Q- WHAT IS THE DIFFERENCE BETWEEN AN “UNCONTESTED DIVORCE” AND A “CONTESTED DIVORCE”?
A- AN UNCONTESTED DIVORCE IS WHERE BOTH PARTIES CAN AGREE ON SETTLING EVERY TERM AND CONDITION FOR THE DIVORCE, WHETHER IT IS WITH OR WITHOUT CHILDREN. IF ANY SUBSTANTIAL OR MATERIAL CONDITION IS LEFT UNSETTLED THAT REQUIRES A JUDGE OR A JURY TO DECIDE IT, THEN IT IS A “CONTESTED DIVORCE.”
Q- ARE DIVORCES EXPENSIVE?
A- THE PAPERS FOR AN UNCONTESTED DIVORCE WITHOUT CHILDREN STARTS AT JUST $300. PAPERS FOR AN UNCONTESTED DIVORCE WITH CHILDREN CAN BE $1,000 OR MORE. THE PRICE OF CONTESTED DIVORCES WITH OR WITHOUT CHILDREN VARIES DEPENDING ON THE SITUATION. IT’S BEST TO SPEAK WITH THE LAWYER DIRECTLY ABOUT YOUR SPECIFIC NEEDS AND CIRCUMSTANCES.
Q- I’M A TENANT AND MY LANDLORD HASN’T DONE ANY REPAIRS I’VE ASKED HIM TO DO. HE KEEPS SENDING PEOPLE OVER, BUT NOTHING IS EVER REALLY FIXED. WHAT ARE MY RIGHTS?
A- FIRST, START TAKING PICTURES OF EVERYTHING YOU’VE ASKED HIM/HER TO REPAIR. SAVE EMAILS. SAVE TEXT MESSAGES. IF YOU HAVE A CONVERSATION IN PERSON, BRING SOMEONE WITH YOU WHO CAN BE A WITNESS LATER IN COURT, IF NECESSARY. WHAT YOU NEED TO DO IS TO PUT YOUR LANDLORD ON NOTICE. SEND THEM A CERTIFIED LETTER, RETURN RECEIPT REQUESTED ABOUT THE REPAIRS YOU WANT OR NEED DONE. LET THEM KNOW YOU UNDERSTAND
THEY’RE BUSY, BUT THEY NEED TO MAKE THESE PRIORITY SINCE THEY COULD END UP DAMAGING THE APARTMENT PROPERTY. LANDLORDS DON’T CARE IF THE PROPERTY DAMAGED IS YOURS. ONLY WHEN THEY HAVE TO SPEND REAL MONEY TO KEEP THEIR OWN MAINTAINED. IF THEY DON’T RESPOND IN A REASONABLE AMOUNT OF TIME, SEND ANOTHER LETTER. THIS TIME INCLUDE A RECITATION OF YOUR TENANT RIGHTS UNDER GEORGIA LAW; 1) SUE FOR BREACH OF LEASE, 2) REPAIR AND DEDUCT FROM RENT AFTER REASONABLE OPPORTUNITY TO REPAIR, AND 3) GET REPAIRED THEN SUE FOR REIMBURSEMENT OF THE REPAIR. IF THEY FILE FOR A DISPOSSESSORY WITHIN 3 MONTHS OF SENDING THE REPAIR REQUEST, IT’S CONSIDERED RETALIATORY EVICTION AND THE COURT WILL MAKE THEM SORRY THEY EVER SET EYES ON YOU.
Q- I GOT TAGGED FOR DOING 68 IN A 55 MPH ZONE. SHOULD I FIGHT THE TICKET?
A- YES. NO. MAYBE. AND SOMETIMES.
Q- IT DEPENDS ON YOUR DRIVING RECORD, WAS IT A CONSTRUCTION OR WORK ZONE, WERE YOU PULLING A TRAILER BEHIND YOU, WERE THERE OTHER TRAFFIC INFRACTIONS IN ADDITION TO SPEEDING, HOW MUCH WILL YOUR INSURANCE GO UP IF YOU PLEAD GUILTY, DOES YOUR JOB REQUIRE A “CLEAN” DRIVING RECORD. FIGHTING IT CAN REALLY BE IN YOUR BEST INTEREST. HOWEVER, IF THE COST TO BENEFIT RATIO IS TOO MUCH, IT MIGHT BE EASIER TO PAY IT AND TAKE A DEFENSIVE DRIVING COURSE AND GET THE POINTS REMOVED. Q- WHAT IS THE DIFFERENCE BETWEEN CUSTODY AND VISITATION, AND DO I HAVE ANY RIGHTS IF I HAVEN’T LEGITIMATED MY CHILD?
