Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael D. Birchmore
1 Answer | Asked in Divorce for Georgia on
Q: Divorce

My wife of 9 years moved and left me in GA

Michael D. Birchmore
Michael D. Birchmore answered on Jun 21, 2021

Did you want us to answer a question for you? If so, you need to post the question here first.

4 Answers | Asked in Divorce for Georgia on
Q: Which county do I file for divorce?

He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?

Michael D. Birchmore
Michael D. Birchmore answered on Jun 18, 2021

I agree with the ladies' responses. The best thing you can do now is meet with a divorce attorney to map out your next moves.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm an unmarried father of an 18 month old mother gave consent for her mother to have custody

they served me with an rule nisi/ex parte/ restraining order what can I do do I get legitimized then go for custody of just answer them and file a counterclaim

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

You need to file a Petition to Legitimate the child in the Superior Court of the county of residence of the child or yours. If you do not know how to do this, you will need to retain legal counsel to it. This would be best given you are now under a TPO. Truth be told, it can be tricky to do... Read more »

View More Answers

3 Answers | Asked in Divorce for Georgia on
Q: I'm unemployed due to a business failure and considering a divorce. My wife still makes 100k.

Is there any advantage or disadvantage to getting a divorce while unemployed? I keep hearing very different opinions on this issue. Who's right?

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

We don't know. More information is needed. Are there children involved? What assets will be fought over? Who is paying the family's bills right now? Do you live in the same house? What are you doing to get back on your feet?

I can say that if you file for divorce now, the...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Georgia on
Q: My neighbor has surveillance on my home 24/7 and posts his videos to Facebook inaccurate information to make me look bad

My neighbor uses his security camera as surveillance on my home 24/7 and he uses his video 2 post to Facebook inaccurate information to make me look bad and harass me on social media the video that he posted on Facebook on June 13th 2021 I have downloaded and I have the post where he was harassing... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 15, 2021

It would be difficult to impossible to tell you whether what he does is improper or not. One would probably need to see the camera in question and how it is "aimed." It could be that he is simply trying to keep his property safer. As to suing him, what are your damages? How have you... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Child Custody and Probate for Georgia on
Q: My sons grandma has temp guardianship, it was to help me until I got back on my feet she now refuses to give him back

I have my own house my own car , I have a job I’m able to provide. She’s being spiteful and doesn’t want to give him back to me. She manipulated me into all of this & then once I figured out what she was doing I asked her if I could have my son back. And she told me that I needed to have... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Given that you have described this person as you did, the best advice that I can provide is that you should retain an attorney to assist you in this matter.

1 Answer | Asked in Child Custody for Georgia on
Q: What do I need to do to get full custody back of my 2 children? I don’t have the money to hire a lawyer.
Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

The only effective suggestion is that you should beg and borrow the funds to retain counsel. You may also contact GA Legal Services to see if you qualify for a reduced fee attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file a contempt of court order against the other party? Do I go to the courthouse or can I do it online?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Your question makes it sound as if you already have the court order. Only Courts (Judges) may sign Orders. Did a judge sign an order for you? I can't think so. If that had happened it would already be filed. So....... you will first need to file an application for citation of contempt and... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a house be listed for sale and people come look at it while it is occupied in Georgia?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

Actually, that is typically how it is done. The agent would notify the owner of a showing which gives the owner time to leave the house or not (houses show best without the owners).

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: When it says 60 days from day of seizure....does that mean just 60 calendar days or business days??
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

60 CALENDAR DAYS.

AFTER THE 60TH DAY, IT WILL OCCUR WITH OR WITHOUT NOTICE.

1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia, when can a builder turn over the HOA to the property owners? Is there a minimum number of homes sold?

The builder has closed on 5 houses of a projected 35 home development with another 5 or so in construction and having contracts. There’s over 20 lots that no development has occurred yet. I’m told they want to turn over the HOA now to owners. When asked about maintenance on a common area... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 10, 2021

Okay, you are in a situation which cannot be adequately explained here. Anytime HOA's are involved, the key to everything lies in the written declarations and other documents which will be filed with the Clerk of Superior Court of the particular county of reference. You are going to want to... Read more »

3 Answers | Asked in Divorce for Georgia on
Q: My wife and I will be divorcing soon. One of her family members gave her a large some of money during our marriage.

It was deposited into a joint brokerage account and I invested it increasing the value by over 50%. She has moved the money to a different account and will not tell me the password. She also claims I have to right to the money. What is true? Do I have a right to half or a portion of this money? It... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 10, 2021

You are going to want to get legal counsel to assist you in this situation.

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My dad passed had a living estate for land mom left to me in will how do I get deed now

Oldest sister or younger brother states in the will are executors can one of them do it

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My mom died and left siblings property 28 years ago she gave my dad living estate rights till he died how do we get deed

Mom left will was probated dad living estate and he rented trailers to people on land olde sister or younger brother executors make decisions can my oldest sister just deed the property to siblings

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

2 Answers | Asked in Family Law for Georgia on
Q: Can I present new evidence that I had already knew but not mentioned because of the severity of it. Now in order to help

Recently a judge granted my motion for amending petition to add party from the respondant side. I have verbal admission from respondant side that I need to use as my evidence that is very relevant to my civil case. How do I implement or make known to have that verbal evidence as my exhibit.

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

There is no way to educate you in the laws/rules governing admissibility of evidence here online. You would be wise to spend a few dollars and speak with an attorney in your area about your issue.

View More Answers

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: I recently just signed a lease and I called them and they said I had to pay the full rent or find someone to replace me

What do I do ??? I really don’t feel prepared to move in I didn’t really think it through and this is a student apt

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, if you are an adult and you signed the lease, you are likely to be bound to it. The LL is simply trying to collect the rent for the apartment. It can be from your or someone else.

1 Answer | Asked in Real Estate Law for Georgia on
Q: GA HOA Bylaws below. Does it state that each Director's term will be for two years from now on?.

Term of Office. After the Declarant's right to appoint directors and officers terminates, the Association shall call a special meeting (or take action under Section 2.12 or Section 2.13 in lieu of a meeting) and the members shall elect three (3) directors as follows:

the initial term... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, it says what it says. That said, without reading the entire document along with any such other documents which could possibly relate to it and affect it, we cannot provide a definitive response. It does say what it says though.

3 Answers | Asked in Divorce for Georgia on
Q: Where can I get a poverty affidavit for paulding co
Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

Check with the Clerk of Court at the courthouse in your county. They may or may not have one. GA Legal Services may have one.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.