David S. Delugas’s Answers

David S. Delugas

Marietta Divorce / Separation Lawyer.

Contributor Level 8
  1. Do you have a right to see the brief your lawyer will be submitting to0 the mediator before the start of mediation?

    Answered over 1 year ago.

    1. Seyed Abbas Kazerounian
    2. Steven Ronald Kuhn
    3. Stephen Joseph Cipolla
    4. David S. Delugas
    5. Michael Raymond Daymude
    6. ···
    6 lawyer answers

    Excuse my sarcasm or tone, but I really want to make this point clearly: If this is YOUR attorney, then whatever happens concerning your case in his or her possession ought to be open to you. Just a kind and considerate request, via phone, email or short note that you fax saying "Before you send over the brief for our upcoming mediation, please let me take a look at it. I'd like to see it before you send it over. Thanks." And, if it has already been sent, "Hey, [attorney name], please send...

    11 lawyers agreed with this answer

  2. I met with a bankruptcy lawyer on 1/5/13 gave a retainer of $1000. Want a refund. Can I get one since it is still w/in 72 hours?

    Answered over 1 year ago.

    1. David S. Delugas
    2. Karina Pia Lucid Esq.
    3. Dorothy G Bunce
    3 lawyer answers

    The 72 hours likely would not apply. However, as other attorneys have stated, this attorney would be entitled to keep only that portion of the retainer that was "earned." Under the circumstances you describe, the attorney should not keep any of the retainer (consider it a deposit) unless he can show you what was done on your behalf. Unfortunately, you describe an attorney asking for another $2,500 from a new client (brand new client) who had just had her car repossessed. He may not be the...

    6 lawyers agreed with this answer

  3. How can I go about going back to work for the company that I resigned from after getting hurt.

    Answered over 1 year ago.

    1. Timothy Minthorn Klob
    2. David S. Delugas
    3. Brendon Shawn Rhodes
    4. Nathaniel Fincher Hansford
    5. Harold W. Whiteman Jr.
    5 lawyer answers

    Read the documentation that came with your settlement. It may be that the insurance company can seek to recover from you what you were paid or it may have a claim against the company if you are rehired. Perhaps you can and the company can seek a "wavier" from the insurance company. Start with the paperwork and the company. YOU will want an agreement, in writing and enforceable, with the company that it "indemnifies" you (pays you back or covers for you) whatever you lose by coming to work...

    2 lawyers agreed with this answer

  4. I need to know what type of an attorney I need?

    Answered over 1 year ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Karen Kenner
    3. David S. Delugas
    4. David Nathanial Lockhart
    5. Kris K. Skaar
    5 lawyer answers

    Attorneys that handle general litigation are likely to be in a position to help you. On balance, consider the amount of the debt, read up on Clark Howard's tips (online), he is the consumer advisor, and find out what an attorney will charge you. Then you might first try to resolve things with the plaintiff debt buyer (if you have been sued, do NOT miss the deadline for responding to the summons and statement of claim or complaint). If you want help in learning how to interview and to hire an...

    2 lawyers agreed with this answer

  5. What do I need to do to make sure my soon to be ex husband do not remove my kids from our home?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Howard M Lewis
    3. David S. Delugas
    4. Daniel Ellis Rice
    5. Ikemesit Amajak Eyo
    6. ···
    6 lawyer answers

    From what you've described, having lived in Georgia for more than 6 months (both parents and the children), a Georgia court will have "jurisdiction" over the children (and for a divorce). Until a court order is entered (your county has a "Standing Order" that issues when a family law case is filed), but until a court order is entered, each of you may take your children where you wish, after all, you are both parents. But, even if he were to take the children and drive away, you can get a...

    2 lawyers agreed with this answer

  6. I sent money western union to someone living in NY and they were suppose to send me some merchandise but didn't. How do I sue?

    Answered over 1 year ago.

    1. David S. Delugas
    1 lawyer answer

    There are more questions than answers to your predicament. If you purchased off of eBay or some other online site, then its terms of service and complaint rules may govern this transaction. Western Union may have some terms and conditions on payments made by it and you might be able to file a claim through Western Union. Depending on the amount, you might decide it isn't worth the money you will have to spend to pay a filing fee with a court clerk in Georgia or New York, the service fee for...

    1 lawyer agreed with this answer

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  7. We want to make temp changes to parenting plans and days we have with kids. Can we do this on paper and sign it?

    Answered over 1 year ago.

    1. David S. Delugas
    2. Dave Hawkins
    2 lawyer answers

    Generally, the answer is NO! Yes, this is unfortunate. The laws of most all states suggest the State and the judge applying state law knows what is best for your children so if you want to be able to enforce an agreement when later the other parent changes his or her mind, it has to be a court order. You might be able to do this on your own by filing a petition for modification and complying with local rules and state law then submitting the agreement for approval by the judge and the entry...

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  8. Divorce? first steps. Uncontested or Contested.No kids, no property, 4 yrs marriage,one car cosign.want to go in peace.

    Answered over 1 year ago.

    1. David Raymond Mahood
    2. David S. Delugas
    2 lawyer answers

    Hire an attorney. At your income, you are going to be expected to do so. Given the short duration of your marriage and not having children and not acquiring property together during your marriage (hard to imagine nothing was purchased during your marriage), this ought to be straight forward and simple. Not being a Maryland attorney, I can provide direction, coaching and guidance, but not advice. I would not imagine her $40k income, not ceasing to work during the marriage, and able to...

    3 lawyers agreed with this answer

  9. Entering mediation do you provide in your brief, a work up of the full case value? This is a first party suit.

    Answered over 1 year ago.

    1. Steven Ronald Kuhn
    2. Stephen Joseph Cipolla
    3. David S. Delugas
    3 lawyer answers

    In my work as a mediator and as an attorney, I do not use or provide briefs for mediation. Indeed, as is noted, the mediator is not the judge or the jury. Mediation is not intended to be a trial. Mediation is a place to learn if what each side wants or is willing to do is sufficiently close (or can be worked closer) so that a resolution can be reached. To do this, you might have to persuade the opposing party of the value of each category of damages that you want. To that extent, either...

    3 lawyers agreed with this answer

  10. I was divorced last year. Now it's tax time &I'm wondering, how much of what I'm paying is taxable and deductible on state & fed

    Answered over 1 year ago.

    1. David S. Delugas
    1 lawyer answer

    I am hoping that the Final Judgment and Decree of Divorce a Georgia judge signed has more specifics than you listed. Child support is not deductible by the payor or income to the payee. The cost of the divorce is not likely deductible under any scenario. You could ask a tax advisor. If you are also asking about modification, modification can be agreed by your former spouse and you but it isn't effective unless approved by a judge (which means filing an action to modify). Consider booking a...

    1 lawyer agreed with this answer