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Georgia Divorce Questions & Answers
2 Answers | Asked in Divorce for Georgia on
Q: Am I still liable to pay of debt from a divorce if my ex wife has stopped me from contacting her & pay off my portion

My ex wife & I had an uncontested divorce. It was agreed that we split all the finances. I was consistently paying her for two months until & she stop contacting me. She has removed me from all the financial accounts we shared together. She has furthered blocked me from all contacts & social media

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

Were you paying her or were you paying for the debts directly to where the debt is owed? If you agreed to split all the finances, including the debt, then you would still be obligated to follow through with that.

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2 Answers | Asked in Divorce for Georgia on
Q: If recently my son found out his wife had gotten a Divorce with free divorce papers from the courts,

The problem here is these papers were filled out and signed while she was pregnant with our daughter. So at that current time we had no child born in the marriage, although they had a son in which she never took the motorized signature of my son ( supposively the dad) and her explanation has been... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2021

You have a lot going on here. It would be wise for your son to consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action to address the situation. She will have to provide a DNA test to determine if the child is biologically his. If the... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: My husband and I been married 5 years he cheated could I get alimony
V. Joy Edwards
V. Joy Edwards answered on Jul 16, 2021

Adultery is just one of the factors the Court can consider when determining if Alimony is appropriate. Consult with an attorney to discuss the entire situation to get a clearer picture on if alimony is appropriate.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Have a friend that is married and his wife is cheating she has another man living with her what can he do

She a restraining order against her husband he cant even see his kids while she has another man living in his home

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Jul 12, 2021

I agree with my colleague. He should file for divorce and ask for parenting time. He must still abide by the conditions of his TPO. If he doesn't it could jeopardize his future parenting time.

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3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No.

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2 Answers | Asked in Divorce for Georgia on
Q: I have been divorced in KY for 4 years. When we divided up personal property I forgot to ask for my $1200 Kayak. Can

I have texted him several times even offering to buy it from him; he ignores me. Can I still recover this ?

I divorced in KY and live in KY

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No, the divorce agreement is final. If he doesn't want to sell it to you, there is nothing you can do.

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3 Answers | Asked in Divorce for Georgia on
Q: Do I have to put the Petition Code on a divorce petition?
Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Jul 2, 2021

No, you just need to indicate that it is a divorce Petition and the statutory grounds for the divorce. A few examples are are irreconcilable differences, adultery, or cruel treatment. There are 13 total grounds for divorce.

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3 Answers | Asked in Divorce for Georgia on
Q: Im disabled. My ex-husband made me sign a non-contested divorce & threatened me. Can i go to court and get my part?

I signed divorce papers under the threats of an abusive Narcissist. I am disabled with no income. I was married 25 years. Can prove duress and abuse along with adultery. I cant afford a lawyer as i have 0 income. Waiting for my disability to be approved. Is there anyone that will help me get what i... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 28, 2021

If your case has not been finalized, talk to an attorney immediately about setting aside the agreement.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Would a remarriage to a former spouse null and void the terms of a separation agreement from the first marriage?

Terms of the separation agreement calls for $10,000 to be remitted to former spouse to represent her equity in the marital residence. The couple later reconciles and remarry which just recently ended in divorce for the second time April 2021 with a new separation agreement. The now former spouse... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

You have a lot going on here it seems. I would suggest consulting with an attorney who can review all the facts and provide you with guidance.

2 Answers | Asked in Divorce for Georgia on
Q: Divorce

My wife of 9 years moved and left me in GA

Michael D. Birchmore
Michael D. Birchmore answered on Jun 21, 2021

Did you want us to answer a question for you? If so, you need to post the question here first.

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4 Answers | Asked in Divorce for Georgia on
Q: Which county do I file for divorce?

He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?

V. Joy Edwards
V. Joy Edwards answered on Jun 18, 2021

Yes he can be served in jail. Since he's just in jail, not prison, that's usually not the last know residence. Gwinnett may be the better place for correct venue. You should consult with an attorney on how to best move your case forward.

