Get free answers to your Divorce legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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 13, 2023
A guardian ad litem can always be assigned in a case involving a custody dispute to help the court determine what is in the best interests of the children. But without a guardian ad litem, children of a certain age can make an election and state in writing, which parent they would like to live... View 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... View 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... View More
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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... View 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... View 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... View 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... View 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... View 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... View 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
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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.
Was married for 7 days
answered on Dec 28, 2022
Most lawyers likely charge the same price for an annulment as a divorce. The price can vary significantly on a case by case basis.
A reasonable range is probably between $2000 and $4000 for something fairly basic.
For more information visit my website at www.LevinLawyerGa.com
Was married for 7 days
answered on Jan 27, 2023
You would first need to speak directly with an attorney to determine if you qualify for an annulment, because the length of a marriage is not one of the grounds for annulment. Once you determine if you qualify for an annulment or a divorce, that attorney can then help you with filing the proper... View More
Is there any type of emergency order I can file for parenting time with him?
answered on Dec 24, 2022
It sounds like you need a Temporary Hearing to set up visitation until the Divorce can be finalized. The court can set a time/date for a temporary hearing.
For more information, visit my website at www.LevinLawyerGa.com
I spoke with legal counsel this morning and they informed me that I should reach out to Florida attorneys as they have no jurisdiction and can’t serve her since she lives in Florida.
answered on Dec 15, 2022
If this is an uncontested divorce without children, i.e., you are in agreement on all issues, then you could file in Georgia and she could sign a waiver of jurisdiction and venue. If it's a contested divorce or the children are in Florida, FL has jurisdiction.
I left the home five months ago. He refuses to talk about the divorce or any division of property until after the holidays. But suddenly he wants to start paying the mortgage. And was quite adamant about it. What can he take from me? We are hardly high asset
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answered on Dec 14, 2022
I'm not sure what benefits he's getting, or what you're concerned about him taking from you, but no one can answer a specific question without reviewing your financial situation and assets and debts. Part of the divorce process is having your attorney review that information and then... View More
Or representation and having issues with being told that I were to pay child support and kids are in the custody of State and that I have no visitation rights how is these things possible when I wrote a letter notarized letter stating that I needed time to prepare for this civil matter while I was... View More
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answered on Dec 11, 2022
The court is not required to wait until you are ready. You need to hire an attorney immediately to represent your interests. A letter isn't able to be used to stop or slow down the case.
In GA, I was told that spousal support and other financial responsibilities are not on the table during divorce when the married couple has no biological children together.
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answered on Dec 3, 2022
What you were told is not true. Spousal support is not dependent on children being born and raised during the marriage. It is the spouse's need and the other spouse's ability to pay, among other factors.
His stuff can I throw it away?
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answered on Nov 26, 2022
This depends on what your divorce decree says. Your divorce decree probably gives him a deadline by which to get his belongings. If I were you, I would reach out to his family again with a drop dead deadline and tell him that you will get rid of the belongings by a certain date if they do not come... View More
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answered on Nov 9, 2022
The class is required for all divorcing parents of children. However if the decree gets signed without one party having taken the class, that does not invalidate the divorce.
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