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My Spouse Left Months Ago, What Do I Do?

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 may b

What is Alimony?

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

Client Reviews for The Law Office of Christine M Bechtold, LLC

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. ************************************** Great Communication Posted by: Melissa, a Divorce client, 7 days ago.       Overall rating            Excellent       Trustworthy              Excellent       Responsive               Excellent       Knowledgeable        Excellent       Kept me informed    Excellent   Client Review: Ms. Bechtold was very quick in responding to

Financial Tips for Divorcing Couples

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.

Tips for Divorcing Parents

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

Right of the People to Keep and Bear Arms: Your Constitutional Second Amendment Right

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."   U.S. Const. amend. II . This Second Amendment of the U.S. Constitution is generally referred to simply as the “right to bear arms.” The United States Supreme Court recently addressed the Second Amendment and found that, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”  District of Columbia v. Heller, 554 U.S. 570 (2008) .  Our Second Amendment right is regulated by each specific state. Georgia’s specific law is the "Georgia Firearms and Weapons Act." O.C.G.A. § 16-11-120 . In Georgia, the Judge of the Probate Court in your county has the authority to issue a valid firearms permit to qualified applicants. This firearm permit “shall authorize that person to carry any

Do I have to pay Child Support?

Parents often ask if they have to pay child support, and the simple answer is yes. Georgia, like all states, believes that child support is a parental obligation based on public policy. Child support belongs to the child not to the parents; therefore parents cannot negotiate away that obligation. Child support is paid by the non-custodial parent to the custodial parent “or other person to whom the custody of the child or children is awarded .” O.C.G.A. § 19-6-17 . The amount of child support starts with the Georgia Child Support Commission .  This organization has “ the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table.” Georgia Courts . The Georgia Child Support Commission publishes child support calculators to determine a presumptive child support amount. Georgia Child Support Commission Calculators . This presumptive amount can be deviated upon judicial approval.   It is importa