Family & Immigration law
Family Law Matters
Are there any fees to come in for an initial consultation?
In most cases there is no charge to come in to discuss a family law matter for the initial consultation. Once we have discussed the matter and decided what services you need, a fee arrangement will be discussed.
What are the residency requirements to file a divorce in Georgia?
To file for a divorce in Georgia, at least one spouse needs to be a resident of the state for six months before filing a petition for divorce. However, if you need some court intervention due to serious problems such a family violence or financial issue, you may be able to obtain relief in the form of a Temporary Protective Order or a Separate Maintenance Petition. We can help you in these circumstances.
Where is the proper place to file a divorce?
The divorce is filed in the county in which the defendant (the person you are filing against) lives in. However, if your spouse lives outside the state you may be able to file in the county where you live in certain circumstances. We can help you determine if you can file in the State of Georgia if your spouse lives outside the state.
What are the legal grounds for filing a divorce?
The following grounds for divorce are recognized in the state of Georgia:
- Marriage between close blood relations.
- Mental incapacity at the time of the marriage.
- Impotency at the time of the marriage.
- Force, menace, duress, or fraud in obtaining the marriage.
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband.
- Adultery in either of the parties after marriage.
- The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer.
- Habitual intoxication.
- Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, that reasonably justifies apprehension of danger to life, limb, or health.
- Incurable mental illness.
- Habitual drug addiction, consisting of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16; (13)
- Irretrievable breakdown of the marriage.
- Willful and continued desertion of either of the parties for the term of one year.
What is a legal separation?
Georgia does not have a provision for legal separation. Many states have a requirement that you be separated for a period (usually one year) before you can obtain a divorce. In Georgia a divorce can be obtained after thirty-one days if all issues in the divorce have been resolved between the parties. Therefore there is no need for recognition of legal separation in Georgia. In other states, legal separation is an alternative to divorce for people who can't continue to live together but do not want to end their marriage. In Georgia this is referred to as Separate Maintenance. A Separate Maintenance action has all the aspects of a divorce, without the divorce. However, once the financial issues in the Separate Maintenance Action have been decided, that decision or settlement is incorporated into the divorce. In other words there is no second bite at the apple if you move from separate maintenance to divorce.
How is child custody determined?
The State of Georgia has a public policy that favors joint legal custody. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, healthcare, extracurricular activities, and religious training. However the court usually gives the final decision making authority in one or more of these areas to one of the parents. If both parents are fit and equally capable of caring for child or children, the court must consider awarding the parties joint legal custody, but is not required to do so unless the court finds that that to do so would be in the best interest of the child. Physical custody is the status of having the child living with that parent the majority of the time with the other parent enjoying access or visitation with the child at specified times. The court sometimes will award joint physical custody if the court thinks that it in the best interest of the child. This results in an award of custody that assures that the child has substantially equal time and contact with both parents. Such an arrangement while possible is not common in our experience.
If the parents cannot agree to custody arrangements, then the Court will decide who will have physical custody of the child based upon what is in the best interests of the child. The Court will consider many factors including the needs of the children, the prior parenting role of each of the parents, the location of the residences of the parents and in some cases the wishes of the child. If 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 selection shall be controlling, unless the court determines that the child's selection in is not in the child's best interest.
In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. However, the court has complete discretion in making this determination and is not bound by the child's election.
How is child support determined?
Georgia has State Guidelines and Child Support Worksheets that determines who pays child support and how much. The guidelines and worksheets consider the income of both the parties, expenses associated with each child such as daycare, medical insurance, shared custody arrangements and educational expenses to name a few.
What can I expect to receive with regards to property and debts?
Georgia is an equitable distribution state. The marital property and responsibility for debts will be divided in an equitable manner. Equitable does not necessarily mean equal, but rather what is considered fair under all the circumstances. At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case. However, Georgia courts have ruled that any asset brought into a marriage by one party will remain that party's property as will any asset inherited or received by gift from someone outside the marriage. Any assets acquired by either party as a result of that party's work or labor is subject to claims from both parties.
