Experience and Competence Matter.
Call 770-609-1247 to speak with an experienced Georgia divorce and family law attorney.
You do not have to face divorce and family law issues alone. We will be at your side fighting for you through the entire process. Our Georgia divorce lawyers and family law attorneys have helped hundreds of clients facing what is likely one of the most stressful times of their lives – and we can help you too.
Coleman Legal Group, LLC’s Georgia divorce lawyers and family law attorneys have extensive experience involving the following matters:
Georgia Uncontested Divorce | Georgia Contested Divorce | Child Support | Spousal Support | Alimony | Division of Property | Division of Debt | Mediation | Arbitration | Depositions | Trials | Child Custody and Visitation | More >>
Men and Father’s Divorce Issues
Men are often confronted with divorce when they least expect it. Several studies show that the proportion of divorces initiated by women ranged around sixty percent (60%) for most of the 20th century and climbed to more than seventy percent (70%) in the late 1960’s when no-fault divorce became more available. Furthermore, in addition to usually being the party served with a divorce rather than filing the case, men face several unique issues and challenges in a divorce case.
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Women and Mother’s Divorce Issues
It is not uncommon for a woman filing a divorce to do a lot of pre-planning in regard to moving assets, separating accounts, lining up witnesses and making plans with friends and family to obtain affidavits to use in court. Women frequently make plans well in advance of filing divorce to get alimony, child support and child custody as soon as possible at a temporary hearing. Furthermore, women seeking divorce have usually make a list of assets they want before even meeting with their attorney.
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What You Need To Know About Your Divorce
In speaking with hundreds of people seeking divorce and working in several Superior Courts and in front of several Judges, we attempt to shine light on some of the common misconceptions and confusing contradictions faced in getting divorced in Georgia.
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Uncontested Divorce in Georgia
An uncontested divorce is a case where both spouses agree on all legally required aspects of the divorce. In an uncontested divorce, the husband and wife agree on how to divide all of their property (assets) and of the debts of the marriage. If the husband and wife have minor children, they will also agree on the child custody, visitation and child support amounts. Finally, the parties will also agree if any amount of spousal support or alimony is to be paid.
Once the parties agree on all of the above terms, they are ready to sign a Georgia uncontested divorce settlement agreement (along with several other related forms) setting forth the terms of the big five divorce issues:
Once the husband and wife have signed all of the divorce paperwork, our Georgia divorce lawyers can file the documents with the appropriate Georgia Superior Court and request the court grant a judgment for divorce. This can often be done without the parties even having to go to court. However, this process is much easier when using an experienced divorce attorney. An uncontested finalized divorce can usually be granted in less than sixty (60) days.
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Contested Divorce in Georgia
In a contested divorce, the parties disagree on one or more terms of the divorce – or the defendant cannot be found. When this happens, the person seeking the divorce is left with only one option – the filing a “complaint” with the court. In Georgia, a contested divorce can only be obtained through a court proceeding (Specifically in Superior Court). A copy of this complaint is served on the other spouse, usually by the sheriff or private process server. If the spouse cannot be found and served, then service by publication may be an option. The spouse who has been served with a complaint should consult a lawyer as soon as possible for help answering and possibly contesting statements in the complaint. The formal, written “answer” to the complaint is due with thirty (30) days of service of the complaint.
The disagreements that lead to a contested divorces in Georgia often involve one or more of the following issues:
In a contested case, the parties must resolve by settlement the issues out of court – or a judge will make the final decisions for the parties. The advantages of settling are that both parties will have significant input to the final divorce agreement. However, if a judge decides the final issues – the parties lose a great deal of control over the final result. Sometimes it is worth letting the court decide the issues, especially if the other party is being very unreasonable. However, two reasonable minded people can usually come to an agreement that makes both parties happier than what they might have gotten in a court trial.
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Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
North Point Park
5755 North Point Parkway
Alpharetta, GA 30022
Phone: 770-408-0477 | Map
|Dunwoody, Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Rd
Atlanta, GA 30328
Phone: 770-408-0477 | Map
|Johns Creek, Duluth GA
11555 Medlock Bridge Road
Johns Creek, GA 30097
Phone: 770-408-0477 | Map
125 TownPark Drive
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
Georgia Areas We Serve
Coleman Legal Group, LLC’s divorce and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Covington, Conyers, Newborn, Mansfield, Oxford, Social Circle, Porterdale, Buford, Sugar Hill and Starrsville.
