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Andrea Dyer Hastings
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Andrea Hastings’s Answers

7 total

  • Can my ex get alimony if we have been married for 6 years in Georgia? We both have worked the whole time equally.

    We currently have a dfcs case open with the guidelines that we stay together. We separated because she has had numerous affairs through the years and it was not healthy for the kids to be around her. The case closes tomorrow for me and I am gettin...

    Andrea’s Answer

    There are a number of factors the Court may consider when determining whether to award alimony. The facts you list above may provide compelling arguments in your favor, but this issue does require the assistance of a skilled attorney to properly and effectively present the facts in conjunction to the statutory factors the Court will be examining when making this award. While you may have a safety plan and visitation in place through DFCS, you will likely need to memorialize that in a Court order as well through a divorce proceeding. I encourage you to hire a divorce attorney as soon as possible to gather the necessary information and prepare the arguments and case on your behalf.

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  • Do I need a divorce without a marriage certificate?

    My husband and I were married in 2001. Our officiating minister returned the marriage license to us once he completed the ceremony. Neither of us turned the license back in to the court. In 2004, we decided to separate. At this point, the marriage...

    Andrea’s Answer

    You need to obtain a divorce. The failure to properly return the marriage certificate to the court after it was signed by the minister is a technicality, and you are legally married. He is committing bigamy by being married to two women at the same time. Do not rely on what he told you that the probate clerk allegedly said as the clerk is not an attorney and can't render legal advice. You certainly don't want to emulate his error by remarrying without properly divorcing this man.

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  • Can a person file a restraining order in 2 states?

    I was served with restraining order in GA and as I was looking for local representation i received yet another order from the same plaintiff but now filed in their state and to appear at a hearing out of state (a state I have not visited in 2 year...

    Andrea’s Answer

    You will definitely need to have representation in both states. There are legal ramifications associated with failing to appear for a hearing. As difficult as it is, your best bet is to hire a lawyer in each jurisdiction.

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  • What can i do if my ex wife refuses to pick up my children to return to her.

    My ex wife lives 7 hours away and during the summer my daughters visit with me .Our divorce papers state we each make the full drive during the summer. This summer I drove to her residence to pick up my girls and she is supposed to drive to my res...

    Andrea’s Answer

    It would only be possible to pursue a contempt action against your ex-spouse at the point that she has actually violated the terms of the agreement, which is to say once she fails to drive to pick up the children. If she fails to follow the terms of the agreement and pick up the children, you could decide to file a contempt and possibly a change of custody action depending on the totality of the facts and circumstances. Generally situations like this one are much larger than the need for "gas money" and her willingness to forego picking up the children may be a reflection of the bigger picture. If she violates the court order, it would probably be worth your time to talk with an attorney and at least review the entire situation to determine the proper next steps as far as legal action is concerned.

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  • If I am seeking a divorce attorney, what percentage of their practice should be devoted to divorces?

    I am planning to file for a divorce and have noticed that most attorneys devote their time to other areas of the law other than divorce. I was interested in knowing if I should select an attorney who devotes most of the expertise to divorces or do...

    Andrea’s Answer

    Experience definitely matters in this situation. It is extremely important that you have an attorney who specializes in family law. It is a specific area, and the issues are the most important in your life: your children and your financial future. Once you find attorneys that have the necessary skills to handle such important aspects of your life, it is also vitally important that you hire an attorney with which you are comfortable and have a level of trust.

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  • My husband and I have only been married for two years, how will property and monies be divided in a divorce?

    We purchased a home together, have a joint account, and a son. I own a town home and have over 100k in my 401K, I also have a good amount of money in my personal savings account. I purchased the townhome before we married, and the money saved in m...

    Andrea’s Answer

    I recommend that you have a consultation with an experienced divorce attorney proceeding any further with your divorce. Your issues are manageable but complicated and require expertise in the area of separate property in divorce law in order to be handled properly. The issues to be considered and addressed are division of property, custody and support (possibly spousal and certainly child support). Spousal support may or may not be an issue given the length of your marriage, but an appropriate analysis would require a deeper understanding of the facts of your case. As to property division, in Georgia, marital property is divided "equitably". This does not necessarily mean 50/50. This includes any property and assets acquired during your marriage, and it can also include any contributions you may have made you your premarital assets during your marriage. Separate or premarital property is not subject to equitable division, but it is the burden of the individual making a separate property claim to be able to prove that the assets are indeed separate and/or premarital in nature. This is a very fact-intensive analysis that would also be more appropriately addressed during a consultation with an experienced family lawyer. Child support is calculated using the child support worksheets, but there are factors that will impact those figures. Custody is also an issue that will depend on the specific details of your case. I strongly urge you to meet with an attorney to discuss these issues more thoroughly.

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  • No visitation with my child, can my child support be stopped?

    I can fit all the details here so I will only put the main ones: The mother of my child got a restraining order on lies, and the judge granted. The restraining order also states I can't go around my child or her house. Long story short there was ...

    Andrea’s Answer

    Child support and visitation are separate issues, and are treated separately under the law. Thus, although the mother of your child has pursued legal means to terminate your visitation rights (presumably on a temporary basis), this does not create a right to terminate child support. The right of support belongs to the child, and if your child's mother agreed to suspend your child support, that agreement would not be legal and you would be subject to a contempt action in a court of competent jurisdiction.

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