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Daniele C. Johnson
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Daniele Johnson’s Answers

250 total


  • Is husband entitle to whatever he choose after a devoice.

    House in my name, all bills in my name, I worked hard and purchased furniture for the house. I paid insurance on house and has a fire and replaced things in the house which he wants to walk away with.

    Daniele’s Answer

    With a few exceptions, anything acquired during the course of marriage is considered marital property subject to division. If the two of you cannot agree, the Court will have to decide how the property is divided. It does not matter whose name is on the property or who actually paid for the property. It is all marital subject to division through the divorce.

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  • My husband is in a relationship with a younger woman but refuses to agree to a simple divorce agreement. What should I do?

    We live in Georgia and have been married for 21 years. I don't have pictures of him in bed with his girlfriend. I have copies of bills he has paid love cards she has given him. He pays for everything he buys her with cash, then throws away the rec...

    Daniele’s Answer

    If you want a divorce, you can get one by naming or not naming grounds. Regardless of easy or difficult your husband wants to make it, if you want a divorce you will get it. You just need to find an attorney who will work hard with you to make sure you leave this marriage in the best possible financial position through alimony and property division.

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  • I need an affordable lawyer for a divorce my husband leaves and come back and I just started working. He is cheating on me.

    We have been married for 3 years and for a year has been leaving me and coming back when he gets ready. Text messages from him that hurtful. His girlfriend took me to court to try and get a restraining order on me lying that I have threaten her. M...

    Daniele’s Answer

    You need an attorney. You should find a family law attorney willing to work with your budget. You can also request the Judge to make you husband pay a portion of your attorney's fees.

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  • My fiancee's divorce decree has the wrong year on it. What should we do?

    We recently applied for a marriage license after getting his divorce decree. We got the license no problem. It was only after we got home that I noticed the year was wrong. It was supposed to say November 2014 but it says 2015 which hasn't even go...

    Daniele’s Answer

    Look to see what the stamped "filed" copy of the divorce decree says. You may not need to do anything. What matter is when the divorce decree was stamped "filed" by the clerk's office, not the date that was written on the order by the Judge or attorneys.

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  • If I moved out of Florida, do I have to file for divorce in Florida or can I file for the divorce in Georgia?

    I used to live in Florida, but when I separated from my wife, I moved back to my hometown in Georgia. Do I have to file for divorce in Florida or can I file where I reside?

    Daniele’s Answer

    If you file against her, you will have to file in the county and state where she resides. If she is still in Florida, you will need to file it there. If she files against you, you will be the defendant and she will have to file in Georgia, assuming that you have been here for more than 6 months.

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  • Divorce

    If one spouse needs to file bankruptcy but the other spouse does not, should this keep the spouse that wants a divorce from filing? The spouse that needs to file bankruptcy will not file until the divorce issue is settled for fear of not being ab...

    Daniele’s Answer

    A potential or pending bankruptcy should not delay one from seeking a divorce. Through the divorce action, many of your concerns will be addressed, including, which one of you will be vacating the residence and when that is to happen. You should seek a family law attorney who also is familiar with the process of bankruptcy or is willing to working very closely with your bankruptcy attorney.

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  • Im married but my wife in prison

    We have two kids witch there not in our consisted her mom have the kids I've tried to go though the court house paper for a divorce but she want sign we dont have anything together only the kids im not fighting for custody just want a divorce from...

    Daniele’s Answer

    You will be able to get your divorce. You will have to file in the county where she is incarcerated, if she has been there for 6 months or more. Then, you will proceed with the divorce as if she is not incarcerated. You will need to hire an attorney to make sure certain rules and procedures are followed.

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  • How is division of property and child custody determined in the state of GA

    Married for 29 years, have 7 year old son, I work but my husband has always taken care of the household expense. I have a financial situation where I am going to file bankruptcy, because I would not allow my husband to help me with the mistakes I...

    Daniele’s Answer

    You really need to speak with an attorney. Custody is going to be based on the totality of the circumstances. You are going to have to share the details of your marriage with your attorney so that you can be property advised.

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  • I want to modify the custody agreement of my 12-year-old daughter who lives with her mother. Can I realistically do this?

    I have been divorced for about 8 years now and my ex and I have joint legal custody of my 12 year-old daughter. My ex-wife has now decided to move my daughter from Georgia (where we currently live) to Alabama less than two months left of the schoo...

    Daniele’s Answer

    You need to consult with an attorney immediately and file for a modification. Once the action is filed, a standing order will be issued, prohibiting her from removing the child from this state. Unless the two of you can reach an agreement, the Judge will then consider the totality of the circumstances and make the determination of what is in the child's best interest.

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  • Do I need to legitimize my son after the mother and I get married?

    My son was born before the mother and I got married but we're married now for 5 yrs. Would I still have to legitimize my son and if so can I do it without a lawyer

    Daniele’s Answer

    Your son was legltimated once you married the mother. Nothing further is necessary.

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