Ex filed for a change of custody, along with my response to his change of custody should I also file a counterclaim to have my own issues addressed since I am already going to be back in court due to his change of custody? If I only file a response, will the Judge also listen to my requests to... View More 
answered on Sep 12, 2023
You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this... View More
This was 10 years ago I was 19 years old young and dumb. I only was there for 6 months I never got dual citizenship and I live in the States now and he lives still in Canada we're still married and I don't know how to get divorced because we were married there and I'm a US citizen... View More
answered on Sep 6, 2023
Either spouse may file for divorce in the jurisdiction where they reside once they meet the applicable residency requirements.
While relevant, the place of marriage is not dispositive on the question of jurisdiction.
If you had a child, any accompanying custody and support issues... View More
The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More
answered on Sep 6, 2023
To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to... View More
My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...
I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.
The divorce was concluded 2 years... View More
answered on Sep 5, 2023
Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.
Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.
answered on Sep 5, 2023
It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and... View More
Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.
answered on Sep 6, 2023
If your spouse will sign paperwork it could be an uncontested divorce, which will reduce the costs. But all the necessary paperwork must be signed and it must be filed as an uncontested divorce. If it is contested, you could still keep your costs down with the right attorney. Speak directly with... View More
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answered on Sep 4, 2023
In Georgia, as in many states, whether a state pension becomes marital property upon marriage depends on various factors, including the specific circumstances of the pension and the laws in place at the time of the divorce. Generally, assets acquired during the course of a marriage are considered... View More
answered on Sep 4, 2023
In general, pension plans are treated like any other property – if they accrued during the marriage, they are marital property subject to equitable division. Any portion that accrued prior to the marriage, however, is considered the separate property of that spouse.
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answered on Sep 4, 2023
In Georgia, pensions are generally considered marital property if they were earned during the course of the marriage. Marital property includes assets and income acquired during the marriage, and it is subject to equitable division in the event of divorce. Equitable division means that the court... View More
answered on Aug 30, 2023
My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the... View More
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answered on Aug 29, 2023
In a 41-year marriage, the division of assets, including home equity, can be intricate in a divorce settlement. The impact of using equity to pay partners, credit cards, and bills hinges on factors like jurisdiction laws, debt origin, and financial circumstances. Considerations encompass property... View More
answered on Aug 30, 2023
I would urge you to hire an attorney to represent you in a divorce proceeding. First it has to be determined who is going to be awarded the marital residence or if the marital residence is going to be sold. Then you can determine how the equity is going to be distributed. If the marital... View More
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
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answered on Aug 21, 2023
In Georgia, the division of property during a divorce is governed by the principles of equitable distribution. This means that the court will seek to divide marital property in a fair and just manner, considering factors such as each spouse's contributions, financial circumstances, and needs.... View More
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
answered on Aug 22, 2023
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
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
answered on Aug 24, 2023
If neither has filed for divorce, you were still married and not even going through a divorce when the property was purchased. When you say "working out the paperwork" I assume you are trying to file this divorce as uncontested, which means both parties will have to sign all the... View More
He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More
answered on Aug 21, 2023
You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the... View More
She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More
answered on Aug 13, 2023
Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More
She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More
answered on Aug 17, 2023
I'm not sure how police can't help if she is being held against her will. She can call the police and they can assist her in leaving the residence. They will also likely arrest him if he is physically abusing her. She can also see a restraining order against him. She can file for a... View More
I have a restraining order on me and I don’t know what to do. Can I get support from her?
answered on Aug 9, 2023
My best advice is to hire an attorney and have them file for divorce. Once your spouse is served your attorney can petition the court for a temporary hearing to address the expenses at the marital residence, as well as spousal support on a temporary basis. Until you file for divorce there is no... View More
I don’t understand how it’s saying private property when I was living at the home with my husband?
answered on Aug 8, 2023
The property involved was owned by and individual and not the State, that is what they mean.
Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.
I am betting a cell phone or something in the house was allegedly... View More
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