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George Peter Mccarthy

George Mccarthy’s Answers

32 total

  • What are the details of divorce?

    My spouse and I have been married a mere 7 months . We argue often , usually due to selfish decisions on his part . We have been together 4 years ( before marriage ) and did not have such issues before , I think counseling would do us well ....

    George’s Answer

    He does not need your permission to file for divorce. Generally a complaint for divorce is filed when either side wants to end the marriage. Ohio allows divorce based upon several grounds - one such reason for divorce is "irreconcilable differences."

    Generally a divorce is filed when the parties cannot agree on who is getting what property, how assets and liabilities are going to be divided, and how to deal with any custody issues involving children.

    In a divorce, the court will decide who gets what property and how any other assets and liabilities should be divided up between the parties and who will have custody and visitation time with their children.

    If the parties are agreeable about who is going to get what, then they file together for a "dissolution" of the marriage. A dissolution also ends a marriage but is used when the parties agree on how they will divide marital assets and liabilities.

    You are not required to get an attorney. However, because it is such a significant life event it has far reaching implications and therefore I suggest you talk to an attorney. If you don't have the money to hire an attorney, you can look for a "legal aid" or "poverty clinic" in your area that might assist you as well.

    Some courts have a mediation program available where a neutral third person attempts to help you through the divorce/dissolution.

    Counselling is usually not required by the courts before granting a divorce although it is not a bad idea. You also may make such a request in a divorce is filed. And of course you can seek counselling without filing for divorce.

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  • How can I get divorced when I have no money?

    My wife and I have been married for 3 years and we have a 2 year old child together . All we do is fight , yell , scream , argue , and literally try to cause as much pain and hurt on each other as we can whenever we can . I am a disabled arm...

    George’s Answer

    Check in your county for a "Legal Aid Clinic." Sometimes called a"Poverty Law Clinic." There is one in Canton at (330) 456-8361 - 306 Market Ave N, Canton, OH 44702 . They might be able to help you or possibly refer you to a similar place in Massillon to help.

    You can also check with your local attorney bar association to see if anyone offers "pro bono"(free) or reduced rates for vets.

    Thank you for your service and good luck.

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  • Convicted of a loud muffler, but cannot pay the fine.

    I got stopped by a police officer , for what he said was a loud muffler . I believe I was stopped because the care is my fathers name and he has a suspended license . I tried to explain that to the officer and then to the courts . I also , tr...

    George’s Answer

    Some courts allow you to make payments on fines and costs and as long as you do so your license will remain intact. They usually require you to come back once a month to make a payment to avoid any additional consequences or to explain why you still need more time to pay. However, this practice differs from county to county so you should check with the court. Do not ignore it because if your license is suspended for non payment you will likely have an additional cost to unblock your license.

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  • I was in a car accident-the other driver was cited for failer to yield. Problem is she doesn't have insurance!

    What do I do? My car is deemed totaled-both air bags went off...the cost to fix it was estimated to be 12,000. I never heard from the other persons insurance-so I called the court house and they said she did not show proof of insurance at her he...

    George’s Answer

    She probably does not have insurance if she did not produce it in court. But have you seen a copy of the officer's report? If not, you can get a copy of your accident report from the officer's department or from the BMV. Her insurance company should be listed on the report. You can contact her insurance to make sure she does not have insurance coverage. If you verify she does not then you consult with an attorney regarding your options in suing her and obtaining a judgment against her. If you obtain a judgment in your favor that ultimately that could affect her credit and cause her to ultimately pay for the damage. It also could attach to any real estate she may own.

    DISCLAIMER - This is information in nature only. No attorney client relationship has been formed or is intended. I highly recommend that you seek an attorney in your area to disuses you legal issues as enforcement and interpretation on law can vary from county to county & state to state.

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  • My husband has yet to file for divorce, i carry the medical insurance do i keep him on?


