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Atlanta Family Law and Personal Injury Blog

What are the Different Forms of Discovery in a Divorce Case?

One of the most important things that is done at the beginning of the divorce legal process is obtaining information from the other side that will assist with the case. Information needed to prepare for a divorce or custody action may come in the form of bank statements, pay stubs, travel receipts and other forms of documents that will assist the court in determining how assets are divided or how much assistance a spouse or child may be entitled to. The time generally provided for discovery to be completed is six months.

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Dangers of Incarceration for Missed Child Support Payments

The biggest fear for noncustodial parents behind on child support is an angry judge sentencing them to a period of jail time for the infraction. Typically, the court has the power to encourage compliance with it’s orders and decrees by issuing fines and in some cases, jail time, if conditions are not followed.

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What Should I Do If a Guardian ad Litem is Assigned to My Child Custody/Visitation Case?

In most cases the court has appointed a Guardian ad Litem to the case due to a concern expressed by either parent regarding the child’s well-being. The court will be relying on the GAL to provide independent advice on what is in the child’s best interest. A GAL investigation can take several months and involve several requests to interview the parties, the child, review documents and make in-home assessments of living conditions.

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Prenuptial Agreements Aren’t Just for The Rich

There are several scenarios mentioned in the article that provide beneficial uses of prenuptial agreements for persons that are not considered wealthy. Attorneys regularly report working with couples that want to protect a business that they own or simply want finances outlined prior to the marriage. They are generally considered useful for couples that have an existing wealth imbalance or a possible one in the future.

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What Does It Mean to Have a Soft Tissue Injury?

Often times soft tissue injuries are not visible with the naked eye. It is easy to detect a bruise, burn or scarring. However, internal damage may require further analysis in order to prove in court. Therefore, in addition to collecting photographs of the accident scene, damage to vehicles involved, witness statements and photos of injuries, it is imperative that your medical examinations are carefully reviewed for evidence of injuries directly related to the accident.

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What Must Be in a Georgia Parenting Plan?

The parenting plan outlines which parent will have legal and physical custody of the minor child. Additionally, these plans can give very detailed instructions on visitation, medical decisions, religious affiliation decisions and other matters related to caring for the child. Regardless, whether a custody matter arose because of a legitimation or a divorce, O.C.G.A §19-9-1 provides requirements as to what provisions must be included in every parenting plan in the state of Georgia.

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One in 6 Divorcee’s Do Not Realize Their Pension Could Be Affected

In the State of Georgia, Qualified Domestic Relations Orders (QDRO) are utilized to fairly divide pension-related assets amongst married couples. Essentially, the QDRO treats the recipient spouse as a plan participant for the purpose of receiving a distribution from the pension. The answer as to whether or not pension or retirement accounts will be subject to equitable division is different in each case.

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Can a Custodial Parent Move Out of the State with the Child?

The ability of a parent to make decisions as it relates to a child’s life depends on the type of custody the parent has. The two types of child custody in the state of Georgia are physical and legal custody. Physical custody simply refers to having physical possession...

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Do You Need Uninsured or Underinsured Motorist Coverage?

Also known as (UM) and (UIM) coverage, uninsured motorist and underinsured motorist coverage may cover expenses such as vehicle damage, medical treatment for you and your passengers, lost wages and funeral expenses. In the event a driver is struck by an uninsured motorist their policy would kick in to cover the above-mentioned expenses up to the policy amount. Underinsured motorist coverage is different in that it would kick in after the at fault party’s insurance policy is exhausted.

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Reducing Stress for Children During a Divorce

Unfortunately, this can expose children to adult situations that they are not emotionally equipped to handle. Experts note that the trauma of a divorce for some children can impact other areas of their lives including grades, social connections and mental health. For this reason, it is important to limit the child’s exposure to some of the adult-based scenarios that arise during a divorce proceeding. 

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