I have a mediation tomorrow and my NHL hockey pension will depend on the mediator's view of when common-law began.
answered on Jun 7, 2023
19 COLONIAL RECORDS OF GEORGIA, 1774-1805 (Pt. 2) 290-92 (Candler ed. 1911). Declares that the common law of England is in full force and effect unless it is inconsistent with the Georgia constitution, laws, and form of government.
Hornsby v. Smith, 191 Ga. 491, 13 SE.2d 20 (1941). Holds... Read more »
Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.
As joint owner, Is she within her rights to change the locks? Or... Read more »
answered on May 18, 2023
Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... Read more »
Ok, so here is the story:
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... Read more »
answered on May 17, 2023
In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... Read more »
Ok, so here is the story:
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... Read more »
answered on May 17, 2023
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... Read more »
I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... Read more »
answered on May 16, 2023
The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... Read more »
answered on Apr 24, 2023
The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... Read more »
My daughter’ father was arrested, awaiting trial with pending charges from another counting, five counts of sexual exploitation of a child. It’s been hard for my daughter. I have been separated from my husband for nine months for the well-being of my daughter, since father’s arrest, she... Read more »
answered on Apr 21, 2023
A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... Read more »
I felt pressured into leaving my there was no respect in the home
answered on Apr 18, 2023
Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and... Read more »
Divorcing after 23 years due to repeated infidelity, domestic abuse. Spouse wants me to leave our rented home with an uncontested divorce. 3 grown kids, 2 still at home. Husband wants me to leave marriage with a few decorations, my cloths, and take on a car note in his name (car I have driven and... Read more »
answered on Apr 6, 2023
They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.
Invest in a lawyer to walk you through this process, as the costs will escalate if you make... Read more »
No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?
answered on Mar 27, 2023
Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... Read more »
I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.
answered on Mar 26, 2023
It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... Read more »
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
Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... Read more »
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 20, 2023
I think you would greatly benefit from hiring an attorney. It sounds like you have a contested divorce if your spouse is unwilling to even move out. And if you don't present your case properly, the Court could end up awarding her things you disagree with. But at your trial you should... Read more »
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 »
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 »
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