David A. Canale's Answers

Ex Spouse claiming children on taxes.

If your divorce decree states that you have the dependency exemptions, then he is clearly in contempt for filing his taxes and claiming one of the children. You need to file a contempt against him in the court that rendered the judgment and ask that he be held in contempt. I have been told by clients in the past that the IRS will kick returns back if two parents claim the exemption for the same child. I would strongly advise you to speak with a tax expert for additional information on how...

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I hired this lawyer thought he was a good one but turn out to be not... this was suppose to be uncontested divorce .

I agree with the other two posted answers to your question. I practice in your county, and there is no reason why an uncontested divorce (assuming both parties are ready and willing to get the case done) should take this long. I would not recommend dismissing and re-filing the case. That will cost you another filing fee. You could request that your attorney withdraw from representing you, as this would allow you to complete the case on your own. However, it is likely that you are not...

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I have a legal question regarding abandoned property

You need to be very careful about disposing of property in this situation. Temporary protective orders generally do not award ownership of property. Rather, they award temporary use and possession of property. If the other party left property at the home that you were given possession to under the order, then you probably do not have the right to dispose of the property, and less the order somehow specifically stated that you did. You should speak with an attorney about the circumstances....

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If I quit claim a deed to my ex-wife will this release me from the loan or if she assumes it.

Being on the loan and being on the title are two different issues. If you quit claim the home to her, that does not put her on the loan, it only gives her full ownership of the house. You don't want to do that. I would first recommend to you that you look at your divorce agreement or final judgment, to see what it says about her obligation on the mortgage. To get this issue resolved completely, she probably needs to "purchase" the house from you and obtain a new mortgage loan in the process,...

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My husband came down and asked me to sign divorce papers, we've been seperated for about 6 monsths and we dont have any children

I would strongly advise you against signing divorce papers without consulting with an attorney first. Even if you do not wish to contest the divorce, it is important that all the paperwork be reviewed by an attorney on your side, to make sure that everything is in proper order for your best interests. You should be able to find an attorney in your area who would be willing to meet with you for an hour or so to review the paperwork. That should cost you no more than $300-$400, which will be...

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I am divorced and included the "no overnight guests except blood or marriage" clause in my Divorce Agreement. I have 2 kids.

Yes, the court would find you to be in contempt even though you are in a two-year relationship. The particular provision in question is generally known as a "morality clause." Although these particular provisions are starting to fall out of favor with the courts, they will still enforce them if they are in the divorce agreement. I suggest that you abide by the clause or seek to have it removed, either through an agreement with your ex-spouse or by the court itself.

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How do I protect myself from a foreigner threatening to sue me for an inheritance?

Your question raises many different issues. Generally, there is no legal prohibition to stop a party from filing a lawsuit against you. Your only protection is to vigorously defend the case if you believe it to be frivolous. You might also hire an attorney to send a letter to her explaining your position and that will vigorously defend any action that she filed against you. There are provisions concerning "abusive" litigation under Georgia law, but those provisions do not stop a party from...

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Do I have to reimburse my wife's family for half the cost of our wedding if we divorce within one year?

You have no legal responsibility to reimburse that expense under Georgia law. However, you probably should speak with an experienced family law attorney about your impending divorce case to have any other questions answered.

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Supervised Visitation

Hiring a lawyer is a good first step. You should bring all of your concerns to that lawyer's attention for an answer. Generally, supervised visitation is ordered when there is a threat of harm to a child. The judge will have to make that determination. Your lawyer should be able to answer all of your questions for you.

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Can either party stop an uncontested divorce during the thirty day wait in georgia

If you want to stop the divorce, then you must take action immediately. You could file a motion with the court to stop the proceedings, but you must have a legal basis for doing so, such as a reconciliation (resuming a conjugal relationship as husband and wife) or perhaps that there has been some change in the parties' circumstances that might require setting aside a previously executed settlement agreement, etc. Another possibility is to file an answer and counterclaim, which would prevent...

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