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Adriana Arguelles de la Torriente

Adriana de la Torriente’s Answers

155 total


  • I would like to file for divorce, but I am a non US citizen living in my home country. How can I do this?

    I have never obtained residency in the US and I have been married for 3 years to my wife. We have never lived together longterm because we always lived in different countries. However, we wanted to be together and tried to make a long distance mar...

    Adriana’s Answer

    You would need to file in the state where your wife resides. Does she live in Georgia? If so, you can file in the county where she resides. The US courts are open to non-residents so just because you live abroad does not mean you cannot file a case. I would recommend contacting an attorney in the area where your wife lives.

    Good luck!

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  • Ex husband not following the court ordered divorce decree. He keeps me out of all the kids extra curricular, & medical decisions

    Decree states he is to inform me within 48 hours of any/all emergency, unusual events. He doesn't. My on child just recently had shoulder surgery that I was not allowed to be a part of. He never even told me my child was injured or how my child...

    Adriana’s Answer

    You should consider filing a petition for citation for contempt because he is not following the order. I am especially troubled that he did not share with you that your child went into surgery.

    Yes, you are still responsible for paying the 20%. If you do not pay the amount owed within thirty days, he can file for a petition for citation of contempt. However, it would be an excellent defense that you he accumulated bills for several months before he presented them and then expected you to come up with several hundred dollars quickly-- that is not fair. And I think that a Judge would agree it is not fair. If he sends you bills late, then I would recommend sending him a letter letting him know that you intend to pay your portion but that you need X days to pay the bill. Make a good effort to pay within 30 days and also remind him that he needs to provide receipts as soon as he gets them.

    I cannot stress how important it is to practice good record-keeping in cases like this. I would recommend keeping track of invoices that he has sent you on a spreadsheet such as free ones on Google Drive.

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  • How can i divorce my wife who is an American national and I am an Indian nationality staying separate since last 4years.

    Hello Sir/Madam I was in Atlanta in 2010.I met a girls there we were going around for atleast 4months and we decided to get married,she had two children form her boyfriend.So i got married to her in 2011.First one month was going very smooth the i...

    Adriana’s Answer

    Because you are living in India, it would be best for you to hire an attorney in Georgia to handle the divorce for you but it is not necessary. You would file a complaint for divorce in the county where she resides. The Sheriff would serve her with the complaint. She then has thirty days to answer the complaint. If she does not file an answer, you can ask the Judge to enter an order of divorce. If you do not know where she is living, then you should strongly consider hiring an attorney because you will need to serve her by publication.

    I am assuming that there is no marital property since it seems you were together for about a month before separation. However, you should discuss this with any attorney before filing.

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  • I want custody of my 15 yr old son? Do I get a lawyer from TN where the divorce was final or in AL where he currently lives?

    I live in GA (since 2003); my ex-husband lives in AL (since 2012); our divorce was finalized in 2005 in TN. We have a permanent parenting plan that we have not followed. We have three children. The two older children (daughters) were raised by me...

    Adriana’s Answer

    If neither of you live in Tennessee, then its probably not Tennessee. If the last order on the issue of custody gives you custody then you would file here. If Father has custody by way of an order, then you will have to file in Alabama.

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  • Can I file contempt against my children's mother who is the non-custodial parent for violating our court ordered parenting plan?

    In 2009 I was awarded primary custody of my 2 children. Although a child support was determined by the court, I was not awarded children support because their mother was to have "extended visitation" which included every other weekend and the en...

    Adriana’s Answer

    Your best route is to file for a modification of child support. Child support can be modified if the non-custodial parent is not exercising their court ordered visitation. See OCGA 19-6-15(k). You would want to gather all the evidence of weekends where she did not exercise her visitation. For example, emails where she says she is not visiting this weekend, etc.

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  • My girlfriend is being stalked by her ex-husband of 10 years ago. What can she do?

