Blawg of Attorney Christine M Bechtold

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. “There are a variety of different methods through which a lawyer might charge for legal services, and usually the type of case dictates the type of fee agreement.” research.lawyers.com . Lawyer fees are generally either flat, retainer, or contingency. Flat Fees : Seen when litigation is not involved, provides a set price, often used with document production or review cases. “Some lawyers feel that a flat fee arrangement lets everyone relax and makes for a better attorney-client relationship. You won’t feel reluctant to call or email with a question, and the lawyer can take the time necessary to listen to your concerns and explain things to you without feeling like the meter is running.” nolo.com . Retainer Fees : Used in litigation cases, acts as a deposit, billed against by attorney at an hourly rate, total fees can vary. “The money is placed in an account separate from his operating account, and he bills his time against it as the case progresses.” thebalance.com. C...

“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...

Yes, married parties can separate at anytime, but divorce is only valid when it goes through the Court. “Because marriages are legal contracts, the law requires that they be dissolved by the court.” www.georgialegalaid.org . If you are considering a separation from your spouse, be sure to have open communication and discuss with a family law attorney about obtaining a written separation agreement. Legal separations go through the Superior Court in Georgia the same way as a divorce. “Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain married.” divorcesupport.about.com . A legal separation, “isn't very common, but there are situations where spouses don't want to divorce for religious, financial, or personal reasons, but do want the certainty of a court order that says they're separated and addresses all the same issues that would be decided in a divorce.” www.nolo.com . “Legal separation is useful when...

Yes, everyone should have a living will. This legal document allows you to set-up guidelines for your healthcare in the event you can't make the decisions yourself. A living will, durable power of attorney for health care, and advance directive for health care (ADHC) are all the same document. Since 2007, Georgia has combined all of these documents into the ADHC. bechtold-law.blogspot.com. "You have the right to control all aspects of your personal care and medical treatment, including the right to insist upon medical treatment or direct that medical treatment be withheld or withdrawn. If you cannot (or do not want to) communicate your health care decisions for yourself, you have the right to choose someone to make health care decisions for you. You also have the right to state your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness. The Georgia Advance Directive for Health Care Act gives you an opportunity to choose ...

Prenuptial agreements are generally looked upon negatively. They are believed to be for people with exceptional amounts of money or when someone believes their marriage is likely to end in divorce - this is simply not true. A prenuptial agreement is a contract between two willing parties who are interested in protecting their interests after marriage. A prenuptial agreement starts with an open discussion between two people who are interested in moving into a successful marriage and are not planning for divorce, but rather, are having an honest conversation about what happens if something goes wrong. A prenuptial agreement allows a marrying couple to clarify what will happen to their personal and financial items in the event of divorce. Having these decisions about personal property decided ahead of time may potentially avoid a delayed and expensive divorce later. For those who did not enter into a prenuptial agreement, a postnuptial agreement between married c...

I recently received the following email from a concerned grandfather who, like many, paid for a complicated divorce when it may not have been necessary: “The case began when my daughter and grand kids arrived at my home leaving her husband in another state. They had no assets and the reason left no option but divorce. He was a stay at home dad and pleaded ‘no money’ to help with legal or other expenses but agreed the divorce was necessary. He soon moved to Atlanta with the help of his parents. My daughter quickly started a new job. I contacted Christine but was referred to a high profile attorney and paid the firm $5,000 to begin the process then stepped aside and let all bills be mailed to my daughter who had moved to her new residence.  I gave them no specifications or budget. Soon I was hearing about interviews and negotiations. I learned he had to sign an agreement or go to court. So in my mind, they were preparing a divorce to his specifications. My daughter deliver...

The Norcross Police Department is, "warning residents about door-to-door salesmen selling alarm systems who reportedly are misrepresenting endorsements for their products." Fox 5 3/12/11 . Did you know there is a Federal law that governs sales that take place in your home? Federal law 16 C.F.R. 429 lists your rights regarding most door-to-door sales, including specific contract requirements for sales at your home. GA Consumer Rights. It is important to be aware of your rights! What to do when a salesperson knocks on your door: Remember that you do not need to answer the door. It is your home and you can simply not answer the door. If you do answer the door, be safe. Do not immediately allow a stranger to enter your home. Try to talk to the salesperson on your porch or front step instead of allowing them into your home. If you do allow the person into your home, first be sure to ask for and check their credentials, including: name tag, uniform, business c...

In most cases, yes! "Prenuptial agreements are on the rise . . . and even Britain's Prince William may be considering one." ABA 3/1/11. Although you may not have royal wealth to protect, this type of planning is right for everyone entering into marriage. A prenuptial agreement, or prenup, can help a marrying couple clarify what will happen to their personal and financial items in the event of divorce. These documents have been recognized in Georgia since 1982 , and have specific requirements an attorney can help you with. Each party to a prenup needs their own attorney to ensure their assets are protected. If you are interested in this marriage planning tool, contact our office today. http://bechtold-law.com/Prenup.html

A Georgia court recently held that "A party may not be held in contempt for violation of a court order unless the order informs him in definite terms as to the duties thereby imposed on him." Morgan v. Morgan, DailyReport S10A1365. This decision was related to a Agreed Domestic Relations Order (ADRO), but the same would hold true for any type of agreement. It is important to have the correct details in writing. Legal contracts and forms can be found all over the internet these days, however they often do not address your specific concerns. Contracts and agreements should be written to your specific issues and can be catered to your needs. Contact The Law Office of Christine M Bechtold to help you with your legal contract. http://www.bechtold-law.com/Contract.html