Questions And Answers About Divorce In Georgia
Can I still use old evidence? I’m wanting to file for divorce. My husband cheated on me in 2016. Can I still use that in court? He hit me in a public restaurant while I was holding our child because he was intoxicated, there are witnesses but I didn’t file a police report. Can I still use that as well?
Daniele’s answer: Yes. You will be able to use the “old” evidence. Custody, division of property and division of debt may all be decided based on the conduct of the parties during the marriage. No matter how old, relevant evidence will be considered at trial. It is for the court to decide what evidence is relevant.
I live in Atlanta but my husband lives in Chicago can I file my divorce here? We have been separated for 17 months can I file for divorce here?
Daniele’s answer: Your questions is not very easy to answer. There are several factors to consider that attorneys would not be able to consider outside of a consultation.
I prevailed as the defendant in a modification 90+ days ago and entitled to legal fees. How do I get them? Since the final hearing I have incurred and paid $20,000 more in legal fees because the opposing side has tried to withdraw, set aside, refile, appealed to Supreme Court. If I ask my lawyer what is going on it costs me $500 and she even charges me to e-mail how and when I’m paying my bill. I feel she is not fighting hard to get my fees or stop the frivolous nature. Now she says I’m only entitled to the costs up to the hearing date and the $55K affidavit she submitted then anyway and none of the $20K charged thereafter.
I have already gone into such deep debt and forced to mortgage the house to fight this battle and now experiencing even more severe financial problems because after the hearing my ex conveniently “lost his job” and quit paying child support/alimony, kid’s medical insurance, school, etc. I don’t know what to do. If I don’t get money back ASAP, I will default on these loans, my house, car and the new modification case he filed that I can’t afford to file an answer. On top of all this, I have a rare terminal disease. The stress is nearly unbearable.
Daniele’s answer: I am sorry that you are having a difficult time with you current attorney. There are time constraints to consider. If you have lost faith that you attorney is not acting in you best interest, you need to move on and consult with another attorney to preserve your right to seek reimbursement of fees.