A- SIMPLE ANSWERS TO COMPLEX LEGAL CONCEPTS. CUSTODY IS WHERE THE COURT LEGALLY DECLARES PARENTAL RIGHTS OF THE
PARENTS. YOU CAN HAVE SOLE LEGAL CUSTODY OR JOINT LEGAL CUSTODY. IN THIS SCENARIO, THE COURT IS SETTING THE RIGHTS OF THE PARENT OR PARENTS TO HOW THE CHILD(REN) ARE TO BE RAISED. VISITATION IS EXACTLY THAT- A SCHEDULE FOLLOWED BY THE PARENTS AS TO WHEN THE NON-CUSTODIAL PARENT MAY VISIT WITH THE CHILD(REN). PHYSICAL CUSTODY IS WHERE THE COURT DETERMINES WHICH PARENT THE CHILD(REN) WILL LIVE WITH. THERE IS ALSO SHARED OR JOINT PHYSICAL CUSTODY. HOWEVER, ITS USED VERY LITTLE AS IT CAN GET INSANELY DIFFICULT TO MAINTAIN, CONFUSING FOR THE CHILD(REN) AND HARD TO KEEP UP WITH CHILD SUPPORT PAYMENTS.
Q- I’M GETTING DIVORCED AND I HAVE CHILDREN BUT MY HUSBAND WON’T SIGN THE DIVORCE PAPERS IF I MAKE HIM PAY CHILD SUPPORT. WHAT IF I DON’T WANT IT?
A- THIS COULD BE A PROBLEM. SINCE CHILD SUPPORT DOESN’T BELONG TO THE PARENTS- IT BELONGS TO THE CHILD, THE PARENTS CANNOT LEGALLY ENTER INTO AN AGREEMENT TO WAIVE IT. THE HUSBAND WILL BE ORDERED TO PAY IT WHETHER HE LIKES IT OR NOT.
Q- I NEEDED TO CALL THE POLICE LAST MONTH BECAUSE AN ARGUMENT BROKE OUT BETWEEN ME AND MY BOYFRIEND AND HE STARTED BREAKING THINGS IN THE HOUSE. IT SCARED MY SON, WHICH ISN’T HIS, AND WE SPENT THE NIGHT AT A SAFE SHELTER. I WANT HIM OUT OF THE HOUSE BUT SINCE HE’S THE ONE ON THE LEASE HE SAYS I CAN’T MAKE HIM LEAVE. HE ALSO PAYS THE RENT BECAUSE I’M NOT WORKING. IS THERE ANYTHING I CAN DO?
A- YOU NEED TO MARCH RIGHT DOWN TO YOUR LOCAL SHERIFF’S OFFICE OR POLILCE DEPARTMENT AND FILL OUT A FAMILY VIOLENCE TEMPORARY RESTRAINING ORDER. SOME COURT CLERK’S OFFICES ALSO HAVE THE FORMS. ONCE FILED, HE WILL BE SERVED BY THE SHERIFF AND FORCED TO VACATE THE PROPERTY. IN THE TEMPORARY EX PARTE ORDER, THE JUDGE CAN ORDER HIM TO MAINTAIN RENT PAYMENTS, UTILITIES AND SUPPORT PAYMENTS FOR YOU AND THE CHILD. THERE WILL ULTIMATELY BE A HEARING WHERE THE COURT WILL DETERMINE WHETHER HE POSES A CLEAR AND IMMINENT RISK TO YOU AND YOUR CHILD AND WILL ENTER AN ORDER GRANTING YOU A NUMBER OF PHYSICAL AND FINANCIAL PROTECTIONS.
Q- I WAS INJURED IN A CAR ACCIDENT AND I KNOW IT WAS THE OTHER GUY’S FAULT BUT THE COP DIDN’T SEE IT MY WAY. I’M HURT AND MY CAR IS A MESS, TELL ME WHAT I CAN DO?
