Q: Divorce laws for someone who is incarcerated
I need to know what the laws are for someone that is in prison and their wife is wanting to file for divorce. What can he do to keep from losing what him and his wife has built and where can I go online to look up what his rights are to be able to send to him?
A: O.C.G.A. 19-5-1 through O.C.G.A. 19-5-17 are the statutes that govern divorce in Georgia. As far as what he can do to protect his rights, that will depend on the specific facts of the case. The judge will look at the specific facts of the marriage, the conduct of the parties during the marriage, how assets were accumulated, etc. in determining how assets will be equitably divided.
A: It would be a good idea for him to retain an attorney, even though he is incarcerated. -Homer P. Jordan IV, Esq. 404-620-1558
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