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Questions Answered by Michael D. Birchmore
3 Answers | Asked in Divorce for Georgia on
Q: Can you get a divorce for free? I've been separated from the husband for over 7 years

Been separated for 7+ years. Custody and child support are not an issue. We both want a divorce and to remarry. Divorce would be from Tennessee

Michael D. Birchmore
Michael D. Birchmore
answered on May 6, 2021

No. It would not be free. Additionally, you mention the divorce being from TN. If it is to be a TN divorce, you should direct your question to the TN attorneys on Justia. The laws of GA and TN are different.

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1 Answer | Asked in Sexual Harassment for Georgia on
Q: I sent nudes over Snapchat and I am 18 years old. The person is now blackmailing me with them. Woukd I get in trouble?

I met the person on Snapchat, she said she was 18 too and we both sent to eachother. Once she saved my stuff and screenshotted it, I blocked her. But now she has made other accounts to tell me she will be showing my school administrators. I have no idea who the girl is as SHE found MY Snapchat. She... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 5, 2021

Not sure what your question really is. Did you do something stupid? Certainly. Is it possible you might get into trouble if it turns out that she is not 18 years old? Certainly. Could you face criminal charges? Certainly. Will your nude photos be out on the internet forever and could that... View More

1 Answer | Asked in Real Estate Law and International Law on
Q: I'm looking for a lawyer to look over my wholesale real estate contract. If you can help please reply
Michael D. Birchmore
Michael D. Birchmore
answered on May 5, 2021

This site is not for solicitation of business. You are more than welcome to find the right type attorney here on Justia by looking into the Find a Lawyer section.

1 Answer | Asked in Mergers & Acquisitions for South Carolina on
Q: Can I get into any trouble for going to small claims court?

I live in a state where marijuana is illegal (SC) I ordered marijuana online from a state where it is legal (California). The next day after I order and paid they asked me to pay an extra $400 for insurance. I wasn’t sure about it but they assured me that once my package was delivered I would get... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 5, 2021

Wow. You have to let this one go.

1 Answer | Asked in Land Use & Zoning for Georgia on
Q: Is fishing from a public road considered trespassing in the state of georgia. As long as it feet are on public land.

Was wondering if I came across a pond in georgia on a dirt road and started fishing is it treating passing fishing the private pond from a public roads

Michael D. Birchmore
Michael D. Birchmore
answered on May 4, 2021

We cannot say without first reviewing the applicable land documents for the site. This could include deeds, plats of survey, affidavits, court filings, etc. If it helps, you should not assume that just because a pond is next to a road it means you have the right to fish it.

1 Answer | Asked in Child Custody for Georgia on
Q: is there anyway i can find a pro bono lawyer to help me in a custody case, i need help, court date is the 15th, please

this concerns my 5 year old daughter, that my mom has temporary custody of, my soon to be ex wife gave up her rights, but i havent , i dont know where to start and i need serious help, idf i anm ever going to be able to maintain my rights as her father

my name is , i can be reached at or... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 4, 2021

Unfortunately, most attorneys cannot afford to provide pro bono services to the public. You should look into GA Legal Services (website) to see if you qualify for assistance.

1 Answer | Asked in Child Support for Georgia on
Q: What is the process for child support enforcement in a different state?

I live in Georgia and the father now lives in South Carolina. I had an active case but it was closed in 2017 due to him having my children for a year and lying to the caseworker saying they were enrolled in school for the next year once they moved back with me. I was unable to show proof with... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 4, 2021

I'm very sorry, but I have no answer for your particular set of circumstances. We don't have enough information from you. Which state has a support case that is open?, etc.

A couple of notes here. 1. Anything you now do will likely need to be carried out in the courts of SC....
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4 Answers | Asked in Divorce for Georgia on
Q: I was needing to find out what I needed to do because my wife ran out 5 months ago and I want to file for divorce.

There are no kids involved only thing I have is my house that's been in my name and a car thats in both our names But she doesn't want neither one. Also she went to a different stateShe left with no warning She doesn't even want to work on it And neither do I

Michael D. Birchmore
Michael D. Birchmore
answered on May 3, 2021

File for a divorce yourself; or, hire an attorney to do it for you.

