Blawg of Attorney Christine M Bechtold

Most County Governments in Georgia are closed on Monday, May 28, 2018 in honor of those who died while serving in the U.S. military .  Below is a list of local counties and links to their holiday schedule: Barrow County Closed Gwinnett County Closed   Newton County Closed Rockdale County Closed   Walton County Closed The Law Office of Christine M Bechtold, LLC will be open by appointment on Monday, May 28, 2018. You can send a confidential email directly to attorney Bechtold for legal information at anytime: Christine@Bechtold-Law.com .

Divorce cases are filed as Domestic Civil Cases in Superior Court. Filing fees to the Superior Court vary by county, see list and links below for the most recent filing fees as of March, 2018. Alcovy (Walton and Newton Counties) $210.00 www.alcovycircuit.com Athens-Clark County $215.00 athensclarkecounty.com Dekalb County $214.00 www.dksuperiorclerk.com Fulton County $221.00 www.fcclk.org Gwinnett County $213.00 www.gwinnettcourts.com Rockdale County $209.00 www.rockdaleclerk.com The filing fee is paid to the Clerk’s office for the filing and processing of your case. If your case requires service of process by the Sheriff, there is a separate fee to the Sheriff’s office of $50.00 per person, per address. If your county is not listed above, call the Clerk of the Superior Court in your county for the most recent fees. This is an update to the prior 2015 post: http://bechtold-law.blogspot.com/2015/08/how-much-does-it-cost-to-

" We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Declaration of Independence. “Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument.” archives.gov . In the Declarationof Independence Thomas Jefferson lists various reasons why Independence is necessary, just a few are listed below: "The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” archives.gov. "He has abdicated Government here, by declaring us out of his Protection and waging War against us." archives.gov. "For taking away our Chart

Most County Governments in Georgia are closed on Tuesday, July 4th in honor of our nation's Independence. Below is a list of local county hours.    "The Newton County Judicial Center will be closed on Tuesday, July 4, 2017.  The Walton County Government Building will be closed on Monday, July 3, 2017, and Tuesday, July 4, 2017, in observance of Independence Day." alcovycircuit.com. Barrow , Gwinnett , and Rockdale County Governments will be closed on Tuesday, July 4, 2017. barrowga.org ; gwinnettcounty.com ; rockdalecountyga.gov . Gwinnett County Courts are, "Closed on legal holidays." gwinnettcourts.com. The Law Office of Christine M Bechtold, LLC also will be closed Monday, July 3, 2017 and Tuesday, July 4, 2017 to celebrate this wonderful holiday of independence. Send a confidential email directly to attorney Bechtold for legal information Christine@Bechtold-Law.com .

If you have a shared minor child and plan to be divorced in the State of Georgia you will likely be required to attend a parenting class or seminar. Requirements, schedules, and fees vary by county. “The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in any domestic relations action before the court.” Georgia Superior Court Rule 24.8(B). “ The goal of this program is to assist the parents in understanding the impact of divorce on children, reduce potential conflicts, and offer practical solutions to future problems. ” alcovycircuit.com “The seminar focuses on the developmental needs of children, with emphasis on fostering the child's emotional health during periods of stress.” gwinnettcourts.com Information on local county parenting classes are listed below: Alcovy (Newton and Walton Counties): Fee : $25.00, cash or money order Attendance : Di

Divorce fees vary by state, county, and law firm. In all divorce cases in Georgia, you will have a filing fee paid directly to the Clerk of Court. Filing fees in Georgia vary by county, below is a list of local Superior Court filing fees: Walton County: $210.00 alcovycircuit.com. Newton County: $210.00 alcovycircuit.com. Gwinnett County: $213.00 gwinnettcourts.com. Rockdale County: $209.00 rockdaleclerk.com. If you have a shared minor child with your spouse, you may also be required to attend a parenting class/ seminar for an additional Court fee. Programs and fees vary by county. See my post on parenting classes here: bechtold-law.blogspot.com . Finally, you will have attorney fees for your divorce. Divorce situations vary greatly from family to family which in turn impacts your attorney fees. “Be sure to get your fee arrangement in writing from your attorney before you enter into any attorney-client relationship.” bechtold-law.blogspot.com.

