Georgia Divorce Legal Questions

If you have been a resident of the state of Georgia for at least six months, then the state of Georgia has jurisdiction over your status as either married or not married. Whether the state of Georgia has any jurisdiction over the person of your spouse is another question. If she will voluntarily signed papers and submit herself to the jurisdiction of the court, you can have an uncontested divorce in Georgia. You can also have an uncontested divorce and the state of her residence as well as a contested case in the state of her residence. You may or may not be able to have a contested divorce in Georgia depending on whether there is jurisdiction over her person.... Read More

Generally if both parties are on the least the police will not allow you to prevent his ingress and egress without some form of court order. As to the child, you would have to define what it is which causes you to believe that you have some legal rights to the minor unless you are its mother. See an attorney now.... Read More

Depending on the content of those “threatening and abusive messages,” you may be able to file for and obtain a stalking protective order.  In Georgia, stalking is defined as when someone:   1.        Follows you; 2.        Places you under surveillance; or 3.        Contacts you (in person, by phone, email, etc.) without your permission for the purpose of “harassing or intimidating” you.*   “Harassing or intimidating” you means that the stalker does repeated acts that cause you to reasonably fear for the safety of yourself or a member of your immediate family and that cause you emotional distress (harm). Even if s/he does not specifically threaten to physically harm you, his/her behavior could still be considered “harassing or intimidating.”  (See: O.C.G.A. § 16-5-90(a)(1), and, for example, Benton v. State, 256 Ga.App. 620 (2002))   A stalking protective order is issued by the court to protect you from the stalking behavior of another person. The court can order a person to stop contacting, harassing, or intimidating you. Sometimes orders can also require that you and/or the stalker get psychiatric/psychological services to prevent continued stalking in the future. The order could also order the stalker to pay your attorney’s fees (or, if you lose the case, that you pay the respondent’s attorney’s fees).   Also, there may be other options depending on what your final divorce decree/order says.  In any event, an attorney can help you through the process.... Read More

You will probably have to go forward with a divorce, rather than an annulment. Since you don't know where he resides, he can be served through publication. The total process can be concluded in approximately sixty (60) days from the date of filing. To make sure there are no glitches in the process (especially with the documentation), you would be best advised to retain the services of an attorney.... Read More

Obtaining an annulment in Georgia is difficult and only granted under very specific circumstances.  If your marriage is over then you will be able to file for divorce.  You should consult with a divorce attorney to determine which state is appropriate for you to file for divorce. Good luck to you. Shalamar J. Parham Atlanta Divorce Attorney... Read More

The answer depends on where you were "domiciled" at the time she filed. Did you consider New Jersey your home? At the time of filing, did you consider Georgia your home? How long had you lived in Georgia? Assuming that you had lived in Georgia at the time she filed and you considered Georgia your home, then you MAY HAVE an argument that she must file in Georgia. You need to ask a New Jersey attorney whether there is any law in New Jersey which allows New Jersey to handle a divorce if you have moved from New jersey and do not intend for New Jersey to be your home. The answer to the military question depends on whether New Jersey law or Georgia law applies and that depends on whether she should have filed in New Jersey or Georgia. In Georgia, she could be entitled to part of your pension, but the method of payout is more favorable to you than if your pension was with a corporation.... Read More

You should get an attorney. It is one thing if a divorce is uncontested. Most people with some diligence can navigate that process without an attorney. Once however it becomes clear that he is going to contest it, you need an attorney to get through the process. This is especially true when children are involved. The amount of paperwork increases and so does the likelihood of a mistake that could have a long lasting impact. ... Read More

You could file a complaint for divorce and get a summons issued. Then you could attempt to serve him at his last know address and make reasonable efforts to locate him. If this does not allow for personal service (have a process server serve him so he does not have to sign) you could then ask the court to allow for alternative service allowing you to serve by publication. Assuming the court allowed you to do this, you could then proceed to get divorced.... Read More

Georgia does not have legal separation, so you are pretty limited to filing for divorce. The house is part his, so you can't just force him to leave without some sort of legal proceeding. You need to file and request a temporary hearing. At that hearing you need to explain to the judge why you deserve to stay in the house and he should be forced to leave. These sort of actions require a lawyer with experience. I would not recommend trying to file it on your own. I would consult the lawyers.com directory and find an attorney that is based in the county you live in. ... Read More

The voluntary cohabitation of a former spouse with a third party is grounds to stop alimony. It is not automatic though. The complaining party needs to file court papers to allow the judge or jury to determine if the previous judgment needs revised.  Generally these are called "live-in-lover" laws. ... Read More