is not the biological father of the child. The father should have demanded a DNA test to confirm paternity during the... Read more »

1 Answer | Asked in Uncategorized for Georgia on
Q: Will you go to jail for not paying rent a center
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

Unless you have been arrested for or convicted of a crime, you are not going to be thrown in jail. If you are simply not making your payments because you are having financial difficulties, you may be sued and your credit rating damaged, but you will not go to jail for non payment. Debtors prisons... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If I file for CS from my ex will it take away from his other child he pays CS on? We all live in GA

He pays 300 a week for his one child now, will that be cut in half if I file for my child?

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

This is a highly fact oriented question. To answer it, we would need to review the child support worksheet and child support addendum. Unfortunately, we are unable to do this through this forum. Your best bet would be to contact a local family law attorney and have them look at the papers and... Read more »

2 Answers | Asked in Military Law for Georgia on
Q: Hello I have a few questions. It is authorized to use your military email account to conduct personal business?
Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

You should probably ask your CO or contact your local JAG office for an answer. Generally, most lawyers are going to strongly urge people to NOT use their occupational email account(s) to convey personal non job related communications. You can probably guess why.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a friend who is asking me for advice about her situation.

I have a friend who is asking me for advice about her situation. I don’t know what to tell her, about the legal side of it. Jane is about to get married to Mike. Mike had a DUI several years ago and he apparently has been driving without a license. His daughter has been keeping his car title and... Read more »

Michael David Birchmore
Michael David Birchmore answered on Mar 17, 2015

When in doubt, stay out. This is not a good idea on many levels. Your instinct is correct. All Mike has to do is get his license reinstated. If he has requirements to complete in order to do this, he should go ahead and do it. After all, why wouldn't he? I imagine it could be because Mike is... Read more »

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