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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I am trying to start the divorce process with my husband who ran off with our daughter out of state. I haven’t been able

To do so yet since I do not know his address. I recently found out where my daughter is going to school so I know what city he is in at least. What can I do with this information? Can the school give a lawyer his address? We have no formal custody agreement or anything keeping me from her, he’s... Read more »

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

You can hire a skip tracer to locate him. You can at this point still move forward with the divorce. You should work with an attorney who can help you with the proper course of action.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... Read more »

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

Don't worry about the lawyer says. First, anything you add to the petition isn't considered evidence. In court, you present the evidence to the judge. But send clear copies of your evidence to the attorney ahead of time. Let the judge decide if your evidence is usable or not. But you... Read more »

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3 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: married 15 years. built a home during our marriage. Husband put in his kid’s names. If divorce, my legal rights?

Zero mortgage and we live in it. My rights,? As in long term as well as short term?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 30, 2021

It's possible that the deed can be undone and your rights to the house restored. Speak to an attorney about how to proceed.

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2 Answers | Asked in Divorce for Georgia on
Q: What can I do if my husband is running a smear campaign of me on Facebook? No divorce is filed.

He cheats and is verbally abusive but is projecting it onto me, like I’m doing those things to make himself look like a victim. Facebook won’t take it down when reported as harassment or bullying.

Regina Irene Edwards
Regina Irene Edwards answered on Sep 30, 2021

Speak with an attorney about filing for divorce and asking for a restraining order.

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1 Answer | Asked in Divorce for Georgia on
Q: What does Motion for Trial mean?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 28, 2021

That the party is ready for trial.

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband bugged the house and has been watching me because he thinks I am cheating and I am not, is this legal?

I want a divorce because I am tired of him mistreating me. He is emotionally abusive and has been physically abusive in front of our daughter and he has a pending case against him that I tried to get dropped because he kept asking me to. I just want out of this marriage and to move on with my... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 27, 2021

You should work with an attorney who can help you with the proper course of action to move forward with the divorce. You may be able to get alimony, as well as child support. Consult with an attorney as soon as you can so this can be addressed.

2 Answers | Asked in Divorce for Georgia on
Q: I have a friend who’s husband tells her 4 months ago he was done and wasn’t coming back. How fast can he make her leave

4 months nothing. He has been paying the house payment and she isn’t on the mortgage. How fast can he evict her. How can she protect t herself if he comes to the house and is being verbally abusive

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

He can't evict her. She needs to contact an attorney to discuss her options and next steps.

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1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: how can I file for emergency temporary custody to protect my children?
Homer P Jordan IV
Homer P Jordan IV answered on Sep 21, 2021

An attorney can help you right away with the process.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Define: "there shall be free and open communication and contact between both parents and the children at all times"

Decree says Under the parenting time arrangement. "there shall be free and open communication and contact between both parents and the children at all times" A separate "ordered and adjudged" paragraph requires us to discuss all major decisions & try our best to agree,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 9, 2021

You may want to consult with an attorney who can review your arrangement and provide you with guidance. There needs to be open communication, but that doesn’t mean you have to be texted non-stop with every little thing. Perhaps he is doing this because he knows it irritates you.

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Final Judgement and Decree differs from Child Support Addendum?

So I’ve been divorced for awhile now but I’m confused what to go off of. The child support addendum originally stated that I paid 50% up to $300 per child for homeschool, and I don’t have to repeat payment if my ex decided to hold them back a year. I didn’t know, but my ex marked all this... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

You should consult with an attorney who can read the documents and give you advice on what your obligation is. We can't give advice based on a description of documents. We have to see them.

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2 Answers | Asked in Divorce for Georgia on
Q: My husband filed a publication divorce even though we are still living in our marital home. He kicked me out.

He changed the locks. Is the legal

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

No, it isn't. You need to speak to an attorney immediately about your options and contesting the case.

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3 Answers | Asked in Divorce for Georgia on
Q: Can you provide a link to where I can read the current Georgia divorce law myself and do research? Is it part of OCGA?
Robbie Levin
Robbie Levin answered on Sep 5, 2021

Yes. OCGA Title 9, Chapter 5.

You can start with O.C.G.A 19-5-1, and go from there.

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

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1 Answer | Asked in Contracts, Divorce and Civil Rights for Georgia on
Q: Does a domestic partner have rights over a separated spouse if their name is on a mortgage title?

My domestic partner is a co-applicant on the mortgage loan

Homer P Jordan IV
Homer P Jordan IV answered on Sep 2, 2021

From what you wrote it sounds like the domestic partner’s name is on the title. Is that correct? If so, then they would have rights to the home. If you want clarification, consult with an attorney who can review the facts and provide you with guidance.

3 Answers | Asked in Divorce for Georgia on
Q: Ex broke 3 written agreement regarding parenting time and per the final order written agreements via email are

binding and contemptible. With that track record I said because he’s broken 3 written agreements that I can understand that we will also not keep a 4th agreement. The 4th agreement was made at his request and now demands I honor this request even though he did not keep the previous three. I could... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 2, 2021

If the "agreement" become a Court Order, you can file a contempt if it is not being followed, or has not been followed. It sounds like he is in contempt so seek the assistance of the Court. Don't wait for him to tell the Court you are in contempt before you tell the the Court he WAS... Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: I'm divorced and have custody of kids. Will sex with my ex affect my custody
Homer P Jordan IV
Homer P Jordan IV answered on Sep 1, 2021

If you are not sure if you will be violating anything and want clarification, consult with an attorney who can review your custody order and provide you with guidance.

2 Answers | Asked in Divorce for Georgia on
Q: Wife has been bullying and threatening me and horsing me into signing a private agreement for an alimony should I now

She said the amount herself at 3500 per month I have two children from another marriage which I pay child support on we have no joint community property together and no joint debt together she owns everything herself

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

No, you should not sign anything without speaking with an experienced family law attorney who can give you advice about alimony.

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Im trying to fill out a child support addendum and have some questions on filling this out.

Not sure on how to fill it out

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Unfortunately, this forum is not offered to prepare actual paperwork for cases. You will need to meet with an attorney regarding your questions about the addendum. Good luck!

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: He wants me out of the house we live in . Is there a legal way to stay

I am married we have been together for 28 years recently we are not getting along cause I cheated months ago

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

He cannot displace you while you remain married. If a divorce action is filed, the court will decide at that time what will happen with the property. You certainly should meet with competent divorce counsel. When you meet with the attorney, ask him/her to explain the term "condonation"... Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: What is O.C.G..A. Title 19-5-3 (13)

I have to answer this before the end of august

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

This is a Georgia state statute located in the Official Code of Georgia Annotated. This provision states the following

"(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service...
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