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Georgia Divorce Questions & Answers
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.

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 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, 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
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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
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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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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Married for 20 years name not on mortgage or title should I add before I get divorced or can a mediator take care of it?

I'm going to keep the house and she wants to leave( she is already approved for another town house) what do I need to do and also to keep mortgage the same when she leaves divorce final?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

Hire an attorney to represent you. Mediators don't write agreements or orders. If you attend mediation then you can reduce to writing what you all agree with. Otherwise, an attorney can draft paperwork with what the parties agree too and if there is anything the parties do not agree too,... View More

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2 Answers | Asked in Divorce for Georgia on
Q: My wife wants a divorce and wants half the house I am disabled and I can not work I want full custody of the house
Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 9, 2024

Custody pertains to children in a divorce. If you want to be awarded your current residence in your divorce you would have to petition the court for that and other relief. Also, you would have to be able to afford any current mortgage on said residence, unless it is fully paid for at that time.... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How does a divorce work in Ga while I am a housewife with no access to money..Everything is in my husbands name.

We have been married for 20 years and we chose for me to a be stay at home mom..We have successfully raised two adult children…We have a 7 year little girl now. As of today, I feel he is having an affair and getting ready to ask for divorce..I need to get information of my rights and get my self... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If you have no access to bank accounts and cash, I would use credit cards, borrow money from family & friends, or whatever you have to do, to hire an attorney. Once you use those funds to retain an attorney, that attorney can seek funds from the court on a temporary basis to pay your... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Amending divorce decree.I am disabled and husband lied,hid assets,and left me homeless

I have evidence of my husband’s hiding assets,prolonged lying to me about divorce agreement when he planned all along to go to a court date i knew nothing of and obtained a divorce bc of my absence so to avoid financial obligations to me.I’ve suffered extensive hardships,homeless living in my... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

I think the issue you will have is during the divorce proceeding you had the opportunity to engage in the discovery process, which would have allowed you to determine what assets, income, debts, etc. through the form of depositions, interrogatories, admissions and a request for production of... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is it a reasonable request to ask to reduce the amount I'll owe my husband by 15k?

My net worth is 55k more than my husband's and I'll be losing my health insurance in the divorce. How can I request that we reduce the cost by 15k?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

I would suggest you hire an attorney. Because your question, "How can I request that we reduce the cost by 15k?" does not make sense. The Court does not reduce your net worth because you will be losing health insurance. And I'm not sure how your net worth factors into your divorce... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My wife is wanting a divorce and we purchased a 80.000 dollar mobile home and now she wants me out

We have been married almost 10 years

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

During a divorce proceeding if the parties cannot agree, the court will distribute all assets that they deem to be marital property, and will let the parties know anything that can be considered separate property. But you will have to file for divorce in order for the court to decide who gets what... View More

2 Answers | Asked in Contracts, Family Law, Civil Rights, Juvenile Law and Divorce for Georgia on
Q: If I have stuff in my husband's storage who I am separated from and he changed the code, how can I get my stuff?

My son has valuables in his dad's storage that he has a key to. But my husband changed the code so we couldn't get in. What can we possibly do to get his stuff?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If the owner will not give you access to the area then you will need a court order to obtain your belongings. Which means when you file for divorce, you address to either the court, or in your agreement, what things you have to obtain from any residence. And the court will determine a date and... View More

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