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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce, Business Law and Family Law for Georgia on
Q: If a LLC is created during a marriage, is that LLC considered a marital asset and value divided 50/50 between parties?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: For an uncontested divorce without children who is the one that actually files? I've been told he has to file. Why?

We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

It would probably be helpful if you hired an attorney, because the employees at the clerk's office are not suppose to give you legal advice. If it is a truly uncontested divorce where both spouses are going to sign the papers, you can file in your county. That is because your spouse is not... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am going through a divorce. Do I have to go back to my maiden name or can I chose a new last name once it’s final?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

You can keep your current name or have your maiden name restored. You will need to inform the Court which option you are choosing and I would advise you to hire an attorney to represent you in this divorce. If you want a name other than your maiden name, the Court is not going to change your name... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I was in Ohio, my wife asked me for divorce. I moved to my home in Georgia. Do I divorce in Ohio or divorce in georgia

Can I go back to Ohio or do I have to wait the six months and do it in Georgia?

T. Augustus Claus
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answered on Jan 18, 2024

When faced with a divorce situation where you and your wife are in different states, the choice of where to file for divorce can depend on residency requirements. Ohio generally requires a residency of at least six months before filing for divorce. If you have not met this residency requirement in... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I was in Ohio, my wife asked me for divorce. I moved to my home in Georgia. Do I divorce in Ohio or divorce in georgia

Can I go back to Ohio or do I have to wait the six months and do it in Georgia?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 23, 2024

Where you file will depend on where you are a resident and what type of divorce you are filing. Regardless of where you are a resident, if your divorce is contested, you should file where the defendant lives. If your divorce is uncontested, then you can file where you live and make sure... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I inherited a home and then got married. If I refinanced it in my is it considered marital property now?

The house is in mine and my dad's name and mine and my dad's name is on the refinance. Husband nowhere on it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If you ever get divorced, and your spouse asks for some equity out of the home, the Court will determine if he is owed anything and if so, what he is owed. And they may consider any money he has put into the home, any money he has paid on the home, whether joint funds contributed to the remodel or... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My wife won the lottery, has been seeing about her guy behind my back and is now taking kids out country what do I do ?

She kept the winning concealed from me and ran off with this guy she’s our me through hell the last several years causing me to lose everything and now has her friends gang stalking me on line

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to... View More

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1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Georgia on
Q: The title for my motorcycle is in my ex's name, divorce is not finalized, but she's canceled the registration. Options?!

I am currently separated from my spouse and we are un the middle of a divorce that doesn't look to end soon. During our we traded in my motorcycle for a newer one, and titled it in her name. This is my only means of transportation. She doesn't even have a motorcycle license. The bike is... View More

T. Augustus Claus
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answered on Jan 4, 2024

If the divorce is not yet finalized, you can address this issue during the divorce proceedings. You may want to consult with your divorce attorney to discuss the matter and potentially request the court to address the division of assets, including the motorcycle. The court can issue orders to... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband did not have all of my children present during my visitation time Is there anything I can do about this?

I do not have legal representation at this time

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If he is your husband, are you all going through a divorce, where you have court ordered visitation? Because if there is an order from the court giving you visitation, and he is violating any part of that order, then he is in contempt. If there is no order and this visitation is something you... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: i want to move my divorce from gwinnett to walton county ga
Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 15, 2023

The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

If you know that he's in MN and you have been in any contact with him, you can arrange a meeting and then have him served by private process server. If you are unable to arrange a meeting or obtain a location for service, you can attempt service by publication. There are steps you have to... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Martha Warriner Jarrett
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answered on Nov 17, 2023

Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

James L. Arrasmith
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answered on Nov 19, 2023

Considering your situation, it's important to approach this with a clear understanding of your options. Filing for bankruptcy might be a viable solution to manage your debt, but it's crucial to understand the implications, especially regarding your assets like your house and car.... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

In a divorce the court can determine on a temporary basis which party is responsible for what expenses until they can make a final determination. You would have to file for divorce, file a motion for temporary relief, and have a hearing. Then you can let the court know what household expenses... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

To file an uncontested divorce you will need to file a summons, petition for divorce, acknowledgment of service, consent to trial in 31 days and a marital settlement agreement. If there are children involved, you will also need to file a parenting plan, child support worksheet and child support... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

Understanding that you have no minor children, you will not need a parenting plan, child support worksheet, or child support addendum. If your county does not have forms online for an uncontested divorce, you can either go to the superior court in your county (because you file in superior court,... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

The answer is it depends. You can sign a settlement agreement, if you all agree, outlining which assets each party is being awarded and which debts each party is going to be responsible for, upon final judgment and decree of divorce. At that point any debts on credit cards, loans, or things he... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 10, 2023

Marital debt is divisible in a divorce. Once you know about the spending habits and you know debt is being incurred, you can't file for divorce 5 years later and wash your hands of it. If it is a big enough of a problem to end the marriage, then end the marriage. If not, then you are... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

T. Augustus Claus
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answered on Nov 7, 2023

Yes, you and your wife can file an uncontested divorce without minor children in Georgia, even if your children are not in your custody. This is because the focus of an uncontested divorce is on dissolving the marital relationship, not on child custody or support.

Unfortunately, due to the...
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