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We were married in Ga 7yrs ago. This is the first time I've ever lived out of state and it was only for 1yr. I just moved back a month ago. He is now living with his girlfriend still in Florida. It is completely 100% uncontested and we have agreed on EVERYTHING. Do I really have to wait 6... View More 
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answered on Sep 19, 2023
The law requires that you have to be a resident for 6 months before filing. You can speak to an attorney about whether the temporary time in Florida makes you have to start over with the 6 months.
I have a divorce hearing already scheduled for September 11 in GA state; however, I had to move to Vermont so I could be close to the Canadian border and visit my kids, who live in Canada, but the divorce was filed in GA state, and I also got a job in Vermont, so my question is, can I move the... View More
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answered on Sep 8, 2023
Your case will proceed in Georgia.
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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answered on Sep 4, 2023
They can be. If acquired to and / or contributed to during the marriage, they are considered divisible marital property.
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
I'm filing pro se as this is an extremely time sensitive matter. Do I need to have the other party served as I'm requesting an emergency hearing or will the other party be served at a later time?
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answered on Aug 20, 2023
Yes, they have to be served.
May I ask the judge for her to answer in court that day on the stand to answer all 42 questions in front of judge since I am representing my self? How do or what website / link may I know if my Ex is work, have a job or if she on unemployment? May I allow the defendant to speak 1st in court,... View More
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answered on Aug 16, 2023
You can call her first for cross examination if you wish. Doing a trial without an attorney is very difficult as most people are unfamiliar with evidence rules.
I need my truck or I will lose my job all I want is my truck
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answered on Aug 16, 2023
It's not your truck if it's not in your name. You probably need to just buy a new truck or negotiate with her to get her to sign the title over to you in exchange for a payment.
i signed Florida birth certificate, mother and i affirmed im the biological father with the doctor. i was present at the hospital during her birth. i know florida has a putative father registry to confirm paternal rights and will register, however cannot do an instant search or register and the... View More
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answered on Aug 16, 2023
No, you will have to file for legitimation in Georgia.
During this time I raised his biological daughter including all school activities and medical requirements, holidays, etc. I was given an engagement ring and we planned to marry but never did. I did all the housework and also worked a full time job and had all household response abilities while he... View More
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answered on Aug 16, 2023
Common law married was abolished in Georgia in 1997. So you are not married.
He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More
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answered on Aug 14, 2023
You cannot sell the house yet. You need to file for divorce or legal separation first. If you and he cannot agree on the sale the court will decide.
We have 50/50 custody with a custody order in place. Our 12 yr old wants to be with her mom more during the week than she is now. If we agree to a temporary change could the mom go to a judge and get full physical custody after a few months of the temporary schedule being in place?
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answered on Aug 13, 2023
Yes that's possible. But If it is what your child wants, then that probably is better in the long run.
My exes boyfriend is an attorney and is representing her in a contempt case I filed while I'm representing myself because I cannot afford my own. She owes over 10k in arrears from years ago and is now enforced to pay and is--simply not to lose her DL. But now she is behind on all of her half... View More
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answered on Aug 5, 2023
Attorneys fees will not be deducted from arrears. You wouldn't be ordered to pay her fees if you win the case. You should keep looking for an attorney.
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answered on Aug 4, 2023
There are 2 hearings required for a TPO. You can file the initial request and go to the first hearing yourself. It may be best to get an attorney if the initial TPO is granted, as the other party may appear at the 2nd hearing with an attorney.
I have been a stay at home partner/mom since before our daughter was born. She is 7. He is salaried at $1M. He is offering $2K towards an apartment only (which he will pay directly because he refuses to give it to me directly) for child support. This doesn’t seem reasonable or fair, but I have no... View More
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answered on Aug 3, 2023
You need to hire an attorney immediately. Child support is normally paid directly to you. However, do not move until you have filed and you have a court order for support.
The NCP hasn't paid their portion of any medical/dental copays (all documented w receipts in OFW) until after contempt was filed. The order has been changed and modified since but paying 50/50 of copays has remained the same. They state that they do not owe anything prior to the new order.... View More
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answered on Aug 3, 2023
A new order does not affect the old arrears that is owed.
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.
On any major issues. With the other parent having just legal joint custody
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answered on Aug 1, 2023
Yes, that is possible.
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
My family became homeless in January. My wife and I decided to call her cousin to look over the 3 kids until we get back on our feet. Later that month my wife passes. now since she passed they have distanced themselves away from me. I havent been able to call or see them and that wasn't the... View More
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answered on Jul 25, 2023
Yes, it's going to be difficult. Because you are homeless, if your cousin hadn't taken them in, they would be in foster care. The longer you wait, the more difficult it is going to be.
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