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What Is an Ex Parte Custody Order in Georgia and When Do You Need One?

If you and your child’s other parent do not live together or decide to separate or divorce, you must file a petition asking for custody. Without a formal custody order, both parents retain their rights regarding the child. A court is the only entity that can modify or revoke a parent’s legal rights. In most… 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

What Is a Custodial Parent?

Generally, the custodial parent is the parent who lives with the child and has physical custody of the child. In other words, the parent is the child’s primary caregiver. Noncustodial parents typically have visitation and timesharing arrangements with the child. In Georgia, parents can share custody of a child or have sole custody. When the… read more

Do I Have to Pay Child Support With 50/50 Custody in Lawrenceville?

You might. It all depends on the circumstances of your divorce. When you get divorced in Lawrenceville, Georgia, you’ll need to make lots of decisions. If you have children, those decisions could become more complex and emotional. Divorce, child custody, and child support can have a substantial impact on your finances. Seek appropriate legal advice… read more

What’s the Difference Between Legal Custody and Physical Custody?

There are two types of custody in Georgia: legal and physical. What are the differences? They sound similar, but there are key distinctions you need to be aware of. These differences apply to your rights as well as the responsibilities you have to your children. Legal Custody Legal custody gives you the right to make… read more

Are My Assets in Danger if Spouse Causes a Car Accident During Divorce?

A car accident can be extremely frustrating. In addition to dealing with your injuries and property damage claims, the other driver might sue you for damages. If so, you could be liable for a substantial judgment.  However, what happens when your spouse causes a car accident during a divorce? Could the injured party try to… read more

How to Request a Drug Test in Your Child Custody Case

Substance abuse is a severe problem in the United States. Tragically, many children live in homes with a parent who is addicted to drugs. Courts seek to protect children when they are made aware that a parent has a substance abuse problem. If you believe your child’s other parent is using drugs, you can request… read more

Is My Spouse Entitled to My Inheritance After Divorce?

Generally, inheritance is considered separate property during a divorce action. Therefore, your spouse should not be entitled to the inheritance you receive before or after a divorce. It remains yours unless you convert the funds into marital property.  After your divorce, whether your spouse receives an inheritance from your estate depends on the terms of… 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

Is My Ex-Spouse Allowed to Take Our Child Out of the Country?

Going through a divorce is never easy, and it’s even more emotional when you have a child. Even after the divorce process is over, you still have to interact with your ex-spouse. You will likely have to work together to make major decisions for your child.  But what if your ex-spouse wants to take your… read more