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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: My spouse has not completed the parenting course it has been over 60 days. How can I get her to complete it?

I served my spouse with divorce papers over 60 days ago and she did not file an answer nor did she complete the parenting class. The court clerk told me that I could file a motion for pleadings but the judge denied it because my spouse did not file the parenting class certificate. Do I need to file... Read more »

Terri Herron
PREMIUM
Terri Herron
answered on Aug 4, 2022

If there is a standing order, you can file a motion for contempt if the standing order states that he is to take the parenting seminar.

1 Answer | Asked in Divorce for Georgia on
Q: I did not include a proposed final judgement in the divorce papers that I had served to my wife. Was that wrong?

She did not answer the divorce complaint. That was over 45 days ago. I have since filed a motion for pleadings and a proposed final judgement but I am unsure if the court will accept it because I did not include it in the initial packet that was served to her.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Aug 2, 2022

If she did not file an answer, the judge is not going to just sign a divorce decree. The judge likely will set the case for a final trial and the judge will decide the terms of the divorce after that trial. So, no, you don't have to serve her with a proposed decree.

1 Answer | Asked in Divorce for Georgia on
Q: Can I do the process of filing divorce through the court when my husband has been estranged for 4 years?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 31, 2022

Yes, you can file for divorce.

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: I purchased a home by myself for me and my children does she need to be involved to sell?

I am going through a divorce and we have been separated for 4 years. I purchased the home 2 years ago and because she took my children recently and the car I have no choice but to sell. Does she need to at closing even if she has nothing to do with the home?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

If the home is classified as "marital property," then your ex-wife will have a "fair," equitable interest in the home. Thus, your ex-wife will likely have a say in how the home is liquidated/sold. If the home is classified as "separate property," then she will have no... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Divorce, wife was awarded certain assets, I was awarded certain assets. She kept things like horse pen, fencing, etc. Wi

Wife was awarded house as long as she could have it refinanced out of my name within 15 months of the judge's signature. After which she would have 30 days to leave the residence. 30 days is coming on and we're on 60 days now question is those certain assets like fencing and all... Is she... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 24, 2022

The answer to this depends on the specific language in your final divorce documents. You need to consult with an attorney who can review the documents and then give you advice.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How to request continuance for 7/14 divorce final? Atty dropped ball, then w/drew.Custody. New atty.7/14, but no prep.

Prev counsel issues. Huge mistakes. Custody battle. Dad filed emerg hearing, then not allowing Mom any visits, contempt. Moms atty never filed anything or req. f/up. Def-mom Confronted atty and atty withdrew. 4 days later hearing sched for TODAY 7/14 at 1!! Mom s/w new counsel, trying to gather $... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 14, 2022

You cannot contact the court ahead of time. You can go to court and ask for a continuance for the reasons you stated. You should try to hire an attorney immediately so if the case is reset for a short time from now they can be fully prepared.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: If an attorney claims a retainer is not refundable, what happens to the left over money not used?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 12, 2022

If a fee is nonrefundable, there isn't anything "left over" and the full fee is earned by the attorney when paid. When attorneys accept a case, they immediately start working on its, and they are precluded from representing any adverse party to the client. They are allowed to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Is my boyfriend married if he's got an old marriage license from 2017? All parties have signed it along with a witness.

It also has the signature of the officeint. I have a pic if you could look at it pleasei can blur the names out of the document

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 11, 2022

Someone looking at a marriage license isn't going to be able to tell you if he's married. It's possible he divorced after the marriage.

1 Answer | Asked in Divorce for Georgia on
Q: Good evening.question is in divorce decree.. Wife shall have fifteen months from the signing of final decree to" In

This statement when does 15months start and end? Final decree was signed march 15, 2021. Does March count as a month since there was more than half a month left if not when is the end date

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 9, 2022

June 15th 2022 was the deadline.

1 Answer | Asked in Divorce and Civil Rights for Georgia on
Q: Lawyer Facebook friends?

My Lawyer and my ex Lawyer is Facebook friends, It appears like they are good friends.

I would expect my Lawyer to tell me something about this,

Isn't this violating Lawyer ethic laws?

please read

https://www.tlnt.com/the-problem-when-attorneys-become-facebook-friends-with-a-litigant/

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 8, 2022

This does not violate any ethics laws. Most attorneys have attorney friends and as long as it doesn't impact the representation, it doesn't matter.

1 Answer | Asked in Divorce for Georgia on
Q: Can I sue my husband for having a type of STD before we met and never told me even after we got married or had a child

Husband has genital warts and never told me. Once he did I asked him if it was serious and he said he didn’t know he didn’t ask questions when he was diagnosed. Then after 4 years he told me

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

You may be able to sue for negligence or battery if your husband should have known or did know he had the STD, but neglected or intentionally chose not tell you, and then you contracted the STD from him. However, these types of lawsuits are complicated and you will likely have an issue with spousal... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Can I file the divorce papers I had drawn up in Georgia in Ohio? Because my county will not serve out of the county.

My filing was rejected "Rejected because this needs to be filed in the state and county where the defendant lives. Will not serve outside of county."

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 26, 2022

No, you cannot file Georgia divorce papers in Ohio. Also, it is possible to file for divorce here even if your spouse does not live here. Contact an attorney for assistance.

1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: If I want to fire my divorce lawyer and file myself, do I dismiss him or ask him to withdraw?

I am in GA and have been trying since the end of Oct 2021 to get divorced from my husband who I have a TPO against for a year. I have no more money to pay and will file Pro Se. We have no minor children and the only thing I wanted in my original request is a divorce (which I paid upfront for a... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 8, 2022

Unequivocally tell your attorney you want to fire him/her. At that point, the attorney should file a motion to withdraw with the Court. Further, it is good practice for your attorney to draft a termination letter and for you to review and sign. However, the termination letter will not be filed with... Read more »

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I need help understanding a final modification to my parenting plan

It says Under Special conditions: The parties agree that the following special conditions apply to this Parenting Plan and equally to the parties.

It then lists A-P stipulations. on line P. The Mother shall exercise her parenting time with the children in the State of Georgia. Then it... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 3, 2022

We would need to see this to really understand what is going on. Nothing should have been done behind your back. Were you working with an attorney for your case? It shouldn’t have been approved without you reading it over and agreeing to it.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Should I do my divorce separately from my childs father's rights
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: When does my child support end?

….

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 9, 2022

June.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I need legal help very bad. I have filed for divorce back in 2017 and my x refused to show up for court

My x convinced his parents to call DFCS bc he thought I was on drugs (really bc he later learned I had started dating someone)

His parents are millionaires (truth) and managed to get temporary custody now refusing to give her back bc they don’t like my boyfriend

Judge said I... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on May 6, 2022

It does sound like you have a lot going on. You should consult with an attorney who can review the case in detail and provide you with guidance. If you can’t afford an attorney try contacting Legal Aid to see if you qualify for assistance.

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: I voluntarily closed a reunification because dfcs and my kids father defense. Mentally I'm ready now how do I reopen?

I called dfcs for assistance and explained how I had nothing and nobody to help me after losing my car and having to quit my job no daycare choices for my hours. Mentally I became worse the more they tries to "help" to where I responded I rather die before you continue embarrassing me.... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on May 6, 2022

You have a lot going on here. You should consult with an attorney who can review the facts of the case in detail, help you sort it all out, and provide you with guidance.

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