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Divorce Lawyers Practicing in Johns Creek Georgia

Tuesday, August 10th, 2010

Johns Creek GA Divorce Attorneys | Kitchens, New & Cleghorn, LLC

The family law attorneys at Kitchens, New & Cleghorn, LLC know how difficult a Georgia divorce is for everyone involved. We are here to explain and advise, in understandable terms, Georgia’s complicated divorce law to our clients. We know that each situation is unique, and want to help you as you make life changing decisions about issues like alimony, division of property, child custody, and child support. In this new, chaotic, and possibly terrifying time, it is essential that you are well-prepared. We give you that preparation with our experienced, trial-tested family lawyers practicing in Johns Creek GA.

What We Do

Our attorneys have practiced family law in Georgia for years. Whatever your situation, we can help. As family law attorneys, we do more than just divorce, even though divorce law is what most people think of when the phrase “family law” is mentioned. Whether you are about to get married, planning on adopting your first child, or anticipating divorce, we are here to help. Just a few of the legal services we provide are clients include:

+ Prenuptial Agreements
+ Postnuptial Agreements
+ Domestic Partnerships
+ Adoptions
+ Collaborative Divorce
+ Contested Divorce
+ Annulments

+ Alimony

+ Child Custody
+ Child Support

If you are dealing with a divorce in Johns Creek, Georgia, we advise you to speak with one of our divorce lawyers sooner rather than later. The process can be intense and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests and the interests of your children. For a typical divorce or child custody matter, our law firm retainer begins at $2,500.00. If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call. Thank you and we look forward to working with you.

Tags: family law attorneys Johns Creek, Johns Creek GA Divorce Lawyers
Posted in Family Law, Georgia Family Law | No Comments »

Family Law Attorneys Practicing in Marietta, GA

Monday, August 9th, 2010

Experienced Family Law and Divorce Attorneys | Kitchens, New & Cleghorn

Being intimately familiar with all aspects of the family law system in Marietta, GA, the attorneys at Kitchens, New & Cleghorn, LLC understand how complicated and emotionally draining Georgia family law can be. Georgia family laws can, at times, seem complicated, confusing, and arbitrary to clients. Georgia adoption laws sometimes appear to be nothing more than the judge’s whim. Looks, in this case, are deceiving, and that’s where we help. Our attorneys know the ins and outs of Georgia family law, and explain it to our clients without the legalese. Whether you are filing for divorce in Marietta, preparing to get married, or trying to adopt your first child, our family law attorneys are here to help you.

Our Services

Contrary to popular opinion, divorce is only one part of Georgia family law. Indeed, while divorces are an important aspect of Georgia family law, they are not the only part. We also represent couples in Marietta who want a GA prenuptial agreement or want to form a domestic partnership. We help couples who choose to adopt jump through the necessary legal hoops of the adoption mprocess. The lawyers at also help with uncontested divorces, child support modifications, alimony modifications, and more. Indeed, the family lawyers at Kitchens, New & Cleghorn offer a wide variety of services to our clients seeking help and advice. Some of our services include:

* Adoption
* Alimony
* Annulment
* Child Custody
* Collaborative Divorce
* Contested Divorce
* Division of Property
* Divorce Mediation
* Domestic Partnerships
* Postnuptial Agreements
* Prenuptial Agreements

Issues regarding Georgia family law can be confusing and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests. If you are dealing with a Marietta GA family law issue, we advise you to speak with one of our divorce lawyers sooner rather than later. For a typical divorce, our law firm retainer begins at $2,500.00. If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call. Thank you and we look forward to working with you.

Tags: family lawyers Marietta Georgia, Marietta GA divorce attorneys
Posted in Family Law | No Comments »

In Georgia, Qualified Domestic Relations Orders Aid in Dividing Retirement Benefits

Friday, February 12th, 2010

During a divorce, issues of GA property division, GA child custody, and GA spousal support can easily overshadow the importance of the division of retirement benefits. Obtaining a Qualified Domestic Relations Order may be one of the most important documents in a Georgia divorce if a spouse can be awarded with part of their soon to be ex-spouse’s retirement plan.

A Qualified Domestic Relations Order (QDRO) creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a pension plan. Simply put, a QDRO establishes legal rights to receive a designated percent of an ex-spouse’s IRA, pension plan, 401(k), or profit-sharing plans proceeding a GA divorce.

When an ex-spouse receives the entitled money from a retirement plan he/she will be responsible for paying the related income taxes if received in the form of an annuity, pension, or withdrawal and will become a co-beneficiary of the existing pension account. The entitled ex-spouse can also withdraw his/her share and roll money into his/her own IRA. A rollover will allow for the postponing of taxes until funds are withdrawn from the IRA.

