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Georgia Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What can the Judge do next? If there anything she should be doing?

My friend divorced her husband. Judge gave him the house and she took full custody of the children. Judge ordered him to pay her equity over a year ago and he has not paid. She has submitted her documents that show he has not paid her at all.

Robbie Levin
Robbie Levin
answered on Jun 8, 2024

If a person does not abide by the Order of the Court, then the remedy is to file a Contempt Action against that person. If the Court finds the person to be in contempt, then the Judge can sanction the person with jail time for their failure to comply with the Court Order.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Regina Irene Edwards
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answered on Jun 3, 2024

The other side only has to submit documents if you have asked for them the correct way. If you have properly filed and served request for production of documents, interrogatories and request for admissions, you have to follow up to make an effort to resolve the dispute. If you have done that,... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If you are going to represent yourself against another attorney then you will have to determine the proper pleadings to file and steps to take. Unfortunately, attorneys here cannot give you the steps to represent yourself. Prior to the filing of a motion to compel you must make a good faith... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Summer vacation child support question

I am a single parent, and divorced 4 years ago ,

All our grandparents are abroad (me and my ex)... this July summer break we split the kids for two weeks

I would like to take my kids to be with with the grandparents and family for two weeks.

My ex is OK with that.... View More

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

If a court order says you pay child support then you pay child support. If the order doesn't suspend child support during periods of visitation then child support remains the same, even during those periods. The child support worksheet you should have had, when this support was calculated,... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: If my spouse commits adultery, what are my legal rights?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

Your rights are the same whether she commits adultery or not. Adultery doesn't change your rights. Adultery may come into play when the Court considers how to distribute the marital property. But one party having fault in a GA divorce doesn't necessarily mean the other is granted... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it possible to reverse a final divorce decision?

Chose to get a divorce and now come to an belief it was a grave miscalculation to do so.

Samantha A Holloway
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answered on May 13, 2024

There are aspects of the divorce that can be modified (i.e. child support, parenting time, etc.). But setting aside a divorce requires very specific details. If you believe that you should have not gotten a divorce from your spouse, you can explore marrying them again, if they are willing.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: If assets home/car are purchased during the separation (living in different homes), is this part of marital division?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 18, 2024

Please get a lawyer. Until you receive a final judgment and decree of divorce, signed by a judge, you're married. And anything you buy while married, could be considered marital property, even if you're separated. That's why you shouldn't go out and buy a new house while... View More

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1 Answer | Asked in Divorce for Georgia on
Q: Yes I am trying to get a divorce with minor kids involved but I reside in Alabama and the father in GA in jail what do

What to do he hasnt seen his kids in almost a year now hasn't spoken to them in 6-7 months I just want my divorce and need to know how to do it living in 2 different states

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You can hire an attorney and have the papers drafted. They can then see if the father will sign the papers. If the father will not sign the divorce documents, you will need to file for divorce and have the father served. And there is a way to perfect proper service on a defendant who is... View More

1 Answer | Asked in Divorce for Georgia on
Q: What does it mean when a Motion for judgment on the pleadings has been filed in a divorce? How do I proceed?

I filed for an uncontested divorce in Henry County, GA, on 2/16/24, with no assets to split or children in the marriage. I received notice on 3/25/24 that the judge would not enter an order at this time as a Motion for Judgement on the Pleadings had been filed with the Court.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You have opted to represent yourself. Which means, you have to file the proper documents in order to obtain a divorce, just as if you were an attorney. They have given you the name of the motion that needs to be filed, but they will not instruct you as to how to draft said motion. If you are... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How to divorce someone who doesn't live in the United States, and never has, but was married IN the United States?

I was in a long distance relationship with my spouse, who would visit the U.S. to see me often. However, he lives in Canada. He has never lived in the U.S., only visited. On his last visit, we got married. But, never have lived together.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

You can have an uncontested divorce and both of you can sign all of the necessary paperwork. Or if your spouse refuses to sign all the required documents, you will have to file for divorce and have him served, where ever he may be located.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I already have a child support order in place. How would I go about filing an uncontested divorce?

I have an existing child support case, and we agree on everything, and do not have any assets to split

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure what your existing child support case has to do with your divorce unless you are wanting credit for the current order with regard to a new order that may come out of your divorce. If a divorce is truly uncontested then you would have all the proper paperwork signed and it would... View More

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1 Answer | Asked in Divorce, Business Law and Family Law for Georgia on
Q: If a LLC is created during a marriage, is that LLC considered a marital asset and value divided 50/50 between parties?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: For an uncontested divorce without children who is the one that actually files? I've been told he has to file. Why?

We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

It would probably be helpful if you hired an attorney, because the employees at the clerk's office are not suppose to give you legal advice. If it is a truly uncontested divorce where both spouses are going to sign the papers, you can file in your county. That is because your spouse is not... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: For an uncontested divorce without children who is the one that actually files? I've been told he has to file. Why?

We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More

Kedra M. Gotel
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answered on Mar 7, 2024

File in the county where you both lived together if one of you still lives in that county. If not, file in either county where you now live. Where you were married is not relevant. What's most important is that you have been residents of Georgia for at least six months before filing for divorce.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am going through a divorce. Do I have to go back to my maiden name or can I chose a new last name once it’s final?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

You can keep your current name or have your maiden name restored. You will need to inform the Court which option you are choosing and I would advise you to hire an attorney to represent you in this divorce. If you want a name other than your maiden name, the Court is not going to change your name... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I was in Ohio, my wife asked me for divorce. I moved to my home in Georgia. Do I divorce in Ohio or divorce in georgia

Can I go back to Ohio or do I have to wait the six months and do it in Georgia?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 23, 2024

Where you file will depend on where you are a resident and what type of divorce you are filing. Regardless of where you are a resident, if your divorce is contested, you should file where the defendant lives. If your divorce is uncontested, then you can file where you live and make sure... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I was in Ohio, my wife asked me for divorce. I moved to my home in Georgia. Do I divorce in Ohio or divorce in georgia

Can I go back to Ohio or do I have to wait the six months and do it in Georgia?

T. Augustus Claus
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answered on Jan 18, 2024

When faced with a divorce situation where you and your wife are in different states, the choice of where to file for divorce can depend on residency requirements. Ohio generally requires a residency of at least six months before filing for divorce. If you have not met this residency requirement in... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I inherited a home and then got married. If I refinanced it in my is it considered marital property now?

The house is in mine and my dad's name and mine and my dad's name is on the refinance. Husband nowhere on it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If you ever get divorced, and your spouse asks for some equity out of the home, the Court will determine if he is owed anything and if so, what he is owed. And they may consider any money he has put into the home, any money he has paid on the home, whether joint funds contributed to the remodel or... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My wife won the lottery, has been seeing about her guy behind my back and is now taking kids out country what do I do ?

She kept the winning concealed from me and ran off with this guy she’s our me through hell the last several years causing me to lose everything and now has her friends gang stalking me on line

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to... View More

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1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Georgia on
Q: The title for my motorcycle is in my ex's name, divorce is not finalized, but she's canceled the registration. Options?!

I am currently separated from my spouse and we are un the middle of a divorce that doesn't look to end soon. During our we traded in my motorcycle for a newer one, and titled it in her name. This is my only means of transportation. She doesn't even have a motorcycle license. The bike is... View More

T. Augustus Claus
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answered on Jan 4, 2024

If the divorce is not yet finalized, you can address this issue during the divorce proceedings. You may want to consult with your divorce attorney to discuss the matter and potentially request the court to address the division of assets, including the motorcycle. The court can issue orders to... View More

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