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Georgia Divorce Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on
Q: Can a separated parent lie to take kids out of state and not communicate anything to other parent for 5 days in GA?

Lied about kids' whereabouts to take them under false pretenses prior to filing a motion for an exparte under the aforementioned falsities 5 days after the parent the kids continuously resided with the entire 4 years since separation discovered the lies about the kids being dropped off at... View More

Mr. John F Geraghty Jr.
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Mr. John F Geraghty Jr.
answered on Dec 6, 2024

The other parent can be charged with kidnapping if they remove the child, especially out of state with no authorization from the other parent or a court to do so.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on
Q: Can a separated parent lie then take kids out of state and not communicate anything to other parent for 5 days in GA?

Lied about kids whereabouts to take them under false pretenses then established an exparte under said false claims 5 days after the parent the kids had resided with the entire 4 years since separation discovered the lies about the kids being dropped off at school that AM "on time" even... View More

Regina Irene Edwards
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answered on Dec 5, 2024

It is not considered abduction for a parent to take their children to another state unless there is a custody order that is being violated.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife and I are getting a divorce. How do I get her to move out of my house?

The house belongs to me and was acquired long before she and I met. We have been married for two years, no children, no marital assets.

Mr. John F Geraghty Jr.
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Mr. John F Geraghty Jr.
answered on Dec 6, 2024

You cannot remove her from the marital home unless and until you go before a Judge and an Order is signed giving you exclusive possession of the marital property. Of course if there is any domestic violence then the victim can ask for a TPO Temporary Protective Order to remove the alleged offender... View More

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What are my options now?

We are both self representing, and we have already signed the divorce papers. (Uncontested w/minor). No assets are being divided since we didn’t have any. I will have (currently) full legal and physical custody of both children with no set visitation schedule. I’m asking the lower suggested... View More

Regina Irene Edwards
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answered on Dec 2, 2024

You need to consult with an attorney about finalizing the case.

2 Answers | Asked in Divorce for Georgia on
Q: my wife stole some inheritance money from me and she admitted to stealing it from me under oath in front of a judge

Can the judge order her to pay me my money

Regina Irene Edwards
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answered on Nov 26, 2024

No one can give a definitive answer to that question. You should document the best you can her admission of her taking the money and speak with a divorce attorney about filing for divorce.

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

James Clifton
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James Clifton
answered on Nov 19, 2024

You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More

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0 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Georgia on
Q: I am a DV survivor. Ex husband is threatening court saying I kidnapped our son after 2 years. I need help. Can he dothis

I discussed with him several times about moving and he was fine with it. But when he gets angry he then threatens with court. We previously had in NY an order of protection granted for my son (when he was 8) due to verbal abuse and making threats about me to him. To the point of my son having a... View More

1 Answer | Asked in Divorce for Georgia on
Q: Is there a statute of limitations in enforcing a divorce decree?

Part of our divorce decree stated that my ex was to get $10k if I ever sold the house or transferred ownership. He placed a deed to secure debt on the house. I am trying to sell the house and can't get clear title because of that. It has been 22 years!

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

You will have to read the language of the judgment to determine if there is a deadline. Because you are to follow the order. And if the order does not provide a deadline, then it's likely you are still bound by that order.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am contemplating leaving my husband. Is there a basic beginning to starting this process?
Regina Irene Edwards
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answered on Nov 12, 2024

You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:

1. Organize Your Financial Documents

List Your Assets and Debts: It’s important to have a comprehensive list of your...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Georgia on
Q: What rights does petitioner have to a speedy trial by jury in a divorce action involving domestic violence and children?

The defendant (who has control of assets) is being represented by a GA legislator who has delayed this action for 3.5 - 4 years using his inability to work on divorce action because of his legislative duties each year.

Regina Irene Edwards
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answered on Nov 8, 2024

There is no such thing as a right to a speedy trial in a divorce case. You can just ask the court to set the case during a time the legislature is not in session.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Social Security for Georgia on
Q: Can a disabled 18 who’s stable of her own self move out at 18 with out parent consent

Her mom is basically holding her back taking her check and when she try to leave her mom calls the police she took a phone that her mom didn’t pay for I even have recording of what happened what am I able to do

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to live independently at 18, as you are considered an adult. If your mother is controlling your finances by taking your check, this could be considered financial abuse. It’s important to keep records of all transactions and any evidence you have, like your recordings.... View More

2 Answers | Asked in Divorce for Georgia on
Q: My ex- wife started our divorce with Lawler but never finish it I have the paper work from her lawyer what can I do to f

What can I do to finish it ?

Regina Irene Edwards
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answered on Oct 19, 2024

The divorce can be completed quickly if the two of you agree on all terms. If not, then you can file for divorce and serve her. But, you should hire an attorney in either case to ensure it was done correctly.

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1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Support for Georgia on
Q: Questions about an arbitrator's authority and abilities in Ga.

My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

2 Answers | Asked in Divorce, Banking and Family Law for Georgia on
Q: I'm in Georgia. my husband owns a business. I have worked for him and am secretary and treasurer. Am I entitled to half?

Our profits have increased since I've worked for him.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 22, 2024

There is no law that entitles you automatically to half of a business. When you go through a divorce you can present evidence and testimony regarding what you feel you are entitled too and the Court will make a final determination on what, if anything, to award you.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: OP making it hard for me to work evenings at my job. OP started calling between 20-33 times a month for 2 years now.

The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More

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1 Answer | Asked in Family Law and Divorce for Georgia on
Q: Question as to how to go about registering a vehicle in Georgia to an ax spouse solely?

My wife and I recently divorced and we have a loan on a Hyundai Santa Fe. I am first on the loan and she is a co-borrower. According to the court documents, she has all rights to the vehicle and it’s in her possession and the loan itself is addressed to her address in northern Georgia. She lives... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am disabled broke no income . Husband divorcing me took everything including house how do I get a pro bono lawyer

In desperate need. Husband is ruthless alcoholic changed locks on my house that I built holding all of my belongings hostage he has a lawyer and they're trying to put me in the streets

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

You can obtain an attorney in a criminal matter through the public defenders office if you cannot afford one. If you have a domestic matter you cannot obtain a court appointed attorney. And there are no "pro bono lawyers." Attorneys may do a certain amount of pro bono work. But the... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Married for 20 years name not on mortgage or title should I add before I get divorced or can a mediator take care of it?

I'm going to keep the house and she wants to leave( she is already approved for another town house) what do I need to do and also to keep mortgage the same when she leaves divorce final?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

Hire an attorney to represent you. Mediators don't write agreements or orders. If you attend mediation then you can reduce to writing what you all agree with. Otherwise, an attorney can draft paperwork with what the parties agree too and if there is anything the parties do not agree too,... View More

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1 Answer | Asked in Divorce for Georgia on
Q: I have a injection from my husband we kids suppose to come fri to fri one week we me and one week with him .. what if ki

Kids don't wana come

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

If there is a court order giving a parent visitation then the children do not get to decide they don't want to go. Until a new order modifies the existing order, all parties should abide by the visitation outlined and the children should be produced when it's the other persons parenting time.

2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can I move to Texas while divorce is active?.

I am living in FL with my 6 month year old child but have an active divorce case in GA where her father resides. When I got pregnant I was living in Texas. He and I talked about reconciling and he told me to quit my job sell my stuff & move back home to GA. 60 days I had to wait & during... View More

Regina Irene Edwards
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answered on Sep 18, 2024

You need to speak with an attorney about your specific situation as you have a case pending. Multiple moves may impact a custody case, so an attorney needs to hear all the facts before giving you advice.

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