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Georgia Divorce Questions & Answers
2 Answers | Asked in Divorce, Child Custody and Family Law for Georgia on
Q: Does getting married affect a no-overnight guest clause in custody agreement?

In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 21, 2025

There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More

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1 Answer | Asked in Child Custody, Divorce, Military Law and Family Law for Georgia on
Q: How can I get full custody of my child during a divorce in GA?

I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 21, 2025

You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for Georgia on
Q: Legal options for undisclosed past marriage and lies in Georgia

I am married to a man in the US who did not disclose his previous marriage and children before we got married. I live in Malaysia, and I found out about his past after the marriage when someone told me. He claims it wasn't necessary to inform me about it. There have been several other lies as... View More

James L. Arrasmith
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answered on Apr 19, 2025

Your situation involving an undisclosed previous marriage involves serious legal implications under both Georgia and international law. In Georgia, fraud or concealment of important facts in a marriage may constitute grounds for either divorce or, in limited circumstances, annulment. When a spouse... View More

0 Answers | Asked in Appeals / Appellate Law, Divorce and Family Law for Georgia on
Q: Are appeals allowed in Georgia for 2014 uncontested divorce with settlement agreement?

I am seeking legal guidance on whether there is a basis or any case law in Georgia that indicates there are no appeals allowed in an uncontested divorce, which includes a settlement agreement. The divorce judgment was pronounced in 2014, and there have been no issues with the judgment. I need this... View More

3 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: How to address spouse's false claims in a divorce financial affidavit?

I am representing myself in a divorce case, and my spouse has submitted a financial affidavit that includes bills he does not pay. For example, he claims to be paying a cable bill, but we haven't had cable service for nearly two years. I need to file my answer to this affidavit. How should I... View More

Regina Irene Edwards
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answered on Apr 16, 2025

You don't file an answer to the affidavit. You file your own affidavit and you can challenge his at trial through cross examination.

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3 Answers | Asked in Divorce, Real Estate Law and Family Law for Georgia on
Q: Should I remove my name from the deed without compensation after contributing to the house purchase and being divorced for 8 years?

I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

The time to address the home and any other real or personal property was during your divorce. If the house, your contributions, and ownership was not addressed in the divorce, you have likely lost your right to ask for anything at this point, as your divorce was finalized 8 years ago.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Missing paperwork on maiden name restoration in Fulton County divorce decree.

Fulton County, GA divorce decree - I lost paperwork. I KNOW it has the checkbox that mentions restoring maiden name (or not) because I saw it two weeks ago. I then got sidetracked and now I can't find the page/section that had that line item. I filed for “any and all” papers related to the... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you're missing the page with the checkbox for maiden name restoration in your Fulton County divorce decree, it’s likely that the page was part of the final judgment or one of the other documents in your case file. The decree itself is usually a one-page summary, and additional decisions,... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How to file for divorce when spouse is incarcerated in Georgia?

I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.

Regina Irene Edwards
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answered on Apr 9, 2025

This is a very easy and inexpensive case for an attorney to handle. The case will be filed in your home county and he will be served in prison. If he does not file a response, a final hearing is scheduled and the divorce granted.

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2 Answers | Asked in Divorce, Child Support and Family Law for Georgia on
Q: Can I file a child support addendum without my spouse's signature in Georgia divorce? What steps to resolve this issue?

I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More

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1 Answer | Asked in Divorce, Child Support, Child Custody and Family Law for Georgia on
Q: Divorce proceedings issue with unsigned child support addendum in Georgia.

I am currently going through a divorce and my spouse and I initially agreed, signed, and filed all the divorce paperwork together. However, I was notified that I was missing a parenting seminar certificate and a child support addendum and worksheet. My spouse refused to sign the child support... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, both parents typically need to agree and sign the child support addendum as part of the divorce proceedings. If your spouse refuses to sign due to a disagreement on a specific question, you may face challenges in submitting the addendum without his signature. However, the court might... View More

3 Answers | Asked in Divorce, Family Law, Landlord - Tenant and Real Estate Law for Georgia on
Q: What can I do to protect my rights and stay on my husband's grandmother's property?

My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

One spouse cannot have another spouse removed from what has been the marital property. Your husband cannot make you leave, even if it's his grandmothers property. She can go through the proper process of evicting you.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can my imprisoned spouse claim half my assets in a divorce?

I am considering marrying my girlfriend, who is in prison for life. We do not have any prenuptial or post-nuptial agreements, and we are planning to marry in Georgia. We currently have no shared assets, nor do we plan to merge finances after marriage. Can she still divorce me and potentially claim... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, assets acquired during the marriage are generally subject to equitable distribution in the event of a divorce. This means that, even though you don’t currently have shared assets, any property or income gained after marriage could potentially be divided between you and your spouse.... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How to file for divorce in Georgia with 3 kids, 6-year marriage?

I'm seeking guidance on filing for a divorce. We have been married for six years and share three children. My spouse and I both agree on getting a divorce, and there are no assets to split. We haven't started any legal proceedings yet, and I'm not looking for a specific custody... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

You should hire an attorney to file for divorce. Either you and your spouse will have to come to an agreement on custody, visitation, child support, & the distribution of assets and debts, or you will have to have a trial.

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3 Answers | 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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

I would not sell any real or personal property that was purchased during the marriage prior to filing for divorce or after filing. Anything purchased during the marriage, regardless of who's name it is in, is considered marital property, and your spouse could be entitled to some portion of... View More

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2 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

Regina Irene Edwards
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answered on Apr 2, 2025

No. You can file for divorce. If you found out about his issues 9 years ago and decided to stay, it's difficult to argue fraud now.

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3 Answers | 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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

If you had a lawyer during your divorce you should speak to your lawyer. If you did not have a lawyer, then you will need to first review your divorce papers and see if any deadlines were put in place for your spouse and when to do things. If there were not any concrete deadlines, you can still... View More

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2 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

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2025

I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More

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2 Answers | 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.

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3 Answers | 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

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1 Answer | 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

James L. Arrasmith
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answered on Apr 13, 2025

Given the situation, filing for divorce in Columbus, where you currently live, might be your best option, especially since your child is adjusted to their school and environment there. Courts tend to consider the child's current living situation and stability when making custody decisions.... View More

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