770-609-1247 | Divorce and Family Law Blog
Questions To Ask Your Roswell Divorce Attorney
1. What type of divorce should I file? Georgia law allows you to file for divorce under a no fault clause, meaning that you are seeking separation due to irreconcilable differences. You can also choose between filing an uncontested and contested case. Your lawyer will be able to help you decide which type of case will work best contingent upon your description of the circumstances. 2. Are my goals achievable? This is an important question you should not neglect to ask; sometimes you could be so adamantly set on pursuing a certain set of goals...
read moreJurisdictional Defenses for Divorce and Family Law Cases
Jurisdictional Defenses in Georgia divorce and family law cases present obligations and opportunities that, if properly handled, can result in a cost effective victory in preliminary matters that may set the tone for the final outcome of your case. It is important that your have an attorney that is well versed in jurisdictional defenses whether you are the defendant or the plaintiff. Improper Venue or Jurisdiction If you have been served with divorce, and do not invoke a jurisdictional defense in your counterclaim, you will not be afforded...
read moreWhat is a Domestic Relations Financial Affidavit?
The Domestic Relations Financial Affidavit, which is also abbreviated as DRFA (Sample Form), is typically filled out before a Georgia divorce or family law case starts. The Georgia Domestic Relations Financial Affidavit is specifically required and outlined in the Georgia Code under the Uniform Superior Court Rules of Georgia: Rule 24.2. Financial Data Required. It is used to summarize the current income, financial assets, and expenses of an individual to proceed with a divorce settlement. It provides full financial disclosure from both...
read moreWhat is Alimony?
When the topic of divorce comes up it is usually followed by words like child support, custody and alimony. When a married couple decides to get a divorce the assets they once shared are normally divided up. In some cases a spouse may experience a sudden decrease in income that was previously shared. Alimony is called for when one spouse has less income than the other and they find themselves in need of financial support during the divorce or after. As defined by the Georgia State Bar, “Alimony is payment by one spouse to the other for...
read moreChanging a Child’s Name Following Divorce
Traditionally, in the State of Georgia the courts respect that a father has a right to maintain the same name as his children so long that he is actively involved in a parental role for the children. For the most part today’s judges still uphold it is in a child’s best interest to be identified with their father and therefor maintain the father’s last name for the child absent persuasive facts and evidence. However, there are particular circumstances where this may not necessarily be true and the child’s name can be change from that of...
read moreDo’s and Don’ts for Property in Divorce
Property in a family law or divorce case is one of the second most frequently contested issues in divorce following child custody. Marital property is the property that will be equitably divided in a Georgia divorce; however that property is not just limited to the property acquired prior to the divorce filing. Property acquired during the divorce proceedings may also be taken into consideration as joint marital property and may also be equitably divided between the parties. It is imperative during a divorce to maintain status quo and retain...
read moreDivorce and Family Law – The Basics of Discovery
Interrogatories: Written questions from Plaintiff to Defendant or from Defendant to Plaintiff. These questions are drafted by the lawyers of each party and are sent by mail; a response in writing 30 days from the date they were received is required. Interrogatories can be served before or after a deposition, or both. Although discovery can be requested of non-parties through the use of subpoenas, you cannot serve interrogatories to third parties. According to O.C.G.A. §9-11-33(a)(1), the total number of interrogatories is limited to fifty,...
read moreWhat is an Election of Child Custody?
When deciding on child custody issues, the court will take in to consideration all factors pertaining to the wellbeing of the child. Any and all decisions will thus be rooted in what the court believes is in the best interests of the child. Starting at age fourteen, the court will take into consideration the wishes of the child, but can overrule them if it believes the child’s election will not work in his/her best interest. In fact, in 2008 the law was amended so that the judge need not find the elected parent “unfit” in order to overrule...
read moreWhat happens when I file a Protective Order?
After the petition is filed, you will see a judge who may award you a temporary protective order before a set hearing. The hearing will take place within thirty (30) days after filing your petition. At the hearing, the judge will hear both your statement and the statement of the accused party and will then decide whether to grant a Temporary Protective Order and for how long, up to twelve (12) months. Follow Danny Coleman on...
read moreHow do I apply for a Protective Order?
Applying for a protective order requires filling out a document that will state the details of what has transpired and what you want the court to do about the occurrence. If you need help filling out this document, you can seek aid from someone in the Clerk’s Office (where you obtain the form), a domestic violence shelter advocate, or victim/witness advocate. Follow Danny Coleman on...
read moreWill I Have to Go to Court for My Divorce?
Most couples that file an uncontested divorce do not have to attend any formal hearings or trials. Instead, they file paperwork with their lawyer and then wait to hear back. In a contested divorce, however, the norm is that you will have to go to court. This does not have to be the case should there be successful mediation which leads to agreement between the parties. However, usually a contested divorce case mandates a temporary hearing at the very minimum. This hearing is to decide on the state of affairs throughout the divorce process and...
read moreWhere Will My Attorney File My Divorce Case?
This is a question we are often asked in consultations. The answer is not always easy – and the answer is related to the concepts of: jurisdiction and venue. All divorce and family law cases filed in Georgia are filed in Superior Court (as contrasted with Magistrate, State, etc.) However, the actual county / state the case should be filed can usually be determined by the general guidelines outlined below. A divorce is generally filed in the county where the defendant resides. For example, if the wife in a case is filing divorce against her...
read morePrenuptial Agreements in Georgia
Check out our new website about prenuptial agreements in Georgia: http://www.prenuptial-agreements-georgia.com
read moreSaturday and Evening Appointments Available
That’s correct; just call us at 770-609-1247 to schedule a Saturday or Evening appointment. Thank you for reviewing our site.
read more
Danny Coleman, MBA, Attorney
Susan Martin, PE, MBA, Attorney
