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Sumner Earl Riddick II

Sumner Riddick’s Answers

3 total

  • Trying to get a divorce in GA.. how do I go about that if I can't afford a lawyer?

    I can't afford a lawyer and I'm needing to get to get a divorce.

    Sumner’s Answer

    You may qualify for free legal representation. You should check with your local Georgia Legal Services office to see if you financially qualify. Also, although we never recommend that you handle these matters without an attorney, depending on the complexity of your situation, you may be able to handle the case on your own. To that end, you can go to your local clerk of court and ask them to direct you to the legal forms that are required to handle a "pro se" divorce. Please note, however, that they cannot give you legal advice.

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  • In Georgia, can one reclaim maiden name while separated, prior to the divorce.

    Unable to afford an attorney due to the "ex" husband fighting everything-threatening contested divorce. I have been living on my own for almost one year now (home was owned by me prior to my marriage).

    Sumner’s Answer

    If you financially qualify, you may be able to get a free attorney through Georgia Legal Services or Atlanta Legal Aid to help you with your divorce. I doubt that a judge would allow you to change your name while you are still married to your husband. When you get a name change, you have to state in your petition that you are not changing your name for fraud, to avoid creditors, etc. A judge could be concerned that changing your name would complicate matters regarding other future potential legal matters, i.e. divorce, credit suits, etc. Finally, to change your name you would have to file a filing fee with the clerk of court and a publication fee to have the notice run in the newspaper. If you have money for those expenses, then you likely have money to file for divorce on your own, though it is always better to be represented by an attorney. Although they cannot give you legal advice, your local clerk of court can point you towards the documentation that you need to file for divorce.

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  • Divorce/Alimony

    10 Years ago I got court order that I have to pay my ex alimony of $1800.00 for 3 years which is $65,000 I only paid $22,000. The court order is from from California, I stopped paying her and moved to Georgia about 5 years ago. At this time I am ...

    Sumner’s Answer

    Yes, you still owe the money. You cannot disregard a court order. Failure to follow a court order can result in your being required to pay your former spouse's attorney fees for bringing a contempt of court action against you, statutory interest on the unpaid money, and possible incarceration. I am aware of no statute of limitations on any court order, but you might check with local counsel in the California to confirm one way or the other. Finally, she could also request a garnishment or income deduction for the monies owed.

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