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Questions Answered by Mr. John F Geraghty Jr.
2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife and I are getting a divorce. How do I get her to move out of my house?

The house belongs to me and was acquired long before she and I met. We have been married for two years, no children, no marital assets.

Mr. John F Geraghty Jr.
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Mr. John F Geraghty Jr.
answered on Dec 6, 2024

You cannot remove her from the marital home unless and until you go before a Judge and an Order is signed giving you exclusive possession of the marital property. Of course if there is any domestic violence then the victim can ask for a TPO Temporary Protective Order to remove the alleged offender... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Does filing for Child Support Modification affect one's ability to file for changes to the Custody Agreement?

I am planning on filing a Child Support Modification order as I am paying more than what the state would dictate with my and my ex's current financial statuses and costs associated with our children, as there has been significant changes in both the incomes and child expensive of both parents.... View More

Mr. John F Geraghty Jr.
PREMIUM
Mr. John F Geraghty Jr.
answered on Dec 6, 2024

The child support can be modified due to the change in circumstances of the parties, such as termination of employment or diminished salary. The change of custody is another and separate matter.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on
Q: Can a separated parent lie to take kids out of state and not communicate anything to other parent for 5 days in GA?

Lied about kids' whereabouts to take them under false pretenses prior to filing a motion for an exparte under the aforementioned falsities 5 days after the parent the kids continuously resided with the entire 4 years since separation discovered the lies about the kids being dropped off at... View More

Mr. John F Geraghty Jr.
PREMIUM
Mr. John F Geraghty Jr.
answered on Dec 6, 2024

The other parent can be charged with kidnapping if they remove the child, especially out of state with no authorization from the other parent or a court to do so.

2 Answers | Asked in Divorce for Georgia on
Q: my wife stole some inheritance money from me and she admitted to stealing it from me under oath in front of a judge

Can the judge order her to pay me my money

Mr. John F Geraghty Jr.
PREMIUM
Mr. John F Geraghty Jr.
answered on Dec 6, 2024

Absolutely yes a Judge can and should order that money be returned. The reason is that inheritance money is not considered a marital asset and belongs to the party it was gifted to.

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