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Georgia Divorce Questions & Answers
2 Answers | 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.

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2 Answers | 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.

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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.

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3 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

1 Answer | 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?

James L. Arrasmith
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answered on Apr 12, 2025

Georgia Prenuptial Agreement Privacy Analysis

Your prenuptial agreement does not require filing with any Georgia court simply to remain valid and enforceable, as Georgia law recognizes these as private contracts between spouses without mandatory recording requirements. Prenuptial agreements...
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1 Answer | 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

James L. Arrasmith
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answered on Apr 12, 2025

The scenario you describe presents potential grounds for a claim of fraudulent inducement rather than coercion in the legal sense, as traditional coercion typically involves threats or intimidation while your situation involves calculated deception. Courts often recognize that spouses maintain... 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

2 Answers | Asked in Family Law, Criminal Law and Divorce for Georgia on
Q: What needs to be done to ensure I get the marital home in the divorce after husbands infidelity?

I am still in love with my husband but his infidelity has caused us to move forward in separation and divorce, his mistress have been recording mine and my husbands conversations and she is helping him to build a case against me. There is nothing that I did to end this marriage except for not... View More

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

Before a court will award you the marital residence they will consider if you can afford the mortgage, if there is a mortgage or a loan on the home, and if there is no mortgage, they will consider all relevant factors to determine whether to award you the residence, including the length of the... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What do I need to do prove without a shadow of doubt that my husband is having an affair with his coworker?

They are both state employees, I have pictures, videos, voice recordings from them. I am wanting to know how can I ensure I get alimony and the marital home in the divorce. Married 13 years. No biological kids.

Regina Irene Edwards
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answered on Feb 12, 2025

Proving he is having an affair is not a guarantee you will get alimony. Alimony is based on a variety of factors. Conduct is just one factor. More important is your financial need for it and his ability to pay it.

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1 Answer | Asked in Divorce for Georgia on
Q: I was having a divorce hearing, and our attorneys had reserved a day and a half of time for our divorce and we ran out

Time. It’s a no fault divorce, the only thing to be decided is alimony. My wife had filled an emergency hearing for Alimony and was granted temporary alimony. The judge because we ran out of time reserved for the court room set a new date 2 months from now to finish. My wife and her mother both... View More

Regina Irene Edwards
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answered on Feb 9, 2025

You should probably ask this question in the Mississippi forum, not Georgia.

2 Answers | Asked in Divorce for Georgia on
Q: How can I file for child support without an addendum now that my ex husband does not agree with the amount on worksheet

We agreed on $250 per month which unfortunately he only paid once since our separation and before the worksheet was completed. the worksheet states $508 monthly by his gross income. He does not agree with that so refuses to sign the parenting plan, motion for judgment and the child support... View More

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

I'm unsure what you are actually doing because you're talking about filing for child support but you submitted this question under divorce. If you are actually getting a divorce, then child support will be finalized in your divorce. You could also ask for child support on a temporary... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How do I respond to a motion for contempt and what forms or templates can I use to do so for the state of GA?

Both parties are technically guilty for not following actions in time and are both months overdue, however communication has been sought between both parties attorneys. I am curious if there is a template I can use to draft my response and how I counter it to say that the other party is also... View More

Regina Irene Edwards
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answered on Jan 31, 2025

There is not a template you can use. You can just respond in plain language regarding the allegations. You also cannot file a counterclaim to a contempt action. You have to file your own case if the other party is in contempt.

1 Answer | Asked in Divorce for Georgia on
Q: the equity in our house was divied in half divorce was finalize 18/10/24 when should it be paid out my wife to do it

my wife wants to now sell the house to pay me or pay in segments what is my legal course

Regina Irene Edwards
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answered on Jan 29, 2025

Follow whatever your divorce decree says. We can't tell you when it is supposed to be paid out because details should be in the decree that you have.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Do you need a lawyer to try to file for temporary custody of your child while still waiting for the divorce to be done
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 24, 2025

I think you need a lawyer because I don’t understand your question. A divorce should encompass custody, temporary and then permanent. And if the child is with someone other than your spouse then I would still use a lawyer to file for primary custody.

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