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Questions Answered by Alake Colwell Furlow
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: 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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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Trying to see if its possible for a judge to take my daughter from me..
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

You should hire an attorney ASAP. If a motion or petition has been filed by the father for a change of custody, you should act fast. Because if there is an emergency hearing and the court grants the father temporary custody, that temporary period where the father has the child will benefit him... View More

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My wife want a divorce with is fine she keep on about me signing papers should I sign them or not don't know what to do

There's property involved am I signing my rights away help me out

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 15, 2023

Simply because a spouse wants a divorce does not mean you all are in total agreement for you to sign all of the necessary paperwork. If you do not sign, she can simply file for divorce and have you served. Then it is a contested divorce. But she will get a divorce whether you sign paperwork or... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife and are are getting divorced she has already expressed her intent to move to Florida soon she wants to give heb

She wants to sign over the house to her daughter can she do this we are both on the deed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 15, 2023

Prior to the filing of divorce there is nothing to stop either party from distributing assets that could be considered marital property. If you want to stop the sale, transfer, or destruction of any property, I would advise you to hire an attorney and file for divorce. But to your question, if... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Mother dies, husband is stepfather to her chldren. Does stepfather or bio father have custodial rights over children?

family lives in georgia

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 15, 2023

The stepfather does not have any rights to the child if he has not adopted. The biological father can file an action to establish his parental rights, should he want custody of the children. If the biological father does not legitimize, the children are likely to be in the care of a close... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Do I qualify for any type of financial help or help getting a divorce

My husband cheated on me after 18 years of marriage. We were still together, happy I thought and I found him at a motel with her when he was supposed to be fishing and after sleeping with her 3 weeks he moved in with her and left me and our 16 yr old son with no job or income because he's... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 15, 2023

I’m not sure what kind of financial help you mean. You can apply for government assistance when it comes to food and housing. But I’m not sure how long those processes will take. The only way to get him to continue paying the expenses he was paying at the residence or child support would be... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Do I need to start divorce filing over.

My wife filed for divorce Feb 2022. I was never served. We were leaving separate and she did not have my address therefore she filed a order for service by publication and then an affidavit of publication followed by a rule nisi being filed. I was never informed of a hearing date. Since rule nisi... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 15, 2023

If the case was never finalized or dismissed, it is still open. If you are going to represent yourself in this action you will need to go through the process of having a court date assigned for trial. You may also consider filing an Answer unless you agree with eveyrhing she stated in her... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What is considered a bill for med expenses for child support? Also, is an EOB considered a sufficient bill for med exp?

I received a statement from the mother of my child from her insurance company for medical expenses. The CS order states that a validated bill must be presented before 50% service to be paid by me either in reimbursement or directly to provider.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

If you received anything that might indicate your child had a procedure that wasn’t 100% covered and there is an uncovered medical expense left, I wouldn’t split hairs over whether what she gave you is a valid bill or not. You can contact the medical provider yourself and see if there is a... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I have no income or assets and am asking for joint custody in divorce.

Need help filling out Domestic Relations Financial Affidavit. I have no income, we are not using lawyers, trying to do it as easy as possible.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

It is highly unorthodox for a private attorney to walk someone through how to fill out a financial affidavit or any divorce documents for free. If you don’t understand how to list your assets and expenses you could locate a family law information center, as some of the courthouses have them, and... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: In Georgia, when do parents get a court appointed attorney when DCF gets involved, without removing the children?

Safety plan has been signed by only one parent, other parent has received no paperwork. 3 children involved however only two under safety plan of supervised contact with both parents, children are separated and third child has no safety plan. Also when do the children get a Guardian Ad Litem... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

Appointing a GAL is up to the judges discretion. If the judge determines that one is needed for the case they can appoint one. They will also consider whether a GAL needs to be assigned if there is a motion to appoint one in a case. As far as your original question, parents do not get a court... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: spouse abandoned marriage, refusing to reconcile, money I do not want her to take if she files divorce. Can I donate it?

I know people in need that can use it. Spouse refuses to talk to me so we can’t discuss it. I want to make sure I won’t be in trouble if she moves forward with divorce.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

I would advise against disposing of any assets that may be considered marital property. Assets of that nature would include money in bank accounts, retirement funds, stocks, bonds, furniture, appliances, vehicles, recreational vehicles, property, clothing, jewelry, antiques, etc. You don’t want... View More

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: In a child custody case , i have witness statements. Do I have to subpoena to the witnesses to use them in a Hearing ?

I want to use them the witnesses in a hearing. The dad overindulged in alcohol and is aggressive to child and mother .

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

I would suggest hiring an attorney to represent you at trial. Trial procedure can be difficult for non-attorneys as you cannot use affidavits at a final hearing. Your witness will have to be available to testify and you will need to prepare your questions for your witness. You will also need to... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Doesn't child support validates the constitution?

The administrative process violates separation of powers and is unconstitutional. In re Marriage of Sandra Lee Holmberg vs Ronald Gerald Holmberg as well as other case laws that already a exist.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 4, 2023

You should hire an attorney if you have a pending child support case because the argument you have presented today will not be successful and you will be assessed with support, if you are the biological, non-custodial parent and the custodial parent seeks support. And since you will be unable to... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: Can I receive alimony if I've been married only 6 years to a controlling man who cuts me off financially whenever he wa

He didn't let me work due to his jealousy and also because he wanted to get citizenship through me. I basically have to do whatever he wants or he'll cut me off financially. I cant get a lawyer because I dont have the finances. He owns a business as well. He also has an order of... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2023

My best advice is to use credit, loans, family, friends, and the sale of any assets you have to hire an attorney. The attorney can then petition the court for temporary spousal support and attorneys fees so that you can attempt to obtain an order to help you pay for your lawyer and take care of... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What is the purpose of going to mediation for divorce if I am not requesting anything from my husband?

I filed for divorce and have not requested anything which would be uncontested. My husband hired an attorney and I don't understand why. I just want him to sign.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 28, 2023

If your husband didn’t sign then your divorce wasn’t filed as an uncontested divorce to begin with. And as you have a contested divorce, he hired an attorney I’m assuming to make sure that no errors were made, as a final judgment will be final. His Answer is likely to derail if he’s... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: The mother of my child just up and left, have no idea where my child or the mother of my child is at. Is there any I can

We not married, I sighed the birth certificate. I have a house (we was living in) and a good income. The mother low income , no house in her name and been to jail for drugs twice

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 28, 2023

Only if you had filed an action to legitimize your minor child and had the mother served could you have prevented the mother from taking the child out of the jurisdiction. Since that hasn't happened, the mother is free to take the child anywhere she wants, as the mother has sole legal and... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Wife told me she is moving out on the 1st, it is the 27th. What about the household bills she is responsible for.

Is 30 days notice needed? I have not been served divorce papers but she has scripted a custody agreement I have not consented to. She plans to take the kids on the 1st

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2023

If no divorce has been filed then you can't even petition the court to have her pay any of the expenses at the marital residence. If you want your spouse to pay some of the things she was paying during the marriage, you will need to file for divorce, have her served, file proof of service,... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I get a divorce when my husband want sign
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

You only need a spouse to sign certain documents in an uncontested divorce. If your spouse refuses to sign the necessary paperwork, then you have a contested divorce. But you do not have to remain married if you don’t want too. Hire an attorney and have them file the necessary documents to... View More

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: How long does custodial parent have to submit non custodial parent medical bills in Georgia?

I'm having an issue with my child's mom. Part of out child support agreement is that I pay 50% of non elective medical expenses. I was informed thru email 5/4 of services for our child. First service was for and ENT rendered 1/30. I was sent a bill for that service 5/4. The next 2... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 28, 2023

You submitted this question on Avvo as well and I think you got some great responses. There is no deadline for the custodial parent to submit medical bills to the non-custodial parent for payment, by law or statute in this state. Therefore, if there is not a deadline in your parenting plan, child... View More

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