Kandi Burruss Divorce: Custody, Prenup Fights in Georgia Court

RHOA Star Kandi Burruss and Todd Tucker Are in a Full-Blown Divorce War. Here Is What Georgia Law Says About the Key Issues.

What started as an amicable-sounding celebrity split has quickly escalated into one of the messiest high-profile divorces in recent memory. As reported by Reality Tea, TMZ, and Urban Belle Magazine, former Real Housewives of Atlanta star Kandi Burruss and her estranged husband Todd Tucker are now locked in a bitter legal battle over custody, child support, finances, and the validity of their prenuptial agreement.

According to court documents obtained by multiple outlets, Burruss alleges that Tucker has been living rent-free in her Atlanta guest house, contributing nothing toward utilities, lawn care, or even the alarm system, all while failing to provide child support for their two children, 10-year-old Ace and 6-year-old Blaze. Tucker fired back in his own filings, claiming Burruss orchestrated his removal from the main home by having family members relocate his belongings without consent and that she is now trying to weaponize a financial arrangement she herself created. Both sides are now seeking sole custody, and Tucker is challenging the prenuptial agreement they signed before their 2014 wedding.

As a legal commentator, I am not going to weigh in on the specific strategies of either party in this ongoing case. But the legal issues at the center of this divorce touch on questions that thousands of Georgia families face every year. Let us break them down.

The Prenup Challenge: What Does Georgia Law Require?

One of the headline-grabbing elements of this case is Tucker's challenge to the couple's prenuptial agreement. According to reporting from The Shade Room, Tucker has questioned the validity of the prenup. The Root reported that Tucker alleged he was "pressured" into signing it and did so without legal representation before the wedding.

In Georgia, prenuptial agreements (formally called "antenuptial agreements") are governed by specific statutory requirements and case law. To be enforceable, a Georgia prenup must meet several criteria:

• It must be in writing and signed by both parties.
• It must be attested by at least two witnesses.
• Both parties must have signed voluntarily, without fraud, duress, or coercion.
• There must have been full and fair disclosure of each party's financial situation.
• The agreement cannot be unconscionable or grossly one-sided.
• Both parties must have had the opportunity to consult with independent legal counsel.

Here is where it gets nuanced. Georgia law does not require that each party actually retain an attorney. It requires that each party had the opportunity to do so. As one Georgia family law resource explains, "you don't have to take advantage of the opportunity" to consult an attorney, "you merely have to be afforded that." Simply claiming you did not have a lawyer is not, by itself, a winning argument. The question the court will ask is whether the opportunity was genuinely available and whether the signing was truly voluntary.

Georgia courts evaluate prenup challenges using a framework outlined in cases like Sides v. Sides: Was the agreement obtained through fraud, duress, or mistake? Is it unconscionable? Have circumstances changed so drastically since execution that enforcement would be unfair? Importantly, the party seeking to enforce the prenup bears the burden of proof in Georgia.

The takeaway for anyone reading this: if you have a prenup, the details of how it was executed matter enormously. Timing, disclosure, witness attestation, and the opportunity for independent counsel can all make or break enforcement down the road.

The Custody Battle: What Georgia Courts Actually Look At

Both Burruss and Tucker are now seeking primary or sole custody of Ace and Blaze. Tucker's argument, as reflected in court filings reported by multiple outlets, rests largely on the claim that he has been the day-to-day parent while Burruss has been performing on Broadway in New York City. Burruss counters that Tucker's social media posts portraying himself as a devoted father are misleading and that she has been the one shouldering the children's expenses, even while working out of state.

Under Georgia law (O.C.G.A. 19-9-3), there is no presumption favoring either parent in custody disputes. The court's sole focus is the best interest of the child. Georgia judges consider a broad list of factors, including:

• The emotional bond between each parent and the child
• Each parent's capacity to provide love, guidance, and stability
• The stability of each parent's home environment
• Each parent's involvement in the child's education, medical care, and daily life
• Each parent's willingness to encourage a relationship with the other parent
• The child's community ties, school, and established routines

A parent's temporary out-of-state work does not automatically disqualify them from custody. Georgia courts look at the full picture, including who has historically been the primary caregiver, who is arranging childcare, who is paying for expenses, and who is fostering (rather than obstructing) the children's relationship with both parents. The state's express policy is to encourage continuing contact with both parents after a separation.

For younger children like Ace and Blaze, the children themselves do not have formal input. Georgia law allows children aged 14 and older to select which parent they wish to live with, and children 11 to 13 can express a preference that the court considers with less weight.

Child Support and Financial Disputes During Divorce

Burruss's filings allege that Tucker has not contributed to the children's tuition, school fees, medical needs, or other expenses since she filed for divorce in November 2025. Tucker denies abandoning financial responsibility and says the parties previously divided costs by agreement.

This is an extremely common flashpoint in Georgia divorces. Once a divorce is filed, either party can petition the court for a temporary order establishing child support, parenting time, and financial responsibilities while the case is pending. That is exactly what Burruss appears to have done by requesting an urgent hearing on these issues.

Georgia calculates child support using an income-shares model that considers both parents' gross incomes, the number of children, health insurance costs, childcare expenses, and the parenting time split. The court has wide discretion to set temporary support to maintain stability for the children during litigation.

The lesson here applies to anyone going through a Georgia divorce with children: do not assume informal agreements will hold up. Get temporary orders in place early. Courts want to see structure, and judges do not look kindly on either parent who appears to be shirking financial responsibility during the pendency of a case.

The Living Arrangement: Can a Spouse Stay in a Property They Do Not Own?

Burruss claims the Atlanta guest house where Tucker resides is her separate property, purchased before the marriage. Tucker says the arrangement was not his choice and that Burruss directed his removal from the main home.

In Georgia, property owned before the marriage is generally considered separate property, though it can become more complicated if marital funds were used for mortgage payments, renovations, or upkeep during the marriage. Courts can issue temporary orders addressing who resides where during a divorce, and either party can ask the court to address the living situation if it becomes contentious.

This is a reminder that during a Georgia divorce, the status quo can shift quickly once motions start flying. If you are in a similar situation, whether you are the property owner or the spouse living in the property, seek legal guidance before making unilateral decisions about the living arrangement.

Practical Takeaways for Georgia Residents

1. Prenups are powerful but not bulletproof. If you are getting married, ensure your prenuptial agreement meets all of Georgia's formal requirements: written, signed, witnessed, with full financial disclosure and the opportunity for independent counsel. If you are facing a divorce with a prenup, understand that challenges based on duress, unconscionability, or changed circumstances are taken seriously by Georgia courts.

2. Custody is always about the children. Georgia courts have no presumption favoring mothers or fathers. The best-interest-of-the-child standard governs everything. Document your involvement in your children's lives and demonstrate a willingness to co-parent.

3. Get temporary orders early. Do not rely on handshake deals about child support or parenting time once a divorce is filed. Formalize arrangements through the court to protect yourself and your children.

4. Be careful on social media. In an age where every post can become an exhibit, what you share online during a custody dispute can and will be scrutinized.

5. Consult a Georgia family law attorney. Every case is different. An experienced attorney can help you understand your rights and obligations under Georgia law and develop a strategy tailored to your specific circumstances.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.