Atlanta Family law

The state of Georgia does not recognize common-law marriages. In truth, most states are slowly disallowing this type of union, and in the future, eventually, they will be a thing of the past. However, this does not mean common-law marriages do not exist in Georgia in some capacity. Common-law marriages created before January 1st, 1997, or those created in a different state that recognizes common-law marriages will be honored in Georgia if specific criteria are met. An attorney’s guidance is the best way to ensure you and your partner meet these requirements. Reach out to us today for assistance in determining the validity of your common-law marriage.

What Are the Requirements for Common-Law Marriage in Georgia?

In Georgia, there are four requirements for common-law marriages to be validated. These four requirements are:

The parties must have the ability to contract.

There must be a contract — in a common-law marriage, the contract is the agreement between both parties to present themselves as married in the public eye and to live together as husband and wife.

There must be a consummation of the marriage under the law.

The marriage must have been established before January 1, 1997.

These requirements are the same as traditional marriages, with the exception of needing to be created and established before a specific date. Consummation, in this sense, refers to cohabitation, although there is no set length of time necessary for the couple to have lived with one another.

What if My Common-Law Spouse and I Moved From Another State?

While Georgia does not recognize common-law marriages, it cannot ignore the laws of other states. If you and your spouse have a valid common-law marriage from another state and move to Georgia, Georgia must honor it. However, these types of unions across America are quickly becoming a thing of the past. Eventually, they will not be recognized by most if not all states in the union.

If you and your common-law spouse have moved to Georgia from another state and need help navigating the legal process of having your marriage recognized, contact us today for assistance.

Let Us Help You

If you believe you have a strong claim for common-law marriage in Georgia, your next step should be to contact an attorney. We can help you determine if you meet all the necessary criteria and then help with the procedures involved in validating your union. Or, if you have a valid common-law marriage and are considering a divorce, we can also assist you with that. Please get in touch with us at 404-738-5805 or online to book a consultation. We are here to help.

Child support is one of the most important aspects of a divorce when children are involved. Whether it is you or your spouse paying for it, it is important to know all the details surrounding it and to have a good grasp on your rights. Your first question will most likely be: how are the payments calculated?

In Georgia, the calculation of child support is based upon Georgia’s Child Support Guidelines and is at the presiding judge’s discretion. While the guidelines are important, the judge has plenty of flexibility, and it is ultimately up to them to make the final decision. For this reason, it is important to have the right attorney in your corner fighting for your rights as a parent. You need a strong team in your corner, and we can be that team.

What is Child Support?

Child support is the monthly payment the noncustodial parent makes to the parent with primary custody. This payment is to be used for food, shelter, clothing, medical needs, and other basic essentials the child needs. These payments can last for many years as they proceed until the child is 18 (or 20 if the child remains in high school after they turn 18 — whichever comes first), so it is important to understand your rights fully and to have a good attorney back you up.

What Factors Are Considered When Calculating Child Support Payments?

While there are a great many factors involved with the decision-making regarding child support payments — from which parent will pay, to how much they will pay, and to how long — we can break down a few of the most prominent for you to have a better understanding of how this process is configured. Some factors include:

• Whether the child has special needs.
• The income and employment situation of each parent.
• The presence of current custody agreements.
• The age of the children involved.
• Whether either parent has children from other relationships.

How We Can Help

Like every family, every child support case is unique and complex. Since child support payments can last for many, many years, it is essential to have the right team behind you fighting alongside you to keep and maintain your rights as a parent. We have dealt with all sorts of child support cases for many years, and we know we can help you on this journey. Please, contact us at 404-738-5805 or online to book an initial consultation. We are here to help, always.

Deciding on whether to sign a Prenup is a big decision and one that you should not take lightly. When two people come together in marriage, they share not just their lives but their cash, properties, bonds, assets, and more.

In highly contested divorce cases, the most contested aspect is property division. A Prenup can simplify this complex process by simplifying matters such as alimony, shared debts, and the dividing of assets. If you are considering whether or not a Prenup is right for you and your spouse, you will understandably have big questions such as: do I need to involve my spouse in this decision? Please keep reading and allow us to clarify this for you.

What is a Prenup?

A Prenup (or Prenuptial Agreement) is a contract one enters with their spouse before marriage. It outlines, in the event of divorce, the dividing of assets and property, the handling of debts, and other messy financial issues. It can also help determine whether one spouse will pay the other alimony upon the ending of the marriage. On the other hand, in marriages with high net worth, Prenups can also help during the marriage.

