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Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce for Georgia on
Q: My husband is deceased we divorced after nine and a half years live together for 15 am I eligible for survivor spouse
Homer P Jordan IV
Homer P Jordan IV answered on Feb 20, 2020

I’m sorry about your husband’s passing. We would need more details in order to provide you with answers. It’s not clear if you were married or divorced at the time of his death. It sounds as though you had previously divorced. You may want to consult with an attorney who can review the facts... Read more »

2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Is a spousal/child support agreement that was done in court recognized if the order was never signed by a judge?

Temporary order was in place and agreement was made a year later but never typed up and submitted to judge for signature

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 18, 2020

It must be signed by a judge to be an official court order. It may be best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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3 Answers | Asked in Divorce for Georgia on
Q: Can i make my abusive husband leave our home. Untill divorce is settled. If i have no income and no where to go

We been married91/2 years and its been an abusive situation for at least half of that he and i bought and rebuilt this home together but only his name is on it

Ellaretha Coleman
Ellaretha Coleman answered on Feb 18, 2020

You can ask the court for exclusive use and possession of the home on a temporary basis in the divorce action. You may also be entitled to support. You should discuss your specific situation with a divorce attorney to determine your options.

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2 Answers | Asked in Divorce for Georgia on
Q: What forms Union County, Georgia requires for a non-contested divorce, no children, no assets, and cooperative spouse?
Ellaretha Coleman
Ellaretha Coleman answered on Feb 14, 2020

You will need to file the petition for divorce, verification, acknowledgment of service, settlement agreement, proposed divorce decree and a consent to try in 30 days to avoid any delays in issuance of the divorce decree.

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2 Answers | Asked in Divorce for Georgia on
Q: So once I put the publication in the paper can I then ask the judge to finalize my divorce?
Homer P Jordan IV
Homer P Jordan IV answered on Feb 12, 2020

Once you do that you will need to take steps to move things along as much as you are able to. You should consult with an attorney who can help you with the process. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Divorce for Georgia on
Q: Is there a income guideline to qualify for Legal Aid?

I want to file for a divorce, but I can't afford the retainer fee or any other fees.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 12, 2020

These are county by county guidelines. You will have to apply at your specific local legal aid office to determine your eligibility for services.

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2 Answers | Asked in Divorce for Georgia on
Q: How long does it take for a divorce to be final after a order of publication?

I fild for a divorce from my husband but I didnt know where he resides so I requested to divorce with publication in the news paper. After the publication in the newspaper how long before my divorce is final?

Regina Irene Edwards
Regina Irene Edwards answered on Feb 12, 2020

That depends. You have to contact the judge the case is assigned to in order to finalize the case.

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

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: Is property acquired by right of survivorship considered marital property
Samantha A Holloway
Samantha A Holloway answered on Feb 11, 2020

It depends. A judge will look at how/when a property is acquired to determine If it is marital property. However certain actions taken after the property is acquired can make the property, or a portion of its value, into marital property. You should consult with a lawyer.

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3 Answers | Asked in Divorce for Georgia on
Q: How to locate the defendant in a divorce case when they have been separated since Sept 2015?

The parties have no minor children. Their last address before separation was 705 First Ave, Conyers, Ga 30012. The defendant, Patricia Ann Davis, DOB 9/5/??, approximate current age 65. Date of separation around 9/1/2015.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 11, 2020

There are a number of ways to locate a party. This can be done through skip tracing or using a private investigator. However, depending on the issues to be determined in the divorce, a divorce by publication may be available. A divorce by publication does not require personal service on the... Read more »

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3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Can a father get primary joint custody if he was not primary on medical insurance and works out of town?
Ellaretha Coleman
Ellaretha Coleman answered on Feb 9, 2020

That will depend on the totality of the circumstances. The court will consider several factors in determining the best interest of the child to assign a primary physical custodian. Contested custody cases are complex matters. You should speak with a family law firm to discuss the specific facts... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: Once a spouse has been served can the other spouse counter sue plaintiff.
Ellaretha Coleman
Ellaretha Coleman answered on Feb 8, 2020

The respondent in a divorce can counterclaim for divorce.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What is the Georgia state statute on when alimony is awarded? Is it always for an indefinite period?
Regina Irene Edwards
Regina Irene Edwards answered on Feb 8, 2020

Universal Citation: GA Code § 19-6-5 (2018)

(a) The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:

(1) The standard of...
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1 Answer | Asked in Divorce for Georgia on
Q: My husband took my cell phone. He bought as a gift he doesn’t pay the bill I do... can he legally take
Homer P Jordan IV
Homer P Jordan IV answered on Feb 7, 2020

Just going off of what you have said here it does not seem like he can take it back. If the phone is in his name then he may be able to do so. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Divorce for Georgia on
Q: Do I file affidavit of due diligence-service by publication at the same time as Divorce papers

Spouse was deported

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

Yes, you can file them at the same time. You may want to consult with an attorney just to ensure everything is handled properly. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Divorce for Georgia on
Q: When I file divorce papers do I file the service by publication and the affidavit of due diligence at the same time

Husband was deported and can not locate him

Ellaretha Coleman
Ellaretha Coleman answered on Jan 30, 2020

Yes, you can file these documents at the same time. However, you will need to obtain an order of publication to perfect service through publication.

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My wife left Aug26/19 took our son to Florida now SC won’t let me see him blocks me I want to work it out what to do

I want to work it out but she says no if I talk about it she blocks me as punishment saying I’m harassing her she says I’m emotionally abusive but I want to be around my son but I don’t want a divorce cause it goes against my religious beliefs it does what can I do to see my son without a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 27, 2020

Unless you are willing to file for divorce or separation, there isn't anything legally anyone can do to help you resolve parenting time disputes.

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

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3 Answers | Asked in Divorce for Georgia on
Q: Our friend bought my husband a house during our marriage, can i get the property when i file for divorce for adultery.

My husband friend has a notarized letter saying that if my husband cannot make payments then the house will be return to the friend. Also the house is in my husband name. I did not sign any papers.

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

It's impossible to answer without more information. It depends on whether on whose name the house is titled in. You should consult with an attorney about your specific case.

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

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3 Answers | Asked in Divorce for Georgia on
Q: So I got a divorce and he was ordered to pay my legal fees, which he isnt, now my lawyer is trying to make me pay

What do I do? The judge ordered him to pay an exact amount of my attorney fees and I paid the rest. Now he isnt paying and my attorney is trying to make me pay saying that he isnt so now I have to. Even though he signed an agreement and so did a judge. The case has been closed for over a month.

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

You will always be responsible for the attorneys fees to your lawyer. When he pays, you should get reimbursed. If he is in contempt, you can always file for contempt.

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

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2 Answers | Asked in Divorce for Georgia on
Q: To be difficult, my wife will not sign a settlement agreement so we can divorce. How can I circumvent this?

We live in Walton County, GA. She agrees to everything but she won't sign. How can I get around this so I can divorce her. She is hinting that she wants the marriage to last 5 years so she can get alimony. We have no kids. She can have all the property. I just want out. I am doing this pro se.

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

You can ask for a hearing and the judge will finalize the divorce. You don't have to keep waiting for her to agree.

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

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2 Answers | Asked in Divorce and Child Support for Georgia on
Q: old l

If a husband deserts a wife 10 years ago and hides in Louisianabut came from ga if she finally finds him can she still get alimony and child support?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 18, 2020

Possibly. Consult with an attorney about your specific circumstances.

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

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