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Daniele C. Johnson
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Daniele Johnson’s Answers

266 total


  • Does anyone know if inexperienced a guardian ad litem ever was charged with contempt of court?

    A parenting plan already agreed to was on the table one year ago, wasn't good enough for the guardian. By causing confusion and unnecessary court delays. We ended up to the very same agreement that we came up with at the final that the guardian wi...

    Daniele’s Answer

    I don't think you would be successful in your attempt to have the GAL held in contempt of court. Likewise, a bar complaint would not work either. It sounds like you went through a very long; painful; and expensive ordeal. Perhaps the best thing you could do would be to put this all behind you and concentrate on raising your child with your co-parent.

    Good luck.

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  • What are my rights under the law if things go south? Can he force me to leave? How do I protect the kids and I?

    I'm a woman, reluctantly facing divorce (married in 2012). We have 1 child together and I have 1 from a previous marriage. There is no infidelity involved but there have been 2 unreported instances of inappropriate hands on me and a 3rd instance o...

    Daniele’s Answer

    This is a very complicated case. You really need to speak with an attorney. Try to find on that is familiar with the domestic violence divorce. To answer your questions, if the two of you cannot agree on issues, such as, primary custody of the child and possession of the marital residence, the Judge will have to decide. In making that decision, the Judge will look at the totality of the circumstances. There is a lot going on in your case. You really need to consult with an attorney to develop a strategic and safety plan for you and your children.

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  • Do we actually have to have resided together at some point during the marriage to make the marriage legitimate?

    My husband and I have been married a short time but I'm already considering a divorce. The terms of our prenup state that we have to be married for at least a year before I am entitled to receive alimony. We've been married a year but living in se...

    Daniele’s Answer

    Your marriage is legitamate. Therefore, the prenuptial agreement is enforceable if it was properly drafted. To make that determination, it would have to be reviewed by an attorney.

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  • My ex hasn't paid me anything since the divorce was finalized and the settlement established he had to pay me $4000.

    My divorce was finalized November 2014 and the settlement consisted in my ex paying the amount of $4000. This amount was split in payments of about $400 that he was supposed to pay throughout 2015. He hasn't made one single payment. My lawyer, onc...

    Daniele’s Answer

    He is in contempt of court. Hire an attorney to file the contempt action in the county where the decree was originally issued.

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  • Can I have a court require my spouse to continue paying certain bills after our divorce instead of alimony?

    I am getting a divorce. My spouse & I have always split the bills. He gives me a certain amount of money from his paycheck every payday. I would like to continue to receive this money but, not have it considered alimony. I have a handicapped chil...

    Daniele’s Answer

    You need to financially plan for life after the divorce. Start with a realistic look at your currently finances and come up with an amount that you will need from him to support you and your child. You then need to work closely with an experienced family law attorney to reach those goals. With additional information, your attorney may be able to have the payments you receive from your husband in such a way that it it not considered alimony. You need a lawyer.

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  • Who pays for the divorce? Will I be eligible for alimony ? We owe on home, will I be able to stay and will he have to pay mort?

    I am in Ga, 58 and on disability My husband is having an affair. Who pays for the divorce? We own a home we are paying on,I can't afford home on my own. Will I be eligible for alimony ? Can he make me move out of the house ? We have been married ...

    Daniele’s Answer

    Unless the two of you can agree, the Judge will have to decide on who pays for the divorce and whether alimony will be awarded. Regardless, these are matters you really need to consult with an experienced family law attorney to discuss.

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  • Pre or post nuptial agreement. Does each party need to have their own attorney to insure the agreement is valid?

    Pre or post nuptial agreement. Does each party need to have their own attorney to insure the agreement is valid? Or can one attorney be hired to draw up the agreement for both parties? Tks

    Daniele’s Answer

    There are several things and terms of art that should be included in the agreement to make it valid. It should be drafted by an attorney who is familiar with the rules and laws surrounding such agreements.

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  • Can I represent myself, if so, how or where do I get information on what I need to know or do once I file the papers??

    I have been married for 20 years, with two girls ages 10 & 11, my husband and I are separated currently, we have little to no assets, can i get a divorce without a lawyer?? If so, how do I get information on how and what I need to do or know to re...

    Daniele’s Answer

    You get the information you need to complete this divorce by hiring an attorney. If you are dealing with custody/visitation matters and property/debt division, this is not a simple matter. You need a lawyer.

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  • How do we find out if my drunk then fiance married this woman who I am told was heavy on drugs also?

    I have known my fiance for over 7 yrs. I knew about his first wife was deceased. I didn't find out that he is suppose to be married to a second woman. He couldn't remember marrying her, but woke up married according to his drunk friends. This marr...

    Daniele’s Answer

    • Selected as best answer

    If there is a legal marriage somewhere out there, it must be dissolve before you can be legally marriage.
    He may have enough to get the marriage annulled. He should consult with an attorney to discuss in further detail.

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  • Can a valid and binding prenup be created after marriage, or does it have to be done before marriage?

    Prenup after marriage

    Daniele’s Answer

    Yes. However, it is called a postnuptial agreement instead of prenuptial. It would still have the same binding effect as if it was signed before the marriage.

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