Lawyers, Answer Questions  & Get Points Log In
Georgia Divorce Questions & Answers
2 Answers | Asked in Divorce for Georgia on
Q: I live in GA. I want to file for divorce. My husband is an alcoholic and he abuses me emotionally and verbally

I cannot afford an attorney, we have a house and about $50,000 in debts. do I qualify for any kind of legal aid?

Homer P Jordan IV
Homer P Jordan IV answered on Sep 18, 2019

I'm sorry you are going through this. You have several options. Many attorneys accept credit card payments, which may help you be able to afford hiring one. Also, you can contact the Legal Aid office, and you can call the State Bar and ask if there are any pro bono attorneys in your area. -Homer... Read more »

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: Settlement has a waiver of alimony mods that references Varn vs. Varn. Ex wants to modify after 4 yrs. Can she do this?

I just made the last of the required 48 monthly payments. Divorce was in Paulding County, Georgia. All settlement provisions have been followed. Doesn't the specific waiver of alimony modification referencing Varn vs. Varn prevent her from going back to court for more payments? I gave hr 4... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 18, 2019

There is no way to answer this question without looking at the exact language in the settlement agreement. Consult with an attorney who can review the settlement agreement as well as the new complaint so they can give you advice.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: Which uncontested divorce form do i use if wifes minor children are from a previous relationship ?

Ive not adopted the kids or ever had any legal custody or guardianship of the children.

Regina Irene Edwards
Regina Irene Edwards answered on Sep 13, 2019

If her children were born prior to the marriage, and the two of you don't have any children together, then it is a divorce without children.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: My son and his wife are separated. She will not let me video chat or talk to them. Do I have any rights?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 6, 2019

No, you have no rights. Your son needs to assert his. He can allow you to talk to your grandchildren on his time.

View More Answers

1 Answer | Asked in Divorce and Immigration Law for Georgia on
Q: After filing for your case to be reopened, can you call for redrawal without your sponsors (spouse) concern?
Homer P Jordan IV
Homer P Jordan IV answered on Sep 3, 2019

I'm not sure your question here is clear, which is why you haven't gotten responses to it. You may want to re-post with clarity so that people can respond to the question. Thank you. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: In the state of Georgia, can a parent legally take their children and not allow other parent to know where they’re at?

No papers or anything have been filed. One parent has moved out leaving the stay at home mom and children home. The father says he can take the children where he wants and doesn’t have to tell the mom where they’ll be. Can a father do that? Or do they have to tell the location so the mother knows?

Homer P Jordan IV
Homer P Jordan IV answered on Aug 20, 2019

Are you still married, or have you divorced? It sounds as though you are still married. If that is the case, you both have equal rights at this point to take the children. It's not typically a wise thing to do, however. You should consult with an attorney right away who can review the facts of the... Read more »

1 Answer | Asked in Divorce and Energy, Oil and Gas for Georgia on
Q: Can I get fine for a cruelty to children-3rd degree for the first time, or can a be just dismissed

Or can I be charge with domestic violence and have to do some classes

Homer P Jordan IV
Homer P Jordan IV answered on Aug 19, 2019

Without knowing the facts of your case in detail it's difficult to provide you with an answer. You could consult with an attorney who can review the facts of your case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can a GAL restrict a boyfriend from seeing a girlfriend due to her child having outbursts

Gal has restricted us from seeing each other and requiring counseling for the child. The child is 9 and was having outbursts. Her dad got remarried after 5 weeks of seeing a woman and I started dating her mother a month after that. I don’t even have a speeding ticket on my record and have had... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 15, 2019

A GAL doesn't have the power to tell you what to do. However, they can make custody recommendations to the court. Your girlfriend risks losing custody if you ignore the recommendation. She can consult her attorney about what to do.

View More Answers

2 Answers | Asked in Divorce, Family Law and Small Claims for Georgia on
Q: What action can I take to get my cellphone back from my ex and compensation for the service plan as well

My wife left over a year ago. Shortly after I allowed her to use the phone and now she refuses to return it. I've paid a years worth of service and a monthly lease payment on the phone. It's a galaxy note 9 not a cheap phone.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 14, 2019

If you are still married, you have no recourse. The phone is marital property and she has every right to use it. She is not going to have to pay for the service, either. If you wish to end the marriage and separate finances, you need to file for divorce.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: Can I sell my house without my wife's consent if I only and on the mortgage?

I refinanced in 2013 for the second time and she asked to be not included on the mortgage. She is on the security deed but not the VA mortgage.

