Allen F. Harris’s Answers

Allen F. Harris

Atlanta Divorce / Separation Lawyer.

Contributor Level 9
  1. My marriage is short term, am I be entitled to any of the following- profit sharing, pension, 401k, temp. spousal support?

    Answered over 2 years ago.

    1. Allen F. Harris
    2. Kairi Smith Gure
    3. David L. Lebowski
    4. David A. Canale
    4 lawyer answers

    You may be entitled to a small portion of the assets described. On the alimony question, there are a lot of factors that go into the determination. There is also a lot of discretion that judges exercise in making the determination. Nobody can tell you flat out that you will or will not be entitled to alimony. What an experienced attorney can tell you is the likelihood of you receiving alimony. You should discuss the issue with an attorney. But based on the facts you provide, it...

    4 lawyers agreed with this answer

  2. Divorce - What constitutes a financial account that is MINE. (E.g. Trustee listed on an estate?)

    Answered over 3 years ago.

    1. Allen F. Harris
    2. Glen Edward Ashman
    2 lawyer answers

    It depends on the wording of the question. It is not your account but when we ask for accounts, we will ask questions that would include accounts on which you have signature rights and would ask questions regarding trusts of which you are a beneficiary. If you think it may be covered in the question, you should identify it and explain the conditions and circumstances surrounding it.

    Selected as best answer

  3. My husband and I are separated after 2years of marriage.

    Answered over 2 years ago.

    1. A James Rockefeller
    2. Glen Edward Ashman
    3. Allen F. Harris
    3 lawyer answers

    If he is not the father, he is not obligated to support the child. If you contact an attorney, there may be some possibility that you could get alimony (spousal support) but more factors will need to be considered. Also, if you get alimony it will likely be for a very brief period considering the length of your marriage. Good luck.

    2 lawyers agreed with this answer

  4. Division of Asset Question- Settelement from an Accident

    Answered over 2 years ago.

    1. Emily Su-Hwa Yu
    2. A James Rockefeller
    3. Allen F. Harris
    4. David L. Lebowski
    4 lawyer answers

    Both of the previous answers were good. I would add that the part of the settlement that could have been considered Personal and separate for your husband was arguably converted into marital when it was commingled with the other funds in your existing account. There would be an argument that he gifted his separate part to the marital unit when he put it into an account in both your names. Some of the other part of the settlement may have been for loss of consortium. In some cases, the...

    2 lawyers agreed with this answer

  5. How do I file evidence for a court case legally when I file for full custody of my daughter?

    Answered about 3 years ago.

    1. Allen F. Harris
    1 lawyer answer

    The rules of evidence are complex and you really need a lawyer. That said, a police report would be hearsay and inadmissible. You would need to arrange to have the police officer, who prepared the report, testify in person. If the hearing is a temporary hearing, you could file an affidavit 24 hours prior to the hearing. At a temporary hearing, you can call only one witness in addition to the parties. Affidavits are not allowed if the hearing is a final hearing. At a final hearing, you...

    1 person marked this answer as helpful

  6. I've been legally married since 2004 & separated since 2007. We have a child. I need to a divorce from him.

    Answered over 3 years ago.

    1. Allen F. Harris
    1 lawyer answer

    Yes, you can file for divorce and serve him by publication if you cannot find him. First, you will need to attempt to get his address. If he is incarcerated, you could have him served in jail or prison.

    1 person marked this answer as helpful

  7. What can I do about my ex-husband not obeying our divorce papers ?

    Answered over 2 years ago.

    1. Emily Su-Hwa Yu
    2. Allen F. Harris
    3. Ikemesit Amajak Eyo
    4. Glen Edward Ashman
    5. David Stephen Klein
    5 lawyer answers

    You can file an application for contempt for his violation of the Court Order. You can also file for a continuing garnishment or seek an income deduction. If you have your son more nights than the father and did not agree to let him claim your son as a dependent, you are entitled to claim your son. The father should be advised to amend his return so that you are not both claiming the son. To obtain sole custody of your son, you would need to speak with an attorney in your area to...

  8. I am using my friends account. My fiance and his wife have done all the paperwork for divorce.....

    Answered over 2 years ago.

    1. Woodrow Wilson Ware
    2. Ikemesit Amajak Eyo
    3. Glen Edward Ashman
    4. Allen F. Harris
    4 lawyer answers

    Your fiance needs to understand that the Wife's attorney only represents the Wife. He should consult with an attorney to find out what is causing this unreasonable delay.

  9. Should I drop my divorce attorney?

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. Christie Lynn Ayotte
    3. Paula Jeanette Mcgill
    4. Allen F. Harris
    5. Ikemesit Amajak Eyo
    6. ···
    6 lawyer answers

    Yes. You need to be able to communicate with your attorney and should receive prompt call backs.

  10. Do I need to wait for the Guardian Ad Litem if my child is in an emergency situation?

    Answered over 2 years ago.

    1. Patrick Lehmon Meriwether
    2. Ikemesit Amajak Eyo
    3. Allen F. Harris
    3 lawyer answers

    If your child is in danger, you need to file a Motion for an Emergency Hearing to get a court order to help protect your child. The relief may or may not include a temporary change of custody. You cannot do anything to change custody without getting the court to do so. You do not have to wait on the GAL for anything in order to file a Motion of an Emergency Hearing. It would help if you could bring this to the attention of the GAL and have the GAL supportive of your motion.

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