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 divorce 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 Alpharetta, 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 a divorce 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 divorce attorney, take notes on your thoughts and impressions. Think about whether they would be a good fit for your needs and requirements.

Here’s a general overview of the criteria for a no-fault divorce in Georgia. Considered to be the thirteenth ground for divorce in Georgia, GA law established a “no-fault” ground in contrast to the other twelve fault-based grounds for divorce.

The requirement for proving this thirteenth ground is claiming that the marriage is “irretrievably broken”. As such, fault is not assigned to either party for the failure of the marriage, unlike the twelve fault-based grounds, such as adultery, which hold one party responsible. Therefore, there’s not an extensive process necessary to “prove” that the marriage is broken beyond repair; one spouse testifying that it is is enough to satisfy GA law.

An interesting aspect of this testimony as a way to “prove” the brokenness of the marriage is that the other spouse cannot really contest the claim of the other.

Why you might choose a “No-Fault” divorce in Georgia:

Our clients often choose to pursue a “no-fault” Georgia divorce because it is often the easiest way to complete the divorce process in Georgia. This is because there is no demanding requirement to provide proof of fault that is necessary with the first 12 grounds of divorce in Georgia. However, if it is in your best interest to pursue a fault-based divorce, our attorneys may recommend doing so to protect your interests.

For a free consultation on a “no-fault” divorce in Georgia, contact our experienced Georgia divorce attorneys today.

Image courtesy afagen on Flickr.

If you are the one who receives child support but are having issues with timely and sufficient payment by your former spouse, there are a couple options open to you under GA child support law. One option is to work with our attorneys to file a contempt action in court, which essentially forces your spouse to pay the support owed or face a fine, imprisonment, or both.

If the first option doesn’t work or our attorneys advise pursuing a second option in addition to the first, garnishment of wages is another common form of child support enforcement in GA. This way, child support is taken out of your former spouse’s wages so you can be sure to receive some of what you are owed as long as they continue working (although it can apply to unemployment checks as well).

If the first two options fail to get you all the support you should receive, further steps can be taken, including receiving any tax refunds your spouse may have, putting liens on bank accounts and other personal property, and more.

On the flip side, if you are the one responsible for paying Georgia child support but are having financial difficulties and find yourself unable to meet your responsibilities, contact our experienced child support attorneys in Alpharetta. It may be possible to modify your child support payments if you have experienced a significant change in your finances, such as a loss of employment.

Image courtesy rcvnl on Flickr.

In all the excitement, however, it’s important to remember that there are significant legal aspects of adoption that should be handled by an experienced Georgia adoption attorney. It’s important to choose an adoption lawyer in GA with a great deal of compassion and knowledge of GA adoption law, so that the process goes as smoothly as possible. This way you can focus on what really matters to you: your new child or children!

Adoptions can become quite legally complex depending on where your child or children are being adopted from and your own unique family circumstances. If you are concerned about whether you are even able to adopt because you are a part of a non-traditional family arrangement or are a single parent, don’t wonder in silence and never realize your dream of raising your own child. Contact one of our Atlanta adoption attorneys for a free consultation, and we would be happy to discuss with you your situation and how we can make GA adoption law work for you.

In order to avoid any problems or delays in the adoption process because of missteps, don’t settle for a Georgia adoption attorney without years of experience in successfully assisting clients throughout Georgia in smoothly completing adoptions with as little stress as possible. Avoid heartbreak and frustration by contacting the caring, competent legal team at Kitchens New Cleghorn for a free consultation. We look forward to helping you welcome your newest member of the family!

Image courtesy MelvinSchlubman on Flickr.

Georgia estate law can be quite complex. For example, did you know that if you were divorced in Georgia, your will is automatically declared null and void? Don’t leave your family in a difficult situation; allow our Atlanta estate planning lawyers to help. Here are some of the most important considerations you need to keep in mind regarding estate planning:

• Allowing our attorneys to assist you with the creation or modification of your Last Will and Testament is the best way to ensure that your estate and assets will be divided the way you want them to be upon your passing.
• One of the most important aspects of your will is appointing the executor of your estate, who will carry out your wishes. We will help you choose this important person wisely.
• Another important aspect of Georgia estate planning is creating a Power of Attorney. This allows you to designate an individual to make financial decisions on your behalf, if for some reason you become unable to do so yourself.
• The medical corollary of the Power of Attorney is a Georgia Health Care Proxy, which enables an individual of your choosing to make medical related decisions on your behalf.
• Another vital aspect of Atlanta estate planning is a Living Will, otherwise known as a Directive to Physicians. Covering a variety of concerns, one of the most common aspects of these documents is instructing the degree to which you would like medical intervention in certain situations, if you are unable to say your own wishes at that time.
• Lastly, our vastly experienced Atlanta family law attorneys will help you with determining your life insurance beneficiary, and other concerns not mentioned above.

