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1 Answer | Asked in Divorce for Georgia on
Q: What is O.C.G..A. Title 19-5-3 (13)

I have to answer this before the end of august

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Aug 12, 2021

This is a Georgia state statute located in the Official Code of Georgia Annotated. This provision states the following

"(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service...
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1 Answer | Asked in Car Accidents for Georgia on
Q: I was passing a vehicle in the left lane bobtail semi truck .4th of July 12:30 at night stayed a little to long in lane

I am a safe driver there was no traffic in front or behind in that lane or would as always moved over. I'm 65 years old and this is my lively hood should I fight the ticket or not .

Tim Akpinar
Tim Akpinar answered on Aug 12, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. There's no point losing further time reposting under Traffic Tickets. You could reach out to traffic ticket defense attorneys in the Atlanta area if you haven't already done so. See the tab above -... Read more »

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... Read more »

Titus Thomas Nichols
Titus Thomas Nichols answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is the state required to submit all body cam and dash cam evidence in the discovery?

What was categorized as a traffic stop was really an investigation. Allegations of a traffic violation could not be substantiated. Further allegations during the traffic stop stated that drugs were found in plain view but those allegations are unsubstantiated as well. Even during a sentencing... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

If exculpatory evidence exists the prosecutor is under an ethical duty to turn over that evidence.

2 Answers | Asked in Child Support for Georgia on
Q: How do I get my child support order lowered due to loss of job and medical issues?

My divorce was in lumpkin co. Georgia a decree was entered December 9 2019

V. Joy Edwards
V. Joy Edwards answered on Aug 10, 2021

If you have had a change of income, you can Petition the Court for a modification of child support. It would need to be filed in the Count of the Defendant's residence.

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2 Answers | Asked in Family Law for Georgia on
Q: Cps took my daughter from the hospital when she was born. It has been 3 years what can I do
Michael D. Birchmore
Michael D. Birchmore answered on Aug 10, 2021

Wow! 3 years and you have done nothing? The only way for you to obtain valid information is for you to meet with a qualified attorney to discuss all the facts of your situation.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I purchased a vacant lot. There was a sculpting on the land. The neighbor, the artist has removed it from my property

Do I just let him have it? The survey noted on the survey at closing "Neighbor's Art Over Property Line" He didn't contact me. He just came onto my property and took it.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 10, 2021

The land is called "real" property. Anything on it that is not attached or 'connected' to the real property is called 'personal' property. Because the sculpture was not 'connected' to the land it was personal property that the owner (sculptor) could remove.... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: What does withdrawal of amendment to schedules mean in a Chapter 7 bankruptcy case?
Timothy Denison
Timothy Denison answered on Aug 10, 2021

It mean a prior amendment made to the debtors schedules has been taken back or removed (usually by the debtors counsel).

4 Answers | Asked in Divorce for Georgia on
Q: Hello. Can I file for divorce if there is a TPO granted to my husband against me in Georgia? Thank you.

I know I have to hire a lawyer in GA.

Ellaretha Coleman
Ellaretha Coleman answered on Aug 10, 2021

yes.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Removal procedure dismissal

I was in deportation removal procedure due to miss court date . After years, the judge dismissed the case without prejudice, by ICE request. In the meantime while waiting, my adjustment of status was submitted before the judge who received it based on my marriage with my US citizen spouse; along... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 9, 2021

Your I-485 was filed and is pending with the USCIS. The court had jurisdiction to adjudicate the application when you were in removal proceedings. Now that your case before the court has been dismissed the USCIS has jurisdiction to adjudicate the application. Send a request to the USCIS at the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Does it apply to someone under the influence?

I received obstruction

William Jaksa
William Jaksa answered on Aug 9, 2021

Absolutely. Always. Imagine if that was a defense for all criminal charges?

1 Answer | Asked in Uncategorized for Georgia on
Q: GA Weapons Carry renewal

I was denied my GA Weapons Carry Permit renewal because I was arrested in 2001 for marijuana possession. I previously renewed it 2 times without any problems. 20 years since only violation which was reduced to a (DC-6 disorderly conduct). No other violation and I am 52-years old. Is there a way to... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

Some states do allow expungement depending on the types of charges. I am not sure about the charges considered or requirements to do so in Georgia. I would consult an attorney in your area familiar with this process. I know in Alabama, you would need to have completed all requirements of your... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Georgia on
Q: I have a warrent for identity theft If its my 2nd charge and I'm not on probation can i get a bond

If I pay the card ofd then turn myself in will it help

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

It will be up to the discretion of a judge if they permit bond. However, your alleged crime is not one that poses substantial risk of physical harm to others, so it is likely they would let you bond out, unless you have prior charges other than identity theft.

With regard to turning...
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1 Answer | Asked in Collections for Georgia on
Q: How to deal with creditor that try to contact me about a credit card and a loan in my deceased husband name.

Credit card and loan under his name only.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

If you are not a co-signer or guarantor of the loan, then you would just need to inform them of his death. They may ask for a copy of his death certificate or obituary just to close out their file. If that does not satisfy them and end the communications, then you will need to send them a letter... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I go about getting custody of my child or doing child support When I live in a different state

Mother of My 4 month old son is refusing to let me see him unless I am with her in a relationship

Michael D. Birchmore
Michael D. Birchmore answered on Aug 6, 2021

If you were not married to the mother, then you have absolutely NO rights whatsoever to the child. You are going to have to file a petition (complaint/lawsuit) in the Superior Court of the county in which the child lives. Only when you do this will you ever have an opportunity to see the child.... Read more »

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1 Answer | Asked in Health Care Law for Georgia on
Q: Can my wife Sue a hospital for physically restraining her arms and legs without her consent. There was no order by a DR.

There was no order from a Doctor to restrain her in her chart. There was no documentation in her Medical Chart of her being restrained at all. The Nurse that restrained her was not trained in the use of restraints. Furthermore, there were no notes or documentation in my wife's medical chart of... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

I would suggest you consult an attorney immediately because the facts discussed here lead me to believe you do have a claim against the nurse and the hospital.

I could see potential claims of medical malpractice, negligent training/supervision/hiring, assault, battery, false imprisonment,...
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1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... Read more »

1 Answer | Asked in Consumer Law and Identity Theft for Georgia on
Q: Do you handle bank account fraud?

A friend of mine had a text from Zelle (aka Synovus Bank) regarding a suspicious transaction. They asked personal questions, in which he answered. Within 6 minutes they transfered over $7,000! He disputed it with the bank in which there turned down. He also reported it to the police with the name... Read more »

Sabrina A. Parker
Sabrina A. Parker answered on Aug 6, 2021

You should go to the bank directly and speak with the branch President and explain what happened and see if they can reverse the charges. If the number on your caller ID is a Synovus Bank number, they may be more inclined to investigate the matter and possibly reverse the charges.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Can an adult do a religious exempt form for college in GA?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 5, 2021

Your question makes no sense. What are you wanting to do? What concerns you about getting what you want? You must explain your situation so that we can understand the context and substance of your question/concern. Try stating your question again and add more information this time.

1 Answer | Asked in Products Liability for Georgia on
Q: Is Lexus offering me & others “goodwill money” to fix our hybrid model vehicle an admission of liability on their part?

I purchased a Lexus hybrid 5yrs ago and only gotten my car serviced with them.Without any warning or signal of distress, it just started make a rattling sound and my CE light came on.Took it immediately to Lexus dealership who callously told me that my gas cover had a “hairline fracture” that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

Contact the Center for Auto Safety. You can also file a complaint with the Federal Trade Commission and the US DOT.

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