Shea Evans Roberts's Answers

My husband recently filed for a divorce and it was granted because he went to the next county and filed saying he could not find

I cannot comment regarding whether he committed purgery. He has an obligation to have the petition personally served upon you. If he knew your address, work or home, and did not have you personally served, they you have a right to file an appeal or a motion to set aside because of his failure to properly serve you. It is difficult to determine from the minimal facts that you have provided, but I would highly recommend that you consult an attorney quickly regarding this issue. This answer...

1 person marked this answer as helpful

How can I go about evicting a family member from my home?

If his name is not on the title to your home, he is not entitled to stay in your home. If he is renting from you, then that might be another situation. You might want to clarify the facts a bit so that the Avvo attorneys can better answer your question. This answer was provided for informational purposes only and cannot be construed to create an attorney/client relationship.

1 person marked this answer as helpful

Is there any way I can be protected from the bank coming after me for mortgage on a home which I quit claim to a sibling?

If you are responsible for the Note on the property, it is your obligation to pay according to the terms of that note and not to do anything to jeopardize the bank's security interest. Quitclaiming to your sibling would not relieve your obligations under the note and could be construed as a default on the note, depending upon the language. I would recommend that you have an attorney review the mortgage documents before taking any action to quitclaim the property. This answer is offered for...

1 person marked this answer as helpful

How do you have to be to change your last name

If your mother is wiling to help you with the paperwork and your father does not object, then your age does not matter. Check online with your County's superior court to see if they have the forms available. If not, the County Clerk of Superior Court can often provide you with the forms. Otherwise, it is always advisable to have an attorney assist in matters such as this. This information was for general information purposes only and does not create an attorney/client relationship. However,...

1 person marked this answer as helpful

My ex filed a complaint to modify the support agreement. Will he be granted a reduction?

This is a tough question because there are so many factors which must be considered and will be considered by the Court. The Georgia Child Support Guidelines provide for various types of income, which would include but are not limited to, severence pay, interest income from investment accounts, etc. He will have to demonstrate a substantial change in his financial circumstances. In this economic climate, he may be able to prove that he cannot get another job. However, it seems like it has...

1 person marked this answer as helpful

I have two children who were taken back to Atlanta by my wife how to get them back?

You definitely need to retain an experienced attorney who can assist you with your divorce and the child custody issues. Once the divorce is filed, your attorney can force her to turn over documents regarding her check stubs and bank account statements through the discovery process. Additionally, you can file for an emergency temporary hearing to get a judge to set out visitation and your child support requirement. I hate that you are being deprived of seeing your children and hope that you...

1 person marked this answer as helpful

Do I consider Divorce or Marriage Annulment. How long can I stay in a marriage for me to consider Marriage Annulment.

You consummated the marriage so annulment is most likely not possible. Divorce would be the appropriate course of action. Alimony is a complex issue in Georgia and requires more analysis before I could tell you whether she would likely be awarded any alimony. I would retain an attorney who could help you navigate these issues.

1 person marked this answer as helpful

Is there a special form i need to answer to a contempt summons in a divorce order?

You will need to file an answer within 30 days of being served with the contempt petition or 30 days from the time that you acknowledged service. You can probably find a sample online or ask the clerk of Henry County to provide you with one if you cannot afford an attorney. The answer essentially addresses each paragraph of the contempt petition wherein you either admit, deny or claim you don't have enough facts to affirm or deny each of the paragraphs of the complaint. It really would be...

What do we do if ex is not following the divorce settlement as far as selling a particular property in question?

Your boyfriend should keep making his payments according to the divorce decree that is in place. He can file a contempt action against her alleging that she is not complying with the decree, but if he isn't paying he will have what is called "unclean hands" and the judge may not be as sympathetic if he isn't doing what he should. Your boyfriend really should consult an attorney because this issue can be somewhat complex. This answer was given for informational purposes only and cannot be...

I live in Georgia, my 8mth old son and his mother live in Florida. I want rights.

I can only speak to Georgia law as I am not licensed in Florida. In Georgia, you can file a petition for legitimation wherein you allege you are the biological father and request that a paternity test be required if she will not acknowledge you as the legal father. Once paternity is proven, then the Court will establish that you are the legal father. Once your legal rights are established then you can raise the issue of custody and visitation. Child support also will most likely be awarded...