Get free answers to your Family Law legal questions from lawyers in your area.
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 
I was a delivery driver labeled as an "essential worker" during COVID in 2021-2022, delivering grass seed and pesticide. I was required to continue working and had to carry a paper stating I was an essential worker in my truck, but my employer did not provide any additional benefits or... View More
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
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
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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.
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
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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.
I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More
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answered on Mar 30, 2025
An affidavit of election filed alone is meaningless. You have to file a modification case in order to change custody.
I have a civil family court case in Rockdale, Georgia Superior Court, concerning custody of my son, who has been abused by his mother for over ten years. Following the mother's disappearance in June 2024 and subsequent relocation to Michigan, I filed for an emergency change of custody pro se... View More
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answered on Apr 2, 2025
Your situation with serving court papers across state lines is challenging but not impossible to resolve. When a defendant is deliberately avoiding service in another state, you have several potential options through the Georgia court system.
You may want to file a motion for alternative... View More
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
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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
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
I'm concerned about my in-laws contacting my children, and they're now helping at my children's school. I've not communicated my concerns to the school administration yet. How can I stop my in-laws from contacting my children, considering our existing legal custody agreements?
I am 14 years old and being charged with unruliness. My guardians are trying to take away all the belongings from my room because they say I'm not "thankful for it." Do they have the legal right to do this?
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answered on Mar 26, 2025
Yes.
I need to find out if I am considered common law married. We have lived together since 1996, starting when I was 18, and I am now 48. We have a 20-year-old daughter. We've referred to each other as husband and wife and he has filed taxes including me. He is abusive, which complicates my... View More
answered on Mar 23, 2025
Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.
This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major... View More
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
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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
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
I am uncertain about the paternity of my child and currently have a DCCS case open for one potential father. The case has been open for a month, and DCCS is trying to locate him as he has moved to another state. The potential father has been unresponsive, and there is no child support order... View More
I need clarification regarding my court-ordered visitation schedule for March 2025. The schedule specifies visitation from Friday at 6 PM until Sunday at 6 PM, but I'm unsure which weekends are considered the first and third. This is based on a court order, and there have been previous... View More
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answered on Mar 16, 2025
The weekend is usually defined as starting on first day of your parenting time.
My wife and I separated after 5 years. She has a son from a previous relationship who is blind and disabled. They came to the U.S. on a visitor visa and now have permanent resident status. Her son is now 19. My wife is trying to get support through the state of Georgia, accusing me of abandonment... View More
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answered on Mar 16, 2025
Normally, you do not have a legal obligation to care for someone else's child. However, if you brought your wife and her child to the US based on your marriage, you probably signed an affidavit stating that you would support her, even after a divorce. You may want to review those documents... View More
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
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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.
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.
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
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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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