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Georgia Questions & Answers
0 Answers | Asked in Family Law, Child Support and Employment Law for Georgia on
Q: Separated, accused of abandonment for wife's disabled son. Concerned about legal responsibility?

My wife and I separated after 5 years. She has a son from a previous relationship who is blind and disabled. They came to the U.S. on a visitor visa and now have permanent resident status. Her son is now 19. My wife is trying to get support through the state of Georgia, accusing me of abandonment... View More

0 Answers | Asked in Criminal Law, Child Support and Traffic Tickets for Georgia on
Q: How can I avoid jail for a first violation of felony probation?

I am facing a violation of felony probation (VOP) due to being arrested in a different county for driving on a suspended license while going to work. I've been on probation for almost 3 years with this being my first violation. Despite getting released the same day and planning to have my... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Georgia on
Q: Can I get custody, support, and alimony in GA divorce?

I'm currently in Spalding County, GA, and my husband filed an uncontested divorce to obtain custody of our 4-year-old daughter, proposing no visitation and no child support. We separated a month ago, and I am 7 months pregnant, having received no support since the separation. My husband claims... View More

Regina Irene Edwards
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answered on Mar 15, 2025

It's possible to obtain custody, support and alimony. You need to hire an attorney who regularly practices in your county to contest the case.

0 Answers | Asked in Legal Malpractice and Civil Litigation for Georgia on
Q: Concern about lawyer's lack of communication and potential misconduct in legal case

I've been experiencing a lack of communication from my lawyer for a few months. I emailed my lawyer and hope to hear back tomorrow, but if not, I'm unsure of what steps to take. The lawyer said he was filing a motion two weeks ago but hasn't acted on it. Meanwhile, the DA offered to... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Consequences for facing two felonies while on misdemeanor probation in Georgia.

While on 12 months of misdemeanor probation in Athens-Clarke County for a previous offense, someone was charged with two felonies: possession of a firearm during the commission of certain felonies and possession of marijuana over 1 ounce. These charges were made in the presence of law enforcement.... View More

0 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: Is storage unit billing error grounds for litigation in GA?

I discovered that my storage units were invoiced inaccurately in December 2024 when a lien was issued. The staff overstated the outstanding balance by more than 50% compared to the invoices they emailed me, which prevented me from paying on time. They moved quickly, shutting down units without... View More

1 Answer | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: Timing for responding to a Motion for Summary Judgment before pre-trial hearing.

I am responding to a Motion for Summary Judgment that was given to me 5 days before the pre-trial hearing. I thought the Motion for Summary Judgment needed to be submitted to the court 30 days before the pre-trial hearing. Is this correct?

Michael W. Horst
Michael W. Horst
answered on Mar 14, 2025

Not exactly. Rule 6.6 of the Uniform Superior Court Rules provides "[m]otions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment." The fact that the MSJ was... View More

0 Answers | Asked in Gov & Administrative Law and Real Estate Law for Georgia on
Q: Can a county code enforcer enter property without permission in Georgia?

Can a county code enforcer come onto my property without permission? They recently came, took pictures, and gave no prior communication of their visit. This is the first time I've had such an incident with the county, and I believe it might have been prompted by a neighbor's complaint for... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is a traffic ticket voided if not signed by the defendant in Georgia?

I received a traffic ticket from an officer in Georgia for having no brake lights, but the ticket was not signed by me as the defendant. Does the absence of my signature on the ticket void it, or can it still be enforced?

Glenn T. Stern
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answered on Mar 14, 2025

A ticket can still be prosecuted even without your signature.

0 Answers | Asked in Consumer Law, Civil Litigation and Criminal Law for Georgia on
Q: How can I recover my car after fraudulent repossession by a salesman in Georgia?

I purchased a car for $3,500 on February 4 and financed the remaining $5,000, believing I had a deal with a dealership operating under the name AutoNation. On February 20, the salesman instructed me to bring the car in for a repair, which seemed suspect. Upon arrival, he claimed the finance company... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is separation required before divorce in Georgia after long separation?

In Georgia, are you required to be officially separated before going through a divorce? I have been living separately from my spouse for over 20 years and would prefer to proceed directly with a divorce. We have no minor children, but there could be joint assets to consider.

Regina Irene Edwards
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answered on Mar 13, 2025

You just have to be separated at the time of filing. There is no length of separation requirement.

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can I sue a car wash company for charging me after cancelling?

I went in person to cancel my car wash service account, but the company continued to charge me for approximately 1 1/2 years after the cancellation. I contacted them twice, once in 2023 and once in 2024, and they issued refunds both times, assuring me that my account was canceled. I am not aware of... View More

2 Answers | Asked in Divorce, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I submit documentation to the judge amid a divorce with a no-contact order?

My son is in the process of divorcing his wife, and there is a no-contact order between them. The divorce was filed in July 2024. I am the intermediary for child pick-up and drop-off. My son has filed all required documents, including a financial affidavit, but his wife has not filed any paperwork... View More

Regina Irene Edwards
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answered on Mar 13, 2025

No, you cannot submit a letter to the court. You son can address any concerns he has with his attorney.

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0 Answers | Asked in Child Support, Public Benefits and Tax Law for Georgia on
Q: How to direct federal tax offset payments via the Dave Our Children Project?

I already have a child support order in place. How can I get federal tax offset payments or IV-D case payments directed through the Dave Our Children Project? I've had difficulties redirecting these payments.

0 Answers | Asked in Traffic Tickets for Georgia on
Q: Received ticket for failure to maintain lane. Should I fight it?

I received a traffic ticket for failure to maintain lane while driving on a wet shoulder. I was trying to pull over due to a strange noise coming from my vehicle, which caused me to slide a little and temporarily get stuck. The police officer who issued the ticket didn't see any damage or... View More

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Do I need to correct the security deed before drafting a new warranty deed in Georgia?

I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More

0 Answers | Asked in Car Accidents and Traffic Tickets for Georgia on
Q: Accident due to brake failure, received citation for Georgia Code 40-8-7. What next?

I was involved in an accident on March 12, 2025, at around 5 pm when I approached a red light and my brakes failed, causing me to crash into another vehicle, although there was no serious damage. I received a citation for Georgia Code 40-8-7. My brakes had undergone a maintenance inspection in... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Seeking advice on custody and visitation issues in Georgia after involuntary commitment in Louisiana and relocation.

In 2012, my husband secured a coroner's warrant in Louisiana for a mental health evaluation, which led to my involuntary commitment for four days. During that time, he took my daughter to Dallas, Texas, and initiated custody and support proceedings without my consent. I retain all parental... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Family Law for Georgia on
Q: Accused of child abuse but claim innocence, how to prove it?

I'm accused of child abuse by the authorities, but I didn't do it. The oldest girl was actually beating on her sisters, but the children are saying I was the one doing it. They don't like the rules and discipline I enforce. I haven't taken any legal steps yet, but the detective... View More

Glenn T. Stern
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answered on Mar 13, 2025

Child abuse charges are serious and complicated. Absolutely do not go and speak to law enforcement without first hiring an attorney to consult. If that attorney thinks it's appropriate for you to speak with law enforcement, they will almost certainly want to accompany you to that meeting.

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