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...

Average Client Review 5 out of 5! Very happy with services Posted by: Teresa, a Family client, 7 days ago.       Overall rating            Excellent       Trustworthy              Excellent       Responsive               Excellent       Knowledgeable        Excellent       Kept me informed    Excellent   Client Review: Ms. Bechtold always replies promptly to communications. She is an expert in her fields and her fees are very reasonable. She explains things in laymen’s terms so that I can fully understand them, since I am not a lawyer. I’ve been very happy with her services. ********************...

Divorcing couples often come face-to-face with unexpected financial issues when going through a divorce. Here are a few general tips to deal with the financial stress of divorce: Separate your bank accounts. Separating your checking and savings accounts before your divorce may make the divorce process less stressful because it will be one less issue for the Courts to decide. Check your credit. If you are unsure of your credit accounts, run a credit report prior to your divorce to ensure you are covering all of your bases. Clients are often surprised to learn that divorce does not impact joint credit card or other joint debts unless they are specifically addressed in your divorce documentation. If your name is on a credit card you are still responsible for that account. Do not stop paying your debts. Your debts and financial obligations do not stop during a divorce. Ensure that your marital debts are being addressed to avoid any future fees and consequences. Check your deed....

Divorce is not easy on anyone, especially children. Every divorcing family is different, but here are a few general tips to deal with the stress of divorcing from your child’s parent: Take the high road and stop fighting. The sooner you can stop fighting with your child’s parent the sooner you can focus on your child. Fighting in front of your child is not good for anyone. Encourage your children to visit their parent, their grandparents, and their extended family. Just because you may not want to be around your child’s parent anymore does not mean your children don’t need them in their life. Remember to keep your child’s best interest in mind. Never disparage a parent or other adult in front of the children . Adult conflicts are for adults only. Do not use your child as messenger. If you have communication for the other parent communicate with them directly. Do keep things as consistent as possible. Keeping your child’s schedule and daily routines in place will help them with...