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3 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: What if a minor (16) runs to your home and is from an abusive home seeking safety?

Specifically, mental abuse. A lot of insults, and not allowing the child to have friends or a love life (child is 16). Punishments for unusual things like accidentally making a mess with food.

Michael D. Birchmore
Michael D. Birchmore
answered on May 3, 2021

I agree with Ms. Edwards. You should not allow the child to come into the house.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My ex moved to TX. My daughter is supposed to live with him but been with me 2yrs. Does she have to go back

She 14 in aug.

Michael D. Birchmore
Michael D. Birchmore
answered on May 3, 2021

It all boils down to what your paperwork says. If circumstances have changed you might want to consider a modification.

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1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Georgia on
Q: where to file civil suit against a store in cobb cty that lost my $5k machine. They're registered in Augusta.

Due to the store manager's negligence or carelessness they actually gave my machine to another customer and claim they can't get that customer to bring it back. Evidently we both took our matching machines in to be serviced at the same time. They refuse to replace my machine with a new... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 1, 2021

Make sure that you are actually dealing with a c o r p o r a t i o n and not simply a "business." Corporations are actual legal entities that have been registered with the GA Secretary of State. Note that OCGA 14-2-510 addresses actual corporations. Registered with the state. Not just... View More

2 Answers | Asked in Divorce for Georgia on
Q: a lady is told he's divorced, she dates, engaged, then marries him & then finds out he's still legally married

has she committed adultry or had an affair?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 30, 2021

This is less a legal question and more a religious consideration. Legally, being married to two or more spouses at the same time would be bigamy and, therefore, illegal.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Is it possible to get out of a signed purchase and sale agreement in the state of Georgia as the seller?

What are the repercussions from Buyer/Buyers realtor in doing so? Closing set for June 1st. ? Is there any reasonable/legitimate reasons for backing out of contract to prevent any lawsuits/ repercussions from Said buyer and agent?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 30, 2021

No way to know without a review of the contract. Take it to a real estate attorney to find out more.

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Can a sole beneficiary with Letters of Administration use an Assent to Devise to transfer mortgaged home title to self?

If not the Assent to Devise, please tell the type of deed to use. Single parent was intestate. Only debt is mortgage. Legals in paper are running. Any info will help.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

The best information anyone her can provide would be simply to seek professional assistance from a good probate attorney. This forum is not built for specific case procedures. There is no way you can provide enough relevant and critical information online.

1 Answer | Asked in Real Estate Law for Georgia on
Q: After I issue a notice to comply and the tenant doesn't comply. What's next in the process?
Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

Meet with a good Landlord/Tenant attorney; or let it go.

3 Answers | Asked in Divorce for Georgia on
Q: Court ordered sale of home after contempt. Ex-spouse want sign with realtor. Do I have to file another contempt case?

Contempt case was a money judgement that was suppose to come from sale of home. Ex-spouse doesn't want to sign with realtor without listing home at unobtainable sale price and doesn't want the price to be drop in a timely manner. Do I have to file another contempt case or is the first... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

We would need to review the actual order and other papers to understand precisely what the issues are. I would urge you to take your whole file to a divorce attorney so that the advice you receive would be from an informed source. Online, we would just be guessing.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: Hello, I have payed a Rent deposit to a Family Member and Friend and I've recently been Evicted. A week from Payment.

Hello, I've been Evicted a number of times illegitimately in the past year and I've slowed to a halt with being mistreated this way. I am a full-time student and my Grandparents have threatened me to leave without returning my payment and I've also been Evicted without a Legal Dispossessory Process.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

Okay. File a wrongful eviction case if you believe that is appropriate, move out or live with it.

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4 Answers | Asked in Divorce for Georgia on
Q: I was divorced about six years ago but the marital home remains in my name what can In do?

Ex remarried and he and his present wife live in this home.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

I'm thinking that you didn't have an attorney for the divorce. This type thing should never happen. If the divorce settlement doesn't address this situation and the house was always in your name, the law as your situation sits right now would seem to be in your favor that you own... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my 18 year old stay with me or does she have to stay with ex?

Custody determined while she was a minor. Still in High School. She does not want to live with her mother. Update + Do I still have to pay child support?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

Once they hit 18, they can live where they want.

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