Homer P Jordan IV
Homer P Jordan IV answered on Aug 13, 2019

The house would likely be considered to be a marital asset. Are you going through a divorce? If so, a judge would look at all marital assets and make a determination as to who gets what. You may want to consult with an attorney who can review the facts of the case in detail and provide you with... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Q: Could VA disability be deducted if child support isn’t being paid?
Homer P Jordan IV
Homer P Jordan IV answered on Aug 12, 2019

There are some particular cases where they can garnish for child support payments, but it depends on the factors involved in the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

2 Answers | Asked in Divorce and Child Custody for Georgia on
Q: My daughter is 15 and lives in PA, she feels unsafe at her mom's. Her mom said she can leave. What happens if she does

Her mother has told her she can come live with me in GA on numerous occasions, but will not say that to me or provide it in writing. What can I legally do? What happens if my daughter comes here. My daughter has a history or suicide attempts. If she says she needs to leave, I can't ignore it

Regina Irene Edwards
Regina Irene Edwards answered on Aug 12, 2019

You need to consult with an attorney in Pennsylvania.

View More Answers

1 Answer | Asked in Divorce for Georgia on
Q: What documents will I need to prove my identity? Middle initial is different on SS card and license
Homer P Jordan IV
Homer P Jordan IV answered on Aug 8, 2019

Do you have a birth certificate with your full legal name? -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

2 Answers | Asked in Divorce for Georgia on
Q: My wife in the process of having GAL appointed, do to mental issues!

The only major decisions the judge have to make is the sell of the home and alimony. With the GAL can the judge stop me from not selling the home after the divorce or alimony for life.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 6, 2019

You have asked a specific question about a case in progress. No one is going to be able to give you specific advice about your case without reviewing the file and hearing from you. You should consult with an attorney about your case.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: My husband is trying to get alimony ..I barely make enough to cover the Bill's and he quit working 8 months ago...

He left almost a month ago ,took all of his personal items, all TVs and left me with the Bill's 2 months behind ...I barely make it now and he says his attorney says I will have to pay him alimony...is that possible?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 29, 2019

There are many factors that go into whether or not alimony should be paid at all, but alimony can't be awarded if there is no ability to pay. You need ton consult with an attorney who can review both parties' financial situation and give you specific advice.

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Do I have to take my children back to their mother even though we are still legally married?

Everytime my kids come over they tell me that they do not want to live with their mother anymore. I ask them why and they tell me that they are scared of her and her boyfriend. No divorce has been filed by her or I so do I still have every right she does?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 29, 2019

Both of you have equal rights. You need to consult with a family law attorney immediately about your situation. Trying to deny her access to the children almost always backfires.

View More Answers

3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My children no longer want to live with their mother and they express this everytime they come over.

Their mother and I are still legally married,we have not been together since 2010. My children are 11 and 10 years of age. They tell me that they are scared of their mother and her boyfriend and that her boyfriend bullies my son by punching him in the arm and chest and calls him a sissy and a... Read more »

Robbie Levin
Robbie Levin answered on Jul 27, 2019

I don’t see an actual question, but hire a lawyer and file for divorce. A lawyer can help you gain custody of your children.

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

View More Answers

2 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: Can a proposed consent order be changed by the opposing party after a final hearing was had for a divorce settlement?

The opposing counsel refuses to accept the counteroffer/proposed order defendant sent to them. He refused because the "language" is not written in legalese but their client has already agreed to the counteroffer. Is this considered unethical of the opposing attorney to deny an agreement his client... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 25, 2019

Without seeing the facts of this case, I would say that if a final hearing has take place then it is a settled case. However, the person may be able to file for a modification. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options.... Read more »

View More Answers

3 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: Is there a deadline for parties to submit a consent final order to the judge for approval in a divorce case?

Both parties are in agreement of the contents but opposing partys' attorney is not in agreement of how the agreement is written - says order text MUST match exact text from agreement given to the court - although the proposed order drafted by opposing attorney has been altered without consent.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 25, 2019

This is not a general question, but a very specific one that no one can answer on this forum. In general, the oral agreement should match the written agreement. Without proof of the oral agreement, you may have an issue. You need to consult with an attorney.

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can an attorney request that I sign a divorce settlement without a notary?

The attorney of my ex is asking me to sign the divorce settlement that is to be sent to a judge - without the presence of a notary. She says I can do that because she is also the notary that will be stamping our agreement. I have a major issue with this. ONE - how can she prove I even signed the... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2019

The point of a notary is to verify that the person purportedly signing actually did sign. Therefore, a proper notary signature includes in person signing and verifying the drivers licence. You should never sign a document and send it for notarization later. That is highly improper.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.