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I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More

answered on Apr 16, 2025
The time to address the home and any other real or personal property was during your divorce. If the house, your contributions, and ownership was not addressed in the divorce, you have likely lost your right to ask for anything at this point, as your divorce was finalized 8 years ago.
I am the custodial parent based in Georgia, and my ex-husband lives in New Jersey. We divorced in Virginia in 2021 but have been separated since 2018. We currently have a verbal custody agreement in which the children stay with me for 11 months of the year and with their father for a little under a... View More

answered on Apr 16, 2025
If there is a court order that says you must notify the other parent of your intention to relocate, then a custody case may be filed, once the non-custodial parent is notified of the move. Your move will impact their travel, visitation, and possibly other factors and they could take you back to... View More
If a father was married when the child was conceived but divorced before the child was born in Georgia, is he still considered the legal father because he doesn't care about paternity and wants to see the child? The divorce decree did not mention the child as they were not born yet, and now... View More

answered on Apr 16, 2025
The divorce documents should have addressed the fact that the mother was pregnant. The mother should have disclosed to the court that she was pregnant, and then the divorce documents would have reflected that the mother was with child, and the husband of the mother is presumed to be the father.
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More

answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More

answered on Apr 16, 2025
A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More
I'm seeking guidance on filing for a divorce. We have been married for six years and share three children. My spouse and I both agree on getting a divorce, and there are no assets to split. We haven't started any legal proceedings yet, and I'm not looking for a specific custody... View More

answered on Apr 16, 2025
You should hire an attorney to file for divorce. Either you and your spouse will have to come to an agreement on custody, visitation, child support, & the distribution of assets and debts, or you will have to have a trial.
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More

answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I have a mutual restraining order with my ex in Georgia, established due to contempt for nonpayment of child support. We are both invited to attend our granddaughter's first birthday party and our son's wedding. The restraining order states that neither party can harass or molest the... View More

answered on Apr 16, 2025
I think you are confusing a protective order with a mutual restraining order. A mutual restraining order does not say anything about how many yards you can be away from someone. It doesn't prohibit parties from being near each other. I think it would be best to review the language of the... View More
I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.

answered on Apr 16, 2025
I would advise you to hire an attorney to represent you. But if you choose to represent yourself, then you will need to file a complaint for divorce and have your spouse served. There is a process for perfecting proper service on someone who is incarcerated.
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More

answered on Apr 16, 2025
Talk to an appellate attorney. Because it would likely be time and money wasted trying to appeal an order when you had adequate legal counsel. It is probably best to continue the case in the new jurisdiction with any valid arguments you may have.
My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More

answered on Apr 16, 2025
One spouse cannot have another spouse removed from what has been the marital property. Your husband cannot make you leave, even if it's his grandmothers property. She can go through the proper process of evicting you.
I have a civil family court case in Rockdale, Georgia Superior Court, concerning custody of my son, who has been abused by his mother for over ten years. Following the mother's disappearance in June 2024 and subsequent relocation to Michigan, I filed for an emergency change of custody pro se... View More

answered on Apr 16, 2025
It will be difficult for your case to move forward without proper service. And if you can't perfect personal or substituted service on the defendant, then you could follow the process of seeing if a court will grant an order for service by publication. They may or may not depending on your... View More
I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More

answered on Apr 16, 2025
I would not sell any real or personal property that was purchased during the marriage prior to filing for divorce or after filing. Anything purchased during the marriage, regardless of who's name it is in, is considered marital property, and your spouse could be entitled to some portion of... View More
I have a divorce decree that states I must move out of our marital residence while my ex-wife is responsible for preparing the house to be listed by March 31, 2025. However, she has not made the house ready for sale despite having eight months, and I am still paying 2/3 of the mortgage without... View More

answered on Apr 16, 2025
If you had a lawyer during your divorce you should speak to your lawyer. If you did not have a lawyer, then you will need to first review your divorce papers and see if any deadlines were put in place for your spouse and when to do things. If there were not any concrete deadlines, you can still... View More
I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More

answered on Apr 16, 2025
I think you should speak to an attorney. It would benefit you to sit down and discuss what goals you are trying to achieve and then an attorney can determine the best way to achieve those goals. Because what you should or shouldn't file depends on what relief you are actually seeking through... View More
I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family... View More

answered on Apr 16, 2025
I'm confused when you say he did not respond to the summons. If there is a court date then he should appear in court. But there should be no summons for him to respond too if the divorce is uncontested. When a divorce is uncontested the parties have signed all of the necessary paperwork and... View More
Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More

answered on Mar 3, 2025
You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More
In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More

answered on Mar 3, 2025
The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More

answered on Mar 3, 2025
Hire an attorney who represents parents in these types of cases so they can petition the court for the return of your child or children. You may have to agree to random drug testing but that shouldn't be an issue if you want to get your children back. But I would move quickly so your kids... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More

answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
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