Question regarding divorce

[singlemother328]

What is the name of your state (only U.S. law)? Georgia

My husband and I are getting a divorce. We've been separated for over a year now. He has a lawyer and I do not. I cannot afford an attorney and have no one to help me financially so I am stuck between a rock and a hard place. Here's where it gets trickier: before we separated, I got a car. My credit wasn't good so he put it in his name, however I've made all the payments on the car since I've had it, however now, he's saying that if I can't get it in my name before January 1, 2013 he is going to take it from me. I just lost my job a couple of weeks ago and I'm struggling. Our 2 year old daughter lives with me primarily with him getting her sporadically for a night here and there.

What I'm wondering is, is there any way that a judge would rule to keep the arrangement as it is as long as the payments on the car are made on time every month? He has his own vehicle so it's not like he's under a hardship. I do have the insurance on the car in my name so that takes a lot of responsibility off of him. Thank you all for taking time to read this and for your help.

 

[I'mTheFather]

How is your husband paying for his attorney?

 

[singlemother328]

He is in the military.

 

[I'mTheFather]

Yes, it is possible that the judge will rule to keep things as they are. It's also possible that the judge won't. Are there no marital funds to pay for an attorney? You'll be at a disadvantage without one.

 

[singlemother328]

No there aren't. We've been going through this for over a year now and I've worked, but every penny I make goes to pay bills, buy food, clothes and stuff for the kids. Every time I try to save something happens, car troubles, or whatever, it's been difficult. I've called around to attorneys, but once they hear that I don't have any money they refuse to help, so I guess my only course of action is to educate myself as best I can and go from there.

 

[CSO286]

No there aren't. We've been going through this for over a year now and I've worked, but every penny I make goes to pay bills, buy food, clothes and stuff for the kids. Every time I try to save something happens, car troubles, or whatever, it's been difficult. I've called around to attorneys, but once they hear that I don't have any money they refuse to help, so I guess my only course of action is to educate myself as best I can and go from there.

What about Dad's BAH? Is he assisting you to provide for the kids right now? Who's paying for housing? Are you living in the marital home?

 

[singlemother328]

I get $600 per month in support. That goes to pay my car payment, insurance, and other bills, especially now that I am out of a job. I am living with family right now.

I would also like to know if once the proceedings have been started are we legally separated or still considered married until all the papers are signed and everything.

 

[I'mTheFather]

I get $600 per month in support. That goes to pay my car payment, insurance, and other bills, especially now that I am out of a job. I am living with family right now.

Okay, but are there any funds that your husband controls? Savings? You need to at least get a consult with an attorney.

I would also like to know if once the proceedings have been started are we legally separated or still considered married until all the papers are signed and everything.

Even during a legal separation, the couple is still married. Marriage only ends upon divorce. I don't think Georgia has a legal separation process, but if you're living apart then you are separated.

 

[singlemother328]

When we were married we had a joint checking account. When we separated we got our own checking accounts. The $600 per month is all I receive from him.

ETA: I've called several attorneys and they won't speak to me once I've said that I don't have a lot of money; they need at least the retainer in order to help me.

 

[SESmama]

When we were married we had a joint checking account. When we separated we got our own checking accounts. The $600 per month is all I receive from him.

ETA: I've called several attorneys and they won't speak to me once I've said that I don't have a lot of money; they need at least the retainer in order to help me.

I know of several who take either credit cards or a payment plan. Otherwise wait for Geekess, she has a whole list of resources for GA. Fulton County has a great self help site if you Google Fulton Superior Court.

 

[singlemother328]

Thank you all very much for your help. I have contacted legal aid to see about getting a free attorney, I was told unless I was beaten or battered, they had no funds to help me. The military can recommend lawyers but they don't provide you with one. Any other ideas would be greatly appreciated because I feel like I'm at the end of the rope.

 

[CSO286]

Cut and paste from TheGeekess' posts:

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

http://tinyurl.com/2ue6rdk


Child Support guidelines/calculators here: http://tinyurl.com/2fan2sw

 

[singlemother328]

Would this help me even though I am in Lowndes County