Blog Category

Understanding Georgia No-Fault Divorce Law

Posted on: August 12th, 2013

If you are considering a divorce in Georgia, you probably have some substantial reasons for doing so. However, you might also have heard of something called a “No-Fault Divorce”, which is provided for under Georgia law. A practiced divorce lawyer can discuss with you whether a Georgia “No-Fault Divorce” is right for you and your particular situation, but in the meantime, here are the general principles you need to know.

Georgia law has thirteen grounds for divorce total, which will be explored in a later post, but for the time being, we will look solely at the last, thirteenth ground for divorce in Georgia. The only requirement in filing for this last ground for divorce in Georgia is an individual’s claim that their marriage is “irretrievably broken.” Therefore, it is known as a “No-Fault Divorce” because an individual does not need to show proof of any particular fault that warranted divorce.

So what does it mean that a marriage is “irretrievably broken”? According to Georgia law, one must demonstrate that there is no hope of the marriage being reconciled. This means that a spouse has to prove that the couple has no chance of working things out and staying together. But how does one spouse actually prove this? Under Georgia law, all that is required to prove the “irretrievably broken” nature of a marriage is the testimony of one spouse, which has an interesting side effect. This means that even if the other spouse disagrees, he or she cannot stop the divorce.
“No-Fault” Divorces are utilized very regularly for the very reason that they do not require proof of a specific grounds of divorce in Georgia, or, in other words, fault. If you are considering a divorce in Georgia and need a lawyer to consult with regarding whether or not a “No-Fault Divorce” is in your best interests, look for an experienced legal professional with good ratings and reviews.


Divorce in GA: 10 Reasons to Hire a Divorce Attorney

Posted on: August 12th, 2013

Going through a divorce without the help of an attorney can be challenging. Divorce lawyers are able to provide their clients not just legal help, but a friendly shoulder to lean on. To get the best legal help, always hire a local divorce attorney. For example, if you live in Atlanta it is best to hire an Atlanta divorce attorney. There are many benefits to hiring someone within your county such as ease of appointments, knowledge of local judges and knowledge of surrounding divorce lawyers and firms. But before we consider the smaller details, here are 10 reasons why you should depend on a divorce attorney:

1. Settle an agreement:
Couples who are looking into getting a divorce rarely see eye to eye. Coming up with a mutual agreement is a hard feat. Individuals going through separation may not want to give into the other’s agreement and vice versa. This ongoing tug of war could go on forever. With the help of a divorce lawyer, couples are able to come to an agreed settlement much faster.

2. Serve as a mediator for you and your spouse:
It isn’t uncommon for couples going through separation or divorce to have pent up anger, frustration or contempt for the each other. Negative personal feelings often lead to fights, adding fuel to the flame. Divorce lawyers can redirect these negative emotions by taking on the role as a mediator.

3. Help lessen the emotional stress:
Going through a divorce can be emotionally, physically and emotionally draining on individuals. By hiring a trustworthy divorce attorney, you are able to lessen your load and less part of your burden. Your divorce attorney will be there to help take care of the details, keep you focused and hold your hand throughout the process.

4. Fast divorce procedure:
When going through a divorce, the last thing any couple wants is to prolong the divorce. With the help of a reputable family lawyer, the whole process of divorce and coming up with an agreed settlement goes by much smoother and faster.

5. Determine if you getting your fair share:
A crucial part of getting a divorce is determining how to divide property, assets and so forth. Different states have different laws for how to divide property and assets. Hire a local Atlanta divorce attorney to consult you on Georgia divorce settlement procedures.

6. Help you with child custody laws:
Determining child custody is one of the most important factors for couples going through a divorce. An experienced family lawyer in GA will help you determine and fight for your rights as a parent.

7. Inform you of what you are entitled by law:
Getting a divorce in GA, you may be entitled to more than just marital assets.A knowledgeable attorney will inform you of everything you are entitled to by Georgia law.