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3 Answers | Asked in Divorce for Georgia on
Q: I'm unemployed due to a business failure and considering a divorce. My wife still makes 100k.

Is there any advantage or disadvantage to getting a divorce while unemployed? I keep hearing very different opinions on this issue. Who's right?

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

We don't know. More information is needed. Are there children involved? What assets will be fought over? Who is paying the family's bills right now? Do you live in the same house? What are you doing to get back on your feet?

I can say that if you file for divorce now, the...
Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: I hold the mortgage both my ex and I are on the deed. When the house sells, how do we divide the equity?

I refinanced the house taking my ex-wives name off the mortgage but it remained on the deed. The only thing the divorce decree says is the we will hare the "net equity". The house is selling 6 years after the divorce. What goes in to "net" equity. My realtor says i can take... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2021

If your agreement doesn't allow to deduct payments and taxes, you cannot. Net equity is sales price minus closing costs and mortgage. Deducting the payments would mean you got to live there for free for 6 years. You had to pay those somewhere.

2 Answers | Asked in Divorce for Georgia on
Q: My wife has been an alcoholic for years. Now that our youngest child just turned 14, I want a divorce.

Does claiming alcoholism as a fault have any strategic advantage? I have proof as to how it has adversely effected the kids.

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2021

If your 14 year old wants to love with you, that will make your case easier. If you are able to prove she has an alcohol issue, that may impact custody and parenting time.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I committed adultery, now during divorce she is committing adultery. Will that affect Alimony? Custody?

I committed adultery and my wife filed for divorce. We are still in the middle of the divorce and now she is dating someone. Can that affect her alimony? I have proof of the guy spending the night at her house with our toddler there asleep. Can that affect custody?The case is in Georgia.

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2021

It likely will not affect alimony. In order for it to affect alimony, the adultery needs to be the cause of the separation. It appears that the marriage ended because of your adultery and she is dating now. Whether or not the person spending time overnight with your child there is enough to... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: My wife and I will be divorcing soon. One of her family members gave her a large some of money during our marriage.

It was deposited into a joint brokerage account and I invested it increasing the value by over 50%. She has moved the money to a different account and will not tell me the password. She also claims I have to right to the money. What is true? Do I have a right to half or a portion of this money? It... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 10, 2021

Based on what you described, it's comingled. However, unless you plan to get divorced, there isn't much to be done if she has now segregated the funds and you have no access to them.

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3 Answers | Asked in Divorce for Georgia on
Q: Where can I get a poverty affidavit for paulding co
Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

Check with the Clerk of Court at the courthouse in your county. They may or may not have one. GA Legal Services may have one.

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2 Answers | Asked in Divorce for Georgia on
Q: Can I legally separate in GA. My husband's infidelity is reason for divorce. I was recently told he now has cancer.

Husband and I are physically separated for 16 months. I excepted him to help me pay off the business bills but to no avail. He informed me after he was exposed of his infidelity of why he put the business in my name. His intentions were to work under the table and collect social security. He... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

You are correct that this is a sad situation. Legal separations are rarely worth the effort. At the end of the day you would still need a divorce. You have mentioned certain specific facts which will mean you should seek legal counsel to discuss your specific situation with someone who can ask... Read more »

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: I need to get a divorce form my husband that is in prison he has been call and text me

He sad he was gong to kill me and my kids so I just need some help out of this marriage please

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

We are certainly sorry that you are experiencing this. However, we cannot solicit or accept business through this website. You must locate an attorney, schedule to meet with that attorney and then meet with the attorney. Best wishes.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: My ex filed for a divorce and emergency order with me to have no contact with the 3 kids.What happens if I prove he lied

He lied to get the emergency order.

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2021

You need to talk to an attorney about your situation. You may be able to get another hearing.

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