Samuel Jackson Siemon’s Answers

Samuel Jackson Siemon

Alpharetta Divorce / Separation Lawyer.

Contributor Level 6
  1. What can I do legally if another woman keeps contacting my husband after I have told her not to?

    Answered over 1 year ago.

    1. John Arnold Steakley
    2. Samuel Jackson Siemon
    3. Allen Rust Knox
    4. Aaron Scott Hill
    4 lawyer answers

    This is a question that comes up every once in a while and does on occasion lead to divorce. Phone calls, text messages and private messages on Facebook can be big problems in this modern time of easy instant communication. The simple answer is, if your husband does not want her to stop contacting him, she can continue to communicate with him and there is nothing you can do to stop her. In the past, you would have had two legal options and NO, I am not referring to a showdown at high noon....

    4 lawyers agreed with this answer

  2. My husband and I are planning on divorce. His assets are under his parents name and he earns as much as I do. Can I claim any?

    Answered over 2 years ago.

    1. Samuel Jackson Siemon
    2. Ikemesit Amajak Eyo
    3. Shalamar Junna Parham
    4. Glen Edward Ashman
    4 lawyer answers

    I believe the question that you are asking is, do you have any claim to assets that are in your husband's parent’s name. The short answer to that question is no. That being said, if you can show that he transferred those assets to his parents to avoid dividing them in the divorce, the court could offset those assets from other marital assets or order him to reimburse you for the value of those assets. To fully answer this question, we would need to know more facts about your situation.

    4 lawyers agreed with this answer

  3. Parenting plan?

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. Samuel Jackson Siemon
    3. Eric Drew Dell
    3 lawyer answers

    Here in Georgia, a parenting plan has been required in all divorces involving children since 2007. So, if the divorce is final, there is a parenting plan on file and you should be able to get a copy from the clerk's office. A parenting Plan is a legal document that exactly defines each parent's custody and visitation rights. It will cover each day of the month for every year that the child is under age 18 or still enrolled in high school up to age 20.

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  4. My wife wants a legal separation but ga doesn't have 1 so i'm not moving out. am i required to pay bills that don't have my name

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. Ikemesit Amajak Eyo
    3. Samuel Jackson Siemon
    4. Patricia Dee Shewmaker
    5. Michael N. Soucy
    6. ···
    6 lawyer answers

    This is a sticky question. The court has the ability to divide all debts that are marital, essentially meaning debts that were acquired during the marriage. If you stop contributing to marital debts that are rightfully jointly owed then you might be penalized by the court in the final division of property. the best advice is to ask yourself if you think you are being fair and reasonable when making these decisions.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I have a 401k and pension. my husband doesn't but doesn't want part of mine in divorce. is this legal?

    Answered over 1 year ago.

    1. Rachel Aliza Elovitz
    2. Adam Kielich
    3. Samuel Jackson Siemon
    4. Lee Alan Thompson
    4 lawyer answers

    The quick and easy answer is YES, if your spouse agrees, you can keep your pension and your 401K all to yourself. As usual though, I am also going to give you the long answer. In Georgia, we divide marital property equitably. Marital property is any property that was acquired during the marriage with the most common exceptions being gifts or an inheritance received by one spouse individually. Although, those can also become marital if they are comingled. 401K accounts and pensions are...

    2 lawyers agreed with this answer

  6. I got married in my country, can I file for divorce here in the US?

    Answered about 2 years ago.

    1. Daniel Ellis Rice
    2. Samuel Jackson Siemon
    3. Irene Vaisman
    3 lawyer answers

    Jurisdiction and venue are the legal concepts that determine where a case must be filed. Jurisdiction determines the state and the court that has the power to hear a case. Venue determines the county within the state that has the power to here the divorce. Within jurisdiction there is subject matter jurisdiction and personal jurisdiction, among others that do not need to be discussed at the moment. Subject matter jurisdiction, for the purposes of this discussion, means the type of...

    2 lawyers agreed with this answer

  7. Ending a three year marriage in Georgia or Massachusetts - which is better for debt distribution

    Answered over 2 years ago.

    1. Ikemesit Amajak Eyo
    2. Glen Edward Ashman
    3. Samuel Jackson Siemon
    3 lawyer answers

    You have not really given us enough information to determine if you in fact have a choice. Likely, only one of the states will have jurisdiction to grant the divorce. If by chance you could pick a state, I would talk to lawyers in both states and see what advice you get before making a decision.

    2 lawyers agreed with this answer

  8. How do you determine jurisdiction?

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. Samuel Jackson Siemon
    3. Ikemesit Amajak Eyo
    4. Rachel Aliza Elovitz
    4 lawyer answers

    The question of Jurisdiction can be a very complicated one. As a general rule a person has the right to have any civil lawsuits brought against them in the state and county where they reside. Of course there are exceptions to this rule and the issue of "where they reside" can be rather subjective and up for argument. For example, if your wife is just on an extended vacation in Florida, then she still resides in Georgia for the purpose of jurisdiction. If she moved to Florida in 2011 and...

    2 lawyers agreed with this answer

  9. Exclusive Use of Marital Home

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Michael Shane Welsh
    3. Samuel Jackson Siemon
    3 lawyer answers

    The marital home can be a huge liability in a divorce these days, the housing market is recovering here in Georgia but many homes are still underwater. Your question also raises a very common issue, what happens when my ex-spouse is ordered to pay bills that are in my name and fails to do so. In a divorce the court must decide which spouse is going to continue to live in the marital residence, which spouse is going to pay the mortgage, how any equity or shortfall will be divided and how the...

    1 lawyer agreed with this answer

  10. Can I get some alimony?

    Answered about 2 years ago.

    1. Samuel Jackson Siemon
    2. Benjamin P. Cloward
    2 lawyer answers

    In Georgia, the award of alimony is very subjective. Unlike child support, which is based on a spreadsheet calculator, alimony is based on the subjective concept of need and ability to pay, as well as other factors such as length of marriage and conduct of the parties. Alimony in Georgia is usually considered to be rehabilitative, meaning that its purpose is to help support someone while they work towards becoming self supporting. Therefore, the length of time alimony payments are to continue...

    1 lawyer agreed with this answer

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