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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years

Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years with no help , I added him to my deed upon getting married , we have a child that’s in college… can I keep my property?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 23, 2022

It is not a foregone conclusion that you will have to sell your house. Refinancing may be an option, or an exchange of other marital assets in lieu of accumulated equity. You need to speak to an attorney who will be able to look at exact numbers so they can give you specific advice.

2 Answers | Asked in Divorce for Georgia on
Q: If I got married in Louisiana but me and my spouse lived in ga for a year together which state do I file for divorce?

We don’t have assists or kids to split and have not been together for over 12 years

Robbie Levin
Robbie Levin answered on Jan 21, 2022

Generally, the state where you got married is not a factor in where the divorce is filed. You file for divorce in the State where you/your spouse are currently living. Some states have residency requirements. In Georgia, you need to live here at least 6 months prior to filing.

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2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband received 100K from his Stepfather in form of a publicly traded company stock.

Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 10, 2022

No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.

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2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Husband wont sign divorce papers

I've had him served twice and I also served him. He is currently in a Texas State Prison. When he finally responded he wrote on the top sheet " absolutely not unacceptable " signed it and sent it back. He has been in and out of Texas prison system for 8 years. Drug related charges... Read more »

Robbie Levin
Robbie Levin answered on Jan 10, 2022

If your husband won't sign paperwork, you can still get divorced. You will just need to file the appropriate paperwork and have the Court sign off on the divorce. It may also require a short court hearing. I would suggest obtaining a lawyer to help you through the process.

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2 Answers | Asked in Divorce for Georgia on
Q: Going through a divorce after 13 years of marriage. The house is in both of our names. I got angry and kicked a hole

In the wall.. he's trying to tell me I can't have the house because of it and that the judge will make me leave. Is that true

Regina Irene Edwards
Regina Irene Edwards answered on Jan 10, 2022

The hold is not relevant to division of property. However, there may be cause for a restraining order and removal if violence is occurring. Speak to an attorney now about your options.

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: My husband wants too file a divorce but not include the children

He wants me too say that we have no minor children in order to get divorced sooner

V. Joy Edwards
V. Joy Edwards answered on Jan 9, 2022

When you file any documents with the court you have to sign a verification saying it is true and correct. If you are later found out to have knowingly lied to the Court you can be charged with committing purgery, which can carry jail time. You should speak with an attorney to make sure you are... Read more »

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: How to navigate spouse and lawyer delaying divorce process? No children support in 9 months.

My lawyers have been asking my spouse, with whom I am separated from for his check stubs to complete the docs for Divorce and child support since July 2021. Received start of Dece. Waited one month for spouse to sign docs and wanted changes. Now have to wait again. What can be done to move Divorce... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 6, 2022

You don't have to wait for him to sign. You can file for divorce and ask for a hearing immediately for him to pay child support.

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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I was awarded emergency custody of my kids in 2018 after a mom abused my 7yr at the time we have 3 kids total

I went to superior court to file for divorce The judge sent us to juvenile courts where I was awarded custody of the kids the CPS & gal was involved

Mom had numerous other abuse incidents during the parenting time process but jurisdiction & who knows what prevented anything from... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 5, 2022

Trying to get to the heart of your inquiry, but it appears you have a messy custody/family/criminal set of intertwined issues. Unfortunately as you have discovered there are not a lot of great resources for folks in these situations outside the traditional legal system.

The headline is...
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1 Answer | Asked in Divorce for Georgia on
Q: Divorced in 2007 need to file a QDRO was told Dekalb Co. pension will not accept the QDRO form. Is that true.

Was told they do not accept the QDRO that I will have to wait until my ex spouse retires and that he himself will give me whatever money is coming to me, That doesn't sound right I need help.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 4, 2022

It may be right. There are some government retirement accounts that are not divisible. The spouse has to voluntarily pay upon retirement. This is something that should have been accounted for in your divorce order or agreement.

2 Answers | Asked in Divorce for Georgia on
Q: Me and my husband own a house he signed his name first does this mean if I divorce him I will loose my house

Due to constant mental stress and verbal abuse I want him out of my life. There are no kids in the home

Regina Irene Edwards
Regina Irene Edwards answered on Jan 3, 2022

Who signs first is not relevant. It may still be considered marital property and the court will divide it fairly.