Yes, you can restore your maiden name after divorce in Georgia. “Your last name does not automatically revert to your former or maiden name once you get divorced.” www.wikihow.com . “In most states, you can request that the judge handling your divorce make a formal order restoring your former or birth name.” www.nolo.com People have many reasons to change (or not change) their name after divorce. In blog post “Should You Change Your Name Back After Divorce?” Jackie Pilossoph lists the following considerations: (1) Children, (2) Reason, (3) Profession, (4) Comfort, and (5) Time. www.huffingtonpost.com . The decision to change your name is a personal decision that only you can make, however, “one reason a woman absolutely should not change her name back to her birth name, is if it is solely for the purpose of avoiding creditors or criminal prosecution.” www.forbes.com . Georgia allows for the restoration of your maiden name with your divorce as long as it is reque

No, the Georgia Courts do not require child support to continue through college. “The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.” O.C.G.A. § 19-6-15(e) . Child support generally ends at age 18, but can be continued through age 19 if the child is still in high school. The Courts do not Order child support past the age of 19 unless the parties agree in clear written language. The Georgia Commission on Child Support was formed to establish and regularly review, “child support guidelines, development and maintenance of the Georgia Child Support Calculator, recommending legislation, providing training throughout the State to judges, attorneys, and the public, and many other duties.” http://csc.georgiacourts.gov/ . This Commission ensures that child support is standard across the entire state of Georgia. Any variation on the standard child support duty must be

“Disputes over pet custody most commonly occur when a couple, married or unmarried, breaks up and both partners want custody of the animal.” stories.avvo.com . “A pet owner might feel that his or her beloved pet is like a child, but Georgia courts simply view pets as personal property.” www.ksfamilylaw.com . “Because pets are personal property legally, the courts do not have to consider their best interest in awarding ownership.” www.animallaw.info . If parties cannot agree to custody of the family pet then the Georgia Court will apply its equitable division standard. “Equity seeks to do that which is fair, and what is fair is not necessarily equal - not in Georgia.” www.avvo.com . In many pet custody issues, parties reach an agreement outside of Court regarding the family pet to avoid fighting in Court over another highly emotional topic. If the parties can not agree on custody of the pet, mediation may be recommended to work out the details outside of Court. Some p

Divorce in Georgia can be contested or uncontested. “In an uncontested divorce, the spouses reach mutual agreement on relevant issues like alimony, child custody, child support, and asset division.” www.avvo.com . Contested divorces conversely are resolved by the Court and require litigation. There are many benefits to an uncontested divorce in Georgia: the divorce can happen sooner because you resolve the issues on your own time-line and do not need to have a long waiting period with the Court; the process is “usually more efficient” www.divorcenet.com ; it is cheaper because you do not need to hire an attorney to fully represent you in Court; you know the legal fees before you start bechtold-law.com ; it is less stressful because there are less legal proceedings; your private life stays private, “you do not have to list a specific wrongdoing by your spouse to start a divorce, but must only swear that the marriage is “irretrievably broken” ww

Yes, you can request a certified copy of your final divorce Order with the Clerk of Courts where the final Order was entered. For divorce and family law issues, request a certified copy from the Superior Court Clerk. Be sure that you specifically request a certified copy if that is what you need. A legal certified copy is, “a copy of a document signed and certified as a true copy by the officer to whose custody the original is intrusted.” thelawdictionary.org . Some organizations will not accept standard copies and require that your copy be certified. The Superior Court Clerk can assist you with a certified copy request. You should contact the Clerk first to be sure they have the document you will be requesting. Be prepared with your Civil Action Number, the original names of the parties, the County where the case was finalized, and the approximate date of the Order you are requesting. Certified copies are generally only obtained in person at the Clerk's office. Typical

Divorce cases are filed as Domestic Civil Cases in Superior Court. Filing fees to the Superior Court vary by county, see list and links below for the most recent filing fees as of July, 2016. Alcovy (Walton and Newton Counties) $210.00 www.alcovycircuit.com Athens-Clark County $215.00 athensclarkecounty.com Dekalb County $214.00 www.dksuperiorclerk.com Fulton County $221.00 www.fcclk.org Gwinnett County $211.00 www.gwinnettcourts.com Rockdale County $209.00 www.rockdaleclerk.com The filing fee is paid to the Clerk’s office for the filing and processing of your case. If your case requires service of process by the Sheriff, there is a separate fee to the Sheriff’s office of $50.00 per person, per address. If your county is not listed above, call the Clerk of the Superior Court in your county for the most recent fees. This is an update to the prior 2015 post: How Much Does It Cost to File My Divorce? . 

