Blawg of Attorney Christine M Bechtold

A temporary hearing is unique to family law. It is not a full trial, but a quick hearing with the judge. The temporary hearing can be held in open court or in the judge’s chambers. The purpose of this hearing is to determine what will happen while a divorce is pending. A temporary hearing can address: Where the parties will live Who will stay in the martial home Who is responsible for covering bills Who will keep which vehicle Will there be alimony Will one party pay the other’s attorney’s fees Who the children will live with When the other parent will have visitation with the children What amount of child support will be paid During a temporary hearing, both attorneys present a brief overview of the case, call witnesses to the stand, and argue their case to the judge. There is no jury involved in a temporary hearing, although there may be other parties in the Courtroom. The temporary hearing is limited to two live witnesses...

Under Georgia law, both parents of children under the age of 18 years old in a divorce, separate maintenance, paternity, change of custody, visitation, legitimation, and any other domestic action, are required to attend a parenting seminar. Uniform Superior Court Rule 24.8 . The divorcing parent’s seminar “focuses on the developmental needs of children, with emphasis on fostering the child’s emotional health during periods of stress.” Gwinnett Courts Parenting Seminar The seminar must be completed within 31 days of the original complaint and should be attended in the County which the action was filed. Certificates will be issued after completing the seminar. If a parent cannot attend the class in the County the divorce was filed, they should contact their county superior court and see if their county holds an acceptable parenting seminar. Since the seminar is mandatory in Georgia there are many classes available to suit parent’s schedules. The Gwinnett County Divorcing Parent’...

If your spouse has been away from your marriage, you should consult an attorney to protect your legal interests. People sometimes ask if they can have a divorce based on the fact that their spouse has left them. The simple answer is yes, but it may be difficult to prove. In Georgia there are 13 grounds for divorce, 12 of which are fault grounds, meaning that the divorce is the result of one spouse’s behavior. O.C.G.A. § 19-5-3 .  Desertion is the willful and continued desertion by either of the parties for one year. GA Bar . In order to have a fault divorce based on desertion, you must show that your spouse has been away from your marriage for 12 consecutive months and that they were away willfully. This reason for divorce is not common because most people obtain a legal separation of divorce prior to a year long separation. Additionally, if spouses have been apart for a year they have likely already separated their assets and debts and an uncontested, or no-fault, divorce m...

Many people have heard the word alimony but aren’t sure exactly what it is. When a couple is divorcing their once shared assets are divided up and that may include a sudden decrease in previously shared income for one spouse. Alimony can be appropriate in any divorce where one spouse earns less than the other and they are in need of financial support during a divorce. “Alimony is payment by one spouse to the other for support and maintenance.” GA Bar. Alimony is either ordered as temporary or permanent. Temporary alimony is ordered in the amount needed to keep things as they are while the divorce is in process, while permanent alimony is awarded when the divorce is final for long-term support. As with many issues in divorce, spouses can agree to the terms of the alimony on their own. Typically in uncontested divorces alimony is not seen, but if the parties agree otherwise, it can certainly be part of their final divorce. If the parties cannot agree on alimony, and one party is reque...