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John Thomas Gunn

John Gunn’s Answers

10 total

  • In the State of Georgia is the Divorce Settlement Agreement all that needs to filed when seeking a "no fault" divorce based on

    Irreconcilable differences is the cause of the divorce.

    John’s Answer

    You will need the following to complete your divorce in Georgia:

    A complaint to initiate the divorce and invoke the Court's authority,
    A summons, verification (sworn statement that the complaint is true) and proof of process of service (or a waiver of the above three documents signed by the opposing party),
    Proof of notice to the opposing party of the Court date (or a "consent to try" signed by the other party)
    If there are Children then a Child Support Worksheet and Parenting plan along with a Certificate of completion of a parenting class ("Families In Transition" seminar)
    A disposition form,
    And in some counties a Domestic Relations Financial Affidavit even if the divorce is uncontested.
    Some counties require an affidavit attesting to the facts of the case and/or a final hearing, others permit a motion for "judgment on the pleadings" without requiring a court appearance.

    There are several firms that can assist you with the paperwork for a very modest cost.

    Hope this helps,

    John Gunn
    www.SavUncontested.com
    www.thegunnfirm.com

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  • My wife signed the uncontested divorce forms. We appeared in court but she told the judge that she wanted more money?

    After signing the uncontested forms we both appeared in court but when the judge asked her if she understood and agreed as signed she said "no" and that she needed more money and did not want to go with the marital settlement agreement that we bot...

    John’s Answer

    I've run into this issue a few time in the last few years. In short, if the money she's asking for is related to child support the Court has the authority to review the issue and the Court must approve any custody or child support agreements. In that case she may have an opportunity to contest it. If the money she is pursuing is merely that she has decided in the last 45 days that she is not happy with the agreement she signed 45 days ago it is very unlikely that the Judge will allow her to renegotiate an agreement she has already made. Generally the judiciary are very (very) hesitant to get involved in renegotiating an agreement that has already been made and there are only a couple of avenues she would have to pursue the issue (fraud, duress etc).

    You have the opportunity to hire an attorney who can review the issues and then file a motion to enforce the settlement agreement. If her issue is that she has simply changed her mind it is not at all unlikely that a Judge, upon hearing an appropriate motion to enforce, will in fact enforce the agreement and then make her pay your attorneys fees. I have never (as of yet) not had the Judge order the opposing party to pay at the very least a large portion of (and most commonly all of) my clients attorney's fees when I've had to file a motion to enforce.

    John Gunn
    The Gunn Firm
    13 West Park Square
    Mareitta, GA 30060
    404-969-4505

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  • What does it mean if I have sole custody and named primary custodian?

    My papers read that I have sole custody and be named as primary custodian and that my ex receives visitation. What exactly does this mean?

    John’s Answer

    There are two types of child custody in Geogia, Legal Custody and Physical Custoday. Most often the paper work will distinguish between these two, sometimes not.

    With regard to legal custody, if both parents have joint legal custody that implies that they both can have access to the legal records associated with the child, for instance, either parent would be able to call the school and get report cards, both parents would be able to get medical records and invoices etc. Most of the time joint legal custody is awarded to help accomodate both parents ability to remain an active part of the child's life.

    As to physical custody, it sounds like you have primary physical custody which implies that you are the parent whom the child will likely live with most of the time, and are presumed to be shouldering the majority of the cost associated with raising the child, hence I would expect that you would be receiving child support from the father rather than the reverse. Additionally, there is usually a Parenting Plan that outlines the visitation arragement and custody details between the parents and the child. The primary physical custodian often is awarded the authority to make at least some of the four major decisions in the childs life, particularly surrounding the four areas of: Healthcare, Education, Religion and Extra Curricular Activities. Often the paperwork will explicitly address these four areas.

    John Gunn
    The Gunn Firm
    142 S Park Square, Suite A
    Marietta, GA 30060
    404-969-4505

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  • If I have Temporary custody of my six month old and the father wants full or joint can this happen since she is so young?

