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Diane Cherry
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Diane Cherry’s Answers

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  • My brother is going through a divorce and his wife moved out over 3 months ago and wants to move back in now, can she?

    she moved out on her own and hasnt wanted to move back even though he has asked her to stay just for the kids til the divorce is over. she has refused to moved back in. Now he has 2 roommates and since he has the 2 roommates she wants to move back...

    Diane’s Answer

    It is difficult to answer your question with the information you provided. If you and your wife cannot agree, these types of issues can be addressed by the Judge if there is an action currently pending. If not, this may be a good time to file for Divorce or Legal Separation and hammer out these details.

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  • What are my chance to have custody of my children if i am not working?

    In a divorce case if i am not working will i still have a chance to have custody of my children?I took care of them ever since they were born. And if i do so will i be able to take them out of the country without their dad consent?

    Diane’s Answer

    You do not need to be working to get custody of your children. You simply need to be able to show that you can provide for the children, whether by living with a relative or getting help from someone else. Once you have primary custody of the children, you can take the children anywhere without the consent of the other parent; however, when they do move, it is considered a "change of circumstances" and could serve as the basis for a modification action, in which event the Judge will have to consider whether taking them out of the country is in their best interests.

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  • My ex-husband for 10+ years just refused to let my daughter stay with me and my husband.

    About a week ago, my ex husband of 10+ years refused to let our 14 year old daughter come to my house I share with my current husband because of current husbands alcohol abuse. Ex-husband has primary custody-we have joint legal custody and have ha...

    Diane’s Answer

    • Selected as best answer

    This is a difficult situation that happens quite frequently in family law cases. Any and all changes in child support have to be signed off on by a Judge. Since many years have elapsed since you stopped paying child support, I would encourage you to immediately resume child support payments and document your prior agreement in all of your communications with your ex going forward. By repeatedly reminding him that he rejected the child support after year two and referencing the reason why he rejected the child support, you can at least lay the ground work to admit that evidence in a later child support enforcement action. And while he does not have the right to withhold visitation from you, I think it is prudent for you to have moved to your sister's house to eliminate any safety concerns and make it more likely for the visitations to resume. I would remind him that you have put your daughter's interests first and foremost by relocating to your sister's house and he should do the same and not interfere with your daughter's relationship with you by withholding visitation.

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  • How can I get a divorce with no income?

    We have 2 kids and no property. We both want the divorce but neither have the money to pay for it.

    Diane’s Answer

    If you are in Georgia, you and your spouse can share the cost of filing an uncontested divorce (approximately $210 in most counties) and use the forms provided online for the County where you are located. It's not difficult to reach agreement if you have no assets but when it comes to children, there are a lot of additional concerns that have to be addressed that make hiring a lawyer very worthwhile. Some counties in Georgia, such as Cobb County, where I am located, offer free Family Workshops to help individuals who are not represented by an attorney prepare and file their own divorce. I strongly recommend you attend such a workshop or consider hiring an attorney for a limited engagement to advise you on what documents to file.

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  • Should I consent to jurisdiction for divorce in Cobb Co., GA? We both live in Dekalb Co.

    My wife filed for divorce in Cobb Co., GA. We live in Dekalb Co. The lawyers requested a consent to jurisdiction in Cobb. Should I sign it? Or file a response that it was filed in the wrong county? We are pursuing an uncontested divorce, and are s...

    Diane’s Answer

    If you both live in Dekalb County, I'm not sure why your wife filed in Cobb County. The good news is that if you do consent to jurisdiction in Cobb County and the two of you have reached agreement on all of the issues, you can get on the uncontested calendar very quickly or, in some cases depending on your Judge you are assigned, you may be able to bypass Court altogether and be granted a divorce upon filing a Motion for Judgment on the Pleadings.

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