770-822-9991
There is nothing that prohibits the two of you from having the same address; however, you do have to remain separated. Essentially, that means you cannot be sleeping in the same room or having sexual relations with each other. If we may be of assistance you may visit our website at www.bigdawglaw.com. 770 822-9991. Chris Adams
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Who stays in the marital home is up to the judge. They will look at a variety of factors but would never subject a child to being homeless. many times, they will order the husband to provide living expenses to you if he is to stay in the home so that you may arrange an apartment or other suitable living arrangements.
I can't tell you the number of times I have needed to fix the problems from a divorce that was drafted without an attorney. I am always amazed at how we wouldn't dream of performing an operation on ourselves or rebuilding the engine in our car but we are convinced we can use some forms from the internet to get divorced. if you are indigent, contact your local pro bono project. If you are not, it will be a wise investment to hire counsel.
You should contact the Gwinnett Pro Bono Project :180 Camden Hill Road Lawrenceville, GA 30045 Phone: 770-822-8599 Fax: 770-822-8552
Your disagreement is on the most important and emotional issue of a divorce. I suggest that you have a skilled attorney file an action but set the case up for mediation with a certified mediator who has a good track record of facilitating agreements. You will be glad in the end that you made such an investment.
The filing of a Separate Maintenance action will allow the two of you to remain married but have a court order that outlines and mandates how the two of you are to handle issues such as custody, visitation, child support, division of debts, division of assets, alimony, and insurance. It is a rather sophisticated series of documents and I highly advise you to seek counsel that is familiar with the process.
This is a perfect example of how an attorney could be of great assistance in having the court set a court date that must be complied with. In similar situations, I have deposed their treating physician who was not able to give a compelling reason as to why the person should be excused and the court forced them to appear.
No, there is nothing unlawful about remaining married unless you tried to marry someone else without getting a divorce first. I will caution you that if you remain married, you may expose yourself to any debts he may run up that are in both of your names.
I think it matters as to whether or not this topic was considered within the divorce litigation or not. If she was ordered to repay that debt or remove it from your name, then she could be held in contempt of court for failing to follow the court's order. If this is something you did on her behalf after the divorce (not sure why you would) then it is a new contract that you would need to bring a lawsuit on. My suggestion is to send a certified letter telling her she has ten days to remedy the...
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Typically, that issue is addressed in the Settlement Agreement as to who retains custody and control of the home and when his move out date would be. If not, I suggest you contact your attorney asap so that you may resolve this issue befor it gets worse after the divorce. Chris