Many people think about divorce for years before finally calling it quits. And it is natural to want to "get it over with" as quickly as possible. Divorce is an emotionally painful, unpleasant process. It's sad to think of an end to a relationship that you hoped would last forever.
This blog is for informational purposes only and is not intended as legal advice. Much of what happens at trial is case specific and no two cases are identical. The following posts address how courts typically address such common situations. If you are seeking advice for an ongoing or future case, please feel free to contact us to discuss how the law may apply to the facts in your particular case.
Dependency cases in Georgia, formerly referred to as deprivation cases, are intended to children from abuse and neglect. Private dependency cases can be initiated by a relative, caregiver or other concerned person who files Petition with the Juvenile Court alleging that a child is being neglected, abus...
In Georgia, there are two types of Temporary Protective Orders, also referred to as Restraining Orders and TPOs in Georgia. A Family VIolence Protective Order protects individuals from family violence. A stalking protective order protects you from non family surveillance, harassment or intimidation. TPOs have serious implications and you should seek legal counsel immediately if a TPO has been issued against you or if you seeking a TPO against another person.
Grandparents often play a vital role in the raising a child. And in some cases, the grandparent takes over in place of a mother or father and ends up raising a grandchild. Grandparents typically step in when parents are unable or unwilling to care for the child because of death or disability. ...
Ever wonder where to start when your love runs out of gas? Counseling? Divorce? Private Investigator? Keystroke logger? GPS Tracking device? Make nice or turn into a raging lunatic? Mistakes leading up to or during a divorce are often worse than doing nothing at all. Don't overreact. Some marriages survive the most unimaginable horrors. Others disintegrate over the slightest misdeeds.
Domestic Violence is all too real and often takes place behind closed doors when no one is looking. Protect yourself and your family by filing an Ex Parte TPO in Superior Court that will be served on the perpetrator within 24-hours of obtaining the TPO. The Court will then schedule a hearing when each party will appear and have an opportunity to present evidence.
Courts take a dim view of drug usage these days. Though legal, alcohol should not be consumed if you are in a custody battle. And while there are several states that have already legalized marijuana, it's still illegal in Georgia and will only hurt your chances of getting child custody. And the more serious drugs, such as cocaine and meth, are even more of an issue to Judges in Georgia. If you use cocaine, meth or heroin, you will likely have to have to supervised visitation, if any. Children deserve to be raised by competent, alert and attentive parents. Using mood altering substances reflects poorly on your decision making and commitment to raising healthy and balanced children. Do yourself and your children a favor and steer clear of anything that isn't 100% clean and natural during a custody case. Even CBD oil and some prescription drugs (such as pain medications and diet pills), should be avoided during a custody case unless absolutely necessary. If you can function without them, and your doctor approves, stop taking them while you are in a custody case.
Anyone who sits through a hearing in family court is likely to hear one of the parties suggest a “pretrial” with the Judge. Many attorneys love pretrials and jump at the opportunity for a pretrial, which means they are less likely to have to present their entire case at trial. You, as a client, may object to pretrials with the Judge.
Georgia laws on the payment of private school tuition costs after divorce are often in the hands of the judge. Make sure you understand how judges look at private school and clearly specify how private school costs will be paid in any Settlement Agreement and Final Order.
Many people enjoy a glass or wine, couple of beers or mixed drink as a daily form of relaxation after a day of work. While many people think of such drinking as innocent, such drinking can often become the centerpiece in a divorce. Beware that even innocent social drinking can be exaggerated to appear as a significant drinking problem that causes issues in a divorce. Avoid all alcohol and do not go to bars or other venues where people are drinking during your divorce.
Avoid the temptation to tell little white lies in court unless you want to come across as a liar. Judges have been there and seen it all. Judges know when someone is exaggerating the facts, distorting the truth, spinning a story to sell their case. Be honest and you will gain credibility with a Judge and get a better outcome in court.
Commissions, Bonuses and Overtime, even though intermittent, are included in income when calculating child support and alimony. Unless your income actually decreases for a sustained period of time and you can show that it wasn't through any fault of your own, your child support and alimony will be based upon your wages, including your commissions, bonuses and overtime pay.
In Georgia, every case has to be mediated before trial. Don’t try to cut corners or rush to end mediation. Make sure you have a well-written, comprehensive settlement agreement addressing all issues in your case. If you reach agreement at mediation, you want to walk out the door with a binding and enforceable settlement agreement.
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If you are in a custody case, prepare for battle… Custody cases are no picnic. They tend to bring out the worst in people and they are very difficult on children, who oftentimes feel like they are caught in the middle. Before you take the plunge, think about the following: 1. Conduct counts. ...
When looking for a Marietta, Georgia family law attorney, think outside the Square. Don't limit your choices to lawyers with an office in Marietta. Your best choice may be a lawyer outside the Square who practices family law regularly in Marietta rather than limiting yourself to lawyers who have offices in Marietta.
Debts Incurred During Marriage Are Considered Marital (Joint) Debt Worried that you will be stuck with all of the credit card or other debt in your name when you and your spouse divorce? Don't lose any sleep on that account. Debts incurred during marriage have to be equitably divided regardl...
Many people have been led to believe there is an advantage to filing a divorce complaint first. That's not the case. The difference in being the party who files for divorce and being the party is who is served with divorce papers is negligible and one thing you needn't worry about.
If you are in the middle of a divorce in Georiga, should you move out or stay in the marital home? Many people assume they need to stay in the marital home to protect their property interst in the home and furnishings. Not so in Georgia. You don't need to stay in the marital home. You can mov...