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Michael Shane Welsh

Michael Welsh’s Answers

265 total


  • My husband of 30 yrs asking for a divorce. I am on disability only bring in 1,079.00. He makes 220,000 Yr. everything is in his

    everything is in his name. The home will be payed for in 2yrs. Will I be able to get property settlement? And will I be able to get alimony? We have had no sexual relations in 6yrs? Is that grounds for alienation of affection

    Michael’s Answer

    You need to consult, in person, with a family law attorney asap. You will be at a significant disadvantage if you allow him to control the process and if he has an attorney and controls the finances. You have the right to seek a fair split of all marital assets, including investments, the value of the house, etc. Please seek advice in person from someone immediately. You can find many fine attorneys through this website.

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  • I am divorcing my wife of 3 years having had a relationship of 5. I have bonded closely with her children do i have rights?

    The children in question are 5 and 7 the youngest thinks i am her real father and the oldest knows im not but calls me daddy since i have been for 5 of her 7 years can i get visitation?

    Michael’s Answer

    Did you adopt the children? Do you and your wife have children of your marriage? Unless you legally adopted the children, courts will not grant you rights to visit with them. But, if they now have a brother or sister born of the marriage, that may give you an argument for maintaining some kind of relationship. The best option will be for you and your wife to agree on some sort of ongoing relationship. You should hire an attorney with that in mind.

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  • Can my husband put me and our kids out now that he wants a divorce with nowhere to go

    we have been married for 13 years we seperated july of 2013 and got back together january of 2015, and are still together. The house we live in is the one he got while we were apart. now he wants a divorce but can he put me and out kids out with...

    Michael’s Answer

    You need to hire an attorney to assist you immediately to protect your rights. Only a judge can decide who gets to live in the marital home, but if your husband demands that you and the children leave, you may need the protection of the court to stop him. Your husband can't "put you and your kids out" legally without a court order. But he can make it intolerable for you. Any property he acquired while you were married may be marital property, which means that even if he acquired the home while you were separated, it may still be considered the marital home. Seek local legal advice asap.

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  • Change of Venue and Ground for Appeal. Judge is NOT willing to let at facts...he made it personal.

    I have been drug back and forth to divorce court (twice) by my wife because she does not agree with the judges'. Neither do I. Every time she goes back…she get more and more. I would like to have a fair, unbiased, and impartial judge look at my ca...

    Michael’s Answer

    An attorney will need a lot more information before being able to advise you on venue and appeal options. Based on your post, it sounds as if you do not have an attorney - you should get one asap. What county do you live in? Are there minor children born into the marriage and what county do they live in? When did she file for divorce? Did you file an answer? A counterclaim for divorce? Is there a final order yet? Has there been a temporary order entered yet? Has there been any written discovery? The best way to "approach having this case moved on appeal" is to seek in person legal advice from an attorney to whom you provide answers to the questions listed above.

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  • Can you be given a DUI if no one pulled you over and you are arrested from your Home in Georgia

    I recently had my sister in law make a complaint against me that I had run her off the road and almost caused her to have an accident or shortly after her complaint was made the police arrived at my house with my vehicle was still warm from not ...

    Michael’s Answer

    You need to consult in person with an attorney as soon as possible. What evidence did they use to arrest you? To take you to the hospital? What evidence did they obtain from the hospital? Do you have a copy of the police report concerning your sister-in-law's complaint? Do you have your arrest report or your citations? As my colleague said, there is missing information. You will be best served by collecting whatever information and documentation you have and talking with an attorney to protect your rights.

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  • Grandparents visitation rights in Georgia . Am I wasting my money to try and pursue with a lawyer?

    Son not married to 4 yr old granddaughter's mother. Both are keeping granddaughter from us for no reason other than jealously, immaturity and spite. Are the grandparents rights in Georgia worth pursuing?

    Michael’s Answer

    Your post does not provide enough information to make an educated response. Yes, grandparent visitation is worth pursuing if you are being denied a relationship with the grandchild. But, Georgia law provides for specific grounds to seek such visitation through the courts. You would be best served by spending an hour consulting with an attorney who practices in this area to get a detailed response.