If funds from a qualified retirement account in Georgia are distributed to an ex-spouse without a QDRO the person with the account, not the ex-spouse receiving the funds, will be responsible for paying the income tax and may even be charged with a 10% premature withdrawal penalty. Without a QDRO your ex-spouse can receive funds from your retirement plan through a tax-free windfall at your expense.

If you are facing a divorce and the division of retirement assets, QDRO’s can be extremely complicated. We highly recommend speaking with one of our Georgia Divorce attorneys. Contact us for a consultation. We look forward to hearing from you!

Tags: 401(k) division GA divorce, GA divorce retirement benefits lawyer, Georgia divorce QDRO, IRA division GA divorce lawyer, QDRO Retirement Divorce GA Attorney, Qualified Domestic Relations Orders
Posted in Family Law, Georgia Family Law, Separation of Assets GA Divorce | 8 Comments »

Georgia Family Violence Protective Orders

Wednesday, February 10th, 2010

Family violence in Georgia occurs when a family or household member harms or attempts to harm another family or household member. Family violence also includes threats of violence or a strong belief that a family member will cause harm in the near future. Family violence in Georgia is a serious crime and laws are in place to protect the abused.

A GA Family Violence Protection Order is a legal document written by a court prohibiting a member of a family or household from remaining in the household or from contacting or coming near the abused. If the abuser violates the order then serious legal consequences will result with violation being punishable by a large fine or confinement in jail for an extended period of time. Both males and females can seek the civil legal protection of a GA Family Violence Protection Order.

Specifically, the order may state that an abuser must:

* Leave the abused alone
* Leave the place of residence (If the abused is not in possession of the home assistance to obtain personal property and temporary residence is granted)
* Give the abused temporary custody of children and set temporary visitation
* Award the abused with temporary child/GA spousal support
* Attend counseling

To obtain a Family Violence Protective Order an application must be filed with the court. A citation will then be sent to the alleged perpetrator and a court hearing will be held. If the order is granted it can be effective for up to a year although if the threat of abuse still persists a court can extend the order. A GA temporary restraining order may also be requested for the time required to serve the citation to the abuser and hold a hearing.

Family violence causes legal, physical, financial, and emotional complexities. Filing a Family Violence Protective Order in Georgia can relieve some of these problems. If you or other members of your family are victim to family violence please contact one of our expert attorneys to assist you with protection from your abuser.

Please note that the above article may not have been written by an attorney, and should in no way be construed as legal advice particular to your situation. Contact one of our Atlanta family law attorneys if you are dealing with an issue of domestic violence or feel you may need a family violence protective order.

Tags: family abuse lawyer GA, Georgia family violence, restraining order GA, restraining order lawyer Atlanta
Posted in Family Law, Georgia Family Law | 13 Comments »

Actions To Take After Your Georgia Divorce

Tuesday, February 9th, 2010

After your final GA divorce papers have been handed over, newly divorced couples often fail to update important documents affected by the divorce. Our Atlanta divorce lawyers will inform you of steps you should take, and things you should do, after your divorce is finalized, and a proactive approach is the best way to avoid future perils created by the neglected loose ends of a divorce. To avoid these issues several main documents should be updated immediately after a divorce is finalized.

Georgia Will and Estate Planning After A Divorce

Because family circumstances may have changed a new will should be written or an existing will should be amended. How property will be distributed and the executor of your estate may need to be changed. Click here for more information on estate planning and GA divorces.

Georgia Living Trust

Many living trusts are revocable and capable of being changed. Who will receive property and who will manage the trust should be reviewed.

Life Insurance

If your ex-spouse is listed as the beneficiary of your life insurance policy, a new person may need to be named.

Georgia Power of Attorney

In a case of mental or physical disability it is important to update who will manage your business affairs and your health care decisions.

Bank Accounts

Ex-spouses should be removed as an authorized signer on your bank accounts, mutual funds, and money market funds.

Credit Cards

Credit cards held jointly by you and your former spouse should be closed or have your former spouse’s name removed from the account.

The importance of having all relevant businesses and parties informed on your updated marital status is high. All official and business records are subject to change due to a new marital status after your divorce in Georgia. The list above is for general guidance and is not complete. Please speak with one of expert attorneys to assist you with changes to your legal documents.

Please note that the following article was not written by an attorney and should not be construed as legal advice. We strongly recommend you speak with one of our Atlanta family law attorneys about your particular legal situation.

Tags: Georgia divorce bank accounts, post GA divorce actions, power of attorney GA divorce, re-wire will GA divorce
Posted in Family Law, Georgia Family Law, Separation of Assets GA Divorce | 10 Comments »

Georgia Military Divorces

Thursday, February 4th, 2010

Georgia divorces involving an individual that is serving in active duty, the reserves, National Guard, or retired military are referred to as a military divorce. Being a service member does not exempt an individual or couple from the same requirements that civilian couples must meet when filing for divorce. The difference between a civilian and military divorce is a set of unique rules regarding the division of military pensions, residency requirements for divorce filing, and legal protections for the military member.