8. Go over important legal documents:
To file for divorce in Georgia, you must submit and fill out the right legal documents for your local court to approve. Hiring a divorce attorney can help you keep track of these forms, help you fill out the forms and keep you moving smoothly along the divorce process.

9. Protect your rights:
A divorce lawyer is experienced with divorce law. An experienced lawyer will know all the ins and outs of the process, know what you are entitled to and know what your rights are. By hiring a trustworthy attorney with your best interest in mind, you are guaranteed to have your voice heard and your rights protected.

10. A shoulder to lean on:
Great divorce attorneys do not just provide legal help to their clients, they are also provide emotional help. Sometimes individuals going through divorce need someone to listen to their problems, worries, concerns and so forth. A divorce lawyer can provide clients a platform to express their anger, sadness, or frustrations.


What to Look For In a Divorce Attorney

Posted on: August 12th, 2013

divorce-attorneySometimes you will find it difficult to accept the fact that you need the services of a divorce attorney. Divorce is a very emotional and stressful issue that affects not only you but the entire family as well. The issue becomes extremely difficult when children are involved. That’s why you need to have a divorce attorney to work on the case for you. Your choice of an attorney is crucial to the success of your case. Here are some tips that you can use to find the best lawyer for you.

How to Make the Best Choice

Check their background. Be sure to do some research about the potential candidates that you will hire as your representative in your divorce case. Check their backgrounds, especially their field of specialization.

  • Do they have a strong education foundation on family law?
  • Do the law firms where they work focus on the areas of divorce and family law?

The divorce attorney that you should hire must have years experience handling family-related cases.

The next thing to consider is that you should hire a counsel who knows the local laws and ordinances. Laws may have the same application everywhere in the country, but they are sometimes bounded by the realities of particular state. Aside from that, a local practitioner also knows the important contacts in the area. Connections can make all the difference in a divorce case. This means that your legal counsel must know the attorneys and the judges in the locality.

Work Ethic

You must choose an attorney with good work ethic and has been known in the legal community to be somebody who has risen from the ranks through hard work and positive efforts. Ask what his current load is. You don’t want a counsel who handles many cases at one time, leaving him with barely a moment to work on your case. A practitioner who has good work ethic will tell you if he has too much work already.

Before you hire a divorce attorney, meet with the person first. Meeting him in person will tell you he is professional, both in words and deeds. You can tell it by the way he dresses, by his manner of speech and by the way he carries himself in general.

Lastly, you must get along well with your lawyer. He must be something that is not difficult to deal with. He must be someone you can trust. Remember that in a divorce case, you may have to share some very personal things about your married life and your family. You don’t want to entrust information like this to someone who cannot be trusted.


Temporary Hearings in Georgia Divorce Cases

Posted on: August 12th, 2013

One of the most popular questions surrounding divorce in Georgia pertains to temporary hearings, including what they are and why they may be beneficial. A divorce attorney can give you specific advice on what is best for you and your particular situation, but here’s some general information about temporary hearings in Georgia divorces:

  • Temporary hearings take place during the time after divorce papers are filed and before a final divorce decree has been issued, a time which is known as the “waiting period”.
  • Either spouse may request a temporary hearing, but it is not a required part of the Georgia divorce process.
  • The temporary hearing is not the same as the final divorce decree, but is meant to address some of the same issues, such as child custody, child support, child visitation, debts, alimony, and property division. Yet as the name implies, the decisions reached regarding these various aspects of the divorce are only preliminary and may change when final decisions are reached by the court.
  • The goal of a temporary hearing is to help take care of the practical details of your life while you are waiting for the divorce process to be finalized.

So how do you know if a temporary hearing is right for you and your situation? An experienced divorce attorney in Atlanta, or elsewhere in Georgia, will explain to you the various options available to you under Georgia law, and based on those options, will help you make the decision that will best protect your interests.

When you present your case before a judge at your temporary hearing, you want to make sure you have a Georgia divorce attorney with plenty of courtroom experience in order to win your case and achieve the outcome you seek.

