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Georgia Family Law Questions & Answers
2 Answers | Asked in Juvenile Law and Family Law for Georgia on
Q: Can guardians take belongings from a 14-year-old for being unthankful?

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?

Regina Irene Edwards
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answered on Mar 26, 2025

Yes.

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2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Am I considered common law married after living together since 1996 in Georgia? He filed taxes with me and is abusive.

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

Joshua Schiffer
Joshua Schiffer
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...
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2 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

0 Answers | Asked in Family Law and Child Support for Georgia on
Q: How to handle paternity uncertainty with DCCS in Georgia?

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

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Clarification on court-ordered visitation weekends in March 2025

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

V. Joy Edwards
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answered on Mar 16, 2025

The weekend is usually defined as starting on first day of your parenting time.

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2 Answers | Asked in Family Law, Child Support and Employment Law for Georgia on
Q: Separated, accused of abandonment for wife's disabled son. Concerned about legal responsibility?

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

Regina Irene Edwards
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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

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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.

Regina Irene Edwards
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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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0 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Seeking advice on custody and visitation issues in Georgia after involuntary commitment in Louisiana and relocation.

In 2012, my husband secured a coroner's warrant in Louisiana for a mental health evaluation, which led to my involuntary commitment for four days. During that time, he took my daughter to Dallas, Texas, and initiated custody and support proceedings without my consent. I retain all parental... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Family Law for Georgia on
Q: Accused of child abuse but claim innocence, how to prove it?

I'm accused of child abuse by the authorities, but I didn't do it. The oldest girl was actually beating on her sisters, but the children are saying I was the one doing it. They don't like the rules and discipline I enforce. I haven't taken any legal steps yet, but the detective... View More

Glenn T. Stern
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answered on Mar 13, 2025

Child abuse charges are serious and complicated. Absolutely do not go and speak to law enforcement without first hiring an attorney to consult. If that attorney thinks it's appropriate for you to speak with law enforcement, they will almost certainly want to accompany you to that meeting.

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 Public Benefits, Family Law and Landlord - Tenant for Georgia on
Q: Legal implications for step-son leaving his mother without support in GA

I'm concerned about a situation involving my step-son's mother, who lives in Georgia and has been denied disability benefits multiple times. My step-son has been providing her with care, transportation to medical appointments, and covering her medical expenses since losing her insurance.... View More

Regina Irene Edwards
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answered on Mar 7, 2025

Unless there is a legal guardianship in place, no one is required to house or care for an adult.

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.

1 Answer | Asked in Real Estate Law and Family Law for Georgia on
Q: How to remove a domestic partner from deed in Georgia?

I would like to know how to remove my domestic partner from the deed of my home in Georgia. The mortgage is solely in my name, and I have made all the payments. We have been on the deed together for 6 years, there isn't a legal agreement regarding the property, and we are now breaking up. My... View More

James Clifton
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James Clifton
answered on Mar 3, 2025

Unfortunately, you cannot remove someone from a deed without their consent unless there is a written agreement to the contrary. The co-owner also has the right to occupy the property, so you cannot legally remove them either. If you want to keep the property, you will need to buy out your partner.... View More

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