Yes, there are options available for discounted legal services for family law issues. First, you need to know if you have a criminal or civil case. “Criminal laws are the rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape and other kinds of crimes.” www.lawhelp.org . Civil cases involve those where one person is suing another. Family law cases (divorce, child custody) are civil cases. “Under U.S. law, if you have been accused of a crime that may lead to jail time, the judge should assign a government-paid lawyer called a public defender or legal aid lawyer to represent you in court...” ww.lawhelp.org . Public defenders are not assigned for civil cases. There are resources available for discounted legal services for civil cases. GeorgiaLegalAid.org is one whose, “goal is to provide the public with easy Internet access to basic legal information and legal resources in Georgia.” http://www.georgialegalaid.org/ . “If you do

"The Newton County Judicial Center and the Walton County Government Building will be closed on Friday, March 25, 2016, in observance of Good Friday." http://www.alcovycircuit.com/news/203-holiday-schedule.html . The Gwinnett County Courts are, "closed on legal holidays." http://www.gwinnettcourts.com/ . Good Friday is not an observed legal holiday in the State of Georgia. https://georgia.gov/popular-topic/observing-state-holidays . The Law Office of Christine M Bechtold, LLC will have limited appointments on Good Friday 2016 and will be available via email at Christine@Bechtold-Law.com and by phone message at 770.466.2700. Have a Happy Easter with your family!

Independence Day is one of the most important federal holidays in the United States commemorating the Declaration of Independence, which declared our independence from the Kingdom of Great Britain. bechtold-law.blogspot.com.   “Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument.” www.archives.gov. “What Jefferson did was to summarize this philosophy in ‘self-evident truths’ and set forth a list of grievances against the King in order to justify before the world the breaking of ties between the colonies and the mother country.” www.archives.gov. In the Declaration of Independence Thomas Jefferson describes why the Declaration is necessary: "The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” www.arc

Independence Day is one of the most important federal holidays in the United States commemorating the Declaration of Independence , which declared our independence from the Kingdom of Great Britain. bechtold-law.blogspot.com .   “ Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument.” www.archives.gov . “What Jefferson did was to summarize this philosophy in ‘self-evident truths’ and set forth a list of grievances against the King in order to justify before the world the breaking of ties between the colonies and the mother country.” www.archives.gov . In the Declaration of Independence Thomas Jefferson describes why the Declaration is necessary: "The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny

People often ask “who will hear my case?” In Georgia, the answer depends on where you and/or the defendant lives and what your case is about, however many cases are heard by the Superior Court. There are 10 Judicial Districts in Georgia which includes 49 Superior Court Judicial Circuits. http://www.georgiacourts.gov/aoc/selfhelp/gacourts_guide.pdf . Every county in Georgia has its own Superior Court, but it may be attached to another Judicial Circuit. For example, the Gwinnett Superior Court Circuit just includes Gwinnett County while the Alcovy Superior Court Circuit includes both Newton and Walton Counties. Your Superior Court is based on the County you live in. The Superior Court has general jurisdiction, which means the Superior Court can rule on any criminal or civil action which is not already designated to be heard by another Court, such as traffic, misdemeanors, bankruptcy, immigration, or probate. Georgia Superior Courts hear a large variety of cases including fel

The purpose of the Domestic Relations Financial Affidavit is to summarize your individual current income, assets, and expenses. It is used to ensure full financial disclosure and is also used to determine any child support obligation. This is a standard form used by the Court. You can either type the information or hand-write it in. The person completing the form is the “affiant” and the form should reflect your individual current financial situation. This Domestic Relations Financial Affidavit will be made under oath; you are swearing to tell the truth based on the information contained in the Affidavit. After you complete the form, do not sign it until you are with a notary. Try not to leave blank spaces on the form, if something is not applicable enter “n/a” or “$0.00.” The figures should be good-faith numbers on your current finances. Use averages whenever possible, but if you are unsure, put in estimates and note that it is an estimate. You will not be re