Legal Question in Family Law in Georgia
I would like to know if I need an attorney to petition the court in order to stop the alimony order based on the remarriage of my ex spouse. Or if I can just send a letter to the judge /court advising them of it.
The GA law O.C.G.A. � 19-6-5(b) says:
�All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.�
2 Answers from Attorneys
You NEVER send a letter to the Judge. That is inappropriate contact with a judge. At best it will be trashed. At worst it will get you called in for contempt.
The statute does not answer your question. Since parties are free to negotiate alimony that does NOT terminate on remarriage no one who has not seen your paperwork can answer you. Call the lawyer who handled your divorce and knows what is in the papers.
Don't send the judge a letter. Call the attorney that handled the divorce. While it seems straight forward there are different types of "permanent alimony" and wording used can have a big impact. If the alimony was awarded as a lump sum or property settlement but that was then divided out into a fixed number of payments - remarriage might not be a factor . You have got to get a call into your divorce attorney to figure out your papers.
This is general information and not intended to be specific legal advice or establish an attorney-client relationship - it is intended for educational purposes. The facts of individual cases determine how a particular case might play out in a court. If you have a pending legal matter, you need to consult an attorney directly.