More about divorce in Georgia courts here: https://georgia.gov/popular-topic/filing-divorce


Adopting Foreign Children: What Every Couple Should Know

Posted on: August 12th, 2013

Having a child can do wonders in the family. For most parents, they consider their children as the bonding element that strengthens the relationship between family members. However, there are couples who may find it hard to bear a child. When all medical remedies and prayers left unanswered, there’s another option to take – adoption.

Adopting foreign children has been common in the United States. Records from the U.S. Immigration state that there are over 200,000 adopted foreign children residing in the country. Apparently, there are approximately 20,000 international adoptions processed annually.

Starting the Process

A couple wanting to adopt a foreign child should acquire approval from the United States Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). This will make the process legitimate, granting the child U.S. citizenship. They should also know the process involved in both countries – the U.S. and the country they wish to get a child from.

Prospective parents can also contact a legitimate international adoption agency for a smoother process. These institutions are familiar with the immigration process in different countries, and may have good resources together with their partner agencies. Make sure to use the services of a reputable international agency with years of experience to avoid legal issues in the future.

Laws Governing each Country

Foster parents should be aware of the laws governing the foreign country. The issue is a confidential matter between the couple and the government or the international agency. Thus, the U.S. government doesn’t have the right to petition in the best interest of the parents in cases of international adoptions. The adoption attorney may remind the couple of such fact but it’s up to them to research on the laws of the corresponding foreign country.

Immigration Issues

An adopted child doesn’t automatically turn into a U.S. citizen. There are legal procedures and requirements needed to be met by the couple in order for their children to become a U.S. citizen. Prospective foster parents should coordinate with the USCIS regarding this matter.

The adoption attorney may offer two legal methods. First is that parents can apply for adoption if the child has lived with them for two years in the U.S. given that they met all the requirements stated by the USCIS. Second is going to an orphanage and complying with the immigration requirements.

After immigration issues, other factors to consider include the couple’s income, length of marriage and stability of relationship, and living conditions. These are often checked by the social welfare.


How to Choose a Divorce Lawyer

Posted on: August 12th, 2013

Georgia Divorce AttorneysIf you are contemplating a divorce, one of the most important decisions you can make is who you choose to legally represent you. The difference between an average and an excellent Georgia divorce attorney can literally make all the difference when it comes to resolving your case in the most effective and beneficial manner.

While each person may have unique requirements when it comes to what you are looking for in a divorce lawyer, there are some general points you should keep in mind. Here are a few tips for choosing a lawyer:

  1. Ask for recommendations from family and friends. A referral could be one of the easiest and most effective ways to find a good divorce attorney in Atlanta, for example. This method produces good results because the people recommending will most likely have direct experience with an attorney, and would be able to give very specific and detailed information about them.
  2. Read online reviews. Online reviews are powerful ways to learn more about an attorney and help you choose between many options. Many times the people who take the time and energy to write insightful online reviews often had a very positive (or negative) experience with a particular divorce lawyer or family law firm. You can learn a great deal from both perspectives.
  3. Schedule a free consultation. Most if not all divorce lawyers will offer a free consultation to discuss your case and determine how they might be able to assist you. Based on this interaction with the attorney, take notes on your thoughts and impressions. Think about whether they would be a good fit for your needs and requirements.
Choosing an experienced divorce attorney is a vital step in the divorce process. Having a legal advocate on your side whom you trust is invaluable during divorce. For a free consultation with one of our Atlanta divorce attorneys, simply contact us using the form to the left, send us an email, or give us a call.
Image courtesy allensima

GA “No-Fault” Divorce Law

Posted on: August 12th, 2013

No-Fault Divorce in GAAlthough with many divorces it seems that one party or the other is very much at fault, there is an option provided for under Georgia law enabling a “no-fault” divorce. If you are wondering whether a “no-fault” divorce would be best for you and your situation, the only way to be sure is to contact an experienced divorce attorney.

(more…)


Atlanta Estate Planning Considerations

Posted on: August 12th, 2013

Estate Planning Lawyers AtlantaIt’s not a pleasant conversation, and probably isn’t one that will come up during conversation at holiday parties, but it is an important conversation: have you made legally sound estate planning arrangements? Our experienced estate planning attorneys want to help you make all the necessary arrangements when it comes to your final wishes.