A- FIRST GATHER AS MUCH EVIDENCE AS YOU POSSIBLY CAN FROM THE POLICE AND WITNESSES. GET PHOTOS, STATEMENTS, COPIES OF CRASH DIAGRAMS, POLICE REPORTS, AMBULANCE EMT REPORTS, FIRE DEPARTMENT/RESCUE REPORTS, ETC. DO NOT SPEAK WITH ANYONE FROM THE OTHER DRIVER’S INSURANCE COMPANY, EXCEPT IF IT THE SAME AS YOUR OWN. IN THAT CASE, FULLY COOPERATE. DO NOT GIVE A RECORDED STATEMENT WITHOUT AN ATTORNEY LISTENING IN REPRESENTING YOU. NEXT, FINISH YOUR MEDICAL TREATMENT. THIS CANNOT BE STRESSED ENOUGH. ALSO, GET YOURSELF TO A DOCTOR ASAP. DO NOT WAIT. THE LONGER YOU WAIT, THE LESS IT LOOKS LIKE YOU WERE INJURED AND THE LESS INCLINED THE INSURANCE COMPANY WILL BE TO WANT TO SETTLE WITH YOU. NEXT, SAVE YOUR RECEIPTS FROM DOCTORS, CABS, UBER, LYFT, CVS, ETC. THESE ARE REIMBURSIBLE DAMAGES. TELL YOUR JOB TO KEEP RECORDS ON YOUR DAYS OFF, DAYS YOU LEAVE EARLY, SPECIAL ACCOMODATIONS BECAUSE OF THE INJURY-WHEN IT STARTED AND WHEN IT ENDED. IF GIVEN A CITATION, SPEAK WITH YOUR ATTORNEY ABOUT FIGHTING IT. IF FOUND GUILTY, THAT LOOKS BAD- THE ACCIDENT WILL BE DEEMED YOUR FAULT, OR AT A MINIMUM THAT YOU WERE 7 RESPONSIBLE FOR IT. THAT WILL KILL YOUR CHANCES AT A DECENT SETTLEMENT. BACK TO FINISHING MEDICAL TREATMENT; EVEN IF YOUR INJURIES ARE ONLY SOFT-TISSUE, MEANING TREATED WITH MASSAGE OR CHIROPRACTIC TREATMENTS, DO NOT QUIT WHEN YOU START TO FEEL BETTER OR IF YOUR WORK/SCHOOL SCHEDULE CHANGES. YOU MUST CONTINUE UNTIL YOU ARE FORMALLY RELEASED BY THE HEALTH CARE PROFESSIONAL WHO WILL THEN WRITE UP A FULL TREATMENT AND LONG-TERM DIAGNOSTIC REPORT FOR THE ATTORNEY. THIS REPORT CONTAINS ALL THE CRITICAL INFORMATION, DATA, STATISTICS AND OBSERVATIONS RELATIVE TO WHEN YOU FIRST STARTED TO TREAT COMPARED WITH YOUR FINAL DAY. THIS IS USED BY THE ATTORNEY WHEN PREPARING A SETTLEMENT DEMAND PACKAGE TO SEND THE DEFENDANT’S INSURANCE COMPANY.
Q- I’M 48 YEARS OLD, MARRIED AND HAVE ONE SON. MY WIFE AND I OWN A HOUSE AND HAVE MODERATE SAVINGS. BOTH SHE AND I HAVE OUR OWN RETIREMENT ACCOUNTS BUT WE HAVE JOINT BANK ACCOUNT. I GET A SMALL MILITARY PENSION AND VA BENEFITS BEING A VETERAN. DO I NEED A WILL OR CAN MY WIFE AND CHILD INHERIT EVERYTHING WITHOUT IT?
A- AS I ADVISE EVERY SINGLE PERSON WHO ASKS ABOUT THE NEED FOR A WILL AND MY ANSWER WILL NEVER CHANGE… YES, YOU MUST HAVE ONE. LIFE IS FLUID AND FLEXIBLE. IT’S ALWAYS MOVING. YOU NEVER KNOW WHAT IS AROUND THE NEXT BEND. IT IS CRITICAL TO PROTECT YOUR ASSETS FOR YOUR WIFE AND YOUR CHILD. YOU ALSO MAY HAVE MORE CHILDREN, OR ADOPT, OR DIVORCE, WHICH IN THAT CASE YOU’D NEED A NEW WILL. YOU SHOULD ALSO HAVE AT THE READY A HEALTH CARE DIRECTIVE, LIVING WILL, LIVING TRUST, DURABLE POWER OF ATTORNEY, MEDICAL POWER OR ATTORNEY, FINANCIAL POWER OF ATTORNEY, GENERAL POWER OF ATTORNEY, ETC. PEOPLE ARE SO PARANOID, AND RIGHTFULLY SO, OF BEING SUED THAT YOU NEED SOMETHING LEGAL TO THROW AT THEM THE MINUTE THEY TELL YOU
THEY WON’T TOUCH YOU WITHOUT ONE. ALSO, DOES HELP THE FAMILY IN TOUGH SITUATIONS IF THEY DON’T KNOW YOUR WISHES OR PREFERENCES. JOKING ASIDE, NEVER LEAVE HOME WITHOUT ONE.
WELL, IT LOOKS LIKE I’M OUT OF ROOM FOR MORE QUESTIONS AND ANSWERS. I COULD INCLUDE THOUSANDS OF MORE SCENARIOS I’VE ENCOUNTERED IN NEARLY 30 YEARS OF PRACTICE. IF YOU WANT AN IN DEPTH ANALYSIS OF YOUR SITUATION, YOU’RE WELCOME TO CALL ME WHENEVER YOU WANT. I’M AVAILABLE TO SPEAK WITH 8-DAYS A WEEK. SO, FOR NOW, BE WELL, TAKE CARE AND DON’T BE A STRANGER.
LAURENCE F. DAVIDSON, ESQ. (706) 549-6689
DAVIDSON LEGAL SERVICES OF GEORGIA
2500 WEST BROAD ST., BLDG. 600, STE. 608, ATHENS, GA. 30606