Our divorce and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, Newton, Walton, Rockdale and Clayton.
Copyright © 2014 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
In Georgia at the age of 14 a child may express an opinion of which parent he or she wishes to reside with as a primary physical custodian. The law specifically states, “In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s election for purposes of custody shall be presumptive unless the parent so selected is determined not in the best interest of the child O.C.G.A. § 19-9-3 (a)(5).” The law is further interpreted to mean...read more
In the context of a divorce or family law case, the purpose of deposition is to uncover truthful answers to questions that may not have been fully or adequately addressed on paper during the discovery process. Depositions allow for an attorney and client to examine the opposing party in question to obtain inquisitive responses to questions pertinent to the case. In the state of Georgia the process of depositions and discovery generally must take place within a 6 month time period beginning from the filing of the answer, but can be modified at...read more
Directly disobeying court orders is a common problem in divorce and family law cases which can impact your life, finances, custody, and visitation in negative ways. All violations of court order that are deemed to be without reasonable explanation and are willful are found by most judges to be a contempt of court order. Contempt’s of court order can negatively impact a person’s life or current situation by making the party at fault vulnerable to jail time, fines, community service, modifications of previous orders, and alterations of...read more
Child testimony has been a sensitive subject in most courts and jurisdictions with some courts allowing testimony in extreme cases while in others limiting the ability of the child to testify in an attempt to shield the child from tensions between parties and the conflict of the court case. In most situations it is general practice in the state of Georgia to reserve a child’s testimony for only extreme situations and in such situations that the testimony will take place in the privacy of the judge’s chambers and exclusively in a conversation...read more
Divorces and separations are difficult for children to adapt to and to adjust to as they upset the previous family unit, cause differences in time spent with either parent, cause separations of households, changes in school districts, changes in travel arrangements etc. The divorce process has the ability to radically change a child’s life, for better or worse, which may take significant amounts of time to adjust to. During a divorce there are multiple ways in which a parent can make small changes to assist a child’s adjustment to changes as...read more
Long distance custody issues may arise when either parent moves during custody proceeding or following a child custody proceeding. In situations in which a parent moves during an initial custody preceding either parent may alter parenting plans to incorporate a standard long distance child custody order and certain concerns should be correspondently communicated to the court. In more difficult situations in which a move is made following an implemented award of custody the either parent may motion for a change of custody / motion for a change...read more
In the state of Georgia jurisdiction of the court is the courts ability to hear a case on the basis of subject matter, personal jurisdiction, and or previous jurisdiction. If a court system does not have jurisdiction over the case then their decision can be ruled invalid or if identified prior to final judgment may be relocated or dismissed all together. The state has firm and established guidelines for the determination of jurisdiction in the cases of minor children and other family law cases. In family law cases concerning minor children a...read more
In divorce and family law cases involving child custody issues in which the parents cannot agree or come to a settlement on a parenting plan or custody arrangements then the final decision is left up to the discretion of the judge. Other legal professionals appointed by the judge may review the case and provide the judge an expert opinion on how a parenting plan should be arranged. A judge may take expert opinions into consideration when making an opinion, but it is not mandated that they fully adopt all measures outlined by the appointed...read more
If you have a conflict resolution plan established by court you must follow the plan established in the court order. If you do not have an outlined conflict resolution plan then you may need to re-address the court to establish a conflict resolution plan or take the following steps to settle / resolve a high conflict situation. The benefits of having such a plan are to prevent unnecessary legal cases, saving unnecessary legal cost, and or to prevent hostile and frivolous legal actions generated for the purpose of harassment. When Should I...read more
What is a Temporary Protective Order? Frequently an issue leading up to a divorce or family law case are Temporary Protective Orders – also known as TPOs. A TPO is a legal document implemented by the court to prevent evidentiary patterns of abuse, stalking, or harassment. In the state of Georgia one may file a TPO either as a family violence protective order, Mutual Restraining Order (MRO), or a Stalking / Harassment Protective Order. Each type of order can provide protection, but each may do it in a different way and some are better...read more