    My girlfriend was divorced from her husband 10 years ago. He is ordered to pay child support, but he is self-employed so wage garnishment isn't possible. He is also ordered to pay half of the kids' medical bills and pay for health insurance. He re...

    Adriana’s Answer

    • Selected as best answer

    Your girlfriend can file a petition for citation of contempt. If the court finds that by failing to pay support he is violating the court's order, then he can be found in contempt. Typically, Judges will require him to pay an amount to avoid jail and then allow him to make payments on the arrearage. The medical bills are also child support so the same applies. Also, interest accrues on child support.

    With respect to the medical bills make sure that she has clearly provided him with receipts of expenses and a request for him to pay. Telling him "I took our child to the doctor and the co-pay was $25. Please pay your half" is probably not sufficient unless she provides him with a receipt. (Depends on the way the order is drafted). See the link below to our firm's website with additional information on medical expenses.

    With regard to the stalking, your girlfriend can potentially file for a Family Violence Protective Order often called a Temporary Protective Order (TPO). Stalking is tricky. Definitely an absurd number of texts in a short time period would likely be evidence of stalking. But if he texts her three or four times in a day and it is always disguised as dealing with the kids, then it would be hard to prove. I recommend that your girlfriend speak to an attorney. The petition for a protective order is available through the Georgia Superior Court Clerk's Cooperative Authority.

    I wish you and your girlfriend the best.

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  • Is this contempt?

    My divorce has been final for about 3 years. We have a parenting plan in place for our 2 minor children. I am the primary physical custodian, my ex husband gets 2 weekends per month for visitation. This is my concern: The parenting plan state...

    Adriana’s Answer

    Yes, a judge would likely find that he is in contempt. Make sure that you provide him the receipts in addition to requesting payment. I would recommend putting it all in one email (if he uses email) with the scanned receipts attached and the child support order/addendum reminding him that he needs to pay within thirty days. Reference in this email the other emails and texts you have sent. Provide him a deadline to pay you and if he doesn't, then file for a petition for citation for contempt. I typically do not it makes financial sense to hire an attorney to recover money due in a contempt since most people can handle it themselves.

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  • Divorce settlement says wife will vacate premises on 23rd day of Dec. 2014. What are my options to get her out?

    We got a finalized divorce on Sept. 23, 2014 in the Superior Court of Cobb Co. File NO.14-1-5840-48. She agreed to vacate the home within 3 months. She was hospitalized twice within that time period. Released the 2nd time, and came home 12-24-20...

    Adriana’s Answer

    A petition for citation of contempt is usually the best option in this case but to be successful, you would have to show that she willfully violated the court's order. If she was hospitalized at the time she should have vacated, it would very hard to show that she willfully violated the court's order. Plus, pushing it would make you look like the "bad guy". I recommend sending her an email or a certified letter reminding her that she was to leave the house by December 23rd. Provide an extension of a month or whatever you are comfortable with and if she does not comply, then consider filing a contempt. Good luck.

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  • Property and Divorce

    If our divorce decree ordered my husband to attempt to sell our home (which was never in my name) and split the proceeds with me but instead quitclaimed an interest to his father, and took out a home equity line of credit for the entire value of t...

    Adriana’s Answer

    You should contact a family law attorney to review the divorce decree and/or settlement agreement in your divorce. You may be able to file a petition for citation of contempt which would require him to comply with the order requiring him to split the proceeds.

    I strongly encourage you to schedule an appointment with an attorney. When you come for the consultation, you shoudl bring a copy of the Final Judgment and Decree of Divorce and, if you settled the case via agreement, you should also bring a copy of the signed Settlement Agreement.

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  • Divorce Decree Modification

    I was granted a divorce in the state of Alabama for three years now. In the decree it states that I am entitled to 50% of my ex spouse retirement. Recently I received a letter from DFAS (Department of Accounting Services), stating that my applica...

    Adriana’s Answer

    You might want to contact an attorney who handles retirement benefits. Those are usually governed by federal law. I would contact Matthew Lundy or Emily McBurney.

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