Under the Uniformed Services Former Spouses’ Protection Act federal law will not divide nor distribute a military members retirement to a spouse unless the service member and spouse have been married for 10 years or longer while the member has been in active military duty. To be eligible for full benefits after retirement, including medical, a spouse must pass the 20/20/20 test in which the marriage has lasted at least 20 years, the military member performed at least 20 years of service, and there was at least 20 years overlap of the marriage and time spent in the military services.

In terms of GA divorce residency requirements for filing a military divorce, many states will allow a military member or their spouse to file in the state the military member is stationed, the state where the spouse filing resides, or the state where the military member claims legal residency. The couple will be subject to the laws of the state where the divorce petition is filed including laws regarding property distribution, child custody, and child support.

An active duty member has legal protection from being held in default from failing to respond to legal action. Under the Service Members Civil Relief Act military members are protected from lawsuits such as divorce petitions so the serving member can “devote their entire energy to the defense needs of the Nation.” In effect, the legal proceedings of a divorce can be delayed while the service member is in active duty and up to 60 days following active duty.

If you are an active service member seeking a divorce, we strongly recommend you consult with our Atlanta Divorce Attorney Jeff Cleghorn, a military veteran. To set up a consultation, give us a call at (404) 239-3932.

Tags: georgia military divorces, retirement and GA divorce, Service Members Civil Relief Act, Uniformed Services Former Spouses’ Protection Act
Posted in Family Law, Georgia Family Law, Separation of Assets GA Divorce | 8 Comments »

Bankruptcy and Divorce

Thursday, February 4th, 2010

Financial stress is often cited as a primary contributing factor to marital stress and dissolution. As the current global recession continues to take a toll on families and individuals, couples seeking a divorce with either or both persons in deep financial debt must strongly consider how bankruptcy will affect the divorce.

Filing for bankruptcy can give an individual a fresh financial start and relieve the individual from creditors collecting debts. The ending of all efforts to collect any debts by collectors is known as an automatic stay. However, before former president Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005 bankruptcy was often used as a tool to permanently evade, or discharge, family obligations set by agreements or court orders after a divorce. At present, any domestic support obligations are now a first priority claim and are ineligible for discharge including child support and alimony payments.

In most cases an individual or couple will be advised by an attorney to file for bankruptcy before starting legal divorce proceedings. Filing bankruptcy before divorce proceedings simplifies the clearing out of debt, the negotiating of how remaining debt should be divided, and provides protection from an independent bankruptcy filing by you partner saving you from the future responsibility of having to pay your former partner’s debt. Filing a joint bankruptcy claim is also more cost effective than filing two separate claims. To further prevent a creditor from collecting debt from you instead of your former spouse, a wise precaution would be to have a “hold harmless” or “indemnity” clause stated in the divorce decree that will require your former spouse to pay certain debts or repay you if a creditor makes you pay debt.

If you are dealing with a divorce or family law situation, we strongly advise you to speak with one of our Atlanta family law attorneys about structuring a settlement that works for you and your family. We look forward to working with you.

Tags: bankruptcy and divorce, divorce ga, divorce recession, financial stress divorce
Posted in Family Law, Georgia Family Law, Separation of Assets GA Divorce | 4 Comments »

Ending a Common Law Marriage

Wednesday, February 3rd, 2010

Although no legally recognized marriage ceremony is performed or civil marriage contract established, a common law marriage is legally binding in some states such as Alabama, South Carolina, Rhode Island, and Texas, and in some rare instances, Georgia as well. While each state’s laws vary, generally speaking to be considered a common law marriage a man and woman must reside together in a state that recognizes common law marriage for a significant period of time. The couple must hold themselves out as a married couple meaning the couple uses the same last name, refer to each other as “my husband” or “my wife,” or file joint tax returns. Lastly, the couple must intend to marry as legally contracted on the basis of the state’s rules and regulations.

If created before January 1, 1997 the state of Georgia will recognize a common law marriage. Georgia no longer has a common law marriage and there are no circumstances that will allow a couple to form a common law marriage regardless of how long the couple have lived or will live with each other. However, Georgia may recognize common law marriages that occurred in other states.

The existence of a common law marriage requires the couple to proceed with a formal divorce to end the relationship. If you are ending a relationship considered to be a common law marriage we advise you to speak with one of our experienced Atlanta divorce attorneys to see what options are available for you. We look forward to hearing from you!

