LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Ami,

Child support may continue until the child has graduated from college. Your husband's ex can apply to the Court to have child support continue until that time, but your husband has the right to present his own arguments as well. I would suggest that he consult with an attorney to get advice for his specific cir...stances.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Rtginga,

The first thing that would need to be determined is if she is legally entitled to the money. After that determination has been made, you can consult with an attorney to find out whether it would be considered marital property. You can find more information about marital property in Georgia here.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husbands daughter from his previous marriage will turn 18 on March 28, 2009. She is graduating high school and then going to college. His ex wife said he has to continue child support even thouhg she is living in a dorm at college till she graduates. It says in his divorce papers that "The husband shall make monthly payment to the wife for the care and support of the child in the amount of 300.00 payable by the 20th of the month befinning on July 20, 1994 but it does not say till a specific age, or joins the militay, gets married or dies or turns 18 like it does when insurance and visitation rights are addressed. His ex wife said he can pay off her car which she bought for her with out us knowing or continue to pay child support till the car is paid off. She applies his child support to pay his daughters car payment. Can she go to court to legally have his child support extended. We are paying 50% of all of her college but we can not afford to pay both. I thought child support was while the child is living at home and helps pay for food, clothes basic needs of a child. Thank you.

-- Contributed by: Ami Fitzpatrick

A family friend passed away. Before he died he put my wife on his bank account to assist in his affairs in case he became unable to care for himself. After he died, she closed the account and we put the money in a joint account. She closed that account and re-opened an account in her name only. Now she has filed for divorce. Am I entitled to any of the money?

-- Contributed by: rtginga

Michael,

According to Georgia divorce law, marital property will be divided equitably, no matter whose name is on the title. Please consult an attorney to get advice about your specific cir...stances.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My ex-wife purchased our house before we were married. It was my legal residence before we were married. I made $100,000 worth of imporvements over the next 5 years. She also did a re-fi while we are married. I paid monies towards our mortgage every month. Do I get any of those imporvements in a seetlement? My name is not on the loan or the deed to the home.

-- Contributed by: Michael Schwartz

Travis,

You can file for divorce where you live (in this case, GA) and arrange to have your wife served with the papers in Tennessee. Here is a link to some more information for you about GA divorce:

http://www.divorcesource.com/info/divorcelaws/georgia.shtml

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I understand I can file for divorce in Georgia since I have lived here for almost 2 years. But, can I still do that given my children and and hopefully soon to be ex-wife live in the state of TN? I have tried twice to obtain a divorce in TN and the courts there keep letting her get away with not taking the parenting class or doing the parenting plan. This has cost me too much time and money. Plus, she absolutely refuses to speak to or see my children. I have not seen or spoke to them in over 14 month. I am hoping thru Georgia I might have a chance of getting custody of them. Thank you, Travis Forrester

-- Contributed by: Travis Forrester

Terri,

The court costs would include the fees paid when the petition for divorce was filed. Your lawyer will be able to tell you the exact amount in your case. Even if you were ordered to pay the court costs yourself, there is nothing stopping you and your former husband from deciding to split the cost among yourselves.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

What does it mean in the final divorce aggreement in Georgia "All court Costs Taxed against the Wife" the matter did not have to go to court because everything was agreed upon in mediation and signed. Nothing was spoken about during mediation about "court costs" or who would be responsible. Since both parties split the mediator fee, it was assumed we would both split whatever court costs there are. Please explain.

-- Contributed by: Terri

Anna,

I'm very sorry for your loss. Under Georgia law, if your father died without a will, his estate will be divided according to state law. At least one-third of his estate will go to his wife and the rest will be divided among his children. Until their marriage is legally ended by the Court, this woman is still legally his wife, no matter how long they had been separated.

An estate lawyer will be able to help you make sense of what this means in your situation. Please make an appointment to see one.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I'm not sure if you can help me with this or not. I'm trying to get some information together for my family. My father got married after a divorce with my mom to someone else. They were married for seven years. After three years of marriage she left for four years. My father recently passed away. Before he died he has spoken with a lawyer maybe two days before his death. He did NOT have any papers drawn up but he had told the lawyer what his wishes would be after his death because at the same time he was drawing up the divorce papers he was also going to draw up his will. Now that my father has passed away his "wife" is trying to take anything she can get. But after four years of being seperated, can she do that? Is there anything we can do to keep her from getting anything?