    Child is six months old judge gave me temp custody and appointed a GAL father is an attorney and wants full custody or joint but I don't think that is right with her being so young and I live in ga and father in sc . Child is already going everyot...

    John’s Answer

    As a general rule your Guardian Ad Litem (GAL)'s role is to determine what's in the best interest of the child. Since you were awarded temporary custody, I'm assuming that was at the Rule Nisi hearing (the temporary hearing a few weeks after you filed for divorce). That order will typically stand until the final hearing and final order in the divorce unless there is an urgent need to change.

    Because you were awarded temporary custody at the Rule Nisi hearing the judge apparently believed, at first blush, that it made sense for the child to remain with you at least in the interim. It would typically require some sort of indication that this initial chidl custody ruling was not in the best interest of the child for the Judge to change that. The Guardian's role is to take a closer look at what's going on than the Judge would be able to at the final hearing. The Guardian is appointed to speak on behalf of the child, not on behalf of either of the parents.

    Issues that will be of great interest to the Guardian and impact his/her recommendation are: Have you been the child's primary caretaker for the six months since she was born, are you capable economically and emotionally to take care of the child - does your work schedule permit such arrangements and finally how does Dad fit with regard to these issues.

    Hope this helps.

    John T. Gunn
    The Gunn Firm
    142 S Park Square, Suite A
    Marietta GA 30060
    404-969-4505

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  • Easiest and fastest way to do a divorce in Gwinnett?

    i leave in gwinnett and my wife is in walton, we have no property or debt together but we are not at speaking terms, what kind of divorce i need to do?

    John’s Answer

    If the two of you can agree you would be able to file an uncontested divorce. The Gwinnett Family Law Clinic has the forms for free (you can google them). If there are children it is a much more complex process with many more forms and spreadsheets.

    If the two of you are not able to agree to the divorce then you will have to file a contested divorce. You may need an attorney to complete this process. Cobb County has a Pro Se divorce class for people who want to represent themselves in their divorce. It is a pilot project sponsored by the county bar and, I believe the only one in the state. I've taught it a few times and it's a good class. You can enroll even though your divorce may be filed in Gwinnett. The class will give you a feel for the process and what is involved in filing for divorce. The registration information is on the Cobb County Law Library web page.

    You'll also have to determine which county you'll be filing in Gwinnett or Walton. If you both lived in Gwinnett and she moved away less than 6 months ago you can still file in Gwinnett. If she moved to Walton more than six months ago you'll need to file the divorce in her county unless she consents to have it tried in Gwinnett.

    Good luck!

    John Gunn
    The Gunn Firm
    142 S Park Square, Suite A
    Marietta, GA 30060
    www.thegunnfirm.com
    404-969-4505

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  • I'm currently unemployed and is planning on getting an annulment. I was wondering if i can received alimony until my financial s

    I'm currently unemployed and is planning on getting an annulment. I was wondering if i can received alimony until my financial situation changes? Thanks

    John’s Answer

    An annulment in Georgia is provided only in cases where the marriage was void from the start, typically those are cases of fraud or deceit (the big kind, ie, the person you married was in fact a different person and used a false identity) legal defect (the person was related to you by blood and you were unaware, or was never divorced from a previous marriage) etc. In short it is extremely rare to have a marriage annulled in Georgia. In the case of Alimony, it is provided at the dissolution of a valid marriage, so the very fact that you're contemplating annulment would conflict with any petition for alimony. It would be extra ordinarily unusual for you to have both an annulment and alimony and i believe (although I have not checked for Georgia case law on point) that it would be a legal impossibility.

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  • What rights does my daughter and I have to protect her with visitations.

    I live in Ga, my divorce is being filed in Tx. My spouse has made death threats to my daughter about me. She is afraid of him. Police reports have been filed in Tx and there is history of domestic violence. Police said it had to be an imminent thr...

    John’s Answer

    I had a case similar to this in Georgia just a couple of months ago. These can be very complex cases involving a great number of delicate issues involving the Courts of both states (you truly need an attorney and preferably one who's familiar with these interstate issues!).

