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Georgia Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More

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

The answer is it depends. You can sign a settlement agreement, if you all agree, outlining which assets each party is being awarded and which debts each party is going to be responsible for, upon final judgment and decree of divorce. At that point any debts on credit cards, loans, or things he... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

T. Augustus Claus
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answered on Nov 7, 2023

Yes, you and your wife can file an uncontested divorce without minor children in Georgia, even if your children are not in your custody. This is because the focus of an uncontested divorce is on dissolving the marital relationship, not on child custody or support.

Unfortunately, due to the...
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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

If there are children of the marriage, the children have to be addressed in the divorce case. Georgia does not provide bifurcated divorce, meaning, the court can not decide the divorce without also addressing the children of the marriage. If someone else had legal custody of the minor children,... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me. The county in which they should of been filed has no record of them

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

Whether or not your spouse or ex-spouse has to send you copies of documents depends on what documents they are. It is unclear what documents you are asking for because you stated they were "separation papers." If you mean a complaint for divorce then yes, you should have been served... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

Speak to a lawyer. Because you refer to the other party as your ex-husband, and if the divorce is final, they likely don’t have to give you a copy of any paperwork. If the divorce is still pending, you are entitled to certain documents to be turned over to you if you request them. But you need... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can you help me put into words what I should write for the motion of temporary hearing?

Hello, I am filing my own divorce paperwork. I am trying to file a motion for temporary hearing for child custody and am having a hard time trying to articulate my words to put on the form. It has been 4 months and my soon to be ex husband is not allowing me to see my child. He has sent me numerous... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 26, 2023

Unfortunately we cannot write out your argument for a temporary hearing in this forum. It is best that you hire an attorney to represent you because they would have likely filed this motion months ago or tried to come to an agreement with the opposing party on your behalf. If you cannot hire an... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Wife left home on 5/2. She then started a relationship with another man in July then shortly filed for divorce.

Will this help me in the divorce proceedings?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 19, 2023

Georgia is a no fault divorce state, so it may not matter a whole lot of there was adultery. It’s unlikely to be a factor regarding custody and visitation as it’s not directly related to her parenting. But could be a factor in spousal support and possibly an equitable distribution of marital... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How does joint custody work if both parents do not live in the same state?

We divorced in Georgia. The father is in the army and is still living in Georgia. He said it was fine for myself and both of our kids to go back to Ohio to stay with my family. I am confused how joint custody works for us since he does not see them the way it’s written in our child care plan.... View More

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

If you want to modify the visitation or change custody, you have to file for a modification in GA, since the father still lives in GA. Is it worth you going back to court just because he doesn't exercise the visitation he has? The state of GA retains jurisdiction over all family law matters... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: During divorce if my son is not living with my wife can she tell me I need to pay child support when I have him more?

My wife had an affair and decided she wanted to get a divorce I was kicked out of where we were living and then she moved out and with her a fair partner left our son with her parents would not let me see him for well over a year but in that time she moved out of state leaving our son with her... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

A parent has a legal obligation to support their children. But that doesn’t necessarily mean one parent is entitled to receive “child support” from the other parent. If a child is being primarily cared for by a non-parent, both parents may have an obligation to provide support to the... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Notice to Produce. What if I refuse to provide or lie and say I’m not having an affair when I am?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you do not respond to the interrogatories or provide the documents you have been asked to provide, a motion to compel could be filed against you. If a motion to compel is filed and you are found in contempt of court, you could be ordered to pay attorneys fees to the other party or sanctioned... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Hi my husband left in April and is still gone. Is this abandonment he won't answer calls or text
T. Augustus Claus
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answered on Sep 27, 2023

If your husband left in April and hasn't been in contact since, you may have grounds to consider this abandonment under Georgia law. Abandonment can be one factor that courts look at when making decisions about divorce, custody, and other family law issues.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Ex filed for a change of custody, should I file a counterclaim with the response to his change of custody?

Ex filed for a change of custody, along with my response to his change of custody should I also file a counterclaim to have my own issues addressed since I am already going to be back in court due to his change of custody? If I only file a response, will the Judge also listen to my requests to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 12, 2023

You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How do I get divorced if I was married in Canada and I'm a US citizen? We've been separated for 10 years.

This was 10 years ago I was 19 years old young and dumb. I only was there for 6 months I never got dual citizenship and I live in the States now and he lives still in Canada we're still married and I don't know how to get divorced because we were married there and I'm a US citizen... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Either spouse may file for divorce in the jurisdiction where they reside once they meet the applicable residency requirements.

While relevant, the place of marriage is not dispositive on the question of jurisdiction.

If you had a child, any accompanying custody and support issues...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I am trying to get a cheap and quick divorce with full custody of my daughter. Her father and I have an agreement.

The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 6, 2023

To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Litigation for Georgia on
Q: Lawsuit after false TPO?

My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...

I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.

The divorce was concluded 2 years... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I want to get a quick and cheap divorce with full custody of my daughter.

Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I want to get a quick and cheap divorce with full custody of my daughter.

Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 6, 2023

If your spouse will sign paperwork it could be an uncontested divorce, which will reduce the costs. But all the necessary paperwork must be signed and it must be filed as an uncontested divorce. If it is contested, you could still keep your costs down with the right attorney. Speak directly with... View More

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: if a state pension is fully vested and being paid out at time of mariagge does it become marital property?
T. Augustus Claus
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answered on Sep 4, 2023

In Georgia, as in many states, whether a state pension becomes marital property upon marriage depends on various factors, including the specific circumstances of the pension and the laws in place at the time of the divorce. Generally, assets acquired during the course of a marriage are considered... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: are pensions marital property in Georgia?
Robbie Levin
Robbie Levin
answered on Sep 4, 2023

In general, pension plans are treated like any other property – if they accrued during the marriage, they are marital property subject to equitable division. Any portion that accrued prior to the marriage, however, is considered the separate property of that spouse.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: are pensions marital property in Georgia?
T. Augustus Claus
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answered on Sep 4, 2023

In Georgia, pensions are generally considered marital property if they were earned during the course of the marriage. Marital property includes assets and income acquired during the marriage, and it is subject to equitable division in the event of divorce. Equitable division means that the court... View More

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