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1 Answer | Asked in Divorce for Georgia on
Q: Is my ex spouse allowed on my property after divorce has been finalized and I am refinancing the home?

Divorce has been finalized and I was awarded the home and given 6 months to refinance the home and have to pay ex spouse monthly mortgage until the home has been refinanced. The judge ordered him to leave the home and take all belongings giving him 30 days. 30 days has passed and he still wants to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 3, 2022

You should not call the police over a minor issue. If you don't want him in the house, tell him to come by at a certain time and date and everything will be left in the driveway for him to take. Technically, he may not have the right to get anything if it's been past 30 days, but it... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Can I be divorced when I never was served or signed and shared child was born before marriage
Regina Irene Edwards
Regina Irene Edwards answered on Dec 31, 2021

It's possible. Sometimes a divorce can be granted by publication. Speak with an attorney who can look up your case and review.

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1 Answer | Asked in Divorce for Georgia on
Q: PLANTIFF IN DIVORCE IS NOW STALLING IT.

The wife's attorney and her have stalled the divorce.

No Minor Children/ Assetts. Wife filed divorce. Husband's attorney did Answer.

The husband wants it done and over. What can his Attorney do about this?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 27, 2021

His attorney can set the case for trial.

1 Answer | Asked in Divorce for Georgia on
Q: Need advice on how to go about filing my divorce

Legally yes we have a child together but I no longer have any parental rights to our son and the father has full custody of him. This was done through juvenile court when our son was in foster care

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Filing for Legal Paternity

When seeking to establish paternity of a child, there are several options on how this can be done. The option chosen will depend on who is filing to establish paternity, and whether or not there is any disagreement on the matter.

• Voluntary...
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1 Answer | Asked in Divorce for Georgia on
Q: Is it legal if two people are still married to plant cameras and wiretap their home that the other spouse lives in alone

My estranged husband and I have yet to finalize the divorce. He has been planting hidden cameras and listening devices in my home that he no longer resides in and I don’t know if this is illegal or not because we are still married, and I have yet to get his name off the lease. I live here alone... Read more »

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Sorry this happened to you. In Georgia a spouse's secret videotaping video footage is admissible at trial, in divorce case; during the time that spouse used the video surveillance devices.

If the following is true i.e.. kept clothes and other personal items at the marital residence,...
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3 Answers | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I live in Georgia. I want to know about propert division in a fault divorce. If I am a victim of Domestic violence.

Will I be able to keep the home? Or get a greater share? Will my spouse have to move out. I also dont want to uproot my son. The house is paid in full. Also will I get full custody of my son?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 22, 2021

You need to have a consultation with an attorney. Each case varies based on income, assets of the parties, history of caretaking of the child and other factors. Once more information about those is known, an attorney can give you advice.

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1 Answer | Asked in Divorce for Georgia on
Q: How do I go about getting a free divorce lawyer?My husband has got a lawyer and I have no job and he knows this
Homer P Jordan IV
Homer P Jordan IV answered on Dec 16, 2021

It would be wise to work with an attorney, especially considering your husband has one. Consult with an attorney who can review the facts of the case with you and provide direction (most attorneys offer a free consultation). You may be able to get the financial assistance from your husband to pay... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Which way do i need to self file my divorce?

I live in ga. Spouse is incarcerated in kentucky. Have 3 minor children. Separated in 2015 during which time kids were placed under guardianship of friend. Husband has agreed to file uncontested and has had zero contact with kids since separation. Do i file uncontested without kids given the fact... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Dec 16, 2021

You should consult with an attorney who can review the facts of the case in detail and help you move forward. Since he is incarcerated it should not be a complicated case.

3 Answers | Asked in Divorce for Georgia on
Q: I have a uncle who is bed reading and on hospice an I'm trying to help him get a divorce his wife hasn't been around .

His wife hasn't been around in over 20yrs .

Robbie Levin
Robbie Levin answered on Dec 13, 2021

An attorney would be able to get him a divorce.

For more information visit my website at www.LevinLawyerGa.com

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