The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.
I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More
My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More
Marital debt is divisible in a divorce. Once you know about the spending habits and you know debt is being incurred, you can't file for divorce 5 years later and wash your hands of it. If it is a big enough of a problem to end the marriage, then end the marriage. If not, then you are...View More
You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous...View More
An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.
Wife and I have been physically and financially separated since June 2021 and still working out paperwork for divorce filing. My mom passed last year and I received the trust proceeds this year. I used some of these proceeds to go 50% in on a lake house (sister putting up the other 50%. We are both... View More
The nature of the trust is important. You need to speak to a Georgia attorney immediately. Anything that is given to one party via gift is not marital property in Georgia. An attorney can read the trust documents and advise if it is non-marital and how to keep it that way. You are under no...View More
Is this enough for a judge to give active parent full custody. But absent parent comes back around saying they want to be a man active parent after always stating that they want to give up their rights. Also absent parent send threats of calling CPS out of spite.
It depends what has happened over the 10 years. If the parent, despite asking to give up rights, has consistently exercised parenting time and paid support, then termination is not likely. If the parent has been absent for that period of time sole custody is an option.
Sole custody is very rarely granted. A request like that requires a great deal of evidence, including evidence that he has harmed the child or is very likely to. The fact that he drinks isn't enough, especially if that is something you've tolerated for a time. You should hire an...View More
I am getting divorced and my previous attorney signed an agreement with opposing counsel to extend discovery until 45 days before trial. My new attorney, who seems to be incompetent, filed a motion for additional discovery with the court and the judge ruled that "the discovery period is... View More
No one can tell you who is at fault. Armchair quarterbacking without reviewing the file would be dangerous and imprudent. Also, you knew the motion had been filed, and you also should have known there was already an agreement extending discovery. It's your case so you would have access to...View More
No one is automatically obligated to pay bills for a home they are leaving. If her income vastly exceeds your, it is possible that the court can order her to pay some of the expenses of the marital home. You may have to prepare to pay the bills ourself, as well as child support unless you work...View More
My wife is a Canadian and a U.S. green card holder at the same time.
My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... View More
You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do...View More
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You...View More
My ex and I (never married to each other) have 2 children, we have been to court for custody/visitation. We have joint legal custody with an every other week visitation. Do I have legal options if she never gets them for her scheduled week? This is an issue that has been going on for at least the... View More
The legal system can't make her be a good parent. Enjoy the extra time with your children and just document for now. If you file a modification, you may get custody, but she'll get more time awarded her on paper than she's exercising now, so the actual situation may not improve...View More
The first answer is not correct. You can serve per Georgia law. You have to use someone on Fulton's process server list who is willing to go serve in Florida, or you have to use the sheriff in Florida, or file a motion to have a process server in Florida appointed. That requires a motion and...View More
I was born in California and so were my birth parents. Their parental rights were taken away in 2000 when I was 7 years old. I was adopted the following year in 2001 when I was 8. My adoptive parents are on my birth certificate. I’ve been in contact with my birth mother for about 12 years now and... View More
No. You have no legal relationship with your birth mother. So she doesn't qualify as a grandparent to try to get grandparent's rights, and she wouldn't meet those standards anyway. So it's a definite no. You can exclude her if you wish.
You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.
I have an almost new car that is financed in my name alone. My wife currently drives the car because she totaled hers last year. I drive a paid off pickup, but originally purchased the car as my sole transportation. She cannot refinance the car in her name, as her credit is very poor. She also... View More
The answer to your question is yes. The court can order you to pay for the car. Whether the judge does or not depends on a variety of factors. If she is abusive and you have custody of the children, it's less likely you'll have to give her the non paid off car. Consult an attorney in...View More
Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.
When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... View More
In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.
Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...
No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.
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