Emily Su-Hwa Yu’s Answers

Emily Su-Hwa Yu

Atlanta Divorce / Separation Lawyer.

Contributor Level 14
  1. Is a temporary hearing standard in every divorce?

    Answered over 2 years ago.

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

    The purpose of temporary hearings is to address temporary issues. This includes things like temporary child support, temporary custody and visitation arrangements, temporary spous support, who will stay in the marital residence or who will have to pay what bills. In some cases, even though one party is staying in the marital residence, the other party is required to pay the mortgage and other bills. This usually happens in Mom is. Stay at home Mom and she and the kids are staying in the...

    9 lawyers agreed with this answer

  2. Should I try for part of My Husbands retirement? Final Court Date is Feb. 27, 2013

    Answered over 1 year ago.

    1. Emily Su-Hwa Yu
    2. David Alexander Browde
    3. David B Pittman
    4. Darrell Brinnett Reynolds Sr.
    4 lawyer answers

    You certainly are entitled to a portion of his retirement if it was earned, or partly earned, during the marriage. The same may apply for his disability back pay. You should contact a local family law attorney immediately. It sounds like there may be some issues where you do not fully know what you are entitled to and you may be giving up more than you are entitled to receive from this divorce. Please contact an attorney soon!

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  3. What happens if my wife can't be served with the divorce papers?

    Answered over 2 years ago.

    1. Emily Su-Hwa Yu
    2. Ikemesit Amajak Eyo
    3. Rachel Aliza Elovitz
    4. Glen Edward Ashman
    5. David A. Canale
    5 lawyer answers

    Did you have the sheriff's serve her? If so, they show up in uniform so that may be tipping her off and she is avoiding answering the door, etc. If the Sheriff's continue to be unable to serve her, you may have to look into hiring a private process server to serve her. They are easy to find and you can do a Google search to get some telephone numbers of private process servers nearby.

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  4. Could my husband force me to live in Georgia with our kids if I divorced him?

    Answered over 2 years ago.

    1. Emily Su-Hwa Yu
    2. A James Rockefeller
    3. Ikemesit Amajak Eyo
    4. Angela Mary Kinley
    5. John Anderson Ramay Jr.
    5 lawyer answers

    No. Georgia does not require that parents remain in the state and will not enforce provisions related to this effect. What you should consider though is that having the children travel between states may be very difficult for the children (especially if they are young), the costs associated with said travel (an airline guardian would be needed if they are below the age to travel alone), and a party's travel costs can be incorporated as a deviation in calculating child support which can lower...

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  5. Which is the final order? What is dicated by the judge or what is signed by both parties and judge?

    Answered over 1 year ago.

    1. Emily Su-Hwa Yu
    2. Glen Edward Ashman
    3. Rixon Charles Rafter III
    3 lawyer answers

    The signed Order with both of your signatures and the judge's signature is your final order and you both should be following that parenting plan. If she is not following it, you could consider filing a Motion for Contempt if she is not complying with the terms.

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  6. Ex Spouse claiming children on taxes.

    Answered over 2 years ago.

    1. David A. Canale
    2. Melissa Angeleah Tracy
    3. Emily Su-Hwa Yu
    3 lawyer answers

    If it plainly state in your divorce decree that you are to claim all of the minor children as dependents on your taxes and he has done so, you can file a Motion for Contempt for his violation of that provision in the divorce decree. That being said, it may be hard state how you have been harmed because the IRS Code provides that the parent who has the minor child for the majority of the year is the parent who can claim the minor child as a dependent. If both of you claim the same minor child,...

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  7. Do I wear a business suit for mediation

    Answered 8 months ago.

    1. Emily Su-Hwa Yu
    2. Zachary Walter Procter
    3. Thomas O. Moens
    4. Evan Balmer
    4 lawyer answers

    There is no dress code so you do not need to be in a suit or anything fancy. Keep in mind that you may be there for a while so something relatively comfortable and bring a sweater or something just in case it is cold. Do not be too casual to the point of being sloppy but there is no need to stress over this. Jeans and a sweater top should be fine.

    6 lawyers agreed with this answer

  8. My spouse was served with divorce papers, and refuses to sign them. What can be done in the state of Georgia when this happens

    Answered over 1 year ago.

    1. Emily Su-Hwa Yu
    2. Glen Edward Ashman
    3. Ikemesit Amajak Eyo
    4. Darrell Brinnett Reynolds Sr.
    4 lawyer answers

    Unfortunately, it sounds like your divorce may no longer be uncontested. If you have not done so, asking what it is that your Husband is hesitating on or what provision in the papers you provided to him are problematic for him may help to get a conversation going as to why he has not signed them. It may just be a matter of negotiating some provision or language. If he is simply refusing to sign because he no longer wants a divorce, that is a different story. He cannot stop the divorce...

    6 lawyers agreed with this answer

  9. Question about assets in a divorce

    Answered over 2 years ago.

    1. Emily Su-Hwa Yu
    2. Glen Edward Ashman
    3. Woodrow Wilson Ware
    4. Brett Ladd
    4 lawyer answers

    It sounds like you should consult an attorney and then decide whether you would want to retain an attorney. Although your Husband has said "you have 3 months," this is just him talking. What I mean by that is that divorce cases usually take more than 3 months to finalize and some can take more than a year depending on the issues in the case. If you have been a stay-at-home Mom during your marriage, you may be entitled to some alimony from your Husband (depending on how long you both have...

    6 lawyers agreed with this answer

  10. How should I fill this out?

    Answered over 1 year ago.

    1. Emily Su-Hwa Yu
    2. Glen Edward Ashman
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    Georgia's residency requirement for divorce is is 6 months. Both blanks!

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