(more…)


Chambliss Wants Tsarnaev Named Enemy Combatant

Posted on: August 12th, 2013

WASHINGTON — Sen. Saxby Chambliss (R-Georgia) said the Obama administration needs to go further to limit Dzhokar Tsarnaev’s rights as part of the Boston Marathon bombings investigation.

“I urge this administration to do the right thing and deem this suspect as an enemy combatant so that we get as much intelligence as legally possible before the suspect is Mirandized,” Sen. Chambliss said in a statement released on Saturday.

Late in the day, CNN reported that Tsarnaev suffered an injury to his throat and may not be able to talk, according to a federal source.

But prosecutors have already announced they’re prepping a special team called the “High-Value Detainee Interrogation Group” to go in as soon as possible.

The special interrogators are not required to read his Miranda rights, including his right to remain silent and the right to have an attorney present.

“They want to understand the entire scope of this network so they can learn from this and stop it the next time,” said Todd Stein, who teaches national security at Georgia Tech. “They want to exhaust every possible lead before shutting down the interrogation of this individual.”

Stein said the high-value interrogation team was created by the Obama administration three years ago.

“It was a direct response to the Christmas day bombing, and a lot of heat they got from Congress over the fact that they did not use all the information they possibly could to stop the next terrorist attack,” Stein told 11Alive’s Jennifer Leslie.

In that case, the suspect was Mirandized early on, and critics saw a missed opportunity.

“Given what we know, and more importantly don’t know, about Dzhokhar Tsarnaev and his brother, this terrorist should be fully interrogated as an enemy combatant before any consideration is given to providing Miranda warnings,” Sen. Chambliss said in his statement. “I am disappointed that it appears this administration is once again relying on Miranda’s public safety exception to gather intelligence which only allows at best a 48-hour waiting period that may expire since the suspect has been critically wounded.”

Tsarnaev’s father has told reporters he wants his son to tell everything and be honest.

But he doesn’t have to talk, regardless of whether he hears his Miranda rights.

Source: http://www.11alive.com/news/local/story.aspx?storyid=289306


Georgia Divorce Mediation: How It Can Help

Posted on: August 12th, 2013

Divorce Mediation in GeorgiaThe divorce mediation process in Georgia is designed to help a divorcing couple resolve their issues outside of the courtroom, which can be very beneficial to both parties, especially when children are involved. You might have heard about mediation as an option for divorce proceedings in Georgia, but are not sure how it works. Here’s a general overview of Georgia divorce mediation and how it might help you.

Basically, in most divorces, there are significant disagreements regarding certain aspects of the divorce, or perhaps even every aspect of the divorce. In such a case, if the couple is unable to resolve these differences among themselves, even with the assistance of an experienced divorce attorney, for example, then a judge (and possibly a jury as well) must decide on those issues. Divorce mediation in Georgia hopes to prevent that step by having the couple sit down and try to work out their issues together with the help of a mediator.

Don’t worry, you can (and should) have your own divorce attorney by your side to make sure that your interests are protected during the mediation process. You and your spouse will each take turns explaining your side of the argument around a particular issue where there isn’t full agreement. The mediator will try their best to make sure each side is represented equally, but again it’s best to have an experienced Georgia divorce lawyer close at hand to make sure that your side is being fairly represented.

Going the route of mediation for your Georgia divorce could mean lower overall cost and stress because they generally take less time and avoid the court process entirely. There’s also the benefit of resolving contentious issues in such a way that you and your spouse may leave the divorce process on better terms than through going to court. This may be especially important if you have children and are sharing custody.

Feel free to contact our caring legal team for a free consultation to discuss whether a mediated Georgia divorce is in your best interests.

Image courtesy micmol on Flickr.


AS SEEN ON:

CNN NPR AJC FOX ALIVE DAILY REPORT

FOLLOW US: