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Georgia Divorce Questions & Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on

Q: Can my husband take our 2 children to another state without my consent and after I have contested it in court?

He is the primary custodial parent only through a temporary custody order.

Ellaretha Coleman answered on Jun 16, 2019

It is unclear from your question whether he is taking the children temporarily or moving permanently. Typically, if a case is pending the standing order will prevent a parent from permanently removing the children from the state of Georgia during the pendency of a divorce or custody action.... Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on

Q: Am I allowed to refuse visitation to the non-custodial parent due to alcohol, drug and extreme sexiual behvior abuse.

I am the custodial parent and I wanted to know can I refuse visitation according to the other parent abuse. He has not seen his child in over 3 years becuase he hops state to state and city to city. He owes over 27,000 dollars in child support. I have video and photo proof of all his abuse.... Read more »

Samantha A Holloway answered on Jun 12, 2019

I would suggest that you file the necessary documents to modify visitation immediately. Depending on the judge/county, you may be able to get an emergency hearing to temporarily modify visitation if you believe that your child will be in danger when the child is in his father's care.

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3 Answers | Asked in Divorce for Georgia on

Q: The document is dated for 10/22/2018. They located me through email 2 weeks ago but served me tonight.

Ellaretha Coleman answered on Jun 6, 2019

I'm not sure what your question is. If the petition/complaint is dated 10/22/2018, but you were not served until last night, you will still have 30 days from the date of service to respond. It is not unusual for there to be a delay in service if there is difficulty locating a respondent.

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3 Answers | Asked in Divorce for Georgia on

Q: Good evening I was just served with documents 30 minutes ago on 6/5/19 stating my husband wants a divorce

How is it possible to answer by 10/22/18? I was just served 6/5/19

Regina Irene Edwards answered on Jun 5, 2019

You should consult with a family law attorney about your case. You normally have 30 days to file an answer.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on

Q: Divorced in GA & now dependents live in SC, divorce decree says joint custody. What are my rights?

I live in GA my ex wife moved to SC with our kids. Our divorce decree states we have joint custody but she won’t allow me to see them. Does the divorce decree still hold up? Is she in violation of the decree orders, or does the rules change since they’re in another state? How can I get my... Read more »

Regina Irene Edwards answered on Jun 4, 2019

The divorce decree is valid in all 50 states. You can apply to modify the order in Georgia. Georgia allows children 14 and up to pick the parent with whom they wish to live.

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3 Answers | Asked in Criminal Law, Divorce and Family Law for Georgia on

Q: If my spouse, in court, admits to a crime, possession of prescription meds that aren't hers, what would a judge do?

Regina Irene Edwards answered on Jun 4, 2019

There is no way to answer that question. Each judge is different, each situation is different, and the type of drugs are relevant. It's possible that it won't make much difference.

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1 Answer | Asked in Child Support, Criminal Law, Divorce and Family Law for Georgia on

Q: My husband deserted me while suffering from medical issues. He has left the state and we have one child and no support.

He has sent no money for support. What can he be charged with and how long before he would have to give me any money. How long before I could get help. I am homeless and starving.

Ellaretha Coleman answered on May 31, 2019

You can file a warrant application for abandonment if he has not supported the child in more than 30 days. You can also open a child support action.

2 Answers | Asked in Divorce and Family Law for Georgia on

Q: How many days before first court date for divorce are you required to provide all of your evidence to opposing counsel?

Regina Irene Edwards answered on May 29, 2019

There is no set rule. If discovery (definition - the compulsory disclosure, by a party to an action, of relevant documents referred to by the other party.) requests were not filed, and there is no pre-trial order, there is no affirmative duty to provide evidence to the other side at all, let... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on

Q: what can i do to have a divorce case postponed. I am unprepared and do not have a lawyer yet.

After my wife had kicked me out and changed the locks to have a affair with her ex husband. I am now homeless down in panama city beach Fl.

Regina Irene Edwards answered on May 29, 2019

There is no guarantee that a court date will be postponed simply because you are not ready. You should consult an attorney about your option.

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1 Answer | Asked in Divorce for Georgia on

Q: I was separated in 2007 from my wife of 25 years.

In 2014 we attempted to reconcile but it failed quickly. Is she entitled to any assets I accumulated from 2017 to 2014 while we were separated?

Regina Irene Edwards answered on May 29, 2019

There is no black and white answer to this. You need to consult with an attorney about your options.

