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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: In Mississippi when a couple divorces and the wife has was a stay at home mom married 32 years is disabled has home

Home is paid for husband retired and on disability what is wife entitled to?

Regina Irene Edwards
Regina Irene Edwards answered on Oct 21, 2020

You should ask this question in the Mississippi forum. But this is a specific question that would best be answered after having a consultation with a Mississippi attorney.

2 Answers | Asked in Divorce for Georgia on
Q: Service of RETD

I filed for divorce (prose) but they are unable to serve the papers to my ex. What should I do next?

Can I hire a private server? if so, how can I request that to court?

Regina Irene Edwards
Regina Irene Edwards answered on Oct 20, 2020

Some counties have permanently appointed process servers. Some require a motion. You should speak to an attorney in your area who can give you advice about your county.

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1 Answer | Asked in Divorce for Georgia on
Q: Where can I find a motion asking the courts to appoint a GAL for my child?
Homer P Jordan IV
Homer P Jordan IV answered on Oct 13, 2020

Duplicate question. If you have a pending case then you will file it there within the court. You may want to consult with an attorney for guidance and to ensure everything is handled correctly. -Homer P. Jordan IV, Esq. 404-620-1558

3 Answers | Asked in Divorce for Georgia on
Q: How can I get my car back? I am separated and my husband had my car repossessed. He has since gotten it back but won't

Let me have it. He has it blocked by another car so I can't get it. My son and I are without transportation. I have a TPO on him for domestic violence and I am trying to get divorced. The vehicle is not in my name but it was purchased for me and I have been the only one driving it.

Robbie Levin
Robbie Levin answered on Oct 12, 2020

It's difficult to tell from your question whether you've already filed for divorce. If you have filed already, you can set up a temporary hearing where the Judge can order him to return the vehicle to you. If you have not filed for divorce, you should go ahead and do so, and set the... Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: the court finds no community property other than personal effect has been accumulated by the parties?

My future ex-wife and myself are doing a online divorce since we have been apart since 2004 and this was on the final divorce paper. I raised all of our children myself with no help from her and all our property was divided back in 2004 so I want to make sure I dont have to divide everything I... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 12, 2020

Are you sure she is going to agree to not trying to obtain anything you have acquired since 2004? Doing an online divorce may not be the best route to take if there are any concerns about her trying to take assets. It’s a good idea to take the papers you have done online and have an attorney at... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: How do you serve a person out of state and you have no address for him but you have the address of a family member?

I am trying to file for divorce, I have his phone number and the address of his mother but he's not allowed around her and no other family members want to get involved

Regina Irene Edwards
Regina Irene Edwards answered on Oct 9, 2020

Hire a private investigator to find out where he is.

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2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: I am hiding from my ex & filing for divorce does he have to know where I live? I have threats from him, we have 1 child

he lives in another state and is willing to sign the papers for the divorce. But he doesn't know where we live and the last time we saw each other he tried to fight me in front of our child his mom and my other children. I have threatening text from before changing my numner

Regina Irene Edwards
Regina Irene Edwards answered on Oct 3, 2020

If he's willing to sign and doesn't care where you live and doesn't want to see his child, sure. Most likely he will want to see his child, and as co-parents, you both need to know where each other lives. If he's sent you threatening texts, that's not a good sign that... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: Requirements to get alimony and child support.

We got married while living in Tennessee. I was already living there and we married and he moved there. At this point I wasnt working because my doctors took me.out of work so I was applying for disability. He came and got a job and worked the entire time. We have a child that he doesn't help... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Sep 29, 2020

Possibly. We would need to evaluate both your financial need and his ability to pay to make a determination of eligibility for alimony. I would suggest scheduling a consultation with a family law attorney to discuss your options.

Atlanta Family Law Group

www.atlfamilylawgroup.com...
Read more »

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Me and my husband we both are non us citizen, we are actually from India and i want to file a divorce. We have a son

Divorce is due to domestic violence and he beats me infront of my son

My son screams still he dont stop

Robbie Levin
Robbie Levin answered on Sep 27, 2020

If he is physically assaulting you, then you need to call the police. You can also file for a protective order and a divorce petition.

You should probably get an attorney to assist you.

