Georgia Divorce Legal Questions

  Unfortunately, your settlement agreement, whether arrived at by joint consent or court order, has no impact on your creditors.  If you were on the loan for the BMW prior to the divorce, unless she refinanced it, you are still on the loan. That being said, oftentimes a divorce decree / settlement agreement will have some sort of indemnification or hold harmless language in it like the following: Husband shall have sole ownership and possession of the vehicles in his possession.  Husband shall be solely responsible for the upkeep of, maintenance of, insurance on and all payments, when due, on such vehicles, relieving Wife of any obligation whatsoever.  Husband shall hold Wife harmless for and fully indemnify Wife of any liability with respect to said indebtedness.  While this type of language won't get you off the hook with the creditor, it does help to establish a cause of action for you to go after your ex for the damages she's caused.      ... Read More

There will be variables depending on the facts of your case, but generally speaking a birth certificate can be amended or corrected.   For basic or simple corrections (like typographical errors, misspellings, etc.), first you need to obtain a certified copy of the birth certificate from the state vital records office.  Indicate all changes or corrections you want to make by circling them on the birth certificate.  You also need to submit a written request with specific details and instructions for the desired changes, and send copies of any supporting documents you have as well.   Unfortunately though, changing paternity is not a basic or simple correction. The appearance of the name or social security number of the father (entered with his consent) on the birth certificate, unless rebutted, is sufficient to prove paternity.  The burden of proof then lies with the alleged father to rebut that in a proceeding for the determination of paternity.  Further, when both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is properly recorded with the state, the acknowledgment constitutes a legal determination of paternity.  However, that legal determination is subject to the right of either party signing the acknowledgment to rescind the acknowledgment no more than 60 days from the date of signing. After the 60 day rescission period, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. It is important to note that the legal responsibilities of any signatory, including child support obligations, may not be suspended during the challenge, except for good cause shown.    ... Read More

The law presumes 50/50 in division of assets, and has to review support matters as well. But you have to assert/ask for those things. Do not sign an agreement that does not give you those rights. You should meet with an attorney to review your situation in terms of all the aspects of divorce, from assets/debts, to support, and placement/custody.... Read More