Adriana Arguelles de la Torriente’s Answers

Adriana Arguelles de la Torriente

Decatur Child Custody Lawyer.

Contributor Level 10
  1. My ex refuses the money she was awarded in our divorce decree of May 2013,she sends my payments back&threatens contempt charges!

    Answered almost 2 years ago.

    1. Adriana Arguelles de la Torriente
    2. Darrell Brinnett Reynolds Sr.
    2 lawyer answers

    I agree that you should stick with your current attorney. If the court did not state an exact payment plan then you are probably ok if she files for a contempt. Keep sending money but I would ensure that you have a paper trail. You should consider sending it through bank's bill pay option so you show that that you are sending checks and if she returns them to you uncashed then you need to keep them as evidence.

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  2. Child support modification/custody... can I request to have equal custody as the custodial parent? My child is not yet 14.

    Answered over 1 year ago.

    1. Daniel Ellis Rice
    2. Adriana Arguelles de la Torriente
    3. Andrew A Bestafka
    3 lawyer answers

    I think what you meant to say is that you and your ex share joint legal custody and physical custody of the children (one person cannot have joint custody by themselves) and that she has final decision making authority if you two cannot agree. First, to modify custody you will need to show that there has been a change in the conditions and circumstances of the children or the parties. For example, the children's grades have deteriorated or improved; a parent has been arrested; a child...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How does a prison inmate get a divorce to their spouse that cannot be located?

    Answered over 1 year ago.

    1. Adriana Arguelles de la Torriente
    2. Lee William Fitzpatrick
    3. Curt Perri Bogen
    3 lawyer answers

    He needs to hire an attorney. It is ridiculous for him to be getting legal advice from his counselor. The wife is not going to sign any papers until a case has been filed. If he wants to get divorced, he can mail the complaint and associated documents to the clerk of superior court in the county where the case is proper along with the requisite fees for filing and request that the sheriff serve her. If the sheriff can't serve her (no address, not there, etc) , then he can file a motion...

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  4. What can I do if my schedule conflicts with my soon to be ex husband with visitation and now having going to go court?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Patrick Lehmon Meriwether
    3. Adriana Arguelles de la Torriente
    3 lawyer answers

    First, it is important to understand whether that mediated agreement has been converted into an order of the court. If if is then, you might find yourself in contempt. However, if the mediation center is not allowing more than two hours at a time then that is an excellent defense to any contempt they might bring with regard to the amount of time. Second, if that agreement has not been made an order of the court then they cannot find you in contempt but they can move to have the...

    4 lawyers agreed with this answer

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  5. Hello I am trying to file a divorce. My husband and I have one child together and I doubt he will waive his rights as a father?

    Answered about 1 year ago.

    1. Adriana Arguelles de la Torriente
    2. Darrell Brinnett Reynolds Sr.
    3. Howard M Lewis
    4. Glen Edward Ashman
    5. Charles Vincent Crowe IV
    6. ···
    6 lawyer answers

    His abuse is certainly a factor in the equitable division of the property. Conduct of the parties is admissible in equitable division of property. Wood v. Wood, 283 Ga. 8 (2008). It is also relevant in determining custody and visitation. I am unclear as to your remark, "I doubt he will waive his rights as a father?". Do you want the court to terminate his rights? In my experience, that is seldom done absent a dependency case.

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  6. How to get a low-cost divorce quickly?

    Answered 6 months ago.

    1. Adriana Arguelles de la Torriente
    2. Glen Edward Ashman
    3. John Taylor Hopkins IV
    4. Emily Su-Hwa Yu
    5. Daniele C. Johnson
    6. ···
    6 lawyer answers

    Getting divorced on your own should not be terribly difficult since your husband is incarcerated-- it's pretty easy to get someone served in jail and it's not like a judge is going to give him custody of your child if he is in jail. However, some of the other facts of your case make things rather complicated. First, you had a child with another man while you were still married. You need to make sure that you get that addressed in your order from your divorce that your husband is not the...

    4 lawyers agreed with this answer

  7. How can I get a free divorce?

    Answered almost 2 years ago.

    1. Patrick Lee Jarrett
    2. Adriana Arguelles de la Torriente
    3. John Arnold Steakley
    4. Anneshia Miller Grant
    5. Torin D. Togut
    5 lawyer answers

    Both Fulton and DeKalb counties provide forms for divorce. DeKalb County also provides 30 minute consultations with an attorney at a nominal cost. I've included their link below. I would caution you on doing this on your own. At the very least you should speak to an attorney. Just because property is not tiled in both of your names does not mean that you do not have an equitable interest in that property.

    4 lawyers agreed with this answer

  8. How do I file for discovery, Family Law

    Answered over 2 years ago.

    1. Adriana Arguelles de la Torriente
    1 lawyer answer

    Typically in Fulton County domestic cases, the parties are both required to engage in mandatory discovery. You should have received a packet when you were served with the complaint or if you are the Plaintiff when you filed your case. The packet explains what each party needs to produce to the other side. Typically, discovery is exchanged at the 30 Day Conference since you have either 30 or 45 days (depending on service of complaint) to provide discovery. You should consult with an...

    4 lawyers agreed with this answer

  9. How long does an attorney have to provide me with the papers for me to sign so they can be sent to the judge so he can sign

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Adriana Arguelles de la Torriente
    3. Darrell Brinnett Reynolds Sr.
    4. Reid A Seino
    4 lawyer answers

    I would contact opposing counsel two weeks from the court date if you have not received the papers. I agree with the other attorneys that not enough time has elapsed for you to be concerned.

    3 lawyers agreed with this answer

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  10. If I file my legitimation witout a lawyer. just to get it started. Will be able get one later?

    Answered about 2 years ago.

    1. Adriana Arguelles de la Torriente
    2. Daniel Ellis Rice
    3. Melissa Nicole Hawkins
    4. Emily Su-Hwa Yu
    5. Glen Edward Ashman
    5 lawyer answers

    I would encourage you to speak to an attorney before fling even if you are unable to retain. Our firm (and I am sure others do too) provide an initial consultation at a significantly reduced rate. I would also encourage you to take advantage of the assisted self-help options available in both DeKalb and Fulton Counties, if you are a resident of either county. In DeKalb, the Family Law Information Center provides discounted 30 minute consultations. They also have instructional packets for...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful