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Georgia Family Law Questions & Answers
3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Martha Warriner Jarrett
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answered on Nov 17, 2023

Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More

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1 Answer | Asked in Civil Litigation, Family Law and Social Security for Georgia on
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced

Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

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

Understanding that you have no minor children, you will not need a parenting plan, child support worksheet, or child support addendum. If your county does not have forms online for an uncontested divorce, you can either go to the superior court in your county (because you file in superior court,... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

To file an uncontested divorce you will need to file a summons, petition for divorce, acknowledgment of service, consent to trial in 31 days and a marital settlement agreement. If there are children involved, you will also need to file a parenting plan, child support worksheet and child support... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More

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

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

1 Answer | Asked in Family Law for Georgia on
Q: If my daughter's mom had a child with someone else while we lived together and then cut me out of my daughter's life.

It's been almost 3 years. Please help me

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

You have a right to be in your child's life. If the mother is denying you access to the child and you all were never married, you need to file an action to legitimize. In that action you can petition the court for joint legal custody & visitation. You can ask the court to allow you... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More

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

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

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 Child Support and Family Law for Georgia on
Q: GA child support remains until child turns 18 high school GRAD or 20. does CSS stop child support or do I need a lawyer?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

It would be wonderful if the Division of Child Support Services was efficient enough that they were able to stop every child support order when the child turned 18 and graduated from high school. But unfortunately, they do not automatically dismiss your order. Therefore, if you have a garnishment... 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?

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 Family Law and Child Custody for Georgia on
Q: Can my daughter’s dad take our daughter over state lines?

Reside in GA. History of a TPO against my daughter’s dad. He is threatening to physically take our daughter to Texas where he moved to. He is also threatening to take me back to court to take her there as well. We have a court order in place he gets video chats 3 times a week for 10 min. And... View More

Regina Irene Edwards
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answered on Nov 25, 2024

If you have a court order in place regarding parenting time, that is what should be followed. If he does not follow it, you can file for contempt.

1 Answer | Asked in Family Law for Georgia on
Q: Mother has dementia need to withdraw money from her account to cover her bills
Kedra M. Gotel
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answered on Nov 16, 2024

Pay the bills to avoid imminent disconnection. Then hire an attorney to assist you with filing a petition for guardianship and conservatorship. Otherwise, you will have difficulty handling your loved one's financial matters and healthcare matters.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: what will happen once i summit and file a domesticate foreign judgement for visitation

i have a court order that my childrens father has never honored for the last 10 years and blocked all communication from me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

You should speak directly with an attorney who can give you legal advice on your case.

2 Answers | Asked in Child Custody, Child Support, Civil Rights and Family Law for Georgia on
Q: can you open a new child support case in a open civil case already
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

If there is already a case involving child support then there should not be another case started that also involves child support. There should not be two courts that have the same matter pending. But I would speak directly with an attorney to make sure you don't have the same matter pending... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Social Security for Georgia on
Q: Can a disabled 18 who’s stable of her own self move out at 18 with out parent consent

Her mom is basically holding her back taking her check and when she try to leave her mom calls the police she took a phone that her mom didn’t pay for I even have recording of what happened what am I able to do

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to live independently at 18, as you are considered an adult. If your mother is controlling your finances by taking your check, this could be considered financial abuse. It’s important to keep records of all transactions and any evidence you have, like your recordings.... View More

2 Answers | Asked in Family Law for Georgia on
Q: Can a man abandon his kids for three years, leaving the state and come back later asking for them without any legal von?

I’m the grandmother and he walked off and left without a notice of leaving , but later we found a note inside one of kids backpack!

Regina Irene Edwards
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answered on Oct 22, 2024

Your question was can he ask to see them? Yes. People can ask for whatever they like. If a custody case was pending, his leaving for 3 years would negatively affect his chances of obtaining custody.

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2 Answers | Asked in Divorce, Banking and Family Law for Georgia on
Q: I'm in Georgia. my husband owns a business. I have worked for him and am secretary and treasurer. Am I entitled to half?

Our profits have increased since I've worked for him.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 22, 2024

There is no law that entitles you automatically to half of a business. When you go through a divorce you can present evidence and testimony regarding what you feel you are entitled too and the Court will make a final determination on what, if anything, to award you.

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1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My grandson is in DFCS custody. When I called to find out what I needed to do to get guardianship,

They tell me that because I had a history with the department. I wasn't able to get him. Also my daughter refuses to allow me to do kinship, she is convinced i made the reports against her, which is false.

Nevertheless i did have multiple cases which eventually led to me loosing them... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

This same website allows you to search for attorneys in a specific area and in areas of practice. This is a place to have questions answered. If you need an attorney you should use this site to locate one.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How does a court case appear online if defendant has entered a pretrial diversion program?

case # begins PRE- open(pending) Would it be listed as prefile?

Joshua Schiffer
Joshua Schiffer
answered on Oct 13, 2024

All depends on the jurisdiction, as the registry entries are different from circuit to circuit, and even sometimes clerk to clerk.

The best way is to verify specifically with the clerk in writing. EVERYTHING needs to be in writing if at all possible.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Georgia on
Q: How can a person petition the judge to erase and/or lower bond. No record, no income, homeless, mentally ill.

Person was wrongfully arrested. Officers did not do Justice by making an arrest. Person was experiencing a mental crisis, officers offered no assistance helping with that fact, even after the family pleaded to allow them to go back to the mental health facility or another family members home.... View More

Robbie Levin
Robbie Levin
answered on Oct 8, 2024

You can file a Motion for Bond Modification. I would suggest hiring a criminal defense attorney to help you fo this.

www.LevinLawyerGa.com

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