    George’s Answer

    If there is no divorce or dissolution filed then you do not have to keep him on - but consider this - if he incurs medical expenses and they are not covered by insurance then they will likely be considered marital debt - owed by both of you.

    If a dissolution or divorce has been filed then insurance must be kept in place.

    You might want to double check in case he has filed but you have not received the papers yet.

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  • How long do the police have to turn in an underage drinking citation?

    My court date is scheduled for 11/12/12 and i visited the court house today and they said no ticket is on file.

    George’s Answer

    Generally the officer has up to two years to file the charge for a misdemeanor of the first degree. That rarely happens. In underage consumption cases (and some other cases), the officer may file it the same day you are supposed to appear in court.

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  • How to fight seat belt ticket

    I was pulled over by state highway patrol that said i was speeding. I had my seat belt on but under my shoulder. He said is was being improperly used and issued me a ticket for the seat belt. I know a seat belt ticket is a secondary ticket. I d...

    George’s Answer

    Maybe - you are probably right about the officer looking for a reason to stop you. And the officer cannot stop you for simply not wearing a seat belt. However, the initial questions was whether the officer was justified to initially detain you. My guess is that he didn't lock in your speed. But in my jurisdiction the court would likely find that the officer had probable cause to stop you and then legally observed you not to be wearing your seat belt .

    you can appear and contest the ticket if you like. However, note that the law states that you must be wearing your seat belt "properly adjusted". Unless you have a medical condition that prevents you from wearing it as intended (and probably a doctor's excuse), the court can find you were not properly wearing it.

    Court costs are likely to be more expensive than the fine which is only $30. Court costs are likely to be double that. On the back of your ticket it likely said how much you would pay if you forfeit bond.

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  • I have a DUI and revocation in Ohio 5 years ago. Now I cant get a license renewed in MN. What to do?

    Actually I plead guilty to one DUI and a week later recieved a second along with a DUS. The second I plead Not Guilty to and got the heck outta there. It turned out to be the best thing I could do. Since I have rebuilt my life, have a great caree...

    George’s Answer

    I'd suggest you try to find out (yourself or through an attorney) if there was a warrant issued for you from the Ohio Court you had the ticket in. If i understand you correctly you never completed your second OVI case in Ohio. If that is correct you were likely placed on indefinite suspension until you take care of your outstanding case(s) in Ohio. That court may have issued a contempt against you for failing to reappear before the court. Once you get those cases taken care of then that Court will release the "hold" on your license and you should be able to renew in MN.

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  • What is the maximum sentence for two d.u.s's

    this is second d.u.s in six years and one no operators license

    George’s Answer

    I will assume your prior No OL charge was filed under 4507.02 or another section but NOT 4510.111. If your No OL was under 4510.11 or 4510.16 then the info below will change.

    If your prior DUS charge was under ORC 4510.111 and this current charge is a repeat 4510.111 within THREE (not six) years then it is a misdemeanor of the first degree punishable by a maximum 180 days in jail and $1000 fine and max 1 year license suspension, and if car is registered in your name then possible immobilization of plates and impoundment of car for 30 days (one prior conviction and convicted again within three years). If you did not have proof of insurance then restitution can be ordered if an accident occurred.

    If this is your first ORC 4510.111 violation in three years then it should be an unclassified misdemeanor.

    If driving under an OVI suspension (ORC 4510.14) things get worse starting with mandatory jail time.

    I recommend you speak to an attorney in your area since there may be multiple issues since you have a prior.

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  • If there is a red light cam at a auto collision can i call to get the pics to use in my defense in court?

    i recently got in an auto collision and the other driver hit me at the intersection. the other drivers claims i was in fault for running a red light i know for a fact i had a green light to proove my innocence i want to call and get pictures from ...

    George’s Answer

    Yes - you can subpoena the information which an attorney can do for you. However, you would want to see one as soon as you could since such infomration may not be stored for long.

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