    In my case my client's ex spouse lived in another state, the divorce was filed in that state and my client had reason to believe the child was in jeopardy if the father's visitation was not interrupted. My client and the child lived in Georgia. In short an emergency ex-parte (one party) TPO (Temporary Protective Order) was filed in Georgia followed by a full (two party or both sides) hearing 10 days later.

    The Georgia Judge assumed jurisdiction through the Uniform Child Custody and Enforcement Act (UCCJEA) pursuant to O.C.G.A (Official Code of Georgia Annotated - Georgia Law) 19-9-64(a) which grants temporary emergency jurisdiction to a Georgia Court when a child living in Georgia is in jeopardy of immediate harm.

    I will caution you, however, this is a VERY difficult situation and involves the Courts in both states and requires (by law) that both judges work together on the issue. If you can address it in Texas (which may be impossible for you due to your location) that is often by far the best way to go (file a request for modification of custody or an emergency protective order in Texas) then you only have one court, one judge and one state involved. If it must be addressed in Georgia it will be much more complex (as was my case) and will still require the Texas court's involvement to craft a permanent solution.

    Please keep in mind your issue can be a very complex one and while I can offer my thoughts and my client's case outcome, I cannot offer you legal advice on your case (it is not possible for me to get all the information I would need from your posting or offer comprehensive advice in such a short space).

    Good Luck, and I hope this offers some insight.

    John Gunn
    The Gunn Firm
    Dedicated to Family Law
    142 S Park Square, Suite A
    Marietta, Ga 30060
    404-969-4505
    www.thegunnfirm.com

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  • Can a person that is disabled be evicted from a home if the owner dies an there is not contract for rent.

    person on disability moves in with family friend. This elderly person that owns the home dies. The disabled person still wants to live , rent free and rest of family want to sell the home. Can disabled person be evicted?

    John’s Answer

    Yes you can be evicted.

    First, if the owner dies the title to the house will transfer to some new party. If you do not have a lease then in Georgia the new owner will have the ability to evict you after giving you thirty days notice to leave, assuming you were a tenant without a lease. If you were merely a guest he can have you removed immediately. If you used to have a written lease then some components of that lease could still be valid (holdover clauses and the like). Hope this helps.

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  • Did not fully understand lease and did not sign what do i do

    do i sign

    John’s Answer

    There are a number of contract attorneys in your area who can review the lease at a reasonable cost. If you are concerned about cost you may want to check with your local bar association (Cobb County for example has a great local Bar Association). Almost all bar associations will have a referral list of contract attorneys they can suggest, however some bar's will have a list of attorneys who will offer a limited amount of time (usually 30 minutes to an hour) at a reduced cost as a community service. You can find your local bar association by using "bar association" and you community (county or city) in a search engine such as Google or Yahoo. The Cobb County Georgia bar, for example will refer you to an attorney who will offer 30 minutes of advice and consultation for $35. This may be enough to answer your questions.

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  • I need help establishing child support and collecting payments

    I have been trying since October of 2009 through the local Child Support Office and they "have been unable to serve him" and he works at a very large government power plant making $25 an hour.

    John’s Answer

    There are a number of ways that service can be completed. Check with the Child Support Services office to see if they will allow you to hire a private process server to serve their paperwork on him. The cost is usually less than $100 and they Will find him!

    The Department of Child Services may not permit you hire a private process server, but if they can he will get served. These are the guys you see in the movies who stake out the house and then serve the paperwork when they find the defendant.

    Another alternative, of course, is to hire a private attorney to take over the case and effect service. This would essentially take it out of Child Support Services hands and would typically cost $500 to $2500 but it is the other alternative and is why some folks choose to use a private attorney instead of DCS. The folks at Child Support Services are great folks, but they do have a large volume of cases they must dedicate their time to, hence the private attorney option. Much more expensive but sometimes much quicker.

    Good luck, either way.

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