Many parents wonder who will get child custody in a contested battle. Does the court prefer mothers over fathers? Or do they have equal rights?  Today’s laws are very different than they were in the past when the “tender years doctrine” was the reigning policy across the nation. Under this principle, it was assumed that children needed to be with their mothers when they were young, during their “tender years.” This often led to mothers initially receiving custody of the children and then continuing with custody so the children’s current living situation would not be disrupted.  Howev ..read more

Whenever most people think about divorce, they imagine the clichéd, messy split, one full of fights and drama. However, it’s important to point out that divorce doesn’t have to be an ugly and stressful process. There are ways in which you can try to cultivate a peaceful divorce, making it easier for you and your spouse to go your separate ways. Making the Divorce Process Easier Your mindset, preparation, and communication have much to do with the outcome of your divorce experience. By following the tips and steps below, you can set yourself up to have a calmer, more amicable divorce: Face Your ..read more

Those beginning the divorce process will have many questions to start with. Whether you are filing for divorce or have been served with divorce papers, the process can be emotionally stressful and overwhelming.  To ease your anxiety, ask several key questions during your initial consultation with a Georgia divorce attorney. Five important questions to ask your divorce lawyer will include:  1. What Do You Need to Know About My Case?  To begin the process of divorce, your lawyer will need to know your story and what your goals are. This includes personal details about you, your sp ..read more

Typically, a divorce is not a simple process. Even consensual divorces can be challenging to pull off. Too often, however, divorces get ugly, and accusations start to fly.  In many cases, the accusations are untrue or grossly exaggerated. One spouse might falsely accuse the other spouse of domestic violence, for example, to gain an advantage in child custody proceedings. So, is it possible to sue your spouse for defamation during Georgia divorce proceedings? Yes, but there is no guarantee of victory.   What Is Defamation? You defame someone when you harm their reputation by maki ..read more

The “Gavron warning” is a legal concept relating to spousal support (“alimony”) that originated in California family law. Read on to learn more about what a Gavron warning is and the potential impact it may have on your family law case. How Alimony Works Spousal support attempts to confront the fact that divorcing spouses do not usually enjoy equal earning power. If the price of divorce for the poorer spouse was a financial catastrophe, they would essentially be chained to the marriage. As this might be because they chose to devote themselves to domestic chores rather than outside employment ..read more

You’ve lived in the same home as your spouse since your wedding night–and now you’re getting divorced. Most spouses would find it very, very awkward to remain living in the marital home together during divorce proceedings.  It gets even more awkward if you have children. Indeed, one of your disputes might center on “who gets the house.” So, what do you do if your spouse refuses to move out? Under Georgia family law, both spouses have equal rights to access the marital home until a judge has entered an order for exclusive possession. Continue reading to learn more about what could happen i ..read more

Parents in Georgia are encouraged to develop parenting plans and visitation schedules that are in the best interest of their children. Unless a parent is unfit or there is a reason to restrict contact, the courts prefer to see plans that promote continued and frequent contact between parents and their children.  If the parents cannot agree to a child custody arrangement, the court will order a custody and visitation plan in the children’s best interests.  Examples of Violations of Parenting Plans in Georgia  Unfortunately, some parents refuse to comply with the requirements and ..read more

When a couple with at least one child divorces or otherwise dissolves their relationship, the best interests of the child are the paramount consideration. That is why Georgia, like other states, generally requires the noncustodial parent of the child to provide child support payments for the children of that relationship. Georgia has established child support guidelines due to the need for fairness and consistency in child support decisions. The determination of a fair amount of child support, however, depends on many factors, many of which change frequently. For this reason, Georgia child sup ..read more

Divorce can be a tough time for everyone, and it can be even more challenging for kids who get caught in the middle. When parents are always fighting, it can upset a child and strain family dynamics. In this article, we’re going to discuss reunification therapy. It’s a special kind of therapy that can help repair things when the relationship between a parent and child gets disrupted or damaged due to a contentious divorce. What Is Reunification Therapy?   Reunification therapy provides assistance for families going through tough legal separations and divorces. This therapy is designe ..read more

Obtaining information and evidence is a crucial step in a family court action. The discovery process allows you to request documents and information from the opposing party. However, there are times when you might need evidence from someone who is not involved in the family court proceeding.  Obtaining documents from a third party can be challenging. They usually claim confidentiality or another legal ground for withholding the information. However, the court can issue a subpoena duces tecum to compel the third party to turn over the documents. All subpoenas must comply with Georgia law ..read more