If you and your ex have not yet come to an agreement on how to resolve your separation, you are likely to begin the process as a contested divorce. This is the process where a divorce is filed with the Court until either an agreement can be reached or a trial is necessary. This process can include hearings before the Court, mediation, discovery, negotiations, and other steps in order to meet the needs of your case.

If you have already worked out an agreement as to how to resolve the issues surrounding your separation, but want an attorney to ensure all the paperwork is correct, and to look over the terms to save you costly headaches in the future, you may be ready for an uncontested divorce. An uncontested divorce can be granted 31 days after the filing of the necessary documents with the Court.

If your marital estate contains significant assets, there may be complex terms or negotiations needed to adequately address their division. This may include businesses, complex retirement assets, trusts, or other assets which require special attention.

Service members and their spouses have special benefits and rights which require special attention. This includes special rules on how to determine income of active-duty military to determining how to factor in VA Benefits, pension, TSP, or other possible benefits. Our team has experience in assisting in all of these issues, including that attorney Savannah is a proud wife of an army veteran.

Minimizing the impact of a separation for minor children is a high priority for many families. If you have children who are minors at the time of the divorce, you will need a parenting plan that determines both physical and legal custody of them.

Physical custody is what typically comes to mind when thinking about a custody lawsuit. Physical custody defines when the children will be under the care of each parent, considering a routine schedule, summer schedule, and holiday schedule.

Legal custody is the rights to participate in decision making and ultimately made decisions for the Children. While legal custody is usually joint between parents, there must be a determination of a tie-breaking decision maker in the areas of education, non-emergency medical decisions, religion, and extra-curricular activities.

It is important to customize your parenting plan to address the terms most important for your family, which may include terms like a mortality clause, right of first refusal, communication terms, substance abuse issues, and other terms to be beneficial for future peace for your family.

In Georgia, Child Support is required to be determined in a all cases with minor children based on the Georgia Support Guidelines, including that a Child Support Worksheet must be submit. This worksheet includes mandatory terms (like parties’ income and health insurance costs) and discretionary terms (like parenting time deviations, payments of extra-ordinary expenses, and other negotiable terms). We will assist in ensuring your Children receive the support they need in both homes.

Sometimes things change, and the original plan needs updating. A final property division cannot be modified, however ongoing terms like a Parenting Plan, Child Support, or alimony may be modified if there is a substantial change in circumstances. Our team will review your current plan, discuss your circumstances, and help you determine the best path forward to ensure your family’s needs are being met by the legal documents.

If a third party, who is not a biological parent, is seeking to establish rights to minor children, an adoption may be necessary. Our firm is able to assist in step-parent or second parent adoptions to help establish those rights, including updating a child’s name, birth certificate, or other documents important to the child.

If you are looking to adopt an adult, or looking to establish a legal relationship between an adult and yourself, you can pursue an adult adoption. This process is for individuals over 18 who want to be adopted by another adult.

A contempt is the process to enforce a current court order. This can be looking for back-payments due (arrears), looking to obtain compliance with terms of an order, or seeking for your ex to be admonished or punished by the Court for not acting in compliance with the Court’s Orders. If you believe your ex has materially violated terms of your Court Order, we will fight for you in having those terms be upheld by the Court.

Before, or during, a marriage couples in Georgia have the right to reach agreements as to the management or potential division of their assets. These documents can save parties thousands of dollars and emotional turmoil in the event of a separation. This can also be a good tool in reducing conflict during a marriage, reducing financial uncertainty between couples. The most important element of such a pre or post nuptial agreement is a full disclosure of assets, and ensuring you understand your rights before signing such a document. We are happy to help you work together on building the contract for happily ever after.

**Pre and Post Nuptial Agreements cannot include terms relating to minor children born of the marriage, or the anticipation of children to be born of the marriage.

In cases where custody of minor children is contested, parents may agree (or the Court may desire) for a Guardian ad Litem to be appointed to represent the interests of the Children. Attorneys Emily and Savannah serve as Guardian ad Litems representing the interests of minor children in custodial disputes. This includes speaking to the parents, the children, witnesses, and obtaining information in order to make a recommendation to the Judge as to how to best serve the interests of the Children.

If one spouse makes significantly more than the other, and the lesser earning spouse would not be able to maintain their needs and basic lifestyle without ongoing assistance, then an award of alimony or spousal support may be appropriate. Alimony and spousal support (two terms for the same payment) is determined by the need of the party seeking to receive alimony and the ability of the paying spouse to be able to afford the alimony, on top of their other obligations. These payments are determined by agreement of the parties, or the discretionary determination by the Court - this means there is no formula or specific guidelines determining the amount or length of payments. Our team can help review your family finances with you and determine if alimony or spousal support should be a factor in your case.

Intimate Partner Violence (IPV) is all too prevalent, and is a very serious issue. In Georgia, you can pursue a special order called a Temporary Protective Order (or TPO) in order to protect you from ongoing violence. This can be in scenarios between family members (including spouses), in scenarios where parties are dating, or in cases of stalking. These cases move very quickly, and so it is important to speak with someone right away to best protect yourself.

In the event you have been a victim of IPV or abuse, or have been accused of committing abuse, it is important to have counsel who you can trust to stand by your side.

This is the process to separate your assets, determine spousal support, and even establish plans for minor children without being formally divorced. In Georgia, a divorce can be granted as quickly as 31 days in uncontested cases, and so there is no official “legal separation” status, other than through a separate maintenance action. This action may be applicable if you do not believe your marriage is without hope of reconciliation, or want to maintain insurance benefits or tax benefits, have religious reservations or restrictions, or have not been a resident of Georgia long enough to obtain jurisdiction for a divorce.

Grandchildren can be the greatest gift! Grandparent’s rights can be tricky to establish and pursue, and frequently are only granted in scenarios where the minor children are at risk of harm if such rights are not established.

In Georgia, a Mother has sole legal custody of minor children born outside of a marriage. In order to establish a Father’s rights to a child, he must formally legitimate the child, which grants the child the right to inherit from the Father, and will frequently include the establishment of a Parenting Plan and child support. If a Mother seeks to have support determined for the child, she may need to have paternity established through the Courts. The Court will consider factors such as the age of the child, Father’s involvement with the pregnancy and life of the child, and the Child’s bond with their Father.

In 2015, the Supreme Court decided the Obergefell v. Hodges case, and in doing so held that the Fourteenth Amendment requires states to license and recognize same-sex marriage. If you and your partner are looking to divorce, our team is prepared and experienced in helping you address the unique circumstances of your separation.

Not all cases end in the Courtroom!

Mediation is a process where Parties and Counsel work through a neutral (called a mediator) to help resolve your disputes. It is important to have all the information you need to be prepared to make important decisions at mediation, as this is an opportunity to retain some control over the outcome of your case and include all intricate details to give you the tools for success going forward.

Arbitration is a process where a third party is hired to sit as the Judge and determine the outcome of all or parts of a case. This process is typically less formal and quicker and may be a desirable way to reach a resolution for your family.

Our furry (or feathered, or scaled) friends can be very close to our hearts. Unfortunately, Georgia treats pets as items of personal property, meaning their best interests are not a consideration for the Courts. If you have questions about the outcome for your pet, our team can discuss your options and how to best fight for those rights.

If you have another issue not listed above that you are seeking legal advice, our team is happy to speak with you to determine if we are able to help you fight for the rights and outcome you deserve!