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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

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answered on Jun 3, 2024

The other side only has to submit documents if you have asked for them the correct way. If you have properly filed and served request for production of documents, interrogatories and request for admissions, you have to follow up to make an effort to resolve the dispute. If you have done that,... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: i want to move my divorce from gwinnett to walton county ga
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answered on Dec 15, 2023

The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.

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1 Answer | Asked in Landlord - Tenant, Child Support and Libel & Slander for Georgia on
Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.

I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More

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answered on Nov 19, 2023

1. In Georgia she is allowed to record without your consent.

2. You can't evict her because it's not your house. You certainly can move if you want to be away from her.

3. You can't force her to have an abortion.

4. She can have the baby and seek child...
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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More

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answered on Nov 10, 2023

Marital debt is divisible in a divorce. Once you know about the spending habits and you know debt is being incurred, you can't file for divorce 5 years later and wash your hands of it. If it is a big enough of a problem to end the marriage, then end the marriage. If not, then you are... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

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answered on Oct 29, 2023

You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous... View More

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My divorce was in GA.I signed that if my ex, who is custodial parent, moves out of state, I couldn’t modify

custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me

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answered on Sep 4, 2023

An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.

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3 Answers | Asked in Divorce for Georgia on
Q: Can separated wife seek a share of property bought from trust proceeds?

Wife and I have been physically and financially separated since June 2021 and still working out paperwork for divorce filing. My mom passed last year and I received the trust proceeds this year. I used some of these proceeds to go 50% in on a lake house (sister putting up the other 50%. We are both... View More

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answered on Aug 22, 2023

The nature of the trust is important. You need to speak to a Georgia attorney immediately. Anything that is given to one party via gift is not marital property in Georgia. An attorney can read the trust documents and advise if it is non-marital and how to keep it that way. You are under no... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Absent parent have messaged me about signing over their rights to child for almost 10 years.

Is this enough for a judge to give active parent full custody. But absent parent comes back around saying they want to be a man active parent after always stating that they want to give up their rights. Also absent parent send threats of calling CPS out of spite.

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answered on Aug 3, 2023

It depends what has happened over the 10 years. If the parent, despite asking to give up rights, has consistently exercised parenting time and paid support, then termination is not likely. If the parent has been absent for that period of time sole custody is an option.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How to win sole custody? Of a disabled developmentally delayed one year old ?

Dad is not actively engaged in child’s health , and he heavily drinks

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answered on Jul 26, 2023

Sole custody is very rarely granted. A request like that requires a great deal of evidence, including evidence that he has harmed the child or is very likely to. The fact that he drinks isn't enough, especially if that is something you've tolerated for a time. You should hire an... View More

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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

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answered on Jul 17, 2023

No one can tell you who is at fault. Armchair quarterbacking without reviewing the file would be dangerous and imprudent. Also, you knew the motion had been filed, and you also should have known there was already an agreement extending discovery. It's your case so you would have access to... View More

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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

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answered on Jun 27, 2023

No one is automatically obligated to pay bills for a home they are leaving. If her income vastly exceeds your, it is possible that the court can order her to pay some of the expenses of the marital home. You may have to prepare to pay the bills ourself, as well as child support unless you work... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... View More

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answered on May 17, 2023

You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on
Q: When protective order is over can I contact n see kids automatically or what

Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.

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answered on May 8, 2023

The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... View More

2 Answers | Asked in Family Law for Georgia on
Q: What can be done when a parent in Georgia fails to get children for their court ordered visitation?

My ex and I (never married to each other) have 2 children, we have been to court for custody/visitation. We have joint legal custody with an every other week visitation. Do I have legal options if she never gets them for her scheduled week? This is an issue that has been going on for at least the... View More

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answered on Apr 18, 2023

The legal system can't make her be a good parent. Enjoy the extra time with your children and just document for now. If you file a modification, you may get custody, but she'll get more time awarded her on paper than she's exercising now, so the actual situation may not improve... View More

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: I am in the process of filling a CS modification in Fulton County. Mom lives in FL. Can I use a private processor in

FL to serve the Summons and Petition?

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answered on Apr 8, 2023

The first answer is not correct. You can serve per Georgia law. You have to use someone on Fulton's process server list who is willing to go serve in Florida, or you have to use the sheriff in Florida, or file a motion to have a process server in Florida appointed. That requires a motion and... View More

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1 Answer | Asked in Family Law for Georgia on
Q: Can my birth mother sue for visitation

I was born in California and so were my birth parents. Their parental rights were taken away in 2000 when I was 7 years old. I was adopted the following year in 2001 when I was 8. My adoptive parents are on my birth certificate. I’ve been in contact with my birth mother for about 12 years now and... View More

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answered on Mar 12, 2023

No. You have no legal relationship with your birth mother. So she doesn't qualify as a grandparent to try to get grandparent's rights, and she wouldn't meet those standards anyway. So it's a definite no. You can exclude her if you wish.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

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answered on Feb 6, 2023

You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.

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1 Answer | Asked in Divorce for Georgia on
Q: Can the court award a financed car in my name alone to my spouse and require me to pay for it?

I have an almost new car that is financed in my name alone. My wife currently drives the car because she totaled hers last year. I drive a paid off pickup, but originally purchased the car as my sole transportation. She cannot refinance the car in her name, as her credit is very poor. She also... View More

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answered on Feb 5, 2023

The answer to your question is yes. The court can order you to pay for the car. Whether the judge does or not depends on a variety of factors. If she is abusive and you have custody of the children, it's less likely you'll have to give her the non paid off car. Consult an attorney in... View More

2 Answers | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: can my wife leave me to live somewhere else and come take our camper we lived in next day while I’m gone all my stuff

We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless

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answered on Jan 12, 2023

Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My ex wife took me to court for content of child support . I got behind when I got sick with a heart problem

When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... View More

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answered on Dec 14, 2022

In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.

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