During a divorce, regardless of the presence of a Prenup, your properties, assets, and debts will be divided, and your finances split. Without a Prenup, state law will determine these things for you. With a Prenup, you and your spouse can make arrangements that suit both of you and that are mutually beneficial.

Does My Spouse Need to Know?

In short: yes. Prenups must be agreed upon by both parties and list the assets, items, and other properties each party will receive in case of a divorce. It will also outline the splitting of your respective financial lives. Both you and your spouse will work with your lawyers in outlining and agreeing upon the terms therein, and both of you will have to sign showing complete understanding and agreement.

Let Us Help You.

Whether or not you have a Prenup, a divorce is never fun. It can be a rocky and challenging journey to travel, especially without the right team in your corner.

We can walk you through the creation and implementation of your Prenuptial Agreement and find a path forward that works best for you. To learn more about Prenups and advice on whether one is right for you, please contact us at 404-738-5805.

A prenup — Prenuptial Agreement — is a legally binding contract between you and the person you intend to marry. The main idea of a prenup is simply to outline the division of assets, finances, and properties in the event of a divorce.

Once a prenup is signed by both parties and their witnesses in the state of Georgia, family courts will recognize it as a legally enforceable contract. In the event of a divorce, the court will enforce the prenup except in rare circumstances such as:

• One party obtained the agreement through fraud
• One or both parties misrepresented or refused to disclose facts
• The agreement is so unconscionable that the court cannot reasonably enforce it

These reasons are why it is important to have the right attorney in your corner to protect you and your rights during the drawing of a prenup.

Is a Prenup Right for Me?

Contrary to popular belief, prenups are not just for those with high net worth. Prenups do a whole lot more than deciding on the splitting of financial assets. Besides the well-known aspects of a prenup such as property, finances, and debts, they can also be used to outline the custody of shared pets, whether a retirement fund is up for negotiation, and they can also state whether one party will pay the other alimony and if so, how much the payments will be. A good prenup can also help a couple avoid the long process of property division, thus saving them money on attorney’s fees they’d pay in a divorce.

So whether or not your marriage is one of high net worth or not, a prenup is a smart decision to help protect you, your rights, and what is yours. With the right attorney, this process can be made easier and with less stress on your shoulders.

Is a Prenup Set in Stone?

People change — that is the nature of life. And when people change, so do their wants, needs, and values. This means that sometimes what one person wanted or needed in the past may have changed; therefore, what is outlined in the prenuptial agreement may also need to be changed, altered, or removed. In Georgia, you generally have the right to alter your prenup at any point after signing but before a divorce.

We Can Help You.

We can help you by offering our years of expertise and guidance if you are considering creating a prenup. You can rest assured that we will work tirelessly to get you the best possible outcome. Please, reach out to us today at 404-738-5805 or online to book your consultation.

Divorces can be messy and stressful, even more so when children are involved in the marriage. It can be hard enough to split your entire financial life from your spouse and to divide your assets, but what about your child? Protecting your rights as a parent will undoubtedly be your top concern, and rest assured — it will be ours, too.

50/50 Custody is the splitting of time with the child between both parents equally, where one parent does not get extra time spent with the child over the other. This is often the most sought-after solution when both parents are willing and capable, as it assures the child will get ample time with both parents.

How is Custody Decided?

One of your questions may be — how is my time with my child decided by the court? Many variables come into play when determining custody, such as the developmental stage and level of the child, the financial readiness to care for a child and the mental capacity necessary to do so, which parent the child prefers (generally for older children), and what is in the best interest of the child.

In some situations, custody can be decided upon amicably by the parents. Other factors will be considered in instances where this is not capable, such as living arrangements, total income, and relationship with the child. We will help you navigate this difficult road with your and your child’s best interest at heart.

What Can I Do?

In a perfect world, custody decisions can be negotiated and agreed upon peacefully and easily. However, we know that this world can be far from perfect, and in some cases where this is not possible, it helps to build a strong case for yourself. We will work tirelessly and vigorously to help you form the best argument possible to tip the scales in the right direction. Every variable will be considered when we build this case for you, and you can rest easy knowing that we will do everything possible to help you and your child reach the resolution you all deserve.

We Are Here to Help

Regardless of the situation, it is best to act swiftly regarding custody cases. We can help you organize and build the strongest case possible to help you retain and protect your parental rights.

Your child is your life; this we know. As daunting as the path ahead may sometimes feel, know that you can and will receive the help and guidance you need. Please contact us at 404-738-5805 or online to schedule a consultation.

According to the law, spouses are entitled to an “equitable” share of the marriage properties in Georgia. This does not mean each spouse will be given an equal share but a “fair” split between the two. This means that in the event of a divorce, a judge will consider both parties’ financial and non-financial contributions to the marriage and will try to strike a fair balance.

However, Separate Properties (properties owned prior to marriage) will stay under the original owner’s ownership.

Read on to learn how your properties will be divided between you and your spouse and how you can protect yourself.

How Will Our Properties Be Divided?

Georgia is an “equitable distribution state,” meaning all assets, finances, debts, properties, and others will not be divided in a 50/50 split — they will be equitably distributed by a judge based on the contributions made by both parties. This does not just mean financial contributions. Judgment is also made based on non-financial contributions, including but not limited to home maintenance, caring for and attending to the children, cooking meals, and other general caregiving roles.

A marriage is more than the money invested into it, and we know this. We can assure you that we will always do what is in your best interests, and we will work tirelessly to get you a fair share of what is yours.

How Can I Protect Myself?

Whether you are currently navigating a divorce or seeing one on the horizon, you may now be asking: what can I do to protect myself, and what is mine? Before the marriage takes place, a Prenup is an excellent method of securing your finances, assets, and properties in a divorce. Without a Prenup, you may feel like a fish out of water.

That is where we come in. We can help you build the strongest case possible and put your best self forward. Divorces can be complex, long, and messy — but help is available to you, and we can guarantee our absolute dedication to you and your journey.

Whether financial or non-financial, we will ensure every one of your contributions does not go unnoticed and is appreciated.

Let Us Help.

Allow us to take some of your worries away. We can do all the heavy lifting for you and help you rest easy at night, knowing you have a strong team in your corner who care about you. Contact us at 404-738-5805 or online now to schedule your consultation.

While we hope you never find yourself in a position where a Restraining Order — Protective Order in Georgia — is necessary, we are here to guide you through the process.

You must first file a petition for a Temporary Protective Order. Under the State of Georgia’s Family Violence Act, filing a petition for a Protective Order is at no cost.

After filing, you will be required to appear in court within 30 days to present your case to a judge. This is where we come in — we can help you build the strongest case possible and ensure you receive a fair judgment.

If the court issues the Protective Order, the recipient is then served with the order by the sheriff’s department. The order’s expiration date will be 6 to 12 months from the date served.

This process may seem daunting, and rightfully so — please, read on to see how we can help you through this difficult time.

What Is a Restraining Order?

A Restraining Order — Protective Orders in Georgia — is a temporary court order that prohibits an individual from carrying out an action, such as contacting or approaching a specific person. They can be issued and used in various circumstances such as harassment, domestic violence, stalking, or threatening. We wish you never have to go down this road, but we are here for you the entire way. You are not alone.

Types 0f Protective Orders in Georgia

Now you may be asking, “what kind of Protective Orders are there?” In the state of Georgia, there are three types of Protective Orders:

Family Violence Protective Orders serve to protect a victim of domestic abuse from the perpetrator of the abuse.

Stalking Protective Orders protect the victim in cases where they have been followed, surveilled, or threatened without their consent.

Employer Protective Orders are for victims of workplace violence where their employer has committed or threatened an act of violence against them.

We can help you determine which one is right for your situation.

We Can Help

Rest assured, no matter your reasonings for filing a Protective Order; we can help you navigate the road ahead. Whether it is to help determine what type of order is right for you or to help build your strongest case possible to ensure you are treated fairly, we can take you through the entire process with guidance and patience.

Contact us at 404-738-5805 or online to schedule a consultation. We are here to help you.

The divorce process in Georgia can be rather daunting, particularly when children are involved.  Before your divorce case is filed, you need to know that there are two bodies of law involved in every divorce action:  substantive law and procedural law.  This article, and those in this series, will focus on basic procedural law – the system of court rules that must be followed for the substantive law to be declared and enforced by the court.  Once you’ve read these materials, you’ll have a clear understanding of how family law cases travel through our Georgia court system.

For quick reference, here is a short summary of the steps involved in a divorce:

GENERAL OVERVIEW OF LITIGATION PROCESS

Phase 1: Draft Pleadings, File Suit, and Notifying the Other Party

In divorce cases, there is a 31 day “cooling off” period starting on the date that the Petition for Divorce is served on the opposing party.  The parties cannot be divorced prior to that 31 day period, but they can be divorced anytime after that.

 Phase 2: Discovering Information and Motions

During the pendency of the case, various matters may be heard by the Court or the parties may conduct various activities in the case.  This is where the bulk of the case will be and the time it takes varies case by case.

Examples:

Temporary Orders (a/k/a the ground rules during the litigation) (see below)

Discovery (including written requests for information, depositions, and subpoenas)

Social Study or Custody Evaluation

Phase 3:  Temporary Hearings

In some cases, it may be necessary to set a temporary hearing to decide temporary issues, such as support, custody, and time sharing.  During a temporary hearing, the parties may only present one witness for testimony, other than themselves.  However at the temporary hearing, witness affidavits may be presented to the court to put forth evidence that supports their claims and allegations in the litigation.  Prior to the temporary hearing, a preparation appointment will be scheduled with you and the attorney who will be conducting the hearing on your behalf to prepare testimony and hearing exhibits.

Phase 4: Negotiations

Once sufficient information is gathered, the parties and/or their attorneys may attempt to negotiate terms for settlement or trial.  Mediation is usually required prior to trial.  During mediation, the parties and their attorneys will meet with an independent third party to determine if a settlement of the litigation may be reached prior to trial.  The mediator does not represent either party, and any settlement offers made during mediation are confidential and may not be disclosed at trial if no settlement is reached.

Phase 5: Finalization

If an agreement is reached, then the parties will coordinate a final order (Final Decree of Divorce or Final Judgment) to be submitted to the judge for signature.  A short hearing or a motion for judgment on the pleadings is required in divorce cases.  Only one party (usually the Petitioner – the person who filed for the divorce first) must attend, but both parties may attend.  In custody modifications, legitimations and paternity actions, no such hearing is typically required if the parties have reached a full settlement and agreement.

If an agreement is not reached, then the parties will set a trial date.  The trial will either be a bench trial (in front of a judge only) or a jury trial.  Only limited issues can be presented to a jury in a family law case, so jury trials are rare in family law.

Once a final order is entered, your file will be closed.  As a continuing service to our clients, we generally conduct an exit interview with the client prior to closing the case.

Phase 6: Appeal

If a person is unhappy with part or all of a judge’s or jury’s decision, then he or she has the right to appeal the decision to a higher court. Appeals are expensive and time consuming.  Most family law cases are not appealed for those reasons.

However, if a person wants to appeal, he or she must do so within certain timeframes and specific deadlines and must pay for all of the trial testimony to be typed by the court reporter. The attorneys for each side must also submit legal arguments and briefs.  This can cost thousands of dollars.  The appellate court judges read all of this and then make a decision. Again, this is expensive and takes an average of two (2) years.

Phase 7: Post-Litigation Options

Once a final order is entered, it is not necessarily set in stone.  Issues concerning children can still arise over the next few years, so the court system allows for modification of terms regarding child support and visitation and for enforcement of court orders when one of the party is violating them.  Feel to ask us questions you may have about these matters.

In short: no. Georgia is not a common-law state in that this state no longer allows the creation of common-law marriages as of January 1st, 1997. However, common-law marriages meeting specific necessary criteria can and will be honored in Georgia if all said criteria are met. The best way to know if you and your partner meet these requirements is with the assistance of an attorney.

• The four requirements for common-law marriage in Georgia are:
• The parties must have the ability to contract.
• There must be a contract.
• There must be a consummation of the marriage under the law.
• The marriage must have been established before January 1, 1997.

These requirements are generally the same as those of traditional marriages, save for needing to be established before a specific date. If you believe you and your partner have a valid case for common-law Marriage in Georgia, please contact us and allow us to help you determine if you fit these requirements.

What does “Common-Law Marriage” Mean?

Common-law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized in ceremony. Understanding what a common-law marriage is and is not can help one navigate the sometimes murky waters of marriage and divorce.

Each state has its own laws regarding whether or not they recognize common-law marriages, and among those states that do recognize them, not all have the same laws and regulations. This means that couples in common-law marriages can sometimes experience difficulties moving between states with differing common-law marriage laws.

Will Georgia Recognize An Existing Common-Law Marriage?

Yes, Georgia will recognize common-law marriages that were created either out of state or before January 1st, 1997. Georgia cannot ignore the laws of other states and must honor common-law marriages made in states that recognize them. Although most states are discontinuing this type of marriage, in the future, these types of marriages will eventually become invalid. Contact us for assistance in having your out-of-state common-law marriage recognized in Georgia.

How We Can Help You.

As you can see, common-law marriage rights are sometimes confusing in Georgia. If you believe you have created a common-law marriage before January 1st, 1997, that fits all the requirements, or you and your partner recently moved to Georgia with a valid common-law marriage from another state, you should consult an attorney. You can contact us at 404-738-5805 or online to book a consultation. We are always here to help you.