Winder, GA Divorce Law Firms & Lawyers

You will have to file the Complaint for Divorce with the court. You may also have to file a settlement agreement, depending on the court. Some judges make you schedule a hearing, and some don't if everything is properly filed. The clerk's office may be able to help.

That is very difficult to answer based on that information. At the least, you would be entitled to seek an equitable division of property, if there is any marital property owned between you. A court would look at factors like the income of both parties and the conduct of the parties during the marriage. It is also not clear what you would be asking in regards to custody of the child and/or child support. If you are serious about seeking a divorce, you should probably contact a lawyer to go into more detail with and get further advice.

Based on your narrative, I am confused regarding the child. ("we both have custodial rights. the child is not a product of the marriage") Are you both biological parents of the child, or just one of you? Regarding access to the rented home, he may legally re-enter the home without your knowledge or permission - just as you could do. Your rights to occupancy are equivalent. The solution is to obtain a court order granting you exclusive right to occupy and prohibiting his entry. Such temporary restraining orders are commonly issued when one party files an action for divorce in order to keep the peace and prevent confrontations. The right of access to the child can be addressed by the court as well.