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Questions Answered by Rebecca Lynn Smith
4 Answers | Asked in Divorce, Real Estate Law and Family Law for Georgia on
Q: Can I stop my spouse from refinancing our house before divorce in Georgia?

I am considering a divorce but have not filed yet, and my spouse, who is the sole person on the mortgage and deed, is in the process of refinancing our house. I am worried as I can't afford the payments on a newly financed mortgage. Is there a way for me to stop this refinancing process before... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 15, 2025

If you are not on the loan or deed of the house, I am not sure of a way that you could stop her since your signature is not required to refinance. One you file for divorce, Georgia's "Standing Order" states that you cannot sell marital assets, but I am not sure if that would apply to... View More

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3 Answers | Asked in Divorce, Child Support and Family Law for Georgia on
Q: Is my husband required to support us during legal separation in Georgia?

My husband of five years has decided to leave me and our two kids. I've recently started a job less than a year ago. There is no court order for financial support, but my husband agreed to help with the bills at our apartment for four months, after which he'll stop. Both our names are on... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 11, 2025

You will want to request a temporary hearing for child support and alimony (if granted). This will ensure he is ordered to continue payments as the divorce process begins if you plan to go that route.

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4 Answers | Asked in Child Support and Family Law for Georgia on
Q: What is my child support obligation in Georgia with my income and spouse's income?

I earn $240,000 annually, while my spouse earns $105,000. We have one child and there are no existing agreements or health issues. I will be covering the child's health insurance costs. What might my child support obligations be in Georgia under these circumstances?

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 11, 2025

According to the basic child support obligation chart, approximately $1,790. This number does not take into account the health insurance costs so the amount would be a bit lower depending on the health insurance amount. Daycare can be an additional cost as well if your child is of that age. I hope... View More

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3 Answers | Asked in Child Support, Child Custody and Family Law for Georgia on
Q: Does child support confer legal rights to a father not on birth certificate?

I am considering putting the father of my child on child support; however, he is not currently listed on the child's birth certificate, and there are no existing custody or visitation orders or informal agreements. Does starting child support give him any legal rights or claims to visitation... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 11, 2025

No, child support and legal rights are separate, assuming that you were not married to him at the time of the birth. However, he can always file a legitimation action to establish legal rights and visitation. Paying child support does not automatically give you legal rights or entitle you to... View More

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How could domestic violence history impact joint custody decisions in Georgia?

I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 11, 2025

It depends on the judge. Many judges will consider it only if the violence was directed towards the child or witnessed by the child. The facts will be important to determine the weight of it. It may be helpful to show the judge that an anger management or family violence class was completed.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I file an uncontested divorce for a flat fee in Georgia?

I'm seeking legal assistance to file an uncontested divorce and prefer to pay a flat fee rather than an hourly rate because there are no children or shared assets involved, and all terms have been agreed upon. Filing needs to be done as soon as possible. Are there any attorneys or services... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 27, 2025

Yes, many attorneys will offer a flat fee service for an uncontested divorce. Please see the link below for more information.

https://mtlawoffice.com/divorce-process/getting-started-in-divorce/contested-v-uncontested/uncontested-divorce

I hope this helps. Best of luck to you.

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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Georgia on
Q: Is it illegal for my mom to enter my room without permission during my divorce?

I'm an adult currently going through a divorce and living with my mom, who keeps entering my room without permission despite our discussions about my need for privacy. I contribute financially to the household. Is her behavior against the law?

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 19, 2025

Possibly a claim for intrusion upon seclusion if you can actually prove that you experienced pain and suffering.

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3 Answers | Asked in Divorce, Child Custody and Family Law for Georgia on
Q: Can I file for divorce myself in Georgia with joint custody of minor children?

I'm considering filing for divorce myself in Georgia. My spouse and I have agreed on joint custody for our minor children, and I have begun to draft a parenting plan as required by Georgia law. I prefer not to hire a lawyer. Can I proceed with the divorce process on my own?

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on May 17, 2025

Yes, you are able to. If possible, I'd recommend hiring an attorney for an uncontested divorce to ensure the details of the parenting plan are laid out to avoid misinterpretation years down the road.

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