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Georgia Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I want to get a divorce and get full custody of my daughter
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 30, 2023

My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How does equity in a home to pay partners, credit cards and bill affect the divorce settlement? 41 years marriage
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 30, 2023

I would urge you to hire an attorney to represent you in a divorce proceeding. First it has to be determined who is going to be awarded the marital residence or if the marital residence is going to be sold. Then you can determine how the equity is going to be distributed. If the marital... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How does equity in a home to pay partners, credit cards and bill affect the divorce settlement? 41 years marriage
T. Augustus Claus
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answered on Aug 29, 2023

In a 41-year marriage, the division of assets, including home equity, can be intricate in a divorce settlement. The impact of using equity to pay partners, credit cards, and bills hinges on factors like jurisdiction laws, debt origin, and financial circumstances. Considerations encompass property... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Can separated wife seek a share of property bought from trust proceeds?

Wife and I have been physically and financially separated since June 2021 and still working out paperwork for divorce filing. My mom passed last year and I received the trust proceeds this year. I used some of these proceeds to go 50% in on a lake house (sister putting up the other 50%. We are both... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 24, 2023

If neither has filed for divorce, you were still married and not even going through a divorce when the property was purchased. When you say "working out the paperwork" I assume you are trying to file this divorce as uncontested, which means both parties will have to sign all the... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Can separated wife seek a share of property bought from trust proceeds?

Wife and I have been physically and financially separated since June 2021 and still working out paperwork for divorce filing. My mom passed last year and I received the trust proceeds this year. I used some of these proceeds to go 50% in on a lake house (sister putting up the other 50%. We are both... View More

Regina Irene Edwards
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answered on Aug 22, 2023

The nature of the trust is important. You need to speak to a Georgia attorney immediately. Anything that is given to one party via gift is not marital property in Georgia. An attorney can read the trust documents and advise if it is non-marital and how to keep it that way. You are under no... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Can separated wife seek a share of property bought from trust proceeds?

Wife and I have been physically and financially separated since June 2021 and still working out paperwork for divorce filing. My mom passed last year and I received the trust proceeds this year. I used some of these proceeds to go 50% in on a lake house (sister putting up the other 50%. We are both... View More

T. Augustus Claus
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answered on Aug 21, 2023

In Georgia, the division of property during a divorce is governed by the principles of equitable distribution. This means that the court will seek to divide marital property in a fair and just manner, considering factors such as each spouse's contributions, financial circumstances, and needs.... View More

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3 Answers | Asked in Divorce and Real Estate Law for Georgia on
Q: Can I sell my house if my name only is on the deed and my husband is psychologically abusive and won't divorce me?

He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 21, 2023

You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

I'm not sure how police can't help if she is being held against her will. She can call the police and they can assist her in leaving the residence. They will also likely arrest him if he is physically abusing her. She can also see a restraining order against him. She can file for a... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More

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1 Answer | Asked in Family Law and Divorce for Georgia on
Q: My wife of 23 years left and I have been a stay at home spouse for 15 years. She left all the bills on me. What can I do

I have a restraining order on me and I don’t know what to do. Can I get support from her?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 9, 2023

My best advice is to hire an attorney and have them file for divorce. Once your spouse is served your attorney can petition the court for a temporary hearing to address the expenses at the marital residence, as well as spousal support on a temporary basis. Until you file for divorce there is no... View More

1 Answer | Asked in Domestic Violence, Family Law, Criminal Law and Divorce for Georgia on
Q: 16-5-23 Was charged for simple battery -family violence 16-7-23 damage 2nd private property

I don’t understand how it’s saying private property when I was living at the home with my husband?

Joshua Schiffer
Joshua Schiffer
answered on Aug 8, 2023

The property involved was owned by and individual and not the State, that is what they mean.

Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.

I am betting a cell phone or something in the house was allegedly...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Divorce for Georgia on
Q: How does a judge determine if a high income deviation is applied?

I have been a stay at home partner/mom since before our daughter was born. She is 7. He is salaried at $1M. He is offering $2K towards an apartment only (which he will pay directly because he refuses to give it to me directly) for child support. This doesn’t seem reasonable or fair, but I have no... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

Ma'am, hire an attorney. That is the best advice I can give you. Because if you don't, whatever you end up with in a final judgment will be final. And it sounds like you need a professional, with experience, to handle child support in your case, who can gather the proper information,... View More

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3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 25, 2023

You really need to hire local counsel. That being said, if you must file for divorce without counsel, file for temporary orders and seek a mutual restraining order (or whatever GA's equivalent is) preventing either of you from liquidating assets or incurring debt in each other's name... View More

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3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 24, 2023

You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to... View More

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3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

Any debts either of you incur prior to a final hearing in a divorce the Court will determine how they are to be paid, if you all don't come to an agreement. Therefore, you will not automatically be liable for his debts and expenses. But there is nothing you can file to keep him from entering... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Visitation plan question

So my wife attached the visitation plan with divorce papers, and the visitation plan says I can visit my kids twice a month on the second and fourth weekends of every month. However, I read online that if you don’t visit them twice a month, it's considered a court violation. But the question... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

You should hire an attorney to represent you in this case because there are several things you don't understand. First, you don't have to agree to a parenting plan proposed by your spouse. Second, it doesn't specify whether this is a contested divorce or an uncontested divorce.... View More

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3 Answers | Asked in Divorce, Tax Law and Family Law for Georgia on
Q: In my divorce from my abusive husband I was ordered to sell my land and split the money. He has paid no taxes in 6 years

No cooperation with real estate agents from him… I have no problem selling to be done with him but he will not cooperate and sell… I cannot sell anything with both of our names on it without his signature. What do I do? What do you do when one party will not cooperate with a court order? It is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

Unfortunately, you should have determined the issue of unpaid taxes during discovery, in your divorce. Finding that out after the divorce is final, leaves you out of options of how to handle it. Because now that the divorce is final, you can't ask the Court for an order for him to pay any of... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My additional discovery was denied by judge, even though we have an agreement extending it until trial. How to resolve?

I am getting divorced and my previous attorney signed an agreement with opposing counsel to extend discovery until 45 days before trial. My new attorney, who seems to be incompetent, filed a motion for additional discovery with the court and the judge ruled that "the discovery period is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

Not having reviewed the file at all, attorneys on this board can't advise you on this case. You can stay with your current attorney or hire another. But be advised that if you hire a new attorney, they will be expected to get up to speed on your case without a continuance, as I doubt the... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My additional discovery was denied by judge, even though we have an agreement extending it until trial. How to resolve?

I am getting divorced and my previous attorney signed an agreement with opposing counsel to extend discovery until 45 days before trial. My new attorney, who seems to be incompetent, filed a motion for additional discovery with the court and the judge ruled that "the discovery period is... View More

Regina Irene Edwards
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answered on Jul 17, 2023

No one can tell you who is at fault. Armchair quarterbacking without reviewing the file would be dangerous and imprudent. Also, you knew the motion had been filed, and you also should have known there was already an agreement extending discovery. It's your case so you would have access to... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Just served the divorce papers

My wife filed for divorce, and I just served the papers. My question is, if I agree on the divorce, should I just sign the papers, or are there any forms that need to be filled out, and should we both appear at the court or not?

Thanks

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

Please hire an attorney. Because it's not even clear from what you've written whether this divorce is contested or uncontested. If it's uncontested, where you can simply sign the divorce documents, you shouldn't have been served. If it's contested, I would advise you to... View More

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