Ironically, the most important time to be clear-headed and smart is usually the same time you are trying to dodge the rubble of your crumbling marriage.  Hopefully, you have a good lawyer to steer you down the right path, but it can be overwhelming to deal with all of the issues an uncontested divorce brings without being sent over the edge. If the divorce is not a surprise, and you have time to prepare, use it to your advantage and be smart about your finances and documents.  Taking the time to reason clearly and craft a plan will help you in the long run. Gather the Paperwork First ..read more

Filing for divorce is a difficult time, and knowing Georgia’s divorce law can save you time and money. One of the first things you will deal with is filing for divorce. Jurisdiction and venue play an important role in the process, as you will need to file the paperwork in the correct place in order to open your case. Jurisdiction refers to the court’s authority to hear a case, as determined by its legal boundaries. A court with jurisdiction to hear a divorce has the right to grant the divorce itself and to decide on orders connected to the divorce, such as child support, custody, and property ..read more

The First Step in a Cumming Georgia Uncontested Divorce is an Agreement In a Cumming and Forsyth County Georgia uncontested divorce, both the husband and wife fully agree how their property and debts will be divided, the custody and support of their children, and whether alimony will be paid before they file a petition for divorce.  Prior to filing a petition for and uncontested divorce, the parties should think about and agree on the aforementioned issues and any other possible material terms of the divorce settlement agreement.  The material terms will have to be agr ..read more

There is an endless variety of reasons and combinations or reasons people get divorced.  In speaking with hundreds of clients about divorce, legal separations and related domestic issues, the following ten reasons are the most frequent reasons cited by our clients for a divorce. 1. Differences in Priorities and Expectations While we’ve all been taught that compromise comes with the territory of marriage, the fact remains that even the most harmonious of marriages is composed of two different people.  These differences can be worked through effectively, but sometimes, they catch us of ..read more

  In a divorce, assets are split. The house, the car, the dog, the photographs, the joint accounts, the debt, everything is divided between the two parties. Unfortunately, if there are children involved in the case, the children’s time between the parents must also be split. Child custody is the parent’s right and responsibility to protectively care for or guard his or her children, and even in an uncontested divorce, one must fight to keep custody of one’s children. The article below details some of the nuances involved in acquiring custody in uncontested divorce cases. Please note: chil ..read more

There is no simple answer to this often asked question. In the context of an uncontested divorce, some people think that the divorce is finalized when the parties sign the Divorce Settlement Agreement and related forms. In a contested divorce that settles, some people think that the divorce is finalized when the parties reach a settlement agreement either through their attorneys or in mediation. If there is a trial, some people think the divorce is finalized at the end the end of the trial.  However, it does not matter how complex or simple the case is, a divorce is not finalize ..read more

Divorce can often times cause issues in medical insurance coverage for divorcing couples.  Many families are protected under an employee plan carried by one of the spouses, but in the event of divorce, such a policy could terminate for the non-employer protected spouse.  Unless the insurer allows it, and the divorce decree also requires continuation of medical health insurance, temporary coverage  may be provided by the Consolidated Omnibus Budget Reconciliation Act (COBRA).  COBRA is designed to protect employees of most companies with twenty (20) or more workers and thei ..read more

After child custody is established and there is a court order determining a visitation schedule then the parent receiving visitation has the ability to take the children on vacation during their scheduled visitation time.  And it is common for visitation plans to include two (2) or more consecutive weeks during the summer, spring break and other extended time periods for both parents to take the child(ren) on vacation. However, vacationing during visitation time can become problematic for either parent especially if the custodial parent finds the vacationing plans problematic or the child ..read more

Interested in modifying a child custody or parenting plan order? It is likely possible to modify child custody, after final divorce decree is entered. As long as you and your former spouse agrees to modify the custody, court permission is not necessarily required in Georgia for child custody modification. This article is going to highlight the ins and outs of modifying child custody order entered by the court. If you have decided to modify child custody, it is advised to seek the advice of an expert attorney. Important child rearing issues should not be taken lightly and the legal process may ..read more

If you and your spouse are filing for divorce in Cumming Georgia (or any other Georgia Court), a Domestic Relations Financial Affidavit (commonly referred to as DRFA) is one of the first legal document that must be completed. It must be submitted to the court and to your spouse (or their counsel) at least fifteen (15) days prior to any preliminary hearing and at least ten (10) days before any mediation session.  See Uniform Superior Court Rule 24.2 for additional DRFA requirements which apply to all Cumming, Georgia domestic, divorce and family law cases. The Domestic Relations Financial ..read more