You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More

It would probably be helpful if you hired an attorney, because the employees at the clerk's office are not suppose to give you legal advice. If it is a truly uncontested divorce where both spouses are going to sign the papers, you can file in your county. That is because your spouse is not... View More

For the last 3 years the court expected you to pay the child support ordered. Two years after the order you could have filed for a modification. But a court is likely going to enforce the arrears balance for support that has accrued and not been paid. You can hire an attorney to try and... View More

You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly... View More

First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service... View More

You can keep your current name or have your maiden name restored. You will need to inform the Court which option you are choosing and I would advise you to hire an attorney to represent you in this divorce. If you want a name other than your maiden name, the Court is not going to change your name... View More

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

Where you file will depend on where you are a resident and what type of divorce you are filing. Regardless of where you are a resident, if your divorce is contested, you should file where the defendant lives. If your divorce is uncontested, then you can file where you live and make sure... View More

If you ever get divorced, and your spouse asks for some equity out of the home, the Court will determine if he is owed anything and if so, what he is owed. And they may consider any money he has put into the home, any money he has paid on the home, whether joint funds contributed to the remodel or... View More

If you haven't established legally that you are the child's father, you will have to do so in order to obtain visitation, so the child can be left with you. If you have not established your rights, the mother can leave the child with whomever she chooses. Taking the mother to court is... View More

The party who is blood related may have a better chance of obtaining custody. However, of course you can petition the court for custody yourself. You will have to prove being the child's guardian is what is in the child's best interests, and you may have some opposition from the current... View More

You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to... View More

If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served.... View More

It is unclear why he would only have temporary physical custody if your divorce is final and you have a divorce decree, as you put it. Therefore, my best advice is to speak to an attorney. Because a petition for write of habeas corpus is not what I would advise. And again, if your divorce is... View More

It is very likely that the Court is going to want paternity established before they can determine the defendant is guilty of child abandonment. Please speak directly to an attorney. Because what is your goal with child abandonment? If you put the father in jail then he's not working, and he... View More

If the father refused to communicate with you and there is a court order allowing you to communicate the children and/or an order stating that he has to communicate you regarding decisions, then he is likely in contempt for his failure to allow you to speak to the children and his failure to speak... View More

If he is your husband, are you all going through a divorce, where you have court ordered visitation? Because if there is an order from the court giving you visitation, and he is violating any part of that order, then he is in contempt. If there is no order and this visitation is something you... View More

The court will not modify the current order regarding custody or visitation unless you file an action asking them to do so. As far as how to address the contempt petition, you should file an Answer within 30 days of the date you were served with the documents. That Answer should respond to each... View More

If the father will not legitimize and obtain visitation where you can visit the child during his parenting time, you should speak with an attorney and see if you meet the guidelines under GA law, to petition the court for grandparent visitation. Because there are guidelines under the law, where a... View More

If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives... View More