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Georgia Divorce Questions & Answers
0 Answers | Asked in Divorce for Georgia on
Q: If property was not split properly during a divorce and now person is attempting to sell said property, what options.

This property was purchased during marriage but judge did not hold it as "marriage assets ". As purchaser filed for divorce. Is there a time limit

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can my spouse throw away my things while “cleaning” the bedroom or garage?

No one has filed for divorce yet and we have no children.

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 25, 2022

Yes. Courts don't interfere in marriages unless a divorce or separation case has been filed.

1 Answer | Asked in Divorce for Georgia on
Q: I was divorced 10/12/2018 (divorce decree) We were married 31 yrs. I received alimony, I am not sure when it ends

We were married in Pgh and divorced in Pa. My Ex is a Pilot with AA , he keeps saying it’s almost done, and other things to worry me, I thought alimony ended after 7 yrs . How do I find out?

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 23, 2022

You have to get a copy of your divorce decree and / or settlement and it will tell you.

1 Answer | Asked in Divorce for Georgia on
Q: Do spouses have fiduciary duties to one another in Georgia? Do the same rules apply during marriage as in the divorce?

in case spouse is hiding assets.

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 13, 2022

There aren't really rules when married. If you think a spouse is hiding assets, you can't force them to disclose unless or until you file for divorce.

0 Answers | Asked in Divorce for Georgia on
Q: I have not seen or heard from my husband since 2019 How do I divorce him?

I am 65 and on a fixed income. I have lived in Savannah, GA since December 2018

0 Answers | Asked in Divorce for Georgia on
Q: I will like to know if a divorce judgment can be set aside based on the fact that my ex-spouse lies

Initially filed a Petition for Annulment against my ex-spouse after finding out that he is still married in Nigeria and I petitioned for him to immigrate to the US

I was also in an abusive relationship with domestic violence involved. I filed a restraining order against the defendant prior... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Do I have to put my address on my divorce papers if I do not want my spouse to know my current address out of fear?

Can my address be redacted? I do not want my spouse to know where I am living out of fear he may cause me harm if he knows my address. I have not seen nor talked to him in 4 years and will be filing with publication.

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 31, 2022

He has to be able to have an address to answer the complaint if he sees it and send to you. You can use a PO Box for the Summons and you don't have to lost your address on the petition.

1 Answer | Asked in Divorce, Collections and Small Claims for Georgia on
Q: if I bought something under someone's else line of credit but I paid for it. Can I take it when I move out?

I am getting divorced. I want to take the air conditioner but they are refusing because it was bought under their credit but I paid for it in full. Would I be legally allowed to take the item?

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 30, 2022

This is personal property that is marital property and must be determine in the terms of your divorce, either by agreement or by a judge's order.

1 Answer | Asked in Divorce for Georgia on
Q: My husband and I have been married for 6 month can we still get a divorce in ga since it’s less than a year

We still live together and have sex at times there is no infidelity or abuse or anything out of the norm we just cannot seem to see things as a unit

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

Georgia law requires the parties to a divorce action to live in a "bona fide state of separation" before filing for divorce. There is no exact timeframe of separation required. Because you are still having sex and living with your husband, you might not meet this standard and therefore... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: Can alimony be contested after final divorce if ex has made no attempt to get a job... refused some items in decree.

Divorce final for a year, alimony was set at 4 years (negotiated) + higher child support. I have 50-50 with daughter (10) and primary on son (15). She refuses to obtain life insurance as in decree and is completely living out of her means with no attempt to better herself or get a job.... Read more »

Tiffany R. Lunn-White
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Tiffany R. Lunn-White PRO label
answered on Aug 27, 2022

Whether alimony can be modified is evaluated by how your Final Judgment and Decree of Divorce is written. You must have an experienced attorney review it and advise you accordingly.

Additionally, if your ex-wife is not following the Decree, you have the right to pursue action against her...
Read more »

1 Answer | Asked in Divorce for Georgia on
Q: How do I ask the Court to award immediate attorney fees to help you get representation for a divorce? I am disabled.

Thank you for your help.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 25, 2022

You will likely need to consult a Virginia lawyer because your wife resides in Virginia. A Georgia court can grant a divorce if either party has resided in Georgia for six months. However, a Georgia court cannot award attorney's fees, alimony, or any property outside of Georgia if the Georgia... Read more »

1 Answer | Asked in Divorce and Child Support for Georgia on
Q: How does a new order trump an old order? Old child support case still open with a new child support case open as well?

Old case he had custody I paid child support new case I have custody I am still paying him cs the cs Dept says my new order doesn’t say to stop the enforcement so they can continue to enforce is this legal?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Yes. If the new order does not contemplate child support, then the prior order would be binding as to child support. You would need to file a child support modification petition to have the child support changed.

1 Answer | Asked in Divorce and Military Law for Georgia on
Q: Do i pay alimony still if a judge say it starts Oct 1st. But the money will be coming from my military retirement pay.

Which it will take 2-3 months to kick in. Do I have to pay alimony the in between time? Or she can wait? Also, what wording can I use to just have them wait until military pay's them directly?

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 17, 2022

October 1st means October 1st. She doesn't have to wait.

1 Answer | Asked in Divorce for Georgia on
Q: If one spouse is incarcerated and she is the one who filed for divorce, how can she bypass the final hearing?

Her spouse has answered the filing and the final hearing is scheduled for September 12th. She is however incarcerated so she can't attend. The courts will not offer any instruction and everything I have read states an attorney must file the motion requesting she not be required to attend? Is... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 17, 2022

She needs an attorney. If the case has been set for a hearing, and she does not appear, the divorce case will be dismissed. Some counties will not allow for a divorce to be finalized unless an attorney files a specific motion and affidavit.

1 Answer | Asked in Divorce for Georgia on
Q: If I want to divorce my husband, can I stay in the home in exchange for child support? We have 3 kids, one is his

Been together 10 years and married for 2.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Parties to a divorce can agree to almost anything. However, child support is for the benefit of the child and cannot be waived by either parent. You may be able to show that it is in the best interest of the children to stay in the home in exchange for the Husband to not pay child support. However,... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Husband dragging on signing paperwork we need notarized for divorce. Can I sign/notarize my parts & file w/out him?

I have all my paperwork prepared just need my husband to sign the paperwork in front of the notary. I've asked at least 3 times and he is ignoring me. Can I sign where I need to notarize and file without him signing?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You can unilaterally file a petition for divorce and then serve your husband with the petition in accordance with Georgia Law.

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