Contact us soon for a free Atlanta estate planning consultation.

Image courtesy Ken_Mayer on Flickr.

Contrary to a Georgia divorce, which essentially dissolves a current legally valid marriage, a Georgia annulment declares that the marriage was never valid, and as a result, its effects are known as “retroactive.” An annulment might be right for you if religious concerns are forefront in your decision making regarding ending your marriage, or if you feel that you were wrongfully mislead about your spouse, and would never have entered the marriage if you had known whatever it is that is now causing you to seek an end to the marriage.

Yet there are specific features of annulments under Georgia law that you must be aware of, which our attorneys will discuss with you at length to make sure you understand how these provisions apply to you and your specific situation:

• A Georgia court must rule that the marriage contract was afflicted by some sort of “defect,” which is interpreted in different ways by Georgia law. This could mean that if one of the parties was underage, there was a lack of parental consent, or that there was mental incapacity or “fraud” at the inception of the marriage. This is interpreted in different ways, which is why an experienced Atlanta annulment attorney is so important.
• An annulment can only be given to an “innocent” party, so an annulment by default places responsibility on the other party.
• If children were born from the marriage, an annulment is no longer possible, and you must then pursue a Georgia divorce.

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 in Alpharetta, 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.

A GA separate maintenance means that a couple remains legally married but live separately and are officially separated, without actually being divorced or their marriage being dissolved. Generally speaking, a couple may choose to go the route of a Georgia separate maintenance agreement for several reasons. One reason is that the couple is opposed to divorce on a moral or religious level, but no longer wish to live together and want formal separation. Another reason to choose separate maintenance over divorce is if an individual wishes to keep health insurance or social security benefits.

If the above reasons sound like they are an important part of your decision-making process, it’s essential to speak with one of our Atlanta family law attorneys for individualized legal counsel. Depending on your situation, our attorneys might advise you that either separate maintenance or divorce would best protect your interests. Regardless of which option you choose, the same set of issues must be resolved, including separation of assets, alimony, and if you and your spouse have children, child custody, visitation, and support. The successful resolution of these issues  require experienced legal assistance, and will literally determine the course of the rest of your life. Don’t wonder whether you made the right choice when it comes to your future – contact our caring attorneys for a free consultation. They will address your questions about Georgia separate maintenance, divorce, and anything else you may be wondering regarding Georgia law.

Image courtesy thewhitestdogalive on Flickr.

As a general rule, the best way to distinguish between marital property and separate property under Georgia law is to determine when a particular asset was acquired by one of the parties. If an asset was owned by one of the spouses before marriage, Georgia divorce law will typically rule that property to be considered separate property. On the other hand, an asset that was acquired during the period of the marriage is typically determined to be marital property. However, there is often great room for debate in the application of these general principles, which is why it is so essential to have an experienced Georgia divorce lawyer on your side to protect your interests.

One of the steps our divorce lawyers in Alpharetta (if that location is more convenient for you) might ask you to take is to make a list of your assets and discuss it with us prior to filing for divorce. This is one of the best ways we can help you protect what is yours during the process of distinguishing between marital property and separate property in the eyes of Georgia law. For more information about your particular situation, we invite you to call, email, or complete the online form for a free consultation with our Georgia separation of assets attorneys.

Image courtesy alancleaver_2000 on Flickr.

So, an important question to ask yourself regarding whether or not you need a Georgia domestic partnership agreement is, are you and your partner in a committed relationship? If the answer is yes, a domestic partnership agreement is Georgia is an important step in protecting your relationship. Another question you should ask yourself is, do you or your committed partner have significant assets? Or do you have children? If the answer to either of these questions is yes, filing for a domestic partnership agreement is essential, and will make sure that your assets go to the people you wish them to, and not simply to biological relatives, which is often the case in Georgia courts.

In fact, a domestic partnership agreement is one of many legal protections our Atlanta family law attorneys recommend to gay and lesbian clients in Georgia. Our Atlanta domestic partnership attorneys can assist with a variety of other crucial legal measures that will protect you and your interests under Georgia law, including estate planning and more.

The important thing is to be proactive about your future and the future of your loved ones. Our Georgia family lawyers have extensive experience assisting gay and lesbian couples with filing a domestic partnership agreement in Georgia. Don’t leave something as essential as the well being of your partner and your children to chance. Contact our caring, professional Atlanta lawyers today for a free domestic partnership consultation.

Image courtesy ::: mindgraph ::: on Flickr