Its likely that he will be sent a notice requiring him to appear in court if they decide to charge him with an offense. Although, they are able to issue a warrant for his arrest at a later date, that is generally not what happens if an arrest is not made at the time of the incident. You can always contact the appropriate jurisdiction to determine if he has any outstanding warrants or to inquire as to whether or not they are going to bring charges against him.
The answer to your question is possibly; there are a number of factors that determine if you would entitled to temporary spousal support. Please fee free to give me a call to discuss your case further. I offer free phone consultations and would love to speak with you, you can reach my office at (404) 585-7712.
I look forward to hearing from you,
Kairi Smith Gure, Esq.
You need to file a Complaint for divorce in the county that you live in. If you all live in different counties you need to file in the county where your husband lives. Filing the divorce complaint will get the process started. My office offers free consultations, give us a call and we will be more than happy to explain the process to you. Best of Luck!
If his wife is willing to consent to jurisdiction and venue he can file the divorce in the Georgia county that he lives in. If she will not sign the consent documents to do so he would have to file the divorce in the appropriate New York venue.
It is possible that the state of South Carolina imposes additional requirements to have your drivers license reinstated that you would have to comply with, because laws very from state to state. You may want to speak to a South Carolina licensed attorney to find out exactly what you need to do. Good Luck!
There are a lot of details I would need to know to be able to give you a definitive answer, generally speaking if he has the ability to continue to support the household then that is what he should be doing as you all are still married. The best thing for you to do is take some action very quickly! Feel free to give me a call to discuss this matter further, my firm offers free consultations.
Your divorce will still proceed as it would if he were a permanent resident, you would still be entitled to an equitable division of all assets and debts. If his current visa status is just temporary he will have to deal with the potential immigration status issues that may be caused by the divorce, not you.
You will not be able to file your divorce as an uncontested matter as you and your husband are not in agreement on how to dissolve all issues regarding assets, debts, and custody and support of children if there are any. Feel free to contact my office to discuss the different payment options that we offer.
Technically the money is exempt from being garnished regardless of what type of account it is in. The problem is that if the creditor that holds the judgement against you actually garnishes the funds, you will be in the position of trying to prove that all of the funds were from your pension to get them back and that may be a very hard and time consuming thing to do.
To answer your question more fully there are questions that I would need for you to answer. 1. Are you married (legally) to your husband? 2. Do you have any means to support yourself?
In the state of Georgia there is no common law marriage, therefore, if you and your husband were not married legally you would not be entitled to alimony. In addition to that, when a GA court makes a determination of alimony they consider the length of the marriage, the needs of the party requesting...