Blawg of Attorney Christine M Bechtold

The Georgia Domestic Relations Financial Affidavit (also called “DRFA”) is a standard form used by the Courts in all family law cases. The purpose of the DRFA 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. You can either type in your information or hand-write it on the DRFA. The person completing the form is the “affiant” and the form should reflect your individual current financial situation.   This DRFA will be made under oath; you are swearing to tell the truth based on the information contained in the Affidavit. After you fully complete the form, do not sign it until you are with a notary. Do not 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. Y

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

Yes, you will likely be ordered to take a parenting seminar if you are divorcing in Georgia with a shared minor child, but the requirements 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) 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.” www.alcovycircuit.com . “The seminar focuses on the developmental needs of children, with emphasis on fostering the child's emotional health during periods of stress.” www.gwinnettcourts.com . Information on various county parenting programs are listed below: Alcovy (Newton and Walton Counties) $25.00 Divorce action must be filled with the

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, 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

What is my tax filing status while my divorce is pending? "Married persons. You are married for the whole year if you are separated but you have not obtained a final decree of divorce or separate maintenance by the last day of your tax year . An interlocutory decree is not a final decree." Determine your tax filing status by consulting the IRS website at: https://www.irs.gov/publications/p504/ar02.html#en_US_2014_publink1000175820 . The Law Office of Christine M Bechtold, LLC is a general law firm focusing on family law and does not provide tax services or advice. Call 770-466-2700 or email Christine@Bechtold-Law.com to schedule your free family law initial consultation. Visit www.Bechtold-Law.com for free information.

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 August, 2015. Alcovy (Walton and Newton Counties) $205.00 www.alcovycircuit.com Athens-Clark County $215.00 athensclarkecounty.com Dekalb County $210.00 www.dksuperiorclerk.com Fulton County $221.00 www.fcclk.org Gwinnett County $206.00 www.gwinnettcourts.com Rockdale County $205.00 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 post: How Much AreYour Legal Fees For A Divorce? . Contact the Law Office of Christi

"An uncontested divorce is when both spouses agree to most, if not all, of the division of assets, finances, and child custody and visitation of minor children. This type of divorce decreases the Court requirements and legal fees dramatically!” bechtold-law.com .  In many divorce cases it is helpful to begin with the uncontested process to see if an agreement can be reached before starting the contested Court process. An uncontested divorce can be quicker, cheaper, and more efficient. The down side of an uncontested divorce, for some, is that, “no blame is assigned to you or your spouse.” lawyers.com . Once you decide you want to start with an uncontested divorce, you need to decide how to proceed legally. You may be able to find some forms online to start the process yourself, but most do not have the specific state or county requirements for your divorce to go smoothly. Local Superior Court Clerks may also have forms available, but they are just that, forms. Also, “the