You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no...View More
To file an uncontested divorce you will need to file a summons, petition for divorce, acknowledgment of service, consent to trial in 31 days and a marital settlement agreement. If there are children involved, you will also need to file a parenting plan, child support worksheet and child support...View More
If there are children of the marriage, the children have to be addressed in the divorce case. Georgia does not provide bifurcated divorce, meaning, the court can not decide the divorce without also addressing the children of the marriage. If someone else had legal custody of the minor children,...View More
The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More
To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to...View More
Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.
It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and...View More
I agree with attorney Edwards. Agreements not to modify are not typically enforced in Georgia. Your daughter's custody election is a rebuttable presumption that she should be allowed to live primarily with you, but is not absolute. The court must still make a determination of whether it is...View More
In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis where the other party does not need to be served prior to the emergency order. But in most cases, you will need to serve the opposing party prior to the matter being heard by the court.
What exactly does it mean? Also, my mother and I were not served, so I cannot understand how she was legally able to file the warrent in the first place. Both my mother and I have paid all of our rent up-to-date, and my landlord has repeatedly turned off the power l,the water, and she has... View More
Unless there are separate leases for each of the occupants, a dispossessory against all others or all residents will be effective against all occupants of the residence. For dispossessory actions, the only service required is tacking the notice on the door. No personal service is required.
My childrens mother found out my new address by manipulating my daughter, she keep showing up at my house with excuses of bringing stuff for the kids. 4 years ago she put sugar in my gas tank and stabbed my fiancé’s tires in the middle of the night, stole my mail with passports and socials, and... View More
Advise her in writing not to come to your home again uninvited. Arrange a meeting location that is not your home address for visitation exchanges. If she continues to come to your home after you have advised her not to, you can contact the police to seek a trespass warrant. What you are...View More
I file for sole, physical & legal custody. Legitimation & complete full name change. Court date, August 31st 9 AM Gordon County. How do I start off speaking to the judge. Do I wait for judge to ask me questions. I have file all the necessary documents myself. School started August 1st in... View More
Representing yourself in this case is going to greatly diminish your chances of success. A great deal of the value that an attorney brings is their knowledge and ability to introduce your evidence and tell your story in a legally allowable way. Without knowing the specifics facts of your case or...View More
He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More
You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to...View More
Our daughter and grand daughter have been living with us off and on for 5 yrs during this time when financially took care of their needs. She married a man and they continued to live with us. Seeing that the new husband was verbally abusive to our grand daughter we tried talking to our daughter... View More
Father issued tpo today, he has lived with ex girlfriend and her mother last 4 years. The mother had custody but got in trouble, arrested for meth and dfacs granted her mom temporary custody. His ex was injured 6 weeks ago and her mom has been out of town leaving my grandson with one her neighbors.... View More
Termination of Parental Rights (TPR) occurred in 2021 and was involuntary. It is my understanding that in GA, a TPR can be vacated under certain circumstances, and the time limit is 3 years from the date of the TPR. Is this right? If so, does it still apply to my case if my kids have already been... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.