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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: Does having educational tie breaker also include decision on sending children to preschool and where to send children

I understand preschool is optional and per Georgia Compulsory law children aren’t required to attend school until 6. Dad has educational tie breaker, mom has primary physical custody. Parents previously made a written agreement per email for children to a school and after mom paid tuition and... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 1, 2021

Tiebreaker means the parties are supposed to consult and confer, but the educational tiebreaker can make the final decision, even if it goes against prior informal agreement. Father should have consulted with Mother first, but ultimately, he gets to make the final call.

2 Answers | Asked in Divorce for Georgia on
Q: What if I forgot to submit the summons but the opposing still filed a response to motion to amend final order.

How will Court handle at hearing. Could opposing counsel bring up at hearing to have motion completely ignored?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Not filing a Summons is not fatal to a case - you can always file it now.

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2 Answers | Asked in Divorce for Georgia on
Q: In Fulton County Superior Court Family Division, if an individual I want served with a Motion to Modify Final Order...

has an attorney on record do I serve the attorney with the motion or serve the individual with the motion?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

For a new modification case, you have to serve the other party personally.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

Given the short length of the marriage, it is unlikely that he will have to give you any more money if you already recovered what you say he owed. You should contact an attorney about an uncontested divorce.

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3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

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2 Answers | Asked in Divorce for Georgia on
Q: Am I still liable to pay of debt from a divorce if my ex wife has stopped me from contacting her & pay off my portion

My ex wife & I had an uncontested divorce. It was agreed that we split all the finances. I was consistently paying her for two months until & she stop contacting me. She has removed me from all the financial accounts we shared together. She has furthered blocked me from all contacts & social media

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

Were you paying her or were you paying for the debts directly to where the debt is owed? If you agreed to split all the finances, including the debt, then you would still be obligated to follow through with that.

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2 Answers | Asked in Divorce for Georgia on
Q: If recently my son found out his wife had gotten a Divorce with free divorce papers from the courts,

The problem here is these papers were filled out and signed while she was pregnant with our daughter. So at that current time we had no child born in the marriage, although they had a son in which she never took the motorized signature of my son ( supposively the dad) and her explanation has been... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2021

You have a lot going on here. It would be wise for your son to consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action to address the situation. She will have to provide a DNA test to determine if the child is biologically his. If the... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: My husband and I been married 5 years he cheated could I get alimony
V. Joy Edwards
V. Joy Edwards answered on Jul 16, 2021

Adultery is just one of the factors the Court can consider when determining if Alimony is appropriate. Consult with an attorney to discuss the entire situation to get a clearer picture on if alimony is appropriate.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Have a friend that is married and his wife is cheating she has another man living with her what can he do

She a restraining order against her husband he cant even see his kids while she has another man living in his home

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Jul 12, 2021

I agree with my colleague. He should file for divorce and ask for parenting time. He must still abide by the conditions of his TPO. If he doesn't it could jeopardize his future parenting time.

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3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No.

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2 Answers | Asked in Divorce for Georgia on
Q: I have been divorced in KY for 4 years. When we divided up personal property I forgot to ask for my $1200 Kayak. Can

I have texted him several times even offering to buy it from him; he ignores me. Can I still recover this ?

I divorced in KY and live in KY

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No, the divorce agreement is final. If he doesn't want to sell it to you, there is nothing you can do.

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3 Answers | Asked in Divorce for Georgia on
Q: Do I have to put the Petition Code on a divorce petition?
Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Jul 2, 2021

No, you just need to indicate that it is a divorce Petition and the statutory grounds for the divorce. A few examples are are irreconcilable differences, adultery, or cruel treatment. There are 13 total grounds for divorce.

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3 Answers | Asked in Divorce for Georgia on
Q: Im disabled. My ex-husband made me sign a non-contested divorce & threatened me. Can i go to court and get my part?

I signed divorce papers under the threats of an abusive Narcissist. I am disabled with no income. I was married 25 years. Can prove duress and abuse along with adultery. I cant afford a lawyer as i have 0 income. Waiting for my disability to be approved. Is there anyone that will help me get what i... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 28, 2021

If your case has not been finalized, talk to an attorney immediately about setting aside the agreement.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Would a remarriage to a former spouse null and void the terms of a separation agreement from the first marriage?

Terms of the separation agreement calls for $10,000 to be remitted to former spouse to represent her equity in the marital residence. The couple later reconciles and remarry which just recently ended in divorce for the second time April 2021 with a new separation agreement. The now former spouse... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

You have a lot going on here it seems. I would suggest consulting with an attorney who can review all the facts and provide you with guidance.

2 Answers | Asked in Divorce for Georgia on
Q: Divorce

My wife of 9 years moved and left me in GA

Michael D. Birchmore
Michael D. Birchmore answered on Jun 21, 2021

Did you want us to answer a question for you? If so, you need to post the question here first.

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4 Answers | Asked in Divorce for Georgia on
Q: Which county do I file for divorce?

He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?

V. Joy Edwards
V. Joy Edwards answered on Jun 18, 2021

Yes he can be served in jail. Since he's just in jail, not prison, that's usually not the last know residence. Gwinnett may be the better place for correct venue. You should consult with an attorney on how to best move your case forward.

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3 Answers | Asked in Divorce for Georgia on
Q: I'm unemployed due to a business failure and considering a divorce. My wife still makes 100k.

Is there any advantage or disadvantage to getting a divorce while unemployed? I keep hearing very different opinions on this issue. Who's right?

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

We don't know. More information is needed. Are there children involved? What assets will be fought over? Who is paying the family's bills right now? Do you live in the same house? What are you doing to get back on your feet?

I can say that if you file for divorce now, the...
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1 Answer | Asked in Divorce for Georgia on
Q: I hold the mortgage both my ex and I are on the deed. When the house sells, how do we divide the equity?

I refinanced the house taking my ex-wives name off the mortgage but it remained on the deed. The only thing the divorce decree says is the we will hare the "net equity". The house is selling 6 years after the divorce. What goes in to "net" equity. My realtor says i can take... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2021

If your agreement doesn't allow to deduct payments and taxes, you cannot. Net equity is sales price minus closing costs and mortgage. Deducting the payments would mean you got to live there for free for 6 years. You had to pay those somewhere.

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