My Cousin Danny
Equitable Caregiver O.C.G.A. § 19-7-3.1 Legal Adaptation to Reflect Changing Norms
Recognizing a void in the law Georgia has recently enacted an Equitable Caregiver Law that allows an unrelated adult, who has previously cared for the child, the option to petition the court to establish custody, visitation and establish parental rights to a...
Georgia Law Change that Impacts Divorced Parents
It’s July and the Law has Changed. As an attorney it is critical that you stay abreast of all laws that can help or hurt your clients. As a family law practitioner, a large part of my time is spent helping people get more time with their children; and/or increasing...
Why Can’t I Live With You?- Changing Your Custody Agreement
Summertime brings visions of fun, vacations, beaches, travel and camps. These are things that may people look forward to, and divorced parents are no exception. Many divorced parents will receive additional time with their child, or children, during the summer. ...
NEW TAX ISSUES TO CONSIDER IN A DIVORCE, by Donato “Dan” Palumbo
While I am by no means an expert in tax law or a tax attorney, nor do I intend this brief article to provide legal advice, I write with the hope of highlighting some of the impact the Tax Cut and Jobs Acts (TCJA) will have on people going through a divorce. I offer...
Common Legal Questions
How do I file for divorce?
A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.
How long before I get my license back?
It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you. As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years. Call to discuss the specifics of your case.
What Can i drive with a DUI?
Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.
Can I get 50/50 Custody?
In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with. Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children. However, it is possible to have 50/50 joint legal and physical custody.
How much does a divorce cost?
There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce. Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues. High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets. Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.
Can i leave the state with my kids?
A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement. Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.
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