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Georgia Family Law Questions & Answers
2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife and I are getting a divorce. How do I get her to move out of my house?

The house belongs to me and was acquired long before she and I met. We have been married for two years, no children, no marital assets.

Mr. John F Geraghty Jr.
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Mr. John F Geraghty Jr.
answered on Dec 6, 2024

You cannot remove her from the marital home unless and until you go before a Judge and an Order is signed giving you exclusive possession of the marital property. Of course if there is any domestic violence then the victim can ask for a TPO Temporary Protective Order to remove the alleged offender... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

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

Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

James Clifton
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James Clifton
answered on Nov 19, 2024

You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More

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1 Answer | Asked in Family Law, Adoption and Child Support for Georgia on
Q: Can my parents take my stuff i buy with my own money i worked for-My dad threatened me with a knife n beats me wi paddle

I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More

Kedra M. Gotel
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answered on Nov 16, 2024

I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Kedra M. Gotel
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answered on Nov 16, 2024

A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do i fill out the papers for a child support modification

hello I am trying to get a child support modification it has been one year only . The reason i need a modification is because the ncp did not get in insurance so i have it and the child was not in daycare at the time but now is . All these thing are new since the last child support order 10/2023.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Hire an attorney. It appears you didn't have an attorney the last time, which is part of the problem. Because there are steps an attorney can take to obtain the property documents to discovery the non-custodial parents actual income. It is best to hire an attorney who can draft the proper... View More

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Took paternity test now I have court for initial periodic review. Does that mean I’m the father?
Kedra M. Gotel
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answered on Nov 16, 2024

A genetic test/DNA test/paternity test are all terms used to connote when males are seeking to determine the blood relationship between themselves and a child. After you submit to the test which should be conducted by a qualified immunologist, you will receive the results.

A periodic...
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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am contemplating leaving my husband. Is there a basic beginning to starting this process?
Regina Irene Edwards
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answered on Nov 12, 2024

You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:

1. Organize Your Financial Documents

List Your Assets and Debts: It’s important to have a comprehensive list of your...
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1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
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James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

1 Answer | Asked in Family Law and Divorce for Georgia on
Q: Question as to how to go about registering a vehicle in Georgia to an ax spouse solely?

My wife and I recently divorced and we have a loan on a Hyundai Santa Fe. I am first on the loan and she is a co-borrower. According to the court documents, she has all rights to the vehicle and it’s in her possession and the loan itself is addressed to her address in northern Georgia. She lives... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can I block my ex husband - father of 2 that are over 21 and one that’s 16? None want contact and blocked him themselves

It’s been nonstop for about 10 yrs nasty and vile texts he sends me and I have had enough. Long history of drug use and reason divorced him. He’s not had a job since before divorce and barely paid any child support. Currently owes me well over 40K. I use to beg him for support financially and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The only visitation and contact the father should have is what is in any order he has been given. If there's no order, giving him any access to your minor child, then you don't have to voluntarily give him any. But if there is an order that allows the father to contact the 16 year old,... View More

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Support for Georgia on
Q: Questions about an arbitrator's authority and abilities in Ga.

My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am disabled broke no income . Husband divorcing me took everything including house how do I get a pro bono lawyer

In desperate need. Husband is ruthless alcoholic changed locks on my house that I built holding all of my belongings hostage he has a lawyer and they're trying to put me in the streets

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

You can obtain an attorney in a criminal matter through the public defenders office if you cannot afford one. If you have a domestic matter you cannot obtain a court appointed attorney. And there are no "pro bono lawyers." Attorneys may do a certain amount of pro bono work. But the... View More

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1 Answer | Asked in Family Law for Georgia on
Q: I don't have an id and can't get one right now but want a paternity test done on my son how do I do this
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

I'm not sure what one thing has to do with the other but without the custodial parents consent you will need a court order to get a paternity test. If you take the mother to court to assert your parental rights, the court can order a paternity test. Speak directly with an attorney to... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: OP making it hard for me to work evenings at my job. OP started calling between 20-33 times a month for 2 years now.

The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More

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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: What type of lawyer would o need in a criminal/domestic with kids involved?

My wife and I had a domestic dispute unfortunately in front of the children. My wife has a criminal defense attorney but I feel as I may need representation because of the circumstances what should I do?

Glenn T. Stern
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answered on Sep 26, 2024

You would probably also want to consult with a criminal defense attorney. Not only would one best understand the ins and outs of the case your wife is a defendant in, but would also be able to look out for your own personal interests in a way that her attorney would/could not. For example, if you... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?

My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More

Glenn T. Stern
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answered on Sep 26, 2024

Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: If a defend is on a no contact order and breaks that no contact order will the vic also be charged w/stalking?

Will a warrant also be issued for the victim for an aggravated stalking charge?

Glenn T. Stern
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answered on Sep 26, 2024

No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More

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