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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: When I am buying a house when I am separated but not divorced yet. Can the husband get the half?
Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 29, 2022

It will be marital property. Short answer: don't do it. Get divorced and then purchase a house.

1 Answer | Asked in Divorce for Georgia on
Q: My ex husband has been incarcerated for almost 4 years. We got divorced almost a year ago. If his family hasn’t gotten

His stuff can I throw it away?

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 26, 2022

This depends on what your divorce decree says. Your divorce decree probably gives him a deadline by which to get his belongings. If I were you, I would reach out to his family again with a drop dead deadline and tell him that you will get rid of the belongings by a certain date if they do not come... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Ex-spouse continues to store boat trailer in my yard after many requests to either move it or pay me storage rent. Help!

We were divorced August 19, 2022-all personal property was supposed to be removed in 30 days.

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 13, 2022

It's possible the property was forfeited and you may be able to get rid of it. You can consult with an attorney who can review your documents and give you advice.

1 Answer | Asked in Divorce for Georgia on
Q: In ga, how do i get an appeal filed if the divorce was not fair, being im a victim of D.V. Of 18 yrs. I have no money
Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 10, 2022

You need to contact an attorney who can review your documents and give you advice.

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: Can a defendant in a divorce case request a rule nisi to settle temporary custody issues
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Nov 10, 2022

Yes, a temporary hearing can always be requested.

1 Answer | Asked in Divorce for Georgia on
Q: Can you legally be divorced if you haven’t taken parenting class in ga
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Nov 9, 2022

The class is required for all divorcing parents of children. However if the decree gets signed without one party having taken the class, that does not invalidate the divorce.

1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: What do I do now? My husband has not lived with me except for one month before and after quadruple bypass surgery.

I do not have the $3000 to $10,000 for an attorney for a divorce. He has not contributed to the household since stopping his direct deposit the last week of November 2021. There’s physical abuse, adultery and even a USB PLUG he put in my house at some point with a hidden camera. What do I do? We... Read more »

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

You have said that this is a complicated case, but cannot afford a retainer. Your options are to save up to hire an attorney, or you can file the case without an attorney. For the type of case that you have described, your litigation budget should be around $20,000. A $5000 retainer is not going... Read more »

1 Answer | Asked in Divorce, Family Law and Collections for Georgia on
Q: GA order need to garnish in TN for unpaid $.

Have a judgement against my ex for over $36,000 in court in GA. He resides in TN. The order states he agrees to pay $250 per month to my local court. He has made 2 payments in the last 2 years. Without hiring an attorney, how can I apply for a garnishment in TN to obtain what’s already been court... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 1, 2022

You would have to follow the Tennessee procedures to make the Georgia judgment into a Tennessee judgment. Once the judgment is "domesticated" into Tennessee, you can move for a writ of garnishment in that court. The place to start is the Tennessee statutes, more than likely online. You... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: My mother notarized my fiance's divorce papers from his ex-wife so we can marry, but is this legal in Georgia?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 30, 2022

A notary should be a person not related or connected to the parties. That is not the ideal scenario when thousands of non-related notaries are available. If the case has not been finalized and the paperwork signed by a judge, I would redo all the documents and have a disinterested notary sign.... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My wife committed adultery. She has been gone since 02/09/21. When can I get rid of her belongings?

My wife committed adultery. She has been gone since 02/09/21. When can I get rid of her belongings? She had a man that she met on facebook and came & picked her and 3 of my children. She lives in Illinois now. When can I get rid of her belongings?

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

You should not. You can file for divorce and the court can decide by what time frame they are considered abandoned.

1 Answer | Asked in Child Support and Divorce for Georgia on
Q: Will the courts require the absent parent to pay child support through child support enforcement when filing for divorce

I am going to file for an uncontested divorce without an attorney. My ex and I have actually been separated for over ten years. We do have two children together, one is no longer a minor. He has agreed to sign the divorce packet if I waive the child support. Is this possible? I know that it isn’t... Read more »

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

Child Support can't be waived.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: What do I do in the divorce process if one of the children is not the husband's biological child?

There are 3 children born during my marriage. 2 of them are my husband's biological children and 1 was born after we split. It is not my husband's biological child and he has never supported or raised this child in any way. What do I do regarding that child in the divorce process?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 6, 2022

You need to speak to an attorney about this. It is possible to note the husband has no responsibility for the other child, but it must be done correctly. Legally, all children born during the marriage are legally the husband's.

1 Answer | Asked in Divorce for Georgia on
Q: If a house was bought with personal settlement monies while separated but not legally. Is it community property?

The monies from the settlement were also deposited into a brand new account and the house bought from that account . The couple had been separated for 2 years already with an order of protection in place .

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 4, 2022

Any house purchased during the marriage is marital property. The court can decide to award the property to one party vs. the other or a certain percentage based on fairness. We are not a community property state.

1 Answer | Asked in Divorce for Georgia on
Q: I will be filing for divorce from my husband here in Ga, can I file and move to Va.?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 1, 2022

You need to speak with an attorney about your situation. If you have minor children, moving may not be best. If you don't, it may be possible for you to file and move immediately.

1 Answer | Asked in Divorce for Georgia on
Q: I am 72 years, my husband is divorcing me. How can I make him sign a LOAN MODIFICATION my mortgage bank I approved.

husband had a stroke in 2018 he has never been the same. I know that his mental capacity has changed because of this. I will lose my home. He has said he doesn't care. I will lose everything I have invested in this home. He now lives with his son . What can I do so the bank will approve the... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 30, 2022

You can't make him sign anything. You can request from the divorce court the ability to modify the loan.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can my spouse throw away my things while “cleaning” the bedroom or garage?

No one has filed for divorce yet and we have no children.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 25, 2022

Yes. Courts don't interfere in marriages unless a divorce or separation case has been filed.

1 Answer | Asked in Divorce for Georgia on
Q: I was divorced 10/12/2018 (divorce decree) We were married 31 yrs. I received alimony, I am not sure when it ends

We were married in Pgh and divorced in Pa. My Ex is a Pilot with AA , he keeps saying it’s almost done, and other things to worry me, I thought alimony ended after 7 yrs . How do I find out?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 23, 2022

You have to get a copy of your divorce decree and / or settlement and it will tell you.

1 Answer | Asked in Divorce for Georgia on
Q: Do spouses have fiduciary duties to one another in Georgia? Do the same rules apply during marriage as in the divorce?

in case spouse is hiding assets.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 13, 2022

There aren't really rules when married. If you think a spouse is hiding assets, you can't force them to disclose unless or until you file for divorce.

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