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

Robbie@LevinLawyerGa.com

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2 Answers | Asked in Divorce for Georgia on
Q: Q: Can a defendant file a countermotion against a judge's decision to award plaintiff's motion for attorney fees?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 23, 2020

You can't file a countermotion against any decision.

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3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My Wife is wanting to get full custody of her son from her Ex-husband. We can't afford a lawyer. Can it still be done?

Ex-husband has primary custody in a joint custody arrangement. He and the son live in Louisiana. She was to have sole custody before it was finalized. She let her son (5 or 6 at the time) spend a few months with Ex. He changed the papers and refused to bring son back because he didn't want to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 21, 2020

Winning a custody case like this is extremely difficult without an attorney. She needs to find one.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can i filled for divorce with a open Paternity/Legitimation case open?
Ellaretha Coleman
Ellaretha Coleman answered on Sep 18, 2020

Having a separate paternity/legitimation case open will not prohibit you from filing for divorce.

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1 Answer | Asked in Contracts, Criminal Law, Divorce and Legal Malpractice for Georgia on
Q: Is there an Law Firm that specializes in Void Judgement.??

I have a case that has many faces: active divorce Since 2016, proposed settlement presented July 8, 2016, final judgment on July 14, 2016, after mediation and consent order signed by judge Feb 9, 2016. My X bringing contempt charges for incurring debt on credit cards. It was mutual and nothing was... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2020

You may want to call the state bar to inquire about an attorney that would specialize in this type of case. They maybe able to refer you to someone. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Divorce for Georgia on
Q: I am a nurse, and have been married to a disabled veteran for 7 months. I quit my job to become my husband's sole care

taker. As time goes by, I have uncovered many lies, morally and financially, that I have been told. I am seeking a divorce. We have no children together. We live in a home that was purchased after we got married but, the home is in his name only. Since I am currently unemployed, I cannot afford an... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 16, 2020

You will not get alimony after a 7 month marriage to a disabled man.

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2 Answers | Asked in Divorce and Arbitration / Mediation Law for Georgia on
Q: I have been married for 34 yrs. My husband had a mistress for 30 of those yrs.do I stand to gain more?

yes my way of life was changed overnite when we separated. His way of control. Thinking I wld ask him back. Has caused me 3 yrs of therapy etc.

V. Joy Edwards
V. Joy Edwards answered on Sep 10, 2020

If the cause of the separation was adultery, we can ask for more than 50% of the assets. If you were/are dependent on him for income, then alimony etc. would definitely be a consideration. We can discuss your options and best course of action when we get more details. Please call the office -... Read more »

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3 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a judge in Ga honor any agreement my soon to be ex and I agreed on and write it out on the divorce paper?

My soon to be ex agrees to pay more amount of child support than what Ga child support calculator indicates and longer terms (beyond age 18 of our children) in exchange of splitting his retirement pension. My question is can judge honor what we agreed on the child support terms and make it final on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Sep 9, 2020

You need to consult with a lawyer to discuss the terms of your agreement and whether they are in line with Georgia law. If they are not, you could risk giving up rights that you would otherwise be entitled to.

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3 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband and I divorced 10 years ago in the divorce decree we both kept our own IRA’s

He never changed me as the beneficiary am I legally able to collect?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 4, 2020

No.

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1 Answer | Asked in Divorce for Georgia on
Q: Legal help low income for divorce with spouse in jail different state?

I am trying to get a divorce I live in Georgia on a very low income Georgia legal aid can't help me because the spouse in different state in jail in Florida and he would have to sign a waiver of venue jurisdiction .would he have to do that if I can prove that he abandoned me ,was very abusive... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Aug 31, 2020

You may want to call the state bar to inquire about pro bono attorneys in your area. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: I have 4 children and my husband is filing for divorce. have not worked in 2-3 yrs. How can I calculate child support?

Have heard I cannot receive anymore than 50 percent of his income in GA. Is this true?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 26, 2020

No, that's not true. You also may be eligible for child support. You should contact an attorney immediately so they can advise you about your particular situation.

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2 Answers | Asked in Domestic Violence and Divorce for Georgia on
Q: Hello. Can I evict my husband if he abandoned us? And there are charges for abuse. Case in Ga

We were going through a divorce that got dismissed. He left again. Hasn't paid child support. House is in my name only. He has been gone this time almost 2 months. He still has stuff at the house. Very little communication.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2020

You need to file for divorce and ask for the house in the divorce.

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