    Some factors to consider: Are the son and the 4 yr old's mother living together as husband and wife? Is the child in danger or living in an unsafe environment? Have you spent time with the child previously? Have you supported the child and/or her parents in the last year or so? Are the child's parents involved in a custody or child support case?

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  • Can my ex-husband take deductions from the monthly spousal support because he paid my student loan if full without notifying me?

    This is a summary of what he sent me. The whole email will not fit in this space. If you can help me figure out how I can handle this, please let me know. Dearest Ex-wife, With 6 months of Spousal Support remaining, the balance is $2,000 ...

    Michael’s Answer

    First, if you had an attorney helping you through the divorce in which you received an award of monthly support, you should turn to that attorney for guidance. The free advice you get on this site will be worth what you pay for it.

    Second, my advice is that you should gather your divorce documents, including the final order that sets what he is required to pay for and what you are required to pay for, and take those documents to a local attorney for in person advice. It sounds like he is violating the terms of any order that requires him to pay you spousal support - unless a judge allows (or unless the order allows) him to offset these expenses from what he pays you, he is obligated to pay the full amount. You may be able to petition the court to force him to pay what he owes. You should also be prepared to address the issue of any obligations you have that you may not be complying with, since he will certainly raise those as a defense. See a lawyer asap.

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  • Is this enough to sue for defamation of character/slander?

    Good afternoon, an international magazine has posted numerous statements about me that are 100% false - they say I have a criminal record and many financial difficulties among many others false claims. My reputation has been significantly damaged...

    Michael’s Answer

    A claim for defamation requires the publication of false statements of fact, not opinion, with disregard for the truth, with an intention to cause injury. You should take your facts to an attorney who specializes in defamation cases to get an opinion about the merits of such a claim. Where is the international magazine based? Is it published or sold here in the states? Can you prove that the false statements are what has caused you the loss of clients and contracts? You may be faced with the prospect of having to sue the company in its home country, or having to try to enforce a judgment you may obtain in the states in that home country.

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  • Should my company settle in mediation for $100,000

    My company just got a letter from the eeoc stating that we racially discriminated against one of our ex employees. Should we have a cap on what we settle for? Should we let them take us to court if we don't agree to pay the $100,000 ? Or would it ...

    Michael’s Answer

    I am not certain that any advice you receive on this site or any online forum is going to be sufficient. Your post raises more questions than anything else - what is the proof of racial discrimination? How large is your company, how many employees, how long ago was the discrimination, how much was the employee earning, how many other employees are similarly situated inside your company, what notice did you get that the actions were taking place, what did you do about it once you were notified? Probably a dozen more questions. $100,000 is a large settlement. Is that the demand? Is that what the EEOC told you to pay? Your legal costs would probably not be cheap. But in many southern states, the burden is high on discrimination cases, and it might be worth at the very least hiring an attorney to review all of these factors for you before you commit to such a settlement. Without knowing more, I still have a difficult time seeing a jury awarding that much money unless the facts were significantly against you. Call an attorney and discuss this in more detail.

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  • Can a stay at home dad be kicked out from his house if the house was bought after marriage by his wife?

    I have been a stay at home dad for 4 years ( 2 kids) and my wife wants me to leave the house, I don't have a job, or a car or money for a lawyer, I'm from another country and I don't have friends or family who can help me. She has been unfaith...

    Michael’s Answer

    You need to find a way to hire an attorney sooner rather than later. You have a number of significant rights, as Mr. Hopkins has identified, and you risk most of them by not standing up for yourself legally.

    Your joint bank accounts are marital property. The house may be marital property. The car may be marital property. You are entitled to a fair division of that property. You are also entitled to a fair evaluation of custody matters - you might be able to obtain custody over your children and receive child support.

    But all of these things will require legal advice to evaluate. I suggest that you find a way to retain legal assistance.

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