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John Charles Barrett
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John Barrett’s Answers

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  • Is there any penalties if I file for a divorce and my husband just got his green card a few months ago?

    I have been married for 10yrs and have one child. We when to the immigration interview a few months ago and got his green card. Is there a time frame I have to wait to file for a divorce? We were seperated for a few years and he had a child with s...

    John’s Answer

    If you executed an affidavit of support (Form I-864) as part of your husband's residency application process, you could have potential liability for government benefits provided to your spouse for 10 years after his residency was established. You should check to see if you executed form I-864 as part of his application process.

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  • How do I stop my ex from sending misleading information about me to my employer?

    My ex is emailing my current employer and colleague falsely telling them I hace a criminal record. How do I get her to stop?

    John’s Answer

    Presuming that the information is false, or that it is communicated for the purposes of harassment and intimidation, your first response should be to send your ex a demand in writing to cease and desist. It is a provision of most divorce settlements that the parties will live free from harassment and malicious behavior from one another. It is also part of the Standing Order issued in contested divorce matters is most Georgia counties.

    If your ex-wife's harassment continues after written notice to stop, you may be able to make an application to hold her in contempt of your Final Decree of Divorce in the county where it was issued or in the county where she resides.

    You also may be able to obtain a Protective Order against her for stalking. Most judicial circuits in Georgia have protective order advocates that can advise and direct you at no cost.

    Falsely accusing another of criminal behavior in the presence of third parties also gives rise to the civil action of libel or slander, depending upon how the information is communicated.

    You would be wise to seek the advice of an attorney familiary with family law and defamation claims.

    This is answer is specific to Georgia law and no attorney-client relationship is intended or acknowledged.

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  • My mom passed years ago and i'm her closest living relative the deed to her house is still in her name how can i put it in mine

    there was no will and no debt

    John’s Answer

    You will need to get yourself appointed as administrator of your mother's estate through the probate court in the county where your mother resided at the time of her death. Once the probate court grants to you "Letters of Administration" you will have the authority to execute a deed transferring the property out of your mother's name. There's not enough info in your question to tell you conclusively if you would be the sole grantee on the deed.

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