Lawyers, Answer Questions  & Get Points Log In
Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How do I find some case law that defines what common-law is in Georgia?

I have a mediation tomorrow and my NHL hockey pension will depend on the mediator's view of when common-law began.

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

19 COLONIAL RECORDS OF GEORGIA, 1774-1805 (Pt. 2) 290-92 (Candler ed. 1911). Declares that the common law of England is in full force and effect unless it is inconsistent with the Georgia constitution, laws, and form of government.

Hornsby v. Smith, 191 Ga. 491, 13 SE.2d 20 (1941). Holds...
Read more »

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Georgia on
Q: Which takes presidence the ownership, or the rental agreement

Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.

As joint owner, Is she within her rights to change the locks? Or... Read more »

James Clifton
PREMIUM
James Clifton
answered on May 18, 2023

Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... Read more »

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 17, 2023

You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What are the stipulations for alimony if I get a divorce (but with only an income of $50,000.00 a year) He doesn't work!

I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my husband take my kids if they aren’t his but his name is on birth certificate and we were married at the time
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 24, 2023

The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... Read more »

View More Answers

2 Answers | Asked in Divorce and Bankruptcy for Georgia on
Q: Who can help an uncontested divorce, live separately. Looking for help with representation assisting for a single mom!

My daughter’ father was arrested, awaiting trial with pending charges from another counting, five counts of sexual exploitation of a child. It’s been hard for my daughter. I have been separated from my husband for nine months for the well-being of my daughter, since father’s arrest, she... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 21, 2023

A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... Read more »

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I left my home 8 months ago I have returned will I still be entitled to half of the assets?

I felt pressured into leaving my there was no respect in the home

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 18, 2023

Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Is a spouses VA benefits off limits during a divorce?

Divorcing after 23 years due to repeated infidelity, domestic abuse. Spouse wants me to leave our rented home with an uncontested divorce. 3 grown kids, 2 still at home. Husband wants me to leave marriage with a few decorations, my cloths, and take on a car note in his name (car I have driven and... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2023

They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.

Invest in a lawyer to walk you through this process, as the costs will escalate if you make...
Read more »

View More Answers

2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Can I separate from my husband to another state without a legal document in place?

No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 27, 2023

Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... Read more »

View More Answers

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Georgia on
Q: Should i get the Temporary custody order before my spouse did? Is child support needed during this time to gain more adv

I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.

Alex M. Brown
Alex M. Brown
answered on Mar 26, 2023

It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I was married in South Carolina & would like to get a divorce but I have no idea where my spouse is, what do I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Is the leaving spouse allowed to take am appliance (dishwasher) out of the marital house and put in a new abode?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Prior to the filing of a divorce, either spouse can take anything they want out of the marital residence because there's been no standing order preventing them from selling, transferring, taking, or disposing of any items that could be considered marital property. When a spouse files for... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a general Percentage a judge may award in Spousal Support? Wife believes she is entitled to half my monthly pay

In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... Read more »

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Does my spouse have to leave the home after the divorce is finalized.

I bought my home before I got married and now we're going through a divorce. Oddly, we still live in the same house while going through this.

She has stated several times that she isn't leaving g after the divorce is final.

My question is, when the divorce is final and... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

I think you would greatly benefit from hiring an attorney. It sounds like you have a contested divorce if your spouse is unwilling to even move out. And if you don't present your case properly, the Court could end up awarding her things you disagree with. But at your trial you should... Read more »

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: I will be getting a divorce in Atlanta Ga and I have bought my house 20 something years ago my husband moved in

And has not paid mortgage payments and it is in my name and willed to my daughters. We married when our children were grown and out on their own. Please tell me he not entitled to my home

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 8, 2023

Any real property that a spouse has prior to marriage is normally considered their separate property that they can ask the Court not to include in the distribution of marital property. However, in some circumstances a spouse may be entitled to some equity, depending on their contribution to that... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: If neither parent has custody of minor children do we file divorce with or without children?

Both minor children’s paternal grandmother has sole custody of both minor children. And there is a 3rd child but he is not a minor.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

If you have living biological children born of the marriage then you have children, whether they currently live at your residence or not. The Court needs to know that you have living minor children in order to address the custody & visitation of those children as well as child support, if that... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Can I reopen a divorce case that was pending
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

If it's pending then it's not closed, and wouldn't need to be reopened. I would consult an attorney because it sounds like you need some help understanding the case, since you're asking this question. If by "was pending" you mean it has now been dismissed or there... Read more »

View More Answers

2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Do I have any right to the marital house that was bought before marriage but refinanced several times during

House bought 2004, I moved in 2005, married 2015. Have 3 children together living in the house 15,14,&10. The last time house was refinanced was 2020. My name is not on it. Do I have any rights? Can he throw me out?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 17, 2023

If you're living in the residence and have been, your spouse cannot evict you. You should speak directly with an attorney to determine what you may be entitled to regarding the home purchased prior to marriage. Due to the fact that you may have been paying some of the mortgage or some of the... Read more »

View More Answers

1 Answer | Asked in Divorce for Georgia on
Q: Property outside the US bought with gift and inheritance money from a parent, No mingle accounts or moneys. Is Marital?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 13, 2023

The location of property purchased during the marriage does not impact whether it is considered marital property as married persons can buy property anywhere. It does not have to be located in the U.S. for it to be marital property. Anything purchased during the marriage could be considered... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.