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Georgia Divorce Questions & Answers
0 Answers | Asked in Divorce for Georgia on
Q: What constitutes as living at a residence? My soon to be ex spouse lives (sleeps, showers, eats) somewhere else.

They claim they still reside at the home due to showing up periodically and still collecting mail.

1 Answer | Asked in Divorce for Georgia on
Q: My husband and I are separated does he have to help me financially
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 8, 2023

If you have minor children and the children live with you, he has to support them. If you do not have children, it is not a given that he has to support you. That depends on what each party makes and the need for support. A divorce or separation case will have to be filed in order for you to... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How do I find some case law that defines what common-law is in Georgia?

I have a mediation tomorrow and my NHL hockey pension will depend on the mediator's view of when common-law began.

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

19 COLONIAL RECORDS OF GEORGIA, 1774-1805 (Pt. 2) 290-92 (Candler ed. 1911). Declares that the common law of England is in full force and effect unless it is inconsistent with the Georgia constitution, laws, and form of government.

Hornsby v. Smith, 191 Ga. 491, 13 SE.2d 20 (1941). Holds...
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0 Answers | Asked in Employment Discrimination, Divorce, Employment Law and Civil Rights for Georgia on
Q: What can i Do of in Boeing denude the privaledge to work

Cant get correcto medical care. Cant get medicaid. Want allá me to work.suffering from illness anda injurias.also victime of i.d. theift

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 17, 2023

You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... Read more »

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1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Georgia on
Q: Which takes presidence the ownership, or the rental agreement

Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.

As joint owner, Is she within her rights to change the locks? Or... Read more »

James Clifton
PREMIUM
James Clifton
answered on May 18, 2023

Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What are the stipulations for alimony if I get a divorce (but with only an income of $50,000.00 a year) He doesn't work!

I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... Read more »

1 Answer | Asked in Contracts and Divorce for Georgia on
Q: I was threatened n forced to sign over my rights do I have a case

Sam messin n fix yelled At me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 27, 2023

You should speak directly with an attorney and provide them a detailed account of what transpired with regard to your parental rights. Then they can provide you with the best course of action and how they can assist you with getting the relief you are seeking.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my husband take my kids if they aren’t his but his name is on birth certificate and we were married at the time
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 24, 2023

The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... Read more »

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2 Answers | Asked in Divorce and Bankruptcy for Georgia on
Q: Who can help an uncontested divorce, live separately. Looking for help with representation assisting for a single mom!

My daughter’ father was arrested, awaiting trial with pending charges from another counting, five counts of sexual exploitation of a child. It’s been hard for my daughter. I have been separated from my husband for nine months for the well-being of my daughter, since father’s arrest, she... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 21, 2023

A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I left my home 8 months ago I have returned will I still be entitled to half of the assets?

I felt pressured into leaving my there was no respect in the home

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 18, 2023

Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and... Read more »

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4 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: Need Help

So here is the story:

I’m a U.S. citizen, and my wife is a Canadian and Green Card holder. I have two kids, both of whom are American-Canadian. However, my wife said she wanted to go to Canada to visit her parents, and she asked me to sign a travel consent form so she could travel with... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Apr 14, 2023

You need to hire a divorce immediately and file for divorce. If they lived in Georgia the past 6 months, that is the home state and she could be ordered to bring them back.

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Georgia on
Q: I hired a divorce law firm in February and paid the 9k retainer. Just got notification they are withdrawing 0 warning

I hired a divorce law firm in February and paid the 9k retainer. Just got notification they are withdrawing 0 warning. They scheduled two court hearings and took my evidence. I spoke with them 3 times and just got a notification from the court they are withdrawing representation because “it’s... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Apr 13, 2023

This doesn't sound like malpractice. Malpractice is a breach of an ethical duty. If you were billed hourly, a retainer is not the full payment and you have to keep paying the bills in order for the attorneys to stay on the case. Attorneys are allowed to withdraw from a case for pretty much... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: what are procedures for contempt charges in a divorce if ex doesn't abide by divorce decree
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 14, 2023

If the other party isn't following a court order I would advise you to speak to the attorney who represented you in your divorce. If you didn't have an attorney, you could file an action for contempt and state the parts of the order that are not being followed. If you decide to file for... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: I need a form to set aside my divorce decree as I’m hoping to receive alimony even if it is temporary.

My husband failed to serve me with papers and will not disclose his financials. He’s left me living below the poverty line. I am disabled and unable to work. He’s taken away my only career as an author so now I can’t afford marketing and such. He asked for the divorce with his mother present... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Apr 11, 2023

There is no form for that. That kind of motion is very fact specific.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a way to separate finances while separated?

My husband and I are separated. I do not want a divorce but he is making really foolish financial decisions. Is there any way to protect my kids and me from his reckless spending and accumulating debt without filing for divorce?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Apr 7, 2023

No, there is not. Courts do not interfere in financial matters in a marriage unless and until that divorce or separation is filed.

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2 Answers | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Is a spouses VA benefits off limits during a divorce?

Divorcing after 23 years due to repeated infidelity, domestic abuse. Spouse wants me to leave our rented home with an uncontested divorce. 3 grown kids, 2 still at home. Husband wants me to leave marriage with a few decorations, my cloths, and take on a car note in his name (car I have driven and... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2023

They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.

Invest in a lawyer to walk you through this process, as the costs will escalate if you make...
Read more »

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2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Can I separate from my husband to another state without a legal document in place?

No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 27, 2023

Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... Read more »

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1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Georgia on
Q: Should i get the Temporary custody order before my spouse did? Is child support needed during this time to gain more adv

I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.

Alex M. Brown
Alex M. Brown
answered on Mar 26, 2023

It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a general Percentage a judge may award in Spousal Support? Wife believes she is entitled to half my monthly pay

In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... Read more »

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