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Georgia Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: I will be filing for divorce from my husband here in Ga, can I file and move to Va.?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 1, 2022

You need to speak with an attorney about your situation. If you have minor children, moving may not be best. If you don't, it may be possible for you to file and move immediately.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Should I create a Trust to control a C-Corp to control an LLC?

I've been researching the best way to set up business entities and this is the conclusion I have come to. Is this an appropriate structure? Thank you

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

Almost certainly not, unless this is a larger organization.

1 Answer | Asked in Divorce for Georgia on
Q: I am 72 years, my husband is divorcing me. How can I make him sign a LOAN MODIFICATION my mortgage bank I approved.

husband had a stroke in 2018 he has never been the same. I know that his mental capacity has changed because of this. I will lose my home. He has said he doesn't care. I will lose everything I have invested in this home. He now lives with his son . What can I do so the bank will approve the... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 30, 2022

You can't make him sign anything. You can request from the divorce court the ability to modify the loan.

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Video Editing for Clients in Another State | Tax Question

I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... Read more »

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What is the legal definition of "extra curricular activities "?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 29, 2022

Examples of extracurricular activities are piano lessons, sports, choir, band, etc.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 28, 2022

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can my spouse throw away my things while “cleaning” the bedroom or garage?

No one has filed for divorce yet and we have no children.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 25, 2022

Yes. Courts don't interfere in marriages unless a divorce or separation case has been filed.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: How does my husband go about adopting my daughter?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

I'm assuming your husband is your daughter's step-father. The biological and legal father's parental rights must be terminated as part of an adoption. These are very complicated matters that require representation by an attorney.

1 Answer | Asked in Family Law for Georgia on
Q: How can I apply for family kinship placement of a grandchild in foster care?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

You would contact the local county office caseworker or supervisor of DFCS who placed the child in foster care.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: both parties agree on change to custody and financial agreement of children. what needs to happen to be legally binding.

is there a form that cam just be filled out and signed by judge?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 24, 2022

There isn't one form. There are 6 different documents that need to be filed in order For this to be done correctly. You definitely want to hire an attorney to handle this, because if it is not done correctly, it could be more costly later o

1 Answer | Asked in Child Custody for Georgia on
Q: Should I still follows custody agreement if other parent not allowing me to know where my son will be staying?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 24, 2022

You have to follow the court order. If the other party isn't, you can file for contempt.

1 Answer | Asked in Child Custody for Georgia on
Q: Do I have to answer to interrogatories without a lawyer ?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 23, 2022

Yes, you do.

1 Answer | Asked in Divorce for Georgia on
Q: I was divorced 10/12/2018 (divorce decree) We were married 31 yrs. I received alimony, I am not sure when it ends

We were married in Pgh and divorced in Pa. My Ex is a Pilot with AA , he keeps saying it’s almost done, and other things to worry me, I thought alimony ended after 7 yrs . How do I find out?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 23, 2022

You have to get a copy of your divorce decree and / or settlement and it will tell you.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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