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Cynthia Vaughn James

Cynthia James’s Answers

31 total

  • Can I get a no fault divorce with minor children

    The mother is highly addicted to drugs and in an out of jail. And I'm wanting sole custody

    Cynthia’s Answer

    Both of my colleagues are correct. I practice family and criminal law in Barrow and Jackson Counties. Even with the lack of any further information, what you have provided is significant. First, you do not want to rule out any potential grounds, fault or no fault, in your initial complaint. Secondly, no fault is not the same as uncontested. Even with an uncontested divorce, with children involved several technical documents are required. You can get divorced with only one parent represented and drafting a consent agreement for both parents to sign as the court order. I encourage at a minimum a consultation with a local attorney.

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  • I got a ticket in Gwinnett County for driving over Gore (40-6-50) .

    Is there any reasonable cost attorney , who is willing to take my case.

    Cynthia’s Answer

    I frequently represent clients in Gwinnett traffic court. I am knowledgeable of the area, solicitors and judges. I can give you a free 30 minute consultation on the phone or in person. My office is in the neighboring county of Barrow, City of Winder. I am familiar with this charge and would need more information regarding the facts surrounding the stop and the issuance of the ticket before I can quote a fee. My fees are reasonably set depending upon the circumstances.

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  • Im on first offender probation for a possession with intent I violated my probation with a dui what will happen

    This is my first violation

    Cynthia’s Answer

    You can be picked up at any time on the probation revocation warrant; they can hold you for up to 30 days on that warrant before you are presented to the judge. You did not say where your probation was for sure, but if it is managed by the Barrow Co office, how soon your violation is addressed could depend on how long you have been on felony probation, how well you have complied with them and whether your conditions for probation are finished (besides finishing out the term). In this situation, it is better to involve an attorney earlier rather than later. Your attorney could make arrangements up front with the PO and work the DUI simultaneously, possibly minimizing the consequences as much as possible.

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  • Easiest way to file for emergency custody?

    My wife left me and my 4 month old son over 2 weeks ago. How can I file for emergency custody and can I on my own? She is now asking to see him but is unwilling to give me an address where they will be staying and in the past month she has lived i...

    Cynthia’s Answer

    You have to file for divorce to get any type of custody order for your son. Until any award of custody is made by a court, each one of you have equal rights to the child. At the same time the divorce is filed, you can also file a motion for emergency custody but you have to give the Court a reason that it is an emergency. Barrow County judges are narrowing the circumstances for emergency actions but may consider circumstances such as drug abuse, arrest records, mental illness, threats to take off with the child as enough to hear the action as emergency and grant custody until a full hearing can be had. Did an emergency action in Barrow just yesterday. I can do a free 30 consultation; by phone is best.

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  • Have Ct ordered garnishment papers for support. Ex has new job but refuses to say with who and isn't turning papers in to them

    He is currently $9,755 in arrears, hasn't gotten the children for his weekend in over a year but calls them regularly.

    Cynthia’s Answer

    You have a sizable contempt action. Usually, the Winder child support services office will bring contempt actions after an arrearage of $3000+. But if you do not have your case registered with them, they cannot enforce the child support award. If you do have your case registered with CSE, you can still file a separate contempt action against him in Superior Court. At that time, you can present your arrerage and he may have to pay some on top of the regular child support obligation. Your question has "them" in it, so I am guessing that your case is registered with CSE and he is evading 'them'. If that is the case, your remedy is as above, file in Superior Court. Best to do it with an attorney.

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  • How long do I have have to be a resident of GA before I can file for uncontested divorce?

    I have been separated for 9 yrs. She lives in California, I live in Georgia(since July 2013). When we married we were both in Chicago, IL.

    Cynthia’s Answer

    You need to live in Georgia for six months to have personal jurisdiction over you, unless you are the Plaintiff/filer, then you subject yourself to the personal jurisdiction of the court as long as you are a now permanent resident of the county in which you file. Venue will not be in Georgia unless you two lived here for part of your marriage much more recently than nine years ago. Much depends upon whether the two of you share any minor children. It gets much more complicated then. If she has no property, real or personal, that you want an equitable division of located outside of the state of Georgia, you have no minor children born of the marriage AND she agrees to have the divorce finalized in Georgia, then you are set.

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  • Filing for Divorce but spouse will not give address to me

    I was told that in the divorce papers where it asks for my spouse's address I can put "ON FILE WITH CHILD SUPPORT SERVICES UNDER CASE #XXXXXXXX" and they can get her address through them to serve the divorce papers to my spouse. Is this correct? M...

    Cynthia’s Answer

    You were advised incorrectly and will probably need to hire an attorney to handle the divorce. It usually makes sense to hire an attorney that practices in the area where the divorce will be filed, which, incidentally, is the county where she lives, which would make it necessary to know her address. I do free 30 minute consultations in Barrow/Jackson Counties.

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  • I got a speeding ticket while traveling to FL and I was going 76 in 65. Should i just pay the fine or go to court?

    The court is 2 1/2 hours away from my house and i would hate to make that drive and come right back. However this is my first ticket and I am 20 years old

    Cynthia’s Answer

    • Selected as best answer

    Since the speed charged on the ticket is less than 14 miles an hour over the speed limit, the ticket is not reported on your driving record and therefore should have no further consequences than the fine. Being under the age of 21 can have more serious consequences if the charged speed is more than 14 mph over the limit or if you reach the speeds that trigger the super speeder laws. Under 14 mph should be safe to just pay the ticket. Since it is under 14 mph, you also should not have any points assessed against your license.

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  • Is there any free or reduced legal Aid for devorce cases near atlanta ga?

    We would like to settle out of court but I don't want to mess up and lose everything. Thank You!

    Cynthia’s Answer

    My colleagues are correct. To my knowledge, Barrow County's applicable legal aid office is either in Athens or Gainesville. For the most part, they will only take cases involving domestic violence. I do free consultations and can look at any paperwork you have. I also do some document drafting on a very limited basis. I would be happy to speak with you for a free 30 minute consultation.

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  • I am seperated. Going thru divorce. Can me husband cut my phone off if the account is in his name?

    I have just been servered with the divorce papers. so we are in the very begining of this.

    Cynthia’s Answer

    Mr. Ashman is correct. Check your paperwork to see if you have a "Standing Order" signed by all of the judges saying that certain property or services cannot be changed during the divorce except in the 'normal course of business'. Barrow/Jackson/Banks counties do have that order. I think Athens-Clarke/Oconee does too. You can call the clerk's office in those counties and ask about a standing order to get another copy if you cannot find one in your paperwork.

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