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My husband has filed for divorce and paid the retainer for…

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My husband has filed for...
My husband has filed for divorce and paid the retainer for the attorney. Since filing, he has indicated a willingness to try to work things out but is unsure whether it will work and also doesn’t want to have to pay more money if it doesn’t work. I am wondering if filing for separate maintenance (we live in Georgia) would be the best or simply asking for a dismissal without prejudice? We have 30 days after I have been served and I have not been served yet. I imagine that will happen this week.
Submitted: 3 months ago.Category: Family Law
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Answered in 11 minutes by:
5/28/2018
Family Lawyer: Sue, Family Law Attorney replied 3 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 665
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Customer reply replied 3 months ago
Ok
Family Lawyer: Sue, Family Law Attorney replied 3 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

That's an interesting problem.

If you file for separate maintenance, that puts you in a better economic situation during this uncertain time. However, it my negatively affect your husband's mindset for trying to work things out.

Other than forfeiting the filing fee, your husband loses nothing if the case is dismissed without prejudice. As long as your economic situation isn't negatively effected, this may be the most low key action to take, assuming you want to stay in your marriage.

Sue

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Customer reply replied 3 months ago
Doesn’t that depend on whether the retainer is refundable? I believe we will be successful at repairing our marriage.
Family Lawyer: Sue, Family Law Attorney replied 3 months ago

Good point.

Only the part of the retainer not yet encumbered by the attorney's work hours will be refundable.

I wish you success in repairing your marriage!

Are there other questions I can help you with?

Sue

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Family Lawyer: Sue, Family Law Attorney replied 3 months ago

Did I answer your question to your satisfaction?

Is there anything else I can assist you with?

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please do let me know so I can continue to assist you.

Sue

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