Tags: common law marriage, Georgia common law marriage lawyer, Georgia divorce attorney
Posted in Family Law, Georgia Family Law | 4 Comments »

GA Domestic Partnerships: An Alternative Solution for Alternative Couples

Tuesday, February 2nd, 2010

Several readers have sent me emails asking the same question: “Are Georgia domestic partnerships limited to same sex couples?” The answer is “Of course not.” Same-sex couples living in Georgia tend to user domestic partnerships more frequently because of the political and legal climate that surrounds same-sex marriage. Simply put, same-sex couples are the ones who most frequently create domestic partnerships in Georgia because they lack the alternatives available to heterosexual couples. However, many heterosexual couples seek the protections of a GA domestic partnership agreement.

For example, consider the rather common case of a boyfriend and girlfriend who live together, but aren’t married. They may be philosophically opposed to marriage, or they may be giving marriage a practice run – “try before you buy” if you will. In either case, the law views each person as roommates. While you might be living with the most important person in your life, the law doesn’t see it that way. In this case, a full or limited domestic partnership might be an appropriate choice for the couple.

Another common situation is an older, or middle-aged, couple, where at least one person has been married before. While they may be happily in love with each other, the scars and bitter experiences of their earlier marriages and past divorces (even uncontested divorces) leave them unwilling to remarry. Or one of their divorce settlements might leave one or the other in a situation where remarriage is not an option. In this case, a GA domestic partnership agreement could be the right choice.

A less common scenario is polygamy. While polygamy is often a taboo subject in America, it is common and legal in other parts of the world. What is the loving family to do, where the husband has legally married more than one wife in his home country, and then the family decides to immigrate? Under American law, polygamy is illegal, so he has to choose which of his wives he wants to keep, and which one he wants to “demote.” A domestic partnership would be an excellent choice to make sure his entire, extended family is cared for and protected.

As you can see, GA domestic partnership agreements are an option for everyone. Everyone’s situation is unique however, so while a domestic partnership is always an option, it may not be the best option. That’s why, when thinking of making a, hopefully, life-long commitment, you should consult one of our domestic partnership attorneys who specializes in GA family law so that you can do what is right for you.

Tags: domestic partnership, domestic partnerships heterosexuals, domestic partnerships polygamy, Georgia domestic partnership agreement, Georgia Domestic Partnership Agreements
Posted in Family Law, Georgia Domestic Partnership Agreements, Georgia Family Law, Uncontested Divorce GA, Uncontested Divorces | 2 Comments »

Marriage Annulment in Georgia

Monday, January 11th, 2010

What is an annulment? An annulment is a legal order by a Georgia court declaring that a marriage is void and was invalid from its inception due to one of the bulleted factors below. The effect of an annulment is that the marriage never existed, and the parties were never married. The parties return to their status immediately before marriage. Annulments in Georgia are rare and only granted in unusual circumstances.

Who is eligible for an annulment in Georgia? If there are children born of the marriage, or if the wife is pregnant and there are children who will be born of the marriage, the couple is typically not eligible for an annulment. Under Georgia law, an individual who is married is eligible for an annulment only for the following reasons:

The individual and his or her spouse are related as follows: parent/child, stepchild/stepparent; grandparent/grandchild; aunt/nephew; uncle/niece; or
The individual did not have the mental capacity to enter into a contract; or
The individual is under the age of 16 when he/she entered into the marriage; or
The individual was forced to enter into the marriage under duress; or
The individual was fraudulently induced to enter into the marriage; or
The parties to the marriage are of the same sex; or
One of the individuals was married to another living person at the time the parties entered into the marriage.

If you have questions about whether one of these factors applies to you, or if you and your spouse do have children together, but you believe you are eligible for an annulment, contact an attorney.

May I be granted an annulment if I have only been married a short time? No. The fact that you and your spouse have only been married a short time is not proper grounds for an annulment in Georgia. If you do not satisfy at least one of the conditions listed above, then you must file a petition for divorce to dissolve your marriage.

May I be granted an annulment if my spouse cheated? No. Adultery is not grounds for annulment in the State of Georgia. However, if one of the parties to the marriage is married to another individual at the time the parties entered into the marriage, this is grounds for seeking an annulment.

May I be granted an annulment if we have not had sexual intercourse? No. In Georgia, sexual intercourse is not essential to the consummation of a valid marriage. Therefore, failure to have sexual intercourse is not valid grounds for seeking an annulment.

How long does a GA annulment take? An order granting an annulment can be issued by a Georgia judge thirty-one (31) days after the other party has been served with a copy of one party’s Petition for Annulment. However, if there is disagreement as to any matter, the annulment will be obtained when the case reaches the court, which can take many months.

May I receive alimony if my marriage is annulled? You may request an award of temporary alimony. However, you cannot request an award of permanent alimony. Permanent alimony can be awarded only in the dissolution of a valid marriage.

If I receive an annulment, how long do I have to wait before I can get married again? You can remarry anytime after a Georgia court issues a final order granting an annulment.

Tags: GA Annulments, marriage annulment Georgia
Posted in Family Law, Georgia Family Law | 1 Comment »

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