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Georgia Divorce Questions & Answers
3 Answers | Asked in Divorce for Georgia on
Q: My husbands in the air force, and after 4 years and me trying to get him to go to marriage counseling. He wants a

Divorce. We have one kid together. Its deffinately over, but should I wait and let him file or should I file first? And what exactly happens if we were to have only one lawyer for the two of us?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 3, 2020

Unless your divorce is uncontested, both of you will need an attorney. For a divorce to be uncontested, you must agree on all aspects of the divorce, custody, support, and division of assets/debts. There’s no legal significance regarding who fileS first. However, the petitioner is on offense... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: I had my house before my husband and I were married. He now wants me to sell and us divorce. Do I have to?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2020

That will depend on a number of factors. If the home is considered a marital asset, it would be subject to equitable division. There are not enough facts in your inquiry to determine whether the home would be considered marital. You should consult with a divorce attorney to explore your options.... Read more »

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3 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Georgia on
Q: Mywife agreedyears agoandinApril 2019 tohaveourlocations tracked, phone calls recorded.Its discussedoften ntext.nowdeny

It is discussed multiple times since 2013-2014. Close to Christmas time she tells me via text: “GO check the tape if you dont believe me”. I go back to her numerous times over the next several days-week, asking her if that is really what she wants me to do. I remind her, just a few months... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 22, 2020

She doesn't have to leave the house just because you ask her to. If you want a divorce, consult with a divorce attorney about your options.

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

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Divorce for Georgia on
Q: I have been married for a year and a half and separated for 9 months. How much is it just a simple divorce?

We have nothing together so it’s would just be basic.

Samantha A Holloway
Samantha A Holloway answered on Mar 20, 2020

You will need to consult with an attorney to determine their individual pricing. For my office, the cost of our services are determined by the extent of property and debts and whether the parties have children together. Hope this helps.

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2 Answers | Asked in Divorce for Georgia on
Q: The fee is $250 for mediation, what happens if I don’t pay my half

Apparently the fee for mediation is $250 and we are supposed to split it but I think that’s ridiculous since I didn’t ask for mediation, what happens if I refuse to pay my half? And if they don’t do it because of that reason what will happen next?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 17, 2020

You can be held in contempt by the judge if the mediation is court ordered.

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2 Answers | Asked in Divorce for Georgia on
Q: What should I ask for at my divorce mediation/what happens if I don’t show up

I completely left my life in Colorado to pcs with my husband and he cheated within the first month of our marriage(I don’t have physical proof because he destroyed the phone I had it on) he physically and emotionally hurt me. He’s currently being investigated by CID (he’s in the army) for... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 16, 2020

We can not tell you what you should be asking for during your mediation without having all of the facts of your case. If you can not afford to hire an attorney for full representation, you should at least consider consulting with one to discuss your options.

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2 Answers | Asked in Divorce for Georgia on
Q: I have a mediation coming up (for my divorce) but I honestly don’t really know what that means & I can’t afford a lawyer

My husband is in the army, stationed in fort benning, I am a stay at home mom and only have spousal support coming in and I don’t know what to do about this mediation. Again I’m not really sure what it means and what I need to be doing. I also live in TX now and he is in GA.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 16, 2020

A mediation is an alternative dispute resolution method. There will be a third party mediator present to assist you and your husband on attempting to come to an agreement on the terms of the divorce. The mediator will listen to both of your proposals on how you want to resolve the case and then... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: My husband and I are separated if he switches jobs does he still have to provide me with health insurance?

We are still married

Ellaretha Coleman
Ellaretha Coleman answered on Mar 14, 2020

If there is no divorce filed, there is no ongoing obligation to continue to provide you with health insurance.

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3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: can i terminate biological mothers rights that has been gone and out of the picture for 15 months and get divorced
Ellaretha Coleman
Ellaretha Coleman answered on Mar 11, 2020

Whether a termination of rights is appropriate is extremely fact specific. The simple fact that she has not been involved for 15 months alone is typically not going to be enough to move forward on a termination of her parental rights. However, that may give rise to a claim for sole legal and... Read more »

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: What do I do in this situation.

