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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce, Real Estate Law and Family Law for Georgia on
Q: Do I need spousal permission to sell house bought during marriage?

I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More

Regina Irene Edwards
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answered on Apr 1, 2025

Yes. The house is marital property, and your spouse may have a legal interest in some of the equity funds.

0 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I get an annulment in Georgia due to undisclosed mental health issues?

I am considering getting an annulment of my 12-year marriage. My husband did not disclose his mental health illness and opiate addictions when we first met, even though I specifically asked him about it. I have known about his issues for approximately 9.5 years. We've gone through multiple... View More

1 Answer | Asked in Divorce, Business Law and Family Law for Georgia on
Q: What can I do if ex-wife delays selling marital home as per divorce decree?

I have a divorce decree that states I must move out of our marital residence while my ex-wife is responsible for preparing the house to be listed by March 31, 2025. However, she has not made the house ready for sale despite having eight months, and I am still paying 2/3 of the mortgage without... View More

Sharon Jackson
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answered on Mar 31, 2025

While we would have to review the actual divorce documents to confirm the terms of the divorce, based on what you have indicated, you may be able to file an action for contempt against your former spouse if the case is in Georgia. You might also be able to recover some or all of your attorney fees... View More

0 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Georgia on
Q: How can I file for divorce in Georgia with 3 minor children and seek child custody and support?

I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Georgia on
Q: Can I file charges for being molested in 1993 when I was 16?

I was molested at 16 by a 24-year-old, and we've been together since, during which time she's controlled me. Recently, I discovered she's been with another man for 21 weeks and is seeking a divorce. Can I file charges for the molestation that occurred in 1993 in this situation?

Regina Irene Edwards
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answered on Mar 22, 2025

No. The age of consent in Georgia is 16.

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Next step in GA uncontested divorce if husband doesn't respond to summons?

I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family... View More

Sharon Jackson
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answered on Mar 21, 2025

If you are both pro se (meaning that neither of you have a lawyer, but represent yourself) the court will likely reach out to you to schedule a hearing. If you hire a qualified family law attorney, they can file paperwork to get a hearing set for you and review your paperwork to ensure that... View More

0 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I file for divorce in Columbus, GA or wait to move back to Atlanta as my husband insists?

I have been married for seven years and have a six-year-old child with my husband. We currently live in Columbus, GA due to my residency training, which will end in June. My husband wants us to move back to Atlanta, where we lived before. Due to a cycle of abuse primarily related to my desire to... 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.

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.

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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1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for Georgia on
Q: Seeking spousal support in Georgia divorce

I am going through a divorce, and my wife filed for divorce a year ago. We have been living in our home for 19 years, and she is taking our 5,000-square-foot house and all the items inside. According to the divorce papers, we are supposed to divide the equity in the house, but I discovered she has... View More

Regina Irene Edwards
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answered on Mar 12, 2025

Alimony is very specific to each case. You have to need it and she has to have the ability to pay it. You need to have a consultation with an attorney to review the financials in the case and give you advice. You have to formally ask for divorce in proper court filings in order to have a chance... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How to respond to $25,000 legal fees request in GA divorce?

I'm going through a divorce initiated by my wife, and I currently don't have an attorney due to financial constraints. My wife's lawyer emailed me on Friday stating that they are submitting a request for me to pay $25,000 in legal fees to the court. I have not yet received any... View More

Tiffany R. Lunn-White
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answered on Mar 23, 2025

First, you should make sure all of your contact information is correctly on file with the court. Second, you should ask them the reason they are requesting attorney fees. There are different legal arguments to be made to obtain attorney fees in a divorce therefore the reason is very important to... View More

0 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: Is it necessary to file a prenuptial agreement in Georgia, and can it remain confidential?

I am currently married and have a prenuptial agreement that I prefer to keep confidential. I am concerned about filing it in the court's clerk's office in Georgia, as this might make it public. Do I need to file it, and can it be made non-public if necessary?

0 Answers | Asked in Contracts, Civil Litigation, Divorce and Landlord - Tenant for Georgia on
Q: Was I coerced into signing remortgage papers under false pretenses by my wife?

I was coerced by my wife into signing papers to remortgage our home under false pretenses. She assured me our marriage was stable but was secretly planning to leave and using the remortgage funds to pay off her debts. I discovered this after she filed for divorce and found her messages planning to... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can a lease agreement serve as proof of residency for divorce in Georgia?

I am filing for a divorce in Georgia and need to establish proof of residency. I have a lease agreement showing that I've been residing at my current address for six months. Will this lease agreement suffice as proof of residency, especially since I do not have any other documents right now?... View More

Regina Irene Edwards
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answered on Mar 7, 2025

You don't have to show proof of residency in order to file for divorce.

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Why do I need to file for divorce in Florida instead of Georgia after a recent move?

I recently moved from Florida to Smyrna, Georgia, and have been a resident here for six months. I attempted to apply for a divorce in Georgia, but was told I might need to file in Florida despite not residing there with my spouse. I've looked into Georgia residency requirements but am unsure... View More

Regina Irene Edwards
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answered on Mar 7, 2025

You can file in Georgia if you have lived there for 6 months.

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Do I need to be a GA resident to file for divorce?

Do I have to be a resident of Georgia to file for a divorce in the state? Both my spouse and I reside in Georgia as of October 2024, but neither of us is considered a resident yet. We have not initiated any legal actions, and there are no children involved.

Regina Irene Edwards
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answered on Mar 5, 2025

You must be a resident of Georgia for at least 6 months prior to filing for divorce.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Divorce asset and debt division involving home and credit card debts in Georgia.

I am going through a divorce and need help understanding how our assets and debts might be divided. We have a home valued at $250K with an outstanding mortgage, and my spouse has a $20K credit card debt that I have never used. Additionally, there is a $7K debt on a credit card in my name, which he... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

No one can tell you how the assets and debts will be distributed because that depends on a lot of factors and information we do not have here. If neither party wants the home the court will order that the house will be sold. Any liens and outstanding mortgage will then be paid by the proceeds of... View More

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1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: Can a father change the agreed visitation location without consent?

I'm dealing with a situation where the father, who has 50/50 shared custody, is trying to change the location of the supervised visitation, which was previously agreed upon in the divorce decree and approved by the judge. The visits were supposed to take place at a local counseling center, but... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the... View More

1 Answer | Asked in Divorce, Child Support and Arbitration / Mediation Law for Georgia on
Q: Can an addendum be filed without a signature in a GA divorce?

I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More

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