Rhonda Blackwell Siler's Answers

Can I file for an uncontested divorce if my wife had originally filed and recently got a lawyer to contest the divorce?

Did your wife's lawyer actually file a divorce complaint or did she hire the lawyer to review the paperwork that you presented to her to sign? Is your wife now willing to work with you to resolve any remaining issues and move the divorce forward? If your wife is not willing to work with you then you will not be able to file for a uncontested divorce and will have to proceed with a regular or "contested" divorce for now which means you will probably have to hire a lawyer to help you with the...

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Divorce (property settlement)

Yes, you will need a Quit Claim and possibly some other documents depending on the property and the circumstances surrounding it, like if there is a lien holder. I am assuming that you do not have an attorney handling this for you and you are acting pro se. If that is correct, then you should be able to contact the attorney directly and express your concerns that important documents are missing. I would also require your husband to sign the documents prior to signing the agreement or for you...

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Does a fit father automatically have the right to 50 50 joint physical and legal custody after the child is legitimated?

A fit father who legitimizes his child and also petitions the court for custody and visitation will almost always be granted joint legal custody and the customary noncustodial visitation in the county where the divorce is filed unless the other party is able to show the Judge that they are unfit. In order for the noncustodial parent to get joint legal and physical custody, most Judges will only grant it if both parents agree to it and even then some Judges will not award it. If he and the...

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What is Georgia law about paternity test? Do I have to consent?

If he goes through all the proper legal channels and the Judge issues an order for the test to be done THEN you will need to allow your daughter to be tested but you do not have to do it until then. If he has hired a lawyer, then the lawyer will explain to him that if he is found to be the biological father then he will have to pay child support. Also, just because he is found to be the biological father does not mean he will get visitation. He will also have to file an action requesting...

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What action can be taken on a mother who moves the child 5,000 miles away.

If there has been no modification of the child support payments in nine years then it might be in father's interest to see if under the current rules requesting a modification might lessen his obligation to pay if that is an issue. But the big issue will be which court has jurisdiction and which laws apply, Georgia or Arizona. The court that made the original custody and visitation order retains jurisdiction to decide modification unless the parties and child no longer have close ties to the...

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How do i fill out child support documents to follow ga guidelines 19-6-15(b) Parents will hae joint legal custody.

Unfortunately you just demonstrated why online document preparation services are not worth money you pay for them since there really is not a one size fits all document for divorce due to fact that every state and often every court has different rules. Try looking at this link: http://www.georgiacourts.org/csc/ and see if that helps you. Also, call the Paulding County Clerk's Office and see if hey have a Self-Help or Pro Se program.

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How do I choose the right workers comp lawyer for me?

Although finding a lawyer with experience in Worker's Compensation law is extremely important, in my twenty years of experience as a lawyer I also think it is almost as equally important to find an attorney that you feel comfortable with on a personal level. Worker's Compensation claims can continue for many years before they are settled and the day to day interaction between the client and the lawyer's office is extremely high due to the fact that the lawyer is your contact person for your...

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My ex is getting a lawyer should i also get one for court involving a tpo?

TPO hearings are set up to be informal so people can represent themselves because the people who most often need these types of proceedings are the people least likely to be able to hire an attorney. Based on this fact, If you are the person requesting the TPO against some one else then you do not need a lawyer unless the child you referred to is his son and you suspect the real reason he hired a lawyer is in preparation of a custody battle. If the child is his then you might want to go ahead...

Divorce : If both parties are in agreement , and there are no children, what is the estimated cost of attorney's fees ?

You should be able to hire an uncontested attorney in your area for $300 - $500.00. The filing fee should be around $210.00. Since you live in a metro area, I would suggest you hire some one who ONLY handles uncontested divorces instead of a regular family lawyer who also does contested cases so that you do not get lost in the shuffle of their higher paying cases or feel pressured to make your case more complicated that it is so the lawyer can bill you for a higher fee.

Once divorce papers have been filed with the court, can they be changed before the final decree?

The Parenting Plan, which is the document that outlines custody and visitation, does not become a final order until it is signed by the Judge and can be changed at any time up until then. Child support can only be set by the Judge and the parties have no authority to reach their own agreement regarding it. If the divorce has been filed then you should already have a hearing date set for the Judge to review the paper work. Your son will need to be at that hearing. If there is not one set...