It would be helpful to find out something we can do about this. Thank you.

-- Contributed by: Anna

Brenda,

This article on filing for legal separation should answer some of your questions.

http://divorce.lovetoknow.com/Filing_for_Legal_Separation

A lawyer will be able to to advise you about your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I want to get a trail seperation from my husband but I dont know what I should do to get it? I have made some mistakes. We have been to a marriage counselor before. I have talked to a couple of men on the phone as well as emailing them. My husband doesnt like it but I have asked him to stop looking at porn on the internet but he doesnt. But yet what I am doing is wrong. We have 2 girls, one is 12 yrs old & the other one is 10 yrs old. What I need to know is what rights do I have?

-- Contributed by: Brenda Overstreet

La Shun,

Not knowing where your husband is is not a barrier to your filing for divorce. The Court can direct that he be served by publication (an ad will be placed in the newspaper for a certain number of days telling him that you have started divorce proceedings). You do have the option of getting a divorce without a lawyer. This article will give you some more information about representing yourself:

http://divorce.lovetoknow.com/Do_It_Yourself_Divorce

It would be a good idea to contact a family law attorney to make an appointment for a consultation. Then you can find out more about the cost and decide what is the best way to proceed in your situation. Please contact your local legal aid office to see whether you qualify for assistance.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I've been married for the past 5 years but my husband left the marriage 4 years ago. I do not know where he is. How do I go about getting a divorce. Because of money, is this something I can handle myself or do I need a lawyer?

-- Contributed by: La Shun Teboh

Karen,

A temporary support order is supposed to be made relatively quickly. You will find more information about them posted here:

http://www.cricketmag.com/pages_content.asp?page_id=6

The Court in Georgia can grant temporary child support and alimony. Please contact your lawyer to explain your situation and ask that this be done for you asap.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

How long does it take for the temporary hearing for child support, My lawyer told me the next date is mid April. I thought temp hearing was suppose to be within 30 days to help the custodial parent with child support until the final hearing. I will lose my home if I have to wait that long. Does GA have alimony pending litigation?

-- Contributed by: Karen

Lisa,

Attorney James Quigley answered a similar question as part of LTK's Ask a Divorce Lawyer channel. Here is his response: "...As it relates to grounds for divorce, I believe that the black letter definition of adultery requires a showing of voluntary sexual intercourse with an individual other than your spouse, so an â€œemotional affairâ€ would probably not constitute adultery."

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My spouse hacked into my personal email account and has some information that i'm afraid he'll try to use against me in our divorce. The info that he has contains "flirty" emails between myself and a friend. My question is, would he be able to use it in court considering the method that he used to get the info? Also, if it can be used in court, would that be considered proof of infidelity or adultery?

-- Contributed by: lisa

Shane,

In Georgia, marital property is divided equitably (fairly), not necessarily equally. If the two of you are not able to agree on this issue, then a judge will have to decide. Gifts or inheritances are generally not considered marital property but the fact that you built a house on the land which the two of you shared may make a difference in how the house and land are treated. A divorce attorney will be able to review the facts of your case and give you advice about the best way to proceed.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I am filing for a "no fault" divorce, but there is one issue that we cannot agree on. We both feel that we have equal right to keep the house and land. We built the house on a tract of land that was given to me by my mother before we got married. My spouse's name is on the deed along with my own. Is this considered marital property?

-- Contributed by: shane

Susan,

In Georgia, a judge makes a determination about how the property should be divided. If you have concerns about being found "at fault," please discuss them with your attorney. Georgia also offers the option of filing for divorce on the basis that the marriage has ended - a no fault divorce. This may be something for you to consider.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If I am found at Fault in my divorce under the "fault Divorces", will this fault on my behalf entitle my spouce to more of the property? Is property division based on fault grounds? Thank-you

-- Contributed by: Susan Thomason

Robin, it may be possible to have your marriage annulled, since you were only married for a short time. The grounds for annulment are:

Fraud or Misrepresentation Concealment Refusal/Inability to Consummate the Marriage Misunderstanding

Contact an attorney who can help you determine if you have grounds for an annulment in your particular situation.

-- Contributed by: JCRedmond

We have only been married for 2 months and he wants out. This is our second marriage for us both so there is not any issues with children or property. Would it make more sense to get annulment?

-- Contributed by: Robin Melton
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