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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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I filed for separate maintenance in Ga. He was served on

Customer Question

I filed for separate maintenance in Ga. He was served on August 2, but has not yet filed an answer. We had mediation on Sept 15. He was missing documents, and we verbally agreed to convert to divorce at that time. As of today, he still has not provided important documents, has not filed an answer, is not paying the credit card as agreed and there has been no trial for bridge the gap alimony, and states that he will not allow me to access our jointly owned home (I have a deed w/ my name on it) I am living out of state for my own safety. I have a feeling the attorneys are just dragging this out to get more $.What can I do?
Submitted: 1 month ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

He legally cannot stop you from accessing your own home unless there has been a court order granting him use and possession. But if you're worried about your safety, it may be better to file a Motion for Access, asking the judge to grant you the right to go in and pick up your things at a specific day and time. If you have a court order, you can ask police to go with you just to ensure that there isn't any problem.

If you requested documents but did not serve an official Request for Production of Documents, you can serve that now. He has 30 days to produce them. If you gave her the Request and he didn't reply after 30 days, you can request a discovery conference with his lawyers. After the conference (or if they ignore your requests), you can file a Motion to Compel.

Expert:  Lucy, Esq. replied 1 month ago.

You can file a request for temporary alimony at any time. If the request has been made and no action taken, you can file a Motion for Alimony Hearing. And a Motion to Enforce Settlement should get you an order that he needs to pay the credit card. If he still doesn't do it, then you could file a Motion for Contempt.

Expert:  Lucy, Esq. replied 1 month ago.

Did you have any other questions about this?

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