These articles DO NOT constitute legal advice and should not be construed as such. If an article is relevant to your particular legal situation you should understand that it is merely intended to provide a very general preview of matters that would be discussed in detail during a face-to-face consultation. The law is constantly changing and some of the information in these articles might be obsolete. Please also recognize that seemingly insignificant details often have a big effect on the advice that we give our clients concerning a particular legal issue.
April 24, 2013
By Lance Owen |
Posted in Family Law |
I am frequently asked this question by prospective clients during the initial consultation. Some are surprised to discover that they can’t find an attorney that is willing to take on their case without paying a retainer in advance. This is because an award of attorney fees from the court is never an absolute certainty.
Generally, attorney fees may not be awarded in a case unless authorized by statute or contract. Georgia law does have various statutes authorizing an award of attorney fees in family law cases.
April 6, 2013
By Lance Owen |
Posted in Divorce |
A resident of Georgia must be a bona fide resident of Georgia for a period of six (6) months before Georgia can acquire jurisdiction to grant a divorce. A nonresident may file for divorce against his or her spouse who lives in Georgia if the spouse has been a resident of Georgia for six (6) months prior to the filing.
March 27, 2013
A child who has reached the age of 14 has the right to select the parent with whom he or she will live. The selection, however, must be found by the Court to be in the child’s “best interest”. There is a presumption that the child’s selection is in his or her best interest. This means that the party opposing the selection will have the burden of convincing the Court that the selection is not in the child’s best interests. In my experience the opposing party has an uphill battle.
A case seeking to modify physical custody may be filed solely on the ground that the child is over the age of 14 and wants live with the other parent. When custody is modified based solely on the child’s selection there cannot be another custody action filed for a period of two years following the selection. This means that the child cannot change his or her mind and return to the other parent’s custody within two years of his or her previous selection unless there is some additional evidence to support a change of custody. For this reason the child should be certain of his or her selection.