3 Answers | Asked in Family Law and Divorce for Georgia on

Q: Hello I’ve been married since 4/08/2019 and I cannot deal with verbal abuse, I’m enquiring about an annulment.

We got married at the Dekalb County County Court House I will hate for his verbal abuse towards me to turn into physical abuse.

Regina Irene Edwards answered on May 28, 2019

Annulments are rare and only granted for specific legal reasons. You need to speak to an attorney about filing for divorce.

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2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Georgia on

Q: How do I get rights to my ex girlfriends child without her giving up her rights and I'm a female also

The child's father has never seen him nor wants anything to do with him also been in jail every since before he was born

Ellaretha Coleman answered on May 21, 2019

You are only going to be able to have a relationship with the child to the extent the mother allows you to. There is no avenue for you to obtain legal rights to the child absent a step-parent adoption.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on

Q: Georgia, divorce filed, no court order, mother takes son 18 mo, denies father any contact, 2weeks so far, is this legal?

Additionally, mother takes child on dates with the man she has and is having an affair with. Acts as a couple in front of child, hugging and kissing.

Ellaretha Coleman answered on May 19, 2019

You need to request a temporary hearing to put a temporary parenting plan in place.

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2 Answers | Asked in Divorce for Georgia on

Q: how many month separate need for divorce in Georgia Mcdonough

Regina Irene Edwards answered on May 15, 2019

There is no time requirement for separation.

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2 Answers | Asked in Divorce for Georgia on

Q: Divorce contempt definition of does not wish to sanction him at this time means?

Regina Irene Edwards answered on May 14, 2019

You need to consult with an attorney who can read the entire order to tell you what it means.

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2 Answers | Asked in Divorce and Child Custody for Georgia on

Q: A divorce petition filed and served, can on parent abscond with their child and prevent the other parent from seeing him

Regina Irene Edwards answered on May 12, 2019

That should not happen, even before a divorce being filed. If there is a standing order that was filed and served, then the other parent might be in contempt for violating it.

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2 Answers | Asked in Divorce for Georgia on

Q: Can I purchase a house if I’m married and then file for divorce and spouse have no stake in my home.

I currently live in his home we had before we got married.

Samantha A Holloway answered on May 4, 2019

Yes you can, however the house will likely be considered marital property and your soon to be ex may be have a financial interest in it. If you can wait, I would suggest purchasing the home after your divorce is finalized.

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3 Answers | Asked in Divorce for Georgia on

Q: Is it better to wait to be served divorce papers , or be the first to file ?

My husband asked me for a divorce , I left the house last June, due to violent behavior and have talked to him every day since he went to a 30 in house program for PTSD...I'm staying with my son in Jacksonville fl helping out with their newborn child , and he all the sudden called me last... Read more »

Robbie Levin answered on Apr 30, 2019

It doesn’t really matter whether you’re the plaintiff or defendant. As the defendant you would counterclaim for divorce anyway. I would recommend consulting an attorney, especially with children and violent behavior involved.

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

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on

Q: How can I stop my ex wife from using her crazy friend and her husband as babysitters for my 5 y.o. daughter?

The woman is bipolar, manipulates ex wife and has had violent outbursts at work The husband hacked into my laptop, email accounts, travel, Expedia, HSA account, mobile phone account and printed all of this. He has also planted spy cameras in ex wife's home, office and filed a TPO on his 15 y.o.... Read more »

P. Justin Thrailkill answered on Apr 30, 2019

Personal issues between you and these people is not going to be enough to prevent them from babysitting. If you have genuine concerns for your child's safety in the care of these people, you may want to talk to counsel about filing for a modification of custody and visitation and asking a court to... Read more »

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1 Answer | Asked in Divorce for Georgia on

Q: I was Married in Florida , and moved to Ga 2 1/2 yrs ago, my husband just asked for divorce , I did nothing wrong, he

just doesnt want to be married anymore , it's his 5th marriage and my first ...a total of 5 years 4 months weve been married ...I gave up my car for his new truck , he let the new truck get repossessed, now I have no car or truck ! He wants me to sign off on deed and walk away, do I have any... Read more »

P. Justin Thrailkill answered on Apr 30, 2019

You certainly have rights. You need to sit down with an attorney and discuss your options based upon the facts of your specific case. Don't sign anything until you've spoken with counsel.

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