Lawyers, Answer Questions  & Get Points Log In
Georgia Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Define: "there shall be free and open communication and contact between both parents and the children at all times"

Decree says Under the parenting time arrangement. "there shall be free and open communication and contact between both parents and the children at all times" A separate "ordered and adjudged" paragraph requires us to discuss all major decisions & try our best to agree,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 9, 2021

You may want to consult with an attorney who can review your arrangement and provide you with guidance. There needs to be open communication, but that doesn’t mean you have to be texted non-stop with every little thing. Perhaps he is doing this because he knows it irritates you.

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Final Judgement and Decree differs from Child Support Addendum?

So I’ve been divorced for awhile now but I’m confused what to go off of. The child support addendum originally stated that I paid 50% up to $300 per child for homeschool, and I don’t have to repeat payment if my ex decided to hold them back a year. I didn’t know, but my ex marked all this... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

You should consult with an attorney who can read the documents and give you advice on what your obligation is. We can't give advice based on a description of documents. We have to see them.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: My husband filed a publication divorce even though we are still living in our marital home. He kicked me out.

He changed the locks. Is the legal

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

No, it isn't. You need to speak to an attorney immediately about your options and contesting the case.

View More Answers

3 Answers | Asked in Divorce for Georgia on
Q: Can you provide a link to where I can read the current Georgia divorce law myself and do research? Is it part of OCGA?
Robbie Levin
Robbie Levin answered on Sep 5, 2021

Yes. OCGA Title 9, Chapter 5.

You can start with O.C.G.A 19-5-1, and go from there.

For more information visit my website at www.LevinLawyerGa.com

View More Answers

1 Answer | Asked in Contracts, Divorce and Civil Rights for Georgia on
Q: Does a domestic partner have rights over a separated spouse if their name is on a mortgage title?

My domestic partner is a co-applicant on the mortgage loan

Homer P Jordan IV
Homer P Jordan IV answered on Sep 2, 2021

From what you wrote it sounds like the domestic partner’s name is on the title. Is that correct? If so, then they would have rights to the home. If you want clarification, consult with an attorney who can review the facts and provide you with guidance.

3 Answers | Asked in Divorce for Georgia on
Q: Ex broke 3 written agreement regarding parenting time and per the final order written agreements via email are

binding and contemptible. With that track record I said because he’s broken 3 written agreements that I can understand that we will also not keep a 4th agreement. The 4th agreement was made at his request and now demands I honor this request even though he did not keep the previous three. I could... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 2, 2021

If the "agreement" become a Court Order, you can file a contempt if it is not being followed, or has not been followed. It sounds like he is in contempt so seek the assistance of the Court. Don't wait for him to tell the Court you are in contempt before you tell the the Court he WAS... Read more »

View More Answers

1 Answer | Asked in Divorce for Georgia on
Q: I'm divorced and have custody of kids. Will sex with my ex affect my custody
Homer P Jordan IV
Homer P Jordan IV answered on Sep 1, 2021

If you are not sure if you will be violating anything and want clarification, consult with an attorney who can review your custody order and provide you with guidance.

2 Answers | Asked in Divorce for Georgia on
Q: Wife has been bullying and threatening me and horsing me into signing a private agreement for an alimony should I now

She said the amount herself at 3500 per month I have two children from another marriage which I pay child support on we have no joint community property together and no joint debt together she owns everything herself

Regina Irene Edwards
Regina Irene Edwards answered on Sep 1, 2021

No, you should not sign anything without speaking with an experienced family law attorney who can give you advice about alimony.

View More Answers

2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Im trying to fill out a child support addendum and have some questions on filling this out.

Not sure on how to fill it out

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Unfortunately, this forum is not offered to prepare actual paperwork for cases. You will need to meet with an attorney regarding your questions about the addendum. Good luck!

View More Answers

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: He wants me out of the house we live in . Is there a legal way to stay

I am married we have been together for 28 years recently we are not getting along cause I cheated months ago

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

He cannot displace you while you remain married. If a divorce action is filed, the court will decide at that time what will happen with the property. You certainly should meet with competent divorce counsel. When you meet with the attorney, ask him/her to explain the term "condonation"... Read more »

View More Answers

1 Answer | Asked in Divorce for Georgia on
Q: What is O.C.G..A. Title 19-5-3 (13)

I have to answer this before the end of august

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Aug 12, 2021

This is a Georgia state statute located in the Official Code of Georgia Annotated. This provision states the following

"(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service...
Read more »

4 Answers | Asked in Divorce for Georgia on
Q: Hello. Can I file for divorce if there is a TPO granted to my husband against me in Georgia? Thank you.

I know I have to hire a lawyer in GA.

Ellaretha Coleman
Ellaretha Coleman answered on Aug 10, 2021

yes.

View More Answers

2 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Does having educational tie breaker also include decision on sending children to preschool and where to send children

I understand preschool is optional and per Georgia Compulsory law children aren’t required to attend school until 6. Dad has educational tie breaker, mom has primary physical custody. Parents previously made a written agreement per email for children to a school and after mom paid tuition and... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 1, 2021

Tiebreaker means the parties are supposed to consult and confer, but the educational tiebreaker can make the final decision, even if it goes against prior informal agreement. Father should have consulted with Mother first, but ultimately, he gets to make the final call.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: What if I forgot to submit the summons but the opposing still filed a response to motion to amend final order.

How will Court handle at hearing. Could opposing counsel bring up at hearing to have motion completely ignored?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Not filing a Summons is not fatal to a case - you can always file it now.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: In Fulton County Superior Court Family Division, if an individual I want served with a Motion to Modify Final Order...

has an attorney on record do I serve the attorney with the motion or serve the individual with the motion?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

For a new modification case, you have to serve the other party personally.

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

View More Answers

3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

Given the short length of the marriage, it is unlikely that he will have to give you any more money if you already recovered what you say he owed. You should contact an attorney about an uncontested divorce.

View More Answers

3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: Am I still liable to pay of debt from a divorce if my ex wife has stopped me from contacting her & pay off my portion

My ex wife & I had an uncontested divorce. It was agreed that we split all the finances. I was consistently paying her for two months until & she stop contacting me. She has removed me from all the financial accounts we shared together. She has furthered blocked me from all contacts & social media

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

Were you paying her or were you paying for the debts directly to where the debt is owed? If you agreed to split all the finances, including the debt, then you would still be obligated to follow through with that.

View More Answers

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.