Will I receive alimony?
Alimony may be awarded on either temporary or permanent basis. Under Georgia law the adultery of a spouse that causes the separation of the parties prevents the adulterous spouse from receiving alimony. Alimony may be awarded in accordance with the needs of the party seeking alimony, and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony. However, an award of alimony that is for a definite amount for a definite period of time is considered a property division and is usually payable until fully paid regardless of the remarriage of the recipient.
The following shall be considered in determining the amount of alimony, if any, to be awarded:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of both parties.
- The financial resources of each party.
- The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.
- Such other relevant factors, as the court deems equitable and proper.
- [Based on Georgia Code - Sections: 19-6-1 and 19-6-5]
If I already have a court order, can it be modified?
Custody of your children can be modified based upon a change in circumstances that affects the best interests of the children, or upon a child reaching the age of 14 and choosing to live with a parent that is not considered unfit. The change in circumstances usually refers to a change for the worse in the circumstance surrounding the custodial parent. Child support payments or alimony obligations that are not limited in time or amount can be increased or decreased based upon a change in financial circumstances.
What is mediation?
Mediation is a process by which people in conflict seek mutually acceptable solutions through the help of a trained mediator. Mediation is a very popular method for resolving divorces and other domestic/family law cases. The parties and their attorneys meet with a mediator. The mediator is required by law to be trained in mediating domestic/family law issues. The process is less formal than court proceedings. Everything presented and said in the mediation session is confidential and cannot be used in the court proceeding unless discovered outside of the mediation session. Many judges require that divorce and domestic relations cases go through the mediation process before they will schedule a court hearing. You are not required to settle your case in mediation, you are only required to attend and make a good faith effort to resolve your case in the mediation.
What is a legitimation?
A legitimation is the only way besides marring the child's mother for a father of a child born in Georgia to establish legal rights for his child. An order legitimating the child establishes a legal relationship between the father and the child and allows the child to inherit from his/her father. Even if you are listed on the child's birth certificate as the father, if you and the child's mother were not married to each other, you must still file a petition with the court to legitimate your child.
Do grandparents have rights regarding custody and visitation with their grandchildren?
Grandparents have rights in Georgia to seek custody or visitation with their grandchildren. The court will determine custody based on the best interest of the child standard. This standard requires the grandparent to show that parental custody would harm the child; and that in granting custody to the grandparent it will promote the child's health, welfare and happiness.
Immigration
Who can petition for a family member to come to the United States?
US citizens and lawful permanent residents may petition for certain family members to become lawful permanent residents. U.S. citizens may petition for their "immediate relatives," which include spouses, unmarried minor (under 21 years old) children, and parents. U.S. citizens may also petition for unmarried adult (21 and older) children, married sons and daughters, and brothers and sisters.
What are the two different kinds of family petitions?
Immediate relative petitions (immediate relatives are the spouses, parents, and unmarried children under 21 years of age of U.S. citizens) and preference petitions (for everyone else).
How can I become a U.S. Citizen?
A person can become a U.S. Citizen by birth or naturalization.
What do I need to do to apply for naturalization?
To apply for naturalization, you must:
- Be over 18 years old
- Have had permanent resident status ("green card") for at least five years (three years if you got permanent residence through marriage to a U.S. citizen, and you are still married to and living with that U.S. citizen military service may also shorten your wait).
- Have been physically present in the United States for at least 2½ years of the five years immediately before you file your application for naturalization. You must also have lived in the state where you file the application for at least three months before you file the application.
- Be functionally fluent in spoken and written English, and be able to pass a test showing you understand the basics of U.S. history and the U.S. system of government. (There are limited exceptions to this for some people, because of disability, or age and length of residency).
- Have "good moral character".
- Be willing to take an oath of allegiance to the United States. The oath includes being willing to bear arms on behalf of the U.S. if the law were to require it.