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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: Can I sue my husband for having a type of STD before we met and never told me even after we got married or had a child

Husband has genital warts and never told me. Once he did I asked him if it was serious and he said he didn’t know he didn’t ask questions when he was diagnosed. Then after 4 years he told me

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

You may be able to sue for negligence or battery if your husband should have known or did know he had the STD, but neglected or intentionally chose not tell you, and then you contracted the STD from him. However, these types of lawsuits are complicated and you will likely have an issue with spousal... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Can I file the divorce papers I had drawn up in Georgia in Ohio? Because my county will not serve out of the county.

My filing was rejected "Rejected because this needs to be filed in the state and county where the defendant lives. Will not serve outside of county."

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 26, 2022

No, you cannot file Georgia divorce papers in Ohio. Also, it is possible to file for divorce here even if your spouse does not live here. Contact an attorney for assistance.

1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: If I want to fire my divorce lawyer and file myself, do I dismiss him or ask him to withdraw?

I am in GA and have been trying since the end of Oct 2021 to get divorced from my husband who I have a TPO against for a year. I have no more money to pay and will file Pro Se. We have no minor children and the only thing I wanted in my original request is a divorce (which I paid upfront for a... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 8, 2022

Unequivocally tell your attorney you want to fire him/her. At that point, the attorney should file a motion to withdraw with the Court. Further, it is good practice for your attorney to draft a termination letter and for you to review and sign. However, the termination letter will not be filed with... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: If I want to fire my divorce lawyer and file myself, do I dismiss him or ask him to withdraw?

I am in GA and have been trying since the end of Oct 2021 to get divorced from my husband who I have a TPO against for a year. I have no more money to pay and will file Pro Se. We have no minor children and the only thing I wanted in my original request is a divorce (which I paid upfront for a... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 8, 2022

You can tell your attorney that you intend to hire another attorney. Once you hire a new attorney, the new attorney can substitute in the case.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I need help understanding a final modification to my parenting plan

It says Under Special conditions: The parties agree that the following special conditions apply to this Parenting Plan and equally to the parties.

It then lists A-P stipulations. on line P. The Mother shall exercise her parenting time with the children in the State of Georgia. Then it... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 3, 2022

We would need to see this to really understand what is going on. Nothing should have been done behind your back. Were you working with an attorney for your case? It shouldn’t have been approved without you reading it over and agreeing to it.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Should I do my divorce separately from my childs father's rights
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: When does my child support end?

….

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 9, 2022

June.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I need legal help very bad. I have filed for divorce back in 2017 and my x refused to show up for court

My x convinced his parents to call DFCS bc he thought I was on drugs (really bc he later learned I had started dating someone)

His parents are millionaires (truth) and managed to get temporary custody now refusing to give her back bc they don’t like my boyfriend

Judge said I... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on May 6, 2022

It does sound like you have a lot going on. You should consult with an attorney who can review the case in detail and provide you with guidance. If you can’t afford an attorney try contacting Legal Aid to see if you qualify for assistance.

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: I voluntarily closed a reunification because dfcs and my kids father defense. Mentally I'm ready now how do I reopen?

I called dfcs for assistance and explained how I had nothing and nobody to help me after losing my car and having to quit my job no daycare choices for my hours. Mentally I became worse the more they tries to "help" to where I responded I rather die before you continue embarrassing me.... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on May 6, 2022

You have a lot going on here. You should consult with an attorney who can review the facts of the case in detail, help you sort it all out, and provide you with guidance.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can a business, estates, tax, and collections lawyer represent one person in 2 cases against the same defendant?

One case is divorce child custody and the other was a criminal case. We have minor children together I never was able to seek legal representation my ex talked me into signing papers at his attorney's office I do not understand nor comprehend any of this. On top of that the same lawyer and my... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 28, 2022

You have a lot going on with this. I would be wise to consult with an attorney of your own and discuss the facts of the case so you can get some guidance. The custody of your children is at stake, so don’t delay in getting your own attorney.

1 Answer | Asked in Divorce for Georgia on
Q: I've started receiving mail in my soon to be ex-wife's lovers name. What do I do?
Homer P Jordan IV
Homer P Jordan IV
answered on Apr 20, 2022

Is it addressed to him? Mark it as wrong address and give it back to the mail delivery person. Let them know that nobody lives there by that name.

1 Answer | Asked in Divorce for Georgia on
Q: Can I get my marriage that’s only been legal for 1 day annulled?

If I can how would I be able to do so in the state of Georgia

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 14, 2022

You may be able to, try consulting with an attorney who can help you with your case.

1 Answer | Asked in Divorce for Georgia on
Q: How much would it cost for a lawyer to help me file for divorce and shared custody of a child.
Homer P Jordan IV
Homer P Jordan IV
answered on Apr 6, 2022

All lawyers charge different fees, so it will vary. You should start by calling a few lawyers to inquire about the fee that they charge.

2 Answers | Asked in Divorce for Georgia on
Q: I'm married but separated. Can I buy a mobile home without my husband having any rights to it.

I will be buying a mobile home without the help of my husband. I will pay all the fee's myself. I have my own bank account.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 4, 2022

It is hard to answer your question based on the limited facts provided. However, it would likely be the best and safest option to obtain a final divorce decree, then acquire the mobile home. If acquired after the final divorce decree, there would be no question that the mobile home would be your... Read more »

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1 Answer | Asked in Divorce, Child Custody, Communications Law and Juvenile Law for Georgia on
Q: am i allowed to record my facetime conversations with my daughter? Mother is an attorney & doesnt consent

Im recording bc mother has accused me of being drunk and slurring words .. so i bought a breathalyzer .. record blowing bf and after i facetime with my daughter .... i have been recording our facetimes bc of accusations ... mother emailed me said she doesnt consent to the recordings citing private... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

No. See O.C.G.A. section 16-11-62. While Georgia is a one-party state, requiring the consent of only one party to a telephone conversation to record that conversation, Georgia requires the consent of all parties to record a video chat (i.e. FaceTime) in a "private place and out of public... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I have been separated and trying to get a divorce since 2017. My son isn't his do we need his info to get a divorce

Me and my husband have been separated and he knows the child isn't his in the state of Georgia do you need a childs information for a divorce even if we were separated when the child was conceived? Needing to know asap

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

Based on the limited facts you provided, the short answer is no. If your husband has not legitimized or adopted the child, then he is not the legal father and custody/child support would not be handled in your divorce proceedings. However, you should consult a lawyer to better understand the facts... Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: My husband intends to file for divorce. I have no money myself. What do I need to do?
Homer P Jordan IV
Homer P Jordan IV
answered on Mar 29, 2022

It would be a good idea to work with an attorney. Consult with one who can review the facts of your case in detail and provide you with guidance. Most offer a free initial consultation. You may be able to have him pay for your attorney fees.

2 Answers | Asked in Divorce for Georgia on
Q: How do I get a divorce if I don't know where my husband is. Separated 5 plus years. Married in TN but I live in GA.

We were married in TN but I live in GA. No kids or property. Separated 5 plus years. I'm not seeking alimony or spousal support

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Mar 29, 2022

If you can prove you have made every effort to find your spouse, then a court here may give you a divorce by publication. Essentially after you have filled out an affidavit that proves you have attempted to find him, it will run in the paper for 6 weeks, and the divorce can be granted after that... Read more »

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