Cornelia, GA Divorce Law Firms & Lawyers

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.

With regard to the house, as this is the marital residence, he has the same right to be there as you. You cannot keep him out unless you file for divorce and obtain a court order for exclusive use. As for the child, when you say you both have legal custody, but the child is not of the marriage, you need to be sure you are correct about that. If the child was born during the marriage, it is presumed marital, but you can challenge that on divorce. If he is keeping the child from you, you can file for divorce and inform the court of his actions. Courts do not like such behavior.

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.