answered on Mar 20, 2023
You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... Read more »
answered on Mar 20, 2023
Prior to the filing of a divorce, either spouse can take anything they want out of the marital residence because there's been no standing order preventing them from selling, transferring, taking, or disposing of any items that could be considered marital property. When a spouse files for... Read more »
In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... Read more »
answered on Mar 20, 2023
There is no percentage or guideline. The judge will look at all that you have mentioned in determining whether or how much spousal support it should be.
I bought my home before I got married and now we're going through a divorce. Oddly, we still live in the same house while going through this.
She has stated several times that she isn't leaving g after the divorce is final.
My question is, when the divorce is final and... Read more »
answered on Mar 14, 2023
If the judge grants you the home, the judge will give her a deadline to leave.
And has not paid mortgage payments and it is in my name and willed to my daughters. We married when our children were grown and out on their own. Please tell me he not entitled to my home
answered on Mar 8, 2023
Any real property that a spouse has prior to marriage is normally considered their separate property that they can ask the Court not to include in the distribution of marital property. However, in some circumstances a spouse may be entitled to some equity, depending on their contribution to that... Read more »
I don't make a lot of money as I pay half of the household bills. I have a child with my husband, but I need to get a divorce from him.
answered on Feb 28, 2023
There are no pro bono attorneys. There's no such thing. There are attorneys who do some pro bono work. But just like you can't work for free because you have household bills to pay, so do attorneys. Therefore, it's unlikely that you're going to find anyone who is willing to... Read more »
Both minor children’s paternal grandmother has sole custody of both minor children. And there is a 3rd child but he is not a minor.
answered on Feb 23, 2023
If you have living biological children born of the marriage then you have children, whether they currently live at your residence or not. The Court needs to know that you have living minor children in order to address the custody & visitation of those children as well as child support, if that... Read more »
answered on Feb 23, 2023
If it's pending then it's not closed, and wouldn't need to be reopened. I would consult an attorney because it sounds like you need some help understanding the case, since you're asking this question. If by "was pending" you mean it has now been dismissed or there... Read more »
House bought 2004, I moved in 2005, married 2015. Have 3 children together living in the house 15,14,&10. The last time house was refinanced was 2020. My name is not on it. Do I have any rights? Can he throw me out?
answered on Feb 17, 2023
If you're living in the residence and have been, your spouse cannot evict you. You should speak directly with an attorney to determine what you may be entitled to regarding the home purchased prior to marriage. Due to the fact that you may have been paying some of the mortgage or some of the... Read more »
answered on Feb 13, 2023
The location of property purchased during the marriage does not impact whether it is considered marital property as married persons can buy property anywhere. It does not have to be located in the U.S. for it to be marital property. Anything purchased during the marriage could be considered... Read more »
Listed as a co-signer on the loan. Does she need my signature to sell or rent the house?
answered on Feb 13, 2023
No, only the people named on title have the authority to sell or lease the property. With your name still being on the loan, you have liability for payment of the mortgage without ownership of the house. Your divorce decree should outline this, as well as the obligations of the parties moving... Read more »
The children do not want to go back to their mother's house when they have to go back home Sunday because of abuse and new husband and problems there
answered on Feb 10, 2023
The Georgia code states:
5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected... Read more »
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... Read more »
answered on Feb 5, 2023
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... Read more »
Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »
answered on Feb 1, 2023
The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... Read more »
Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »
answered on Jan 27, 2023
I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »
answered on Jan 27, 2023
If neither of you have filed for divorce and been awarded certain property on a temporary basis, then each of you have access to the camper and can use it as you see fit. Only by filing for divorce and asking to be awarded the camper on a temporary basis, can the court award you with exclusive use... Read more »
We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless
answered on Jan 12, 2023
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.
I live in Savannah Georgia how much would it cost to get a divorce
answered on Jan 8, 2023
If you can show the Court that you’ve exhausted all reasonable efforts to find him, then you can serve him by publication. The divorce would likely cost around $2500.
For more information visit my website at www.LevinLawyerGa.com
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.
