Blawg of Attorney Christine M Bechtold

It is quicker and cheaper to have an uncontested divorce. “An uncontested divorce is one in which there is no dispute between the parties regarding issues such as child support, alimony, child custody, property division, and the like.” www.georgialegalaid.org . This type of divorce decreases the Court requirements and legal fees dramatically. In many cases, it is helpful to start with the uncontested process to see if an agreement can be reached. The benefits of an uncontested divorce are that it is quicker, cheaper, and more efficient. The down side of an uncontested divorce, for some, is that no blame is assigned to either party. Every family is different and every situation is unique. Be sure to not fall into the trap of "easy" or "free" online forms which may not legally protect you later. It is important to talk to a family law attorney to see if an uncontested divorce is right for your situation. The uncontested divorce process can be a helpful, efficient,...

  Once all of your Divorce Court documents are prepared, they will need to be filed with the proper Court to be processed. Divorce cases are filed as Domestic Civil Cases in Superior Court. Superior Court filing fees vary by county, see list and links below for the most recent Georgia filing fees as of October 2019. 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 $216.00 www.gwinnettcourts.com Rockdale County $205.00 www.rockdaleclerk.com If your county is not listed, call the Clerk of the Superior Court in your county for the most recent fees. “As of Jan. 1, 2019, all Georgia state and superior courts are operating with mandatory civil eFiling. The General Assembly passed SB 407 in March 2018, which created a basic statutory framework for mandatory civil eFiling.” www.gabar.org . There are two main online e-fil...

Yes, child support can be modified, but only through court Order. Parties are legally required to pay the court Ordered child support obligation unless and until there is a change to the original Order. If there has been a “substantial change in either parent's income and financial status or the needs of the child” a modification of child support can be submitted to the Court. O.C.G.A. §19-6-15 (k) . Once the modification is submitted to the Court, it will go through the same process as the original Order for child support: financial information will be obtained, a child support worksheet will be calculated, documents will be reviewed by the Court, then the judge will enter a final Order on the modification. “In Georgia, a judge may consider increasing or decreasing child support for the following reasons: - The paying party involuntarily loses their job or falls ill; - Either parent receives additional income through remarriage; - Cost of living increase; - Physical di...

  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 a...

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 requested in your divorce...

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 es...

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