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I
don't understand a "no fault" divorce. Isn't it always
someone's fault?
Not in legal terminology. A "no fault" divorce is any
divorce where the suing spouse does not have to prove
fault by the other spouse.
Then what happens when both spouses are "at fault"?
Generally, a court will grant the spouse least at fault
a divorce when both parties have disclosed grounds for
divorce. This is called "comparative rectitude."
I am being sued for a "no fault" divorce. How do I
stop this divorce?
An objection to the other spouse's suit for divorce is
an irreconcilable difference that would justify the
divorce. There are several defenses to a "fault"
divorce, however.
I can't stand these harassing phone calls from bill
collectors anymore. Can a lawyer make them stop?
Our attorneys can file for bankruptcy for you, which
sets up what is called an "automatic stay." This
automatic stay will prohibit virtually all your
creditors from taking action to collect on your debts.
Won't I lose my property if I file bankruptcy?
Not if you file for a Chapter 13 bankruptcy.
Does the State of Georgia recognize Common Law
Marriages?
Yes, if that marriage was created before January 1,
1997.
I don't think the zoning regulations are being
applied properly. Where do I find County Zoning Codes in
Georgia?
Actually, there is a copy online at the Municipal Code
Corporation of Tallahassee, FL at
www.municode.com
There should also be a copy in the law library of your
local courthouse. The Clerk of the Real Estate Record
Room in your county may also have a copy.
How can I appeal a zoning issue?
It is best to consult legal counsel for this type of
appeal. In Georgia, each county may name its planning
commission, board of appeals, etc.
I have a very small contracting company. Can you help
me understand the municipal laws in Georgia?
The attorneys at David Jean Couch & Associates, P.C. are
experienced in the municipal laws affecting public
bidding, contracting, and taxes. We will be glad to
help.
What do I need for a legal will in Georgia?
You must be at least 14 years old, and have the mental
capacity to realize that you are making a will disposing
of your property. The will must be in writing* and
witnessed by 2 or more witnesses in a specific legal
manner. An attorney is important to the preparation of a
will as formal execution and proper format is as
important as the content of the Will. * unless made
on your deathbed
I am a student. What is my deadline for filing tax
forms?
If you are an employee and received wages subject to
U.S. income tax withholding, you must file your tax
forms by April 15th of each year. . Otherwise, you must
file your tax forms by June 15th of each year..
Individuals filing only Form 8843 have until June 15th
of each year to file.
Will my estate have to pay my taxes after I die?
Probably not. There is a federal estate tax at your
death only if your property is worth more than a certain
amount, and that amount varies by the year of death.
Property left to a spouse is exempt from taxes if the
spouse is a U.S. citizen. There is no estate tax
assessed on any property left to a tax-exempt charity.
Can I avoid federal estate taxes?
Yes, many times you can. The following are some examples
of items that are not normally taxed:
- Tax-free gifts (up to $10,000 per calendar year per
recipient)
- Tuition or medical bill payments
- Gifts to a charity (reduces the size of your estate
and the eventual estate tax bill)
- An AB Trust (property is left in trust for children,
but gives the surviving spouse the right to use it
for
life)
- A "QTIP" Trust (postpones estate taxes until the
second spouse dies)
- Charitable Trusts
- Life Insurance Trusts
What is a Living Will?
This is a written instruction to a physician to withhold
or withdraw life-sustaining procedures in the event of a
terminal condition.
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©
2001-
David Jean Couch & Associates. Attorneys at Law
Serving Peachtree City, Atlanta, Georgia: Real Estate Law,
Municipal, Family, Planning / Zoning, Tax, Estate
Planning, Wills, Probate
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