Family Law

How Does In-Home Separation Work in Georgia?

In some states, you must legally separate from your spouse for a specified period as a condition for even a no-fault divorce. Georgia has no such formal requirement.  Nevertheless, there are legal reasons why a couple that plans to divorce might maintain an “in-home separation” household prior to filing for divorce. It is important that… read more

What Is a Subpoena Duces Tecum?

Obtaining information and evidence is a crucial step in a family court action. The discovery process allows you to request documents and information from the opposing party. However, there are times when you might need evidence from someone who is not involved in the family court proceeding.  Obtaining documents from a third party can be… read more

DNA Tests Can Be Inaccurate and False – Understanding Your Legal Options

The law uses DNA testing in a variety of ways. In family law, litigants normally use it to establish paternity. The consequences of a DNA test, then, can be dramatic and permanent.  It is disturbing to note that DNA tests are sometimes inaccurate. If you uncover inaccurate DNA testing and you can trace the error… read more

Can a Prenuptial Agreement Be Violated in Georgia?

Georgia courts recognize prenuptial agreements when they are validly executed. Valid prenuptial agreements are enforceable contracts. Therefore, if your spouse violates any of your prenup’s terms, you can petition the court for an order compelling your spouse to comply with the prenup or seek compensation for damages caused by the violation.  Are Prenuptial Agreements Unbreakable… read more

Lawrenceville Family Court

Family court is a vastly different type of legal system than many people are used to dealing with. Criminal and civil court systems are often focused on who is at fault in a particular situation, who may have violated the law, and who should be punished or held liable. Family courts, in contrast, are rarely… read more

What Is a De Novo Hearing?

In a de novo hearing, the court responds to an appeal from a lower court ruling, and it judges the issues before it without granting any deference to the judgment of the lower court. De novo hearings are common for family law issues such as: The stakes are high when courts decide these issues, and… read more

Limitations on Spousal Privilege

Spousal immunity is also known as the husband-wife privilege or marital privilege. There are two types of spousal immunity. One protects private spousal communications, and the other protects a spouse from being compelled to testify against their spouse in judicial proceedings. Georgia recognizes spousal immunity. Generally, a spouse may not be forced to testify against… read more

Getting a Marriage Annulled in Georgia

A divorce ends your marriage. An annulment makes it, legally speaking, like your marriage never happened.  If you meet certain requirements, an annulment may be an option for you in Lawrenceville, GA. To help you get an annulment, speak with an experienced annulment lawyer. Georgia Annulment Requirements Not every marriage is eligible for an annulment…. read more

What is a Subpoena?

Family law disputes may include matters related to divorce, custody, property division, paternity, and spousal support. Unfortunately, the parties often disagree about how the matter should be resolved. The result is litigation through the court.  Subpoenas are valuable tools used to gather information about a case. They may also be used to obtain evidence and… read more

Does Georgia Recognize Common Law Marriage?

People talk a lot about common law marriage, but only a few states recognize them. The state of Georgia only recognizes common law marriages from before January 1, 1997. It also recognizes common law marriages entered into before this date are valid. The same is true of common law marriages from other states. What is… read more