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Georgia Divorce Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

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

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

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

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

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

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1 Answer | Asked in Divorce for Georgia on
Q: We are both seniors there are no assets, We have no children,we just want a straight uncontested divorce.

Where do we file for such a divorce in Screven county probate court?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

You will need to file the divorce in the Superior Court of the county in which either of you reside.

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

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

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

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

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 10, 2023

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

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

T. Augustus Claus
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answered on Nov 7, 2023

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.

Unfortunately, due to the...
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2 Answers | Asked in Divorce and Landlord - Tenant for Georgia on
Q: If a move out date was ordered in the divorce, do I still have to file eviction of he refuses to move out?

He was given a move out date of November 10, 2023,he claims I still have to file an eviction and he doesn't have to leave. Is this true?

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 4, 2023

No, that's not true. Speak to a family law attorney who can guide you through your options.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

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

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

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

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can you help me put into words what I should write for the motion of temporary hearing?

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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 26, 2023

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

2 Answers | Asked in Divorce for Georgia on
Q: Do I have to let my wife back in the my home?

My wife moved out of my house. I bought the house before we were married. We got married in April 2022.

Do I have to let her back in?

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 25, 2023

If that is the home you lived in as a married couple, you can't lock her out. She can come back if she wants to.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Wife left home on 5/2. She then started a relationship with another man in July then shortly filed for divorce.

Will this help me in the divorce proceedings?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 19, 2023

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

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How does joint custody work if both parents do not live in the same state?

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

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

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

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Georgia on
Q: Hello I am in dire need of help with family law with additional sections I can bullet point. Single mom 5 kids

Domestic Violence

Slandering

Emotional financial and mental health

Criminal law

Civil rights law

Disorderly provocation to intice ptsd triggers

Theft

Unwillful and unlawful taking and holding assets and children to gain power and manipulate... View More

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

You should speak directly with an attorney. I am unclear what your actual legal question is or what you need advice in reference to based on what you have written.

1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Georgia on
Q: There is a 7yr lien on house and it's going for auction in Nov will that hold up the sale of the house during a divorce

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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 6, 2023

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

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: During divorce if my son is not living with my wife can she tell me I need to pay child support when I have him 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

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

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

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Notice to Produce. What if I refuse to provide or lie and say I’m not having an affair when I am?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

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

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Hi my husband left in April and is still gone. Is this abandonment he won't answer calls or text
T. Augustus Claus
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answered on Sep 27, 2023

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.

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2 Answers | Asked in Divorce for Georgia on
Q: Can I file for my own uncontested divorce with my spouse living in another state?
Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 27, 2023

Yes, as long as he signs the documents, you can get divorced in Georgia.

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2 Answers | Asked in Divorce for Georgia on
Q: Ga native, moved to FL for 1yr now getting a divorce and moved back home to GA. There's no way for me to file now?

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

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 19, 2023

The law requires that you have to be a resident for 6 months before filing. You can speak to an attorney about whether the temporary time in Florida makes you have to start over with the 6 months.

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