Court Proceedings
Legal Separation or Divorce?
Is there ever a time when a legal separation would be better than divorce? Although both can cover much of the same ground in terms of children, property and finances, we encourage our clients to file for divorce except in rare cases. In a divorce there is the complete legal severing of the marriage, leaving…
Read MoreA Word from Scott Shaw: The Right to Notice in Contempt Proceedings
The number one question I’m asked is if I’m a fighter and will I fight for my clients. The answer is, of course, yes. It’s what I do. But the answer is not always that simple. You don’t want an attorney who talks big, talks a lot, yells, is abusive, or is in your face. What you really want is…
Read MoreIs it legal to make audio recordings of my child in the state of Georgia?
In the State of Georgia, it is legal to record telephone calls, if, and only if, you are a party to the call, and not just someone trying to eavesdrop. The issue is much trickier when you are trying to record your child’s phone calls. About 10 years ago a case against a child sexual…
Read MoreIs it legal to make audio or video recordings of my spouse in the state of Georgia?
This is an often-asked question in divorce and child-custody cases. In the State of Georgia, it is legal to record telephone calls, if, and ONLY IF, you are a party to the call, and not just someone trying to eavesdrop. If you are on the line, and everyone knows you are on the line, you…
Read MoreHow Am I Supposed to Get Divorced if I Cannot Locate My Spouse?
In any Georgia divorce, your spouse has a right to know that you have filed for divorce, where you have filed for divorce, and what you are requesting in your divorce. In order to ensure that your spouse knows all of these facts, you must properly serve your spouse with notice of your divorce proceedings…
Read MoreHow Are Witnesses Used in Divorce Hearings?
A witness may provide spoken testimony during any type of Georgia divorce hearing. These witnesses can be expert witnesses, such as therapists, psychiatrists, custody evaluators, or guardians ad litem. Witnesses also can other non-expert individuals, such as a relative of the parties, a caregiver for the parties’ child, or a teacher. However, witnesses can only…
Read MoreWhat is a Temporary Divorce Hearing?
During the time period between filing for divorce and finalizing your divorce, you have the right to ask for a temporary hearing. At this hearing, you can request the judge to issue temporary orders about certain issues, including child custody, visitation or parenting time, child support, alimony, property division, and debts. It is important to…
Read MoreWhat is a Deposition?
When individuals become involved in a divorce, or any type of legal proceeding, certain information must be exchanged between the parties upon request. This process, which is commonly referred to as “discovery,” ensures that both sides to a dispute have equal access to all information that is relevant to the dispute so that each can…
Read MoreWhat is Contempt and How Does It Apply in My Family Law Case?
Once court orders are in place, whether they stem from a divorce or a paternity case, both parties are required to follow all aspects of the court orders, whether they like it or not. However, it is not uncommon for one party to violate a court order – sometimes for a good reason, but often…
Read MoreWhat is a Status Conference in My Georgia Divorce?
Some courts use status conferences in order to track the progress of divorce cases and keep them moving through the court system. Status conferences are a tool not only for the court’s organizational purposes, but also to help encourage the parties to resolve issues in their divorce without resorting to a formal trial. When parties…
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