Jon Vincent Forehand's Answers

How can I file for a no fault divorce? Is a no fault divorce free?

You seem to be somewhat confused about divorce terminology. A no- fault divorce refers to the grounds for the divorce. In Georgia the no fault ground is that the parties are separated, without hope of reconciliation so that the marriage is irretrievably broken. The ground for the divorce does not govern the cost. Normally cost is around $81 filing fee plus $25 sheriff's service fee.You can apply to have the court costs waived if you contact the clerk's office to file a pauper's affidavit....

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I plead not guilty now i want to change my plea to guilty before i got to trial. can i do that?

You should always hire an attorney to represent you when you have been charged with a crime. In general you can notify the court prior to trial that you wish to change your plea. Since you are not represented you can also call the prosecutor to advise them of this change and he can advise you of when pleas will be taken.

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Can I petition the court for a passport for my 5 year old. His father refuses to sign the DS-3053 form for paternal consent.

You definitely need an attorney to help you with the custody matter. If you click on my profile you can read a free legal guide that may help you obtain the passport.

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What is considered possession. Can you be charged for a substance that was not on you taken out of your possession

Georgia law recognizes actual and constructive possession. If you were in close proximity to the drugs when you fled it could be some evidence of constructive possession. However the State must prove more than mere presence at the scene of the crime. These determinations are generally jury questions and are very fact dependent. You should retain a good criminal defense attorney in your area.

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Can I adopt my married adult stepdaughter in Georgia?

Your step daughter would have to consent to the adoption.

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Can my exwife be sued for my personal credit card debts incurred while we were married?

She can only be responsible if she was also on the account or in some cases if she used the account. Hire a good debt relief attorney in your area to discuss further details.

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What factors are looked at in deciding to terminate a temporary guardianship?

The court looks at the best interest of the child.

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My daughters father owes $5500 in arrears. he has applied for disability. if he gets it,will i still be paid the arrears?

Arrears do not vanish when he obtains disability benefits. However, you still have to find a way to collect the arrearage. Likewise, the arrears remains after your daughter reaches 18.

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Does this count as a change in circumstances

If your ex-husband was living with a live in lover with the child present, that alone could qualify as a substantial change of condition. The court will consider all circumstances since the last order. You should consult with a local domestic relations attorney to discuss all the facts.

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If my wife is wanting to contest our divorce and she can't afford an attorney, can I file w/o her signature? What are my rights?

You can file a divorce action without the other person's consent. However you must have your wife served with the divorce papers, usually by the sheriff. Once she is served she has up to 45 days to file an answer to the complaint for divorce or she is in default and you can take a decree without her consent. If she files an answer you would likely need a hearing to resolve the case. In any case you should hire an attorney to make sure the papers are prepared correctly and to protect your rights.

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