Legal Question in Family Law in Georgia

Hello. I have a (two part) family law question regarding a contested divorce. What is the basis in (DeKalb county) GA, in which someone could file marriage/child abandonment? I have a friend who has decided to file for divorce. Although living in the same home, they have been "separated" (suspend �marital relations� with the intention to divorce) for quite some time. The husband is in the process of trying to move-out and is currently completing the divorce paperwork with the intention of turning it in to the court next week. The issue is his wife has threatened that should he move-out, she will immediately file an abandonment warrant on him. She is basically holding him "hostage", using the threat as a way to keep him from moving out/filing the divorce. Upon moving out, he would still provide financial support for the children and home and be actively involved in their lives (if she allowed)... so he doesn't think that wouldn't qualify as an abandonment. Part-one of the question is would this warrant have any legal standing? Would the warrant be immediately set in motion (i.e.: he could get arrested), or is it a process where she would need to prove abandonment prior to an arrest warrant being set? Part-two of the question... does he need to go ahead and file the paper before moving out (so that there is legal proof he planned on divorcing) or should he hire a lawyer first?

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia

Looking for something else?