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  1. #1

    Default Getting Legal Help for a Divorce

    My question involves a marriage in the state of: Georgia

    My mother and father are getting a divorce, my mother was always a stay at home mother, so never worked and now has health problems. She is on medicaid and disability. My father has hired a 'hardball' lawyer.
    whom has sent a summons asking for all the information, and it has to be answered within 30 days. They are asking for things such as, All text between any guys, accounts and financial information basically a lot of busy work stuff that they expect to take a lot of time. We have talked to 3 lawyers, whom wont even take the case because of the lawyer he has hired.

    My question:

    1.) Can we get her any help, the most money I have to give is $3,000 as a retainer, she has no money and I've been helping support her. She doenst really want to fight, just wants half of everything they have accumulated.

    2.) Can we delay the summons that is saying we have 30 days to send a reply? 30 days is not a lot of time top process, find a lawyer and do everything that needs to be done. What are our options?

    3.) offer any advice you can, they were married for 42 years, have been separated for 5 years. He ran her out of the house after she found out he was cheating on her. She does have recording of them from his phone, and she also lives in the house my mom lived in with my father now, openly.

    I am kind of caught in the middle and don't know what to do. I love my parents both but I have to support my mom since no one else will..

    Thanks.

  2. #2
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    Default Re: Getting Legal Help for a Divorce

    If your father is looking for a courtroom brawl, the only way your mother is going to avoid a fight is to roll over and give him pretty much everything he wants. If, despite his choice of lawyer, he's willing to settle for half, it should be relatively easy -- he can instruct his lawyer to settle for an equal split.

    Your mother would be well served to respond within the 30 days, and to hire a lawyer within that time frame. It is possible to move for additional time, but your mother would have to figure out how to prepare, file, notice and serve the motion -- and the court may say "no". She can ask her husband's lawyer to agree to give her more time, but he may say "no".

    If they have been separated for five years, their estates will already be largely separate. Is this about more than equity in the marital home? e.g. division of retirement accounts or benefits?

  3. #3
    Join Date
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    Default Re: Getting Legal Help for a Divorce

    If your mother has more than $2,000 in assets. She will not qualify for monthly SSI. She may or may not qualify for Medicaid. If she does not receive SSI for 12 months. She will have to file a new application. Be sure she is aware of this

  4. #4

    Default Re: Getting Legal Help for a Divorce

    shes never really worked, but i think social security should be split from his account since they were married for so long? no retirement accounts other than that and money in the bank.

  5. #5
    Join Date
    Jun 2014
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    3,157

    Default Re: Getting Legal Help for a Divorce

    Quote Quoting sailence
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    shes never really worked, but i think social security should be split from his account since they were married for so long? no retirement accounts other than that and money in the bank.
    I assume she is receiving SSI and not SSDI. If she receives SSI and has more than $2,000 in resources. She will not qualify for SSI as long as she has more than $2,00O in resources. It does not matter how she obtained the resources. If she does not qualify for SSI for more than 12 months. She will have to file a new application when her resources are below $2,000. Any resources she has now and keeps. Will be added to what she receives in the divorce settlement.

  6. #6
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    Default Re: Getting Legal Help for a Divorce

    Quote Quoting sailence
    View Post
    shes never really worked, but i think social security should be split from his account since they were married for so long? no retirement accounts other than that and money in the bank.
    Once she is of retirement age (and he is too) she can claim retirement benefits under his work credits. That would not actually "split" his account. He would get the same benefits he would get otherwise, she will just get benefits too.

    I am also going to guess that if they are not already at retirement age that they will be soon.

  7. #7
    Join Date
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    Default Re: Getting Legal Help for a Divorce

    If she is receiving SSI. She will have to apply for Early Retirement off of his record when she turns 62. The amount will be reduced for the rest of her life. But, she has to apply for it at 62. He does not have to be retirement age. He only has to be entitled to it.

    There are no financial requirements for retirement. Only SSI has financial requirements

  8. #8
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    Default Re: Getting Legal Help for a Divorce

    Quote Quoting sailence
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    shes never really worked, but i think social security should be split from his account since they were married for so long? no retirement accounts other than that and money in the bank.
    Has she explored the possibility of getting help through legal aid?

  9. #9

    Default Re: Getting Legal Help for a Divorce

    She has, they are reviewing everything and will let us know this wednesday.

  10. #10
    Join Date
    Sep 2017
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    495

    Default Re: Getting Legal Help for a Divorce

    How much of the 30 days has passed already? Hopefully Legal Aid can help in enough time. I was approved for Legal Aid because my marriage had domestic abuse involved, but they were working on a 3 month delay. I hope she is able to find help soon.

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