Get free answers to your Divorce legal questions from lawyers in your area.
I am considering a divorce but have not filed yet, and my spouse, who is the sole person on the mortgage and deed, is in the process of refinancing our house. I am worried as I can't afford the payments on a newly financed mortgage. Is there a way for me to stop this refinancing process before... View More 
answered on May 15, 2025
If you are not on the loan or deed of the house, I am not sure of a way that you could stop her since your signature is not required to refinance. One you file for divorce, Georgia's "Standing Order" states that you cannot sell marital assets, but I am not sure if that would apply to... View More
I am considering a divorce but have not filed yet, and my spouse, who is the sole person on the mortgage and deed, is in the process of refinancing our house. I am worried as I can't afford the payments on a newly financed mortgage. Is there a way for me to stop this refinancing process before... View More
answered on May 26, 2025
The only way to attempt to stop your spouse from refinancing is to file for divorce. Then request a temporary hearing to address any temporary matters, where you can discuss the house, which I assume was the marital residence, even if your name isn't on the mortgage. But without filing for... View More
My husband of five years has decided to leave me and our two kids. I've recently started a job less than a year ago. There is no court order for financial support, but my husband agreed to help with the bills at our apartment for four months, after which he'll stop. Both our names are on... View More
answered on May 11, 2025
You will want to request a temporary hearing for child support and alimony (if granted). This will ensure he is ordered to continue payments as the divorce process begins if you plan to go that route.
My husband of five years has decided to leave me and our two kids. I've recently started a job less than a year ago. There is no court order for financial support, but my husband agreed to help with the bills at our apartment for four months, after which he'll stop. Both our names are on... View More
answered on May 26, 2025
The only way you can make your spouse pay any of your household expenses or any expenses for that matter is for you to obtain a court order. In order to obtain that order you have to file for divorce and have your spouse properly served. Then you can ask the court to hear any temporary matters... View More
I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More
answered on Apr 21, 2025
You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More
In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?
answered on Apr 21, 2025
There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More
I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More
answered on Apr 16, 2025
The time to address the home and any other real or personal property was during your divorce. If the house, your contributions, and ownership was not addressed in the divorce, you have likely lost your right to ask for anything at this point, as your divorce was finalized 8 years ago.
I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More
answered on Apr 16, 2025
A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More
I'm seeking guidance on filing for a divorce. We have been married for six years and share three children. My spouse and I both agree on getting a divorce, and there are no assets to split. We haven't started any legal proceedings yet, and I'm not looking for a specific custody... View More
answered on Apr 16, 2025
You should hire an attorney to file for divorce. Either you and your spouse will have to come to an agreement on custody, visitation, child support, & the distribution of assets and debts, or you will have to have a trial.
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More
answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.
answered on Apr 16, 2025
I would advise you to hire an attorney to represent you. But if you choose to represent yourself, then you will need to file a complaint for divorce and have your spouse served. There is a process for perfecting proper service on someone who is incarcerated.
I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.
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answered on Apr 9, 2025
This is a very easy and inexpensive case for an attorney to handle. The case will be filed in your home county and he will be served in prison. If he does not file a response, a final hearing is scheduled and the divorce granted.
My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More
answered on Apr 16, 2025
One spouse cannot have another spouse removed from what has been the marital property. Your husband cannot make you leave, even if it's his grandmothers property. She can go through the proper process of evicting you.
I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More
answered on Apr 16, 2025
I would not sell any real or personal property that was purchased during the marriage prior to filing for divorce or after filing. Anything purchased during the marriage, regardless of who's name it is in, is considered marital property, and your spouse could be entitled to some portion of... View More
I have a divorce decree that states I must move out of our marital residence while my ex-wife is responsible for preparing the house to be listed by March 31, 2025. However, she has not made the house ready for sale despite having eight months, and I am still paying 2/3 of the mortgage without... View More
answered on Apr 16, 2025
If you had a lawyer during your divorce you should speak to your lawyer. If you did not have a lawyer, then you will need to first review your divorce papers and see if any deadlines were put in place for your spouse and when to do things. If there were not any concrete deadlines, you can still... View More
I'm going through a divorce initiated by my wife, and I currently don't have an attorney due to financial constraints. My wife's lawyer emailed me on Friday stating that they are submitting a request for me to pay $25,000 in legal fees to the court. I have not yet received any... View More
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answered on Mar 23, 2025
First, you should make sure all of your contact information is correctly on file with the court. Second, you should ask them the reason they are requesting attorney fees. There are different legal arguments to be made to obtain attorney fees in a divorce therefore the reason is very important to... View More
I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family... View More
answered on Apr 16, 2025
I'm confused when you say he did not respond to the summons. If there is a court date then he should appear in court. But there should be no summons for him to respond too if the divorce is uncontested. When a divorce is uncontested the parties have signed all of the necessary paperwork and... View More
I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family... View More
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answered on Mar 21, 2025
If you are both pro se (meaning that neither of you have a lawyer, but represent yourself) the court will likely reach out to you to schedule a hearing. If you hire a qualified family law attorney, they can file paperwork to get a hearing set for you and review your paperwork to ensure that... View More
I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More
answered on Mar 3, 2025
If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More
I'm dealing with a situation where the father, who has 50/50 shared custody, is trying to change the location of the supervised visitation, which was previously agreed upon in the divorce decree and approved by the judge. The visits were supposed to take place at a local counseling center, but... View More
answered on Mar 3, 2025
It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the... View More
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