Skip to main content
Elyssa Korman Williams
Avvo
Pro

Elyssa Williams’s Answers

46 total


  • If a contested divorce has already been ran in a newspaper for 60 days, will the judge sign off without going to court?

    I am a victim of domestic violence and the last date that the divorce was ran in the paper was August 27th. Will the judge just give me the divorce or will I have to go to court to finalize it? And please do not leave any rude comments because it...

    Elyssa’s Answer

    A judge needs some evidence presented by at least one of the parties in order to be able to sign off on the granting of a divorce. Some judges will count an affidavit as evidence enough to grant a divorce based on the pleadings alone and some judges will require you to personally appear for a quick hearing. Most people without lawyers attend a hearing since it can be more difficult to make sure that you have filed all of the documents properly than to simply appear in person and have the judge ask you whatever questions the judge needs to know in case something is missing from your paperwork.

    See question 
  • How can i get spousal support right now, so I can hire a divorce lawyer for me but i have no income?

    My husband and I have been married 9 years but in Dec will be 10 yrs. Last year i filed for a divorce and was waiting for the court this year for my papers but my husband called me asking to not go through with the divorce which i paid for bc i wa...

    Elyssa’s Answer

    • Selected as best answer

    Your situation is a fairly common and unfortunate Catch 22 -- You need a lawyer to win spousal support, but you can't afford the lawyer until you have spousal support. If you don't have any assets that you can liquidate, I would suggest that you call your local county bar association, the Georgia Bar Association, and any nearby law schools to see if they can point you in the direction of obtaining a pro bono (free) or reduced rate lawyer. Also, you can make calls to lawyers around your area who offer free consultations and see if any out there would be willing to take on your case. Unfortunately, there is no easy answer since attorneys can't stay in business if they take cases where they don't have a guarantee of getting paid. However, if you make enough calls, you may be able to find someone who can help you.

    See question 
  • Are there lawyers willing to take payments? Left an abusive marriage and need representation but cannot afford payment in full.

    I was in a 13yr marriage from the age of 16 . Throughout my marriage my husband abused drugs , was controlling , and became abusive mentally and physically . When the abuse and fighting started being extreme in front of our children ages 2 &am...

    Elyssa’s Answer

    If you call around and speak to enough lawyers, you will probably (hopefully) find one that will work with you on the finances and come up with an affordable plan for you.

    See question 
  • I live in GA. In my divorce decree it says I can claim my oldest son. My wife has claimed both sons. Can I take her to court?

    My divorce decree says that I can claim my oldest son and she can claim my youngest. There is a technicality where a certain IRS form was not filled out at that time. Because of that she says she has the right to claim them. I have claimed my son ...

    Elyssa’s Answer

    It sounds to me like you should have an attorney file a Motion for Contempt against her.

    See question 
  • Can i be held in contempt for switching my ex visitation weekend ?

    my ex gets the kids every other weekend . His weekends start on Friday evening to Friday morning . This week I'm leaving to go out of town on Wednesday . I sent the kids to be with their grandmother . I recently found out that my ex filed a po...

    Elyssa’s Answer

    Technically speaking you could be held in contempt any time that you violate the court's order, but in reality, it is highly unlikely that you would be held to be in contempt for such a minor, one-time, incident. It sounds like your ex is waiting for you to make a mistake so that he can take you back to court. The best way to avoid that is to follow the court's order and, if there is a situation like this in the future, you should email your ex to try to work it out ahead of time. If he is uncooperative, then you are stuck with exactly what is written in the court's order.

    See question 
  • I have been divorced a couple years after being married 35 years. My divorce papers say NOTHING about his retirement account -

    Am I able to get part of his retirement income??

    Elyssa’s Answer

    It is unlikely, but you should have a knowledgeable divorce attorney review your final divorce decree, including any Agreement that is incorporated into it, and hear all of the facts about how/why the retirement was not mentioned. In some circumstances there may be language in it that would still allow you to go after it.

    See question 
  • How would the other party request cell phone records in the state of georgia

    I have filed for divorce and have had a temporary hearing already. Does the other party have to notify me for any cell phone records or can they just request them from the cell phone company with out notifing me

    Elyssa’s Answer

    The cell phone company should be requiring 3rd party discovery --that they receive a Subpoena or 3rd Party Request for Production of Documents. Both will require a notice to you and an opportunity for you to object to the 3rd Party discovery. The only exception might be if the two of you have your own phones but share an account. If you are jointly on the account, then your spouse may be able to get the records for your phone.

    See question 
  • Is summer camp for a five year old the same as day care in the state of GA? When is it considered an extra curricular activity?

    Divorce agmt splits daycare costs 50/50, but summer camp is split 63/37 under extra curricular. My son is 5 years old and is going to a day camp at his day care.

    Elyssa’s Answer

    If it is worth the cost to you, then you should have an attorney review your final agreement and the child support worksheet to see exactly how it is written. Summer camp is not usually "under" extra-curricular, but it could be, depending on how the agreement is written. It sounds like you may have a legitimate argument, but an attorney would need more specifics before being able to advise you.

    See question 
  • How difficult is the process to obtain visitation rights to my grandaughter?

    My son was never married to his daughters mother. Visitation was established for my son but the mother is not being cooperative about his visitation. The previous lawyer we used got tired of us calling every time the mother fought my son on his ri...

    Elyssa’s Answer

    Enforcement of custody/visitation orders can be enforced by an action for contempt. If there is already a visitation order in place, then it sounds like the child's mother in contempt of court for violating your son's visitation rights. If the custody and visitation order states something about neither party disparaging the other in front of the minor child, then she may be in contempt of court for that too. Depending on the circumstances, you may also have a claim for a modification of the custody/visitaiton. It would be difficult to handle these cases without the assistance of an attorney. If your old attorney doesn't seem to be interested in handling your case, I suggest that find an attorney who you feel has your granddaughter and son's best interests at heart.

    See question 
  • What are the reasons I can ask for a continuance in a pro se divorce case? How do I file it now?

    I am going out of town and i heard we have a tentative court date in a few weeks. I know ill be out of town. What do i do?

    Elyssa’s Answer

    If you are going to Fulton County court and your court date is for a status conference, then you should read the page inside the Domestic Relations Initiation Packet that you should already have (or is available online at the Fulton County Clerk's Family Court website). If it is for a hearing with the Judge, then call the Judge's Calendar Clerk and explain your situation to see if they will re-schedule for you. You should probably contact your spouse (or your spouse's lawyer) to find out whether they have an objection to a re-set.

    See question