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
I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More
Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan...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
My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More
Marital debt is divisible in a divorce. Once you know about the spending habits and you know debt is being incurred, you can't file for divorce 5 years later and wash your hands of it. If it is a big enough of a problem to end the marriage, then end the marriage. If not, then you are...View More
Yes, you and your wife can file an uncontested divorce without minor children in Georgia, even if your children are not in your custody. This is because the focus of an uncontested divorce is on dissolving the marital relationship, not on child custody or support.
I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me. The county in which they should of been filed has no record of them
Whether or not your spouse or ex-spouse has to send you copies of documents depends on what documents they are. It is unclear what documents you are asking for because you stated they were "separation papers." If you mean a complaint for divorce then yes, you should have been served...View More
Speak to a lawyer. Because you refer to the other party as your ex-husband, and if the divorce is final, they likely don’t have to give you a copy of any paperwork. If the divorce is still pending, you are entitled to certain documents to be turned over to you if you request them. But you need...View More
Hello, I am filing my own divorce paperwork. I am trying to file a motion for temporary hearing for child custody and am having a hard time trying to articulate my words to put on the form. It has been 4 months and my soon to be ex husband is not allowing me to see my child. He has sent me numerous... View More
Unfortunately we cannot write out your argument for a temporary hearing in this forum. It is best that you hire an attorney to represent you because they would have likely filed this motion months ago or tried to come to an agreement with the opposing party on your behalf. If you cannot hire an...View More
Georgia is a no fault divorce state, so it may not matter a whole lot of there was adultery. It’s unlikely to be a factor regarding custody and visitation as it’s not directly related to her parenting. But could be a factor in spousal support and possibly an equitable distribution of marital...View More
We divorced in Georgia. The father is in the army and is still living in Georgia. He said it was fine for myself and both of our kids to go back to Ohio to stay with my family. I am confused how joint custody works for us since he does not see them the way it’s written in our child care plan.... View More
If you want to modify the visitation or change custody, you have to file for a modification in GA, since the father still lives in GA. Is it worth you going back to court just because he doesn't exercise the visitation he has? The state of GA retains jurisdiction over all family law matters...View More
I was mentally, physically and emotionally abused and cheated on from the start by my husband so I had him locked up for family violence he got out the rearrested for aggravated stalking.I have screenshots of proof but no lawyer and property taxes are behind last year and gonna be due this year and... View More
You should consult an attorney directly. You have multiple issues that you need to discuss with someone and I don't think anyone can properly address those through this board. Further, if you currently have a divorce proceeding pending, it is important that you obtain an attorney, especially...View More
My wife had an affair and decided she wanted to get a divorce I was kicked out of where we were living and then she moved out and with her a fair partner left our son with her parents would not let me see him for well over a year but in that time she moved out of state leaving our son with her... View More
A parent has a legal obligation to support their children. But that doesn’t necessarily mean one parent is entitled to receive “child support” from the other parent. If a child is being primarily cared for by a non-parent, both parents may have an obligation to provide support to the...View More
If you do not respond to the interrogatories or provide the documents you have been asked to provide, a motion to compel could be filed against you. If a motion to compel is filed and you are found in contempt of court, you could be ordered to pay attorneys fees to the other party or sanctioned...View More
If your husband left in April and hasn't been in contact since, you may have grounds to consider this abandonment under Georgia law. Abandonment can be one factor that courts look at when making decisions about divorce, custody, and other family law issues.
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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