My divorce case was settled months ago and the other party was ordered to pay my legal fees “directly to the firm” not through me for reimbursement. The other party refuses to pay and will not tell me their new address. I am being billed over $500 and counting just for the firm communicating... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 10, 2020

Your retainer agreement likely still holds you responsible for the billing even though there is an order for the other party to pay. This is pretty common to protect the firm in the case where, like here, the other party is refusing to abide by the order.

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2 Answers | Asked in Civil Litigation and Divorce for Georgia on
Q: Is there case law that states a parent has to let the child(ren) participate in extracurricular activities during visiti

My ex never lived in state and never made decisions. Now he’s refusing to take our children to their activities during his time and it’s showing then they don’t have to honor commitments or follow through with responsibilities.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 9, 2020

That will depend on the language of the parenting plan. You should have your final order reviewed by an attorney to discuss your options.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: What methods does Georgia provide for enforcement of alimony and child support orders? What is the state statute?
Terri Herron
Terri Herron answered on Mar 7, 2020

If your ex spouse isn’t paying child support and alimony, we can file a contempt action and ask for an Income Deduction Order.

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2 Answers | Asked in Divorce for Georgia on
Q: husband is georgia resident; wife is permanent resident - born Uzbekistan location unknown for 10 years;

Married in Uzbekistan. separated for 10 years and wife's whereabouts are unknown. Marriage license is lost. How do you get a divorce under those circumstances?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2020

You may qualify for a divorce by publication. You should consult with a experienced divorce firm to explore your options.

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2 Answers | Asked in Divorce for Georgia on
Q: Applied in cook but married in colquitt is our marriage legal? She wants a divorce.
Homer P Jordan IV
Homer P Jordan IV answered on Mar 6, 2020

We would need to know more about the facts of your case to provide you with guidance. However, if you are married and want a divorce you can receive one. You should consult with an attorney who can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Divorce for Georgia on
Q: Regarding property division, is Georgia a common-law property state or community-property state?
Robbie Levin
Robbie Levin answered on Mar 2, 2020

Georgia is an "equitable distribution state" which means that all marital property acquired during the marriage is subject to division.

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

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4 Answers | Asked in Divorce for Georgia on
Q: Is adultery still illegal in the year of 2020
Ellaretha Coleman
Ellaretha Coleman answered on Feb 28, 2020

It's still on the books, but no one is prosecuting for adultery. However, depending on the issues of divorce, proven adultery can be used against a party in a divorce case.

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2 Answers | Asked in Divorce for Georgia on
Q: Recently divorced judge ordered ex responsible for credit card how do I remove my name on account.

Credit card company with not take me off the account because he can't hold the account on just his credit. He refuses to close the account so I am no longer linked to it. The balance is zero at this moment

Ellaretha Coleman
Ellaretha Coleman answered on Feb 27, 2020

Unfortunately the credit card company does not have to honor the language in the divorce decree. You should have the order reviewed by an attorney for specific advice on what remedies you may have based on the language in the decree.

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3 Answers | Asked in Divorce for Georgia on
Q: I am breaking up with my longtime BF. He makes far more money than I do, we have lived together for over 2 years in GA.

I have helped with financial decisions home improvement and paying bills. Am I entitled to a settlement?

Ellaretha Coleman
Ellaretha Coleman answered on Feb 26, 2020

Not likely. Unless your name is on the property, your voluntary payments toward bills and improvement outside of a marriage will not entitle you to any ownership interest in the property.

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4 Answers | Asked in Divorce, Federal Crimes and Tax Law for Georgia on
Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

David Ostrove
David Ostrove answered on Feb 24, 2020

If you provide over half of the child support and you have written proof of same, and you are the parent then you may claim on your income tax return, but, if you are audited you have to prove it. Save all checks, written receipts, and all other written evidence.;attach a statement to your return... Read more »

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