Question 1

How has Covid-19 changed the court process?

Accepted Answer

While the pandemic brought a major shift toward virtual hearings, most courts in our area have now returned to requiring in-person appearances. Rural counties especially expect parties, attorneys, and witnesses to be physically present in the courtroom. Larger cities, such as Atlanta, may still allow certain hearings to be handled remotely, but that is the exception rather than the rule. During the height of COVID-19, courts adopted safety measures like masks, temperature checks, and limits on the number of people in a courtroom. The biggest lasting impact has been the increased use of technology—many courts now have systems in place to conduct hearings online if necessary, even though in-person hearings are once again the norm.

Question 2

What's the cost of hiring an attorney?

Accepted Answer

The cost of hiring an attorney varies depending on each client’s specific needs and the type of case.
Retainers and an hourly rate is the billing mechanism usually used for cases pertaining to family law.  
Usually a flat fee is quoted for clients with pending criminal charges.
Contingency based fee agreements are generally used for personal injury cases.  The attorney only gets paid when client recovers compensation.

Question 3

Can I get custody of my children?

Accepted Answer

A judge can grant sole or joint legal custody to parents.  If you are considering obtaining custody, schedule a consultation today.

Question 4

Do I have an Alimony case?

Accepted Answer

The judge will consider if alimony is appropriate in your case and if so, will make a determination of the type of alimony, amount of alimony and duration of alimony.
 
A judge has wide discretion in determining the amount and duration of alimony payments, which is why it is important to consult with an attorney.

Question 5

Can I get the home in the divorce?

Accepted Answer

When making an equitable division of property in a divorce, one of the most common assets subject to a division is the marital home. If equity in a home was accumulated during the marriage it is subject to be divided between the parties.
In a lot of cases, one of the parties has the option to keep the home if they are financial able to do so.

Question 6

Can I keep my pre-marital assets?

Accepted Answer

Generally, the answer is yes. A parties’ pre-marital assets remain that parties’ separate property, and not subject to an equitable division in a divorce, unless the asset was co-mingled.

Question 7

Do I have to appear in court?

Accepted Answer

Yes. If you receive a notice of hearing, make sure you appear in court. Failure to appear in court in criminal cases may result in a bench warrant being issued.

Question 8

How long does an uncontested divorce take?

Accepted Answer

Every divorce case is different. If the parties agree on all issues, an uncontested divorce may be granted in as little as 31 days from the date the Complaint and Acknowledgment of Service is filed. The process for a contested divorce is much longer.

Question 9

Do you need seperate attorneys for an uncontested divorce?

Accepted Answer

An attorney can only represent one party in a divorce. Both parties may come in and sign settlement documents, but one will be unrepresented and will have the option of hiring his/her own attorney.
Uncontested divorces are a great option for some clients.  They are cheaper, quicker to obtain, and often times each party is happier when they are able to tailor make the terms of their divorce instead of a judge telling them what the terms will be at a final hearing.

Question 10

The father signed the birth certificate but we were never married.  Does the father have rights to visitation?

Accepted Answer

No. In Georgia, a biological father who was not married to the mother at the time of birth must file an action for legitimation and custody to obtain visitation.

Question 11

What does legitimate mean?

Accepted Answer

Legitimation grants the biological father the same rights he would have if he were married to the child’s mother.

Question 12

Does paying child support mean you get visitation?

Accepted Answer

No. Paying child support does not mean you automatically get visitation.

Question 13

What do I do if my child support isn't being paid?

Accepted Answer

If child support is not being paid, call the office today to schedule an appointment to discuss a Contempt Action. A Petition for Contempt may be filed when one party is in violation of a Court Order.

Question 14

What is a contempt petition?

Accepted Answer

A petition for contempt may be filed when one party is in violation of a court order.

Question 15

How long doesn an adoption take?

Accepted Answer

The time frame for an adoption to be completed varies depending on the facts of each case.
Adoptions are complex and there are multiple steps that must be completed including filing a petition, terminating the parents’ rights, background checks, home visits, meeting with a Court appointed agent, attending a final hearing.  
An uncontested adoption, where both parents have signed relinquishments, could possibly take as little as 3 months.

Question 16

Can I get custody of my grandchildren?

Accepted Answer

You may be able to obtain custody of grandchildren. Georgia has grandparent custody (and custody actions for other 3rd parties) and visitation for grandparents.
Different standards are used when determining whether to award custody to grandparents and other 3rd parties than with parents.

Question 17

What age can children decide what parent to live with?

Accepted Answer

The judge always decides what is in the best interest of the child and makes the final decision. However, children (generally 14 years old and sometimes 11 years old and up) may elect which parent they would prefer to primarily reside with.

Question 18

Do I need to hire an attorney if I plan on pleading guilty in criminal court?

Accepted Answer

You should always consult with an attorney regarding any legal issue. An attorney can advise you of sentencing ranges and repercussions of having a criminal conviction. An attorney may also advise you on whether pleeing guilty is really in your best interest as well as any possible defenses you may have.

Question 19

When I am arrested, should I speak with a police officer?"

Accepted Answer

You should ALWAYS exercise your right to remain silent until speaking with an attorney about your case.

Question 20

Is there a difference between a felony and misdemeanor charge?

Accepted Answer

Yes, there is a difference between felony and misdemeanor charges. One of the biggest differences is the possible sentencing rangers. Misdemeanors are generally punishable by up to 12 months in confinement and $1000 fine. Felony charges often carry a much larger sentencing range and are more serious.

Question 21

Will my case go to trial?

Accepted Answer

In a criminal case, an attorney will thoroughly review your discovery and will advise you of any arguments and defenses you may have. An attorney will also advise you if it is in your best interest to resolve the case without a trial.
 
In a civil case, an attorney will advise you on the possible outcomes of a trial and whether you should attempt to resolve the case prior to trial through settlement conferences or mediation.

Question 22

How can I pay for legal services?

Accepted Answer

You can pay by Credit Card, Cash, or Check. Payment plans are also available.

Question 23

Can I bring a friend or family member to the appointment with the Attorney?

Accepted Answer

Yes, you may bring a family member or friend to your initial consultation, however there may be times private conversations are necessary due to attorney-client privileges.

Question 24

What do I need to bring to the appointment?

Accepted Answer

Bring any documents relating to your case.
In a criminal case, bring bond papers, citations, arrest reports.
In a civil case, if you have been served with a lawsuit, bring a copy of the lawsuit.

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