Under Georgia law, O.C.G.A. § 4-5-55, if you are suspected by a law enforcement officer of DUI, you can be requested to provide a breath, urine, or blood test. If you refuse, the officer can try o suspend your driver's license. You can, however, appeal. If you are arrested for DUI in Georgia, you need to understand what your rights are and what actions to take if you refuse a blood, breath or urine test. Also, a police officer can attempt to suspend your driver's license if you take a breath test and you blow over .08.
In Georgia it is possible to have an uncontested divorce. This is when both parties are in agreement on all the issues involved in the divorce. Having a cooperative/collaborative is possible when both spouses work together and with their attorneys to settle issues without the need for a judge or jury to decide them
Field Sobriety Tests are used by law enforcement in Georgia to help determine if a motorist should be charged with DUI. The tests include the walk and turn, the one-leg stand, and horizontal gaze nystagmus. The tests are not mandatory. You can decline to take them.
If you're a parent who criticizes the other parent, watch-out for being accused of parental alienation. Divorce and family law situations can cause a host of negative emotions, but if a court finds that you are turning your child against the other parent, you can be severely penalized. Some have even labeled “Parental Alienation Syndrome” a form of emotional child abuse. It can cause feelings of anger, anxiety, and depression in the affected child. If the other spouse is alienating your child from you, document it.
Mediation is an informal meeting between the spouses (and their attorneys) with a neutral third party (the mediator). The mediators are generally paid hourly, and their fee is divided between the parties. Their primary function is to hear both sides and then work out a compromise to settle the case in full, or at least partially. A mediator can work through all of the issues in the case: child support, child custody, splitting assets (the house, retirement accounts, bank accounts, collectibles, etc.). Attempting to settle your case at mediation saves the costs of preparing for and attending trial. Mediation is more intimate (just the spouses, attorneys, and the mediator) and you have more control over the details of the settlement agreement.
In Georgia, if you can't locate your spouse, you can try to get a divorce by publication. Before a Georgia court will allow a divorce by publication, you must show your due diligence in trying to locate the other party. You have to do a diligent search. It also has to be published in the official legal paper of that county. A divorce by publication will not address child custody or child support.
In Georgia, if you are a victim of family violence or if you are being stalked, you can seek a Temporary Protective Order (“TPO”) from a court. Protective orders are exactly that - orders by a Georgia court to prohibit an alleged abuser from having contact with the victim. If you live with the abuser and they are your spouse/significant other or relative, you would seek a “Family Violence Temporary Protective Order.” If you are seeking protection from an abuser who is not family and does not live with you, you can seek a “Stalking Temporary Protective Order.”
Social media has become a huge part our daily lives. Social media can have a big impact in your child custody case. The things you post could negatively affect your case. Always be mindful of what you post as it could come back to haunt you later. The best rule of thumb is to avoid social media during your divorce.
The Georgia super-speeder law adds an additional fine of $200 payable directly to Georgia Department of Driver Services, although it does not add any extra points to a driving record. To be a super-speeder, you must be convicted of speeding at 75 MPH on a two-lane road, or speeding at 85 MPH or higher on any roads in Georgia. The super-speeder law is applicable to out-of-state license holders as well and can result in another state taking action against your driver's license.
To file bankruptcy a Georgia bankruptcy lawyer will need to know such things as your income, your expenses, your debts, what property you own, and what types of debt you have. Bankruptcy is very complicated and a good bankruptcy attorney needs correct information to ensure you get rid of you debts.
An essential document in any Georgia divorce is a domestic relations financial affidavit, commonly known as a "DRFA." A DRFA is a financial affidavit and has several sections. It includes sections for assets, expenses, and debts. Many spouses don't know their own financial situation until the divorce begins because many times only one spouse handles the bill payments and budgeting. A DRFA is used in both uncontested and contested divorces. It is notarized and should be completed honestly.
An executor of an estate in Georgia is an individual appointed to administer the last will and testament of a deceased person. The executor is the person specifically named to carry-out the wishes of the deceased person. An executor is usually a family member or a trusted friend. A good executor should be a good listener; should be in charge of finding a probate lawyer to file the will with the probate court; should get death certificates; should have a spreadsheet listing necessary financial items; and should make sure no property is stolen from the decedent.
People get divorced for many reasons. But five reasons are frequently seen by divorce lawyers. These include money issues, addictions, extramarital affairs, disagreements that never get settled, and a lack of compatibility sometimes from mental illness or a narcissistic personality.
Child custody is an important issue in Georgia. Unless the parties can set aside their emotions and work together peacefully, it is unlikely that a 50/50 parenting plan will be successful. Many judges are skeptical about a parent who has previously been uninvolved wanting an award of equal parenting time. Too often it appears that a request for equal parenting time is motivated by a desire to punish the other parent or to avoid paying child support. Even with equal parenting time, child support can be ordered if the parents’ income is disparate. The impact on the child or children should be considered in developing an equal parenting situation. Finally, every divorcing parent must be aware that their child will have an adjustment period at each transition between parents.
The hot housing market is causing problems for some would-be bankruptcy filers. A reason people are having difficulty filing chapter 7 bankruptcy is caused by the increase in housing values. The price of real estate is increasing. This can be bad news for Georgia debtors. The exemption for a single homeowner in Georgia is $21,500, meaning a single person’s home can not have equity of more than $21,500. The exemption is doubled for a married couple.
A child born in the United States is a citizen and shouldn’t be deported even if the mother is deported. If a spouse gets deported then the citizen spouse should automatically receive custody. A layer of protection for the citizen spouse would be to have the educational tiebreaker to choose what school the child attends. A Court may be reluctant to give primary custody of a child to a party who is in the US illegally because living with a parent who could be deported at any time is not in the best interests of the child.
We help people get a name change. Georgia law allows people to change their name. Getting a name change makes people more happy with themselves and more confident. Many famous people and celebrities of all types have gotten a name change. We file all the required paperwork with the court to convince a judge that the name change should be approved.
Under Georgia law, same sex divorces are the same as opposite sex divorces. The United States Supreme Court legalized gay marriage nationally in the case of Obergefell v. Hodges, 576 U.S. 644 (2015). Spousal support, division of property, child custody, child support, and Georgia residency requirements are just a few of the issues that might need to be addressed when filing for divorce, and the law is the same regardless of the genders of the married spouses.
Six recent QDRO questions that we answer include: What Retirement Plans Require a QDRO? What is a Qualified Domestic Relations Order (“QDRO”)? Why do I need an Annual Benefit Statement for a QDRO? Are Retirement Assets Joint Property? Is a QDRO a complicated document? When both spouses have nearly equal retirement benefits, does that change anything for the QDRO?
A Qualified Domestic Relations Order (a QDRO) is the mechanism created under law to transfer money out of a retirement account, either a 401(k) or a pension. A QDRO should be drafted correctly or it will be rejected. The QDRO should be referenced in the settlement agreement or mediated agreement and the agreement should state how the retirement account is to be apportioned using exact figures (either specific dollar amounts or percentages) or a date certain upon which to value the retirement account.
The Coronavirus pandemic is affecting just about every aspect of daily life in Georgia and around the United States. Its impact extends to the federal, state, and local governments. Bankruptcy courts, out of necessity, are changing, modifying and adjusting their rules because of COVID-19.
A Qualified Domestic Relations Order (a “QDRO”) is utilized to apportion retirement benefits in the state of Georgia. A QDRO must be used to divide a 401(k) and a pension. That is the only way to divide these retirement accounts when you get divorced. Each pension or 401(k) requires its own separate QDRO. A judge from the court that granted the divorce must approve of the QDRO. If a party doesn't cooperate in providing information for the QDRO, that party can be sanctioned by the court.
Many divorces are uncontested, but some are contested and have issues that need to be negotiated by the parties involved or decided by a judge. Child custody is based on the best interests of the child. Child support in Georgia is done with the child support calculator. Alimony is based on various factors. Length of marriage, incomes, job and career possibilities, and education are just some of the variables considered when looking at alimony.
Many lawsuits are filed every day in Georgia. Many of these legal actions involve the non-payment of debt. If you file bankruptcy, you can eliminate the debt you are being sued on. Many people get served with law suits and then contact a bankruptcy lawyer. If we file either a chapter 7 or chapter 13 bankruptcy, we can eliminate the debt and make the lawsuit "go away."
Paternity is determined with a blood test or a buccal swab. A DNA test is highly accurate and can determine the likelihood of paternity to 99.99 percent. The DNA test will confirm or disprove if you are the child’s father. In fact, it can exclude the father with 100% accuracy. DNA is a unique genetic "fingerprint." A baby takes half of each parent’s DNA, so the baby is a shared mix of its mother’s and father’s DNA.