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Samuel Jackson Siemon
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Samuel Siemon’s Answers

40 total

  • My wife of 25 years is asaking for a divorce

    I am presently unemployed with no income

    Samuel’s Answer

    Division of Property

    In Georgia, we divide marital property and debts equitably. Marital property is anything acquired during the marriage unless it was a gift or an inheritance. The question of what is equitable is up to the divorcing parties to agree to or for a court to decide after hearing all of the relevant evidence.

    In most long term marriages, almost all if not all of the assets and debts will be marital. As I stated before, anything acquired during the marriage is marital and subject to division, no matter whose name is on the asset or debt. For example, if you have a credit card in your name only, the debt on that card is marital. If you have a car titled in just your name, that car is marital if it was purchased during the marriage unless it was purchased with money you had in a separate account before the marriage or received as a gift or inherited and kept in a separate account.

    Marital property will be divided equitably, meaning fairly. But, the court's definition of fair and yours might not be the same. The court will view both you and your spouse as a marital unit and will believe that anything acquired by that marital unit belongs to both of you equally. So, the starting position for equitable division is that both parties will receive half of all the assets and debts. Then, the court can decide based on certain facts or the conduct of the parties if 50/50 is actually fair. However, saying I earned most of the money, is not going to be a good argument for receiving more in the division.

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

    I met and married my spouse in Germany, that is where I am from. I have been married for 4 years now but ever since we moved to the States my spouse has been abusive to me and abandoned me a couple of times. He as well lacks to financially suppor...

    Samuel’s Answer

    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 case a court can hear. In Georgia, the county superior courts have subject matter jurisdiction over divorce cases and the superior courts of the state you and your husband live in have personal jurisdiction over you.

    But, which Superior court in Georgia has the power to hear your divorce? We turn to venue to answer this question. Venue is proper in a divorce case in the county where the defendant resides.

    So, the answer is, you can file for divorce against your husband in the superior court of the Georgia county where your husband resides.

    For more information, please see the links below:

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  • I usually work out of town but now mi unemployed for about mo now wife is cheating on me can she just kick me out of the house ?

    my wife is cheating on me i have a 11 year old daughter with her but now she just told me shes kicking me out tomorrow . can she do that i have no place to go right now and im afraid to leave my daughter

    Samuel’s Answer

    This is a very common question. When a marriage falls apart it can be very uncomfortable living under the same roof and this inevitably leads to the question of which party is going to move out.

    The Marital residence belongs to both the husband and wife. Therefore, neither can force the other to leave without a court order. To get that court order you are going to need to have a hearing in front of a judge. This hearing would either be a temporary or final hearing in a divorce action or under a petition for a Family Violence Protective Order.

    People sometimes ask, what if the other spouse owned the home before we were married or what if the house is just in the name of the other spouse? These facts do not change the answer. Both parties are entitled to remain in the marital residence until the other is granted exclusive use and possession by a court order.

    Of course, the parties can always agree on this issue. They may decide that one spouse has an obvious place they can stay until the divorce is final.

    For more information, please see the links below:

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  • Need some advice on the steps of a divorce procedure

    no child support no time spent with child age 17 . I've been married almost 18 years.I want out of marriage

    Samuel’s Answer

    Good Morning, I have posted a legal guide here on AVVO to answer this question. Please see the link below.

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  • I want to voluntarily either terminate or surrender my rights to my daughter through the process of adoption. How do I do this?

    My ex-wife's father or her aunt/uncle have agreed to adopt my daughter. My ex wife has agreed that if I do this, I will no longer have to pay any back child support, or any future child support. I need to know how to start this process, and the...

    Samuel’s Answer

    The Lawyer or agency handling the adoption will provide the surrender forms for you to sign. You should know that the adoption will not relieve you of your obligation to pay your child support arrears.

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  • Can YOUR SPOUSE BE IN CONTEMPT OF COURT FOR OT GOING TO MEDIATION ?

    my SPOUSE ARE REFUSING TO COME TO MEDIATION . WHAT WILL HAPPEN ?

    Samuel’s Answer

    As with most issues in law, it depends. Contempt is available as a remedy if someone is violating a court order. But, there must be a court order in place to violate. So, if your mediation is court ordered then the answer is yes, otherwise, no.

    From a practical standpoint, most courts will happily issue an order to mediate by a certain date if either side asks for one. When we feel that mediation could be helpful and the other side will not agree to mediate, we usually file a motion to order mediation and it is almost always granted.

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  • Parenting plan?

    The only papers that my finance received from the court was the divorce decree and he had to call to clerk of court to get that . He was never served with papers , and actually missed the actual court because of this . Should his e's lawyer hav...

    Samuel’s Answer

    • Selected as best answer

    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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  • Do you need a valid Drivers license to drive a Moped in the state of Georgia

    My relatives license is suspended due to a DUI .

    Samuel’s Answer

    Attorney Steakly is exactly right, This is a common mistake. To take the point further, under the language of the statute, golf carts are motor vehicles, meaning that you can get a DUI on a golf cart.

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  • How would the other party request cell phone records in the state of georgia

    I have filed for divorce and have had a temporary hearing already. Does the other party have to notify me for any cell phone records or can they just request them from the cell phone company with out notifing me

    Samuel’s Answer

    Your Spouse has two options, they can request them from you or they can send a non party discovery request (a subpoena) directly to the phone company. Either way you would be notified.

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  • Now that he's been served my divorce papers if he files a response and agrees to everything Im asking for what happens next?

    My soon to be ex just got served my papers recently. If he agrees to everything Im asking for which he was not before I filed and he files a response agreeing to my terms with the court what will happen next? Do we not go to court?

    Samuel’s Answer

    The Answer to your question depends on the County and even the specific judge assigned to your case. Your spouse is not required to file an Answer, signing the settlement agreement is all they need to do. Assuming that you are not represented by an attorney and you are in Fulton County, you would only need to take your signed settlement agreement and any other required documents, child support worksheets for example, to the 30-day status conference that was scheduled when you filed your complaint for divorce. At the 30-day conference the Judicial Officer will tell you what you need to do next if anything.

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