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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce, Child Support and Arbitration / Mediation Law for Georgia on
Q: Can an addendum be filed without a signature in a GA divorce?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: Can a father change the agreed visitation location without consent?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Divorce asset and debt division involving home and credit card debts in Georgia.

I am going through a divorce and need help understanding how our assets and debts might be divided. We have a home valued at $250K with an outstanding mortgage, and my spouse has a $20K credit card debt that I have never used. Additionally, there is a $7K debt on a credit card in my name, which he... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

No one can tell you how the assets and debts will be distributed because that depends on a lot of factors and information we do not have here. If neither party wants the home the court will order that the house will be sold. Any liens and outstanding mortgage will then be paid by the proceeds of... View More

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2 Answers | Asked in Family Law, Criminal Law and Divorce for Georgia on
Q: What needs to be done to ensure I get the marital home in the divorce after husbands infidelity?

I am still in love with my husband but his infidelity has caused us to move forward in separation and divorce, his mistress have been recording mine and my husbands conversations and she is helping him to build a case against me. There is nothing that I did to end this marriage except for not... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

Before a court will award you the marital residence they will consider if you can afford the mortgage, if there is a mortgage or a loan on the home, and if there is no mortgage, they will consider all relevant factors to determine whether to award you the residence, including the length of the... View More

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2 Answers | Asked in Divorce for Georgia on
Q: How can I file for child support without an addendum now that my ex husband does not agree with the amount on worksheet

We agreed on $250 per month which unfortunately he only paid once since our separation and before the worksheet was completed. the worksheet states $508 monthly by his gross income. He does not agree with that so refuses to sign the parenting plan, motion for judgment and the child support... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

I'm unsure what you are actually doing because you're talking about filing for child support but you submitted this question under divorce. If you are actually getting a divorce, then child support will be finalized in your divorce. You could also ask for child support on a temporary... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: We have two pieces of property, one in my name and one in me and my husbands name. I'm trying to get away from him.

I don't want him trying to move in with me or coming down there to harass me and my son. I don't want him coming into the house or coming down to the house to harass me constantly. The properties were attained after marriage.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

The only way you can keep someone away from property that the court may consider to be marital property is if the court gives you an order giving you exclusive use and possession of the home or if you obtain a restraining order. And the only way for you to get that order giving you possession of... View More

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is not wanting to divorce your spouse a reason for a contestant divorce?

My ex and I have been apart for fourteen years. We just haven’t divorced yet. I have the paperwork to file for divorce myself as a non-contestant divorce with no minor children. The problem is that I can’t get him to meet me and sign them to get them notarized. I didn’t want to pay thousands... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

Nothing. If someone refuses to sign the proper documents then you cannot file an uncontested divorce. You then have a contested divorce. You cannot force your spouse to sign papers they refuse to sign. So you would then file the proper pleadings, and have your spouse legally served. Your... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: In the state of Georgia, do both parties have to agree to a child support addendum during a divorce? I never agreed

To any of the child support addendum. My ex husband has put false info and it has been approved without my permission.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

Child support addendums don't simply get approved, unless you came to an agreement. Otherwise, at trial, both parties would submit to the court a proposed child support worksheet, addendum, and evidence, and the court would decide what amount to order and what to put in the final order. If... View More

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2 Answers | Asked in Divorce for Georgia on
Q: In Georgia what percentage of the equity in a home has to be paid to the spouse?

We are only worried about the home equity everything else has been negotiated.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

There is no law that determines what, if any equity needs to be paid to a spouse in a divorce. If a spouse asks for equity in their pleadings, then they will need to present evidence and testimony to the Court, and the judge will make a decision. That is, if the parties do not come to an... View More

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2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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3 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.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

The short answer is you cannot remove her from the marital residence without an order of the court. Please do not attempt to force her to leave the home. You have to petition the court for exclusive use and possession of the marital residence and they have to award that to you. They will then... View More

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3 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 ?

James Clifton
PREMIUM
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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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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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
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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 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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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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