I'm seeking guidance on how to start a contested divorce where asset division is a significant issue. We have not attempted mediation, and I have immediate concerns regarding financial support and adultery committed by my spouse, who has moved the person he engaged in adultery with into our... View More

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answered on Jun 2, 2025

You need to contact an attorney in your area to assist you. If asset division is an issue, you will likely need help getting documents and proof of all of the assets before you can even begin negotiating the split of them.

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I'm an adult currently going through a divorce and living with my mom, who keeps entering my room without permission despite our discussions about my need for privacy. I contribute financially to the household. Is her behavior against the law?

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answered on May 18, 2025

Unless you have a signed official lease, where you are renting exclusive access to part of the home, it would not be an illegal act for her to go into your room.

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I am considering a divorce but have not filed yet, and my spouse, who is the sole person on the mortgage and deed, is in the process of refinancing our house. I am worried as I can't afford the payments on a newly financed mortgage. Is there a way for me to stop this refinancing process before... View More

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answered on May 16, 2025

You probably cannot stop it without filing for divorce. If you're not on the mortgage or the deed, she can refinance if she wishes to.

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I am currently in the process of a divorce and need advice on an equity division. We have completed a divorce appraisal to determine the value of our marital home, agreeing to split the difference between the original purchase price and the appraised value as documented in mediation. My spouse... View More

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answered on May 13, 2025

I wouldn't agree to deduct future closing costs. You're both going to have expenses in the future that are not taken into account in the divorce.

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I earn $240,000 annually, while my spouse earns $105,000. We have one child and there are no existing agreements or health issues. I will be covering the child's health insurance costs. What might my child support obligations be in Georgia under these circumstances?

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answered on May 11, 2025

There isn't enough information to answer your question. The exact cost of the insurance, daycare, extracurricular expenses, education expenses, and parenting time all factor in to the amount of support.

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I have 50/50 custody of my child with my ex-husband, and there's currently no restriction on who can be around our child. My ex-husband's new girlfriend has two children who have harmed my child on several occasions, resulting in injuries like a black eye and a large bruise. I have... View More

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answered on Apr 21, 2025

Your first step is to try to discuss and resolve the issue with your ex. The Court is going to want to see the parties try to resolve issues prior to filing a lawsuit.

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In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?

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answered on Apr 19, 2025

You need to have an attorney review your agreement and give advice. If a specific person was named and stated could not br around the children, marrying that person does not negate that clause.

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I am the mother of a stillborn who is buried in a private cemetery in Georgia. I want to move the grave, but the father, who is not legitimized, does not agree. There are no legal disputes or agreements about the burial plot. Who has the legal authority to decide about moving the grave, and what is... View More

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answered on Apr 18, 2025

The mother is the only person who has the authority to move the grave.

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I am representing myself in a divorce case, and my spouse has submitted a financial affidavit that includes bills he does not pay. For example, he claims to be paying a cable bill, but we haven't had cable service for nearly two years. I need to file my answer to this affidavit. How should I... View More

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answered on Apr 16, 2025

You don't file an answer to the affidavit. You file your own affidavit and you can challenge his at trial through cross examination.

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My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More

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answered on Apr 5, 2025

You need to consult with a divorce attorney as well as work out an agreement with the grandmother as it's her property.

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I am considering getting an annulment of my 12-year marriage. My husband did not disclose his mental health illness and opiate addictions when we first met, even though I specifically asked him about it. I have known about his issues for approximately 9.5 years. We've gone through multiple... View More

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answered on Apr 2, 2025

No. You can file for divorce. If you found out about his issues 9 years ago and decided to stay, it's difficult to argue fraud now.

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I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More

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answered on Apr 1, 2025

Yes. The house is marital property, and your spouse may have a legal interest in some of the equity funds.

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I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More

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answered on Mar 30, 2025

An affidavit of election filed alone is meaningless. You have to file a modification case in order to change custody.

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I am 14 years old and being charged with unruliness. My guardians are trying to take away all the belongings from my room because they say I'm not "thankful for it." Do they have the legal right to do this?

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answered on Mar 26, 2025

Yes.

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I need to find out if I am considered common law married. We have lived together since 1996, starting when I was 18, and I am now 48. We have a 20-year-old daughter. We've referred to each other as husband and wife and he has filed taxes including me. He is abusive, which complicates my... View More

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answered on Mar 23, 2025

No. Common law marriage was abolished in 1997.

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I was molested at 16 by a 24-year-old, and we've been together since, during which time she's controlled me. Recently, I discovered she's been with another man for 21 weeks and is seeking a divorce. Can I file charges for the molestation that occurred in 1993 in this situation?

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answered on Mar 22, 2025

No. The age of consent in Georgia is 16.

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I need clarification regarding my court-ordered visitation schedule for March 2025. The schedule specifies visitation from Friday at 6 PM until Sunday at 6 PM, but I'm unsure which weekends are considered the first and third. This is based on a court order, and there have been previous... View More

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answered on Mar 17, 2025

The definition should be in your parenting plan. Usually, the first Friday of the month is the first weekend. For example, if May 1st is a Saturday, that is not the first weekend. If May 1st is a Friday, that is the first weekend.

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My wife and I separated after 5 years. She has a son from a previous relationship who is blind and disabled. They came to the U.S. on a visitor visa and now have permanent resident status. Her son is now 19. My wife is trying to get support through the state of Georgia, accusing me of abandonment... View More

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answered on Mar 16, 2025

Normally, you do not have a legal obligation to care for someone else's child. However, if you brought your wife and her child to the US based on your marriage, you probably signed an affidavit stating that you would support her, even after a divorce. You may want to review those documents... View More

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I'm currently in Spalding County, GA, and my husband filed an uncontested divorce to obtain custody of our 4-year-old daughter, proposing no visitation and no child support. We separated a month ago, and I am 7 months pregnant, having received no support since the separation. My husband claims... View More

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answered on Mar 15, 2025

It's possible to obtain custody, support and alimony. You need to hire an attorney who regularly practices in your county to contest the case.

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In Georgia, are you required to be officially separated before going through a divorce? I have been living separately from my spouse for over 20 years and would prefer to proceed directly with a divorce. We have no minor children, but there could be joint assets to consider.

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answered on Mar 13, 2025

You just have to be separated at the time of filing. There is no length of separation requirement.

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