Hi, I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. Can you get a divorce if you don't know where your spouse's? Absolutely. It's called a divorce by publication. And an attorney must do due diligence to try to locate your spouse and attest to the court that we have done our due diligence before we're allowed to have application. There are also things that we can and cannot obtain for you in that divorce by publication. But give us a call today here at the Atlanta Divorce Law Group so we can talk about your case, your...

I'm Shawna Woods of the Atlanta Divorce Law Group. Do you have to sell your home in a divorce? Not necessarily. Sometimes it is best for both parties if the home is sold so you both have liquid assets in order to purchase a new home or go on with the rest of your life. However, what we do here the Atlanta divorce law group has worked with financial planners to look at what's in your financial best interest, so that we can advocate for that. Whether you want to keep the home or sell the home, give Atlanta Divorce...

My name is Shawna Woods and I am the managing partner here at the Atlanta Divorce Law Group. One question we often get asked is how is child custody determined in the state of Georgia? And that is a great question. The Georgia courts are going to be looking at what is in the best interest of the children. One particular factor they consider is the parent with whom the children are gonna be living with primarily going to be able to facilitate relationship between the children and the other parent. But that is only one factor and there are...

I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. There's a common misconception that children at a certain age can choose where they want to live. That's not necessarily true. Here in Georgia at the age of 14, a child may sign an affidavit election, choosing to live with one parent over the other or jointly with both parents. The law states that that affidavit is an election, that is a presumption that it is in the child's best interest and presumptions can be overcome, whether there are facts and factors. It is really important to talk to...

What happens to spousal support? If the person you're paying it to gets remarried? Or is in a meretricious relationship? Does it cease immediately? Maybe not. If you are paying periodic spousal support, then if the other person gets remarried or in a meretricious relationship, it does cease immediately under Georgia law, but if it is lump sum alimony, even if it is paid on a monthly basis, it does not cease immediately. The best practice is to have an experienced attorney. Review your final judgment decree or your settlement agreement in order to properly advise you if you can...

What is a qualified domestic relations order or a QDRO as they're often called? A QDRO is the vehicle by which we transfer funds from one retirement account to another without incurring the tax or penalties subsequent to a divorce case. However, a QDRO takes a special expert in order to make sure that it's done correctly so that you don't incur the tax or penalties. Give us a call at the Atlanta divorce law group so that we can assist you with your QDRO.

Hi, I'm Shawna Woods, managing partner here at the Atlanta Divorce Law Group. We often get asked about fathers rights and gaining custody for their children. Yes, the short answer is fathers do have equal rights when it comes to custody of their children. There are two types of custody, there's physical custody and then there's legal custody. Legal Custody includes final decision making power in certain areas. Physical Custody is who the children are going to be living with, either primarily or jointly. There are many factors that go into determining what's in the best interest of the children....

When can you seek a modification of child support here in the state of Georgia? A modification of child support can be sought anytime directly after the divorce if there is a material change in circumstances of either incomes of the party or the needs of the children, but subsequently, we need to be careful, because unless there's an involuntary loss of income, you can only go back every two years with the material change in circumstances. Speak with an experienced attorney here at the Atlanta Divorce Law Group so that we can help you decide when it's right to...

Hi, I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. Can you get a divorce if you don't know where your spouse's? Absolutely. It's called a divorce by publication. And an attorney must do due diligence to try to locate your spouse and attest to the court that we have done our due diligence before we're allowed to have a divorce by publication. There are also things that we can and cannot obtain for you in that divorce by publication. But give us a call today here the Atlanta Divorce Law Group so we can talk about your...

I'm Shawna Woods, managing partner of the Atlanta Divorce Law Group. What does it take to terminate parental rights? Terminating parental rights is a very strong thing to do. It is not done easily and it is not done lightly, because it takes way know both the rights and the responsibilities for the child. There are four major ways to terminate someone's parental rights. The first one is through an adoption when someone voluntarily or the court takes those rights for them gives up their rights so that someone else can step in and act as the parent accepting both...

Hi, I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. Talking to you today about parenting plans. If you're going through a divorce with children or modification here in the state of Georgia, you must have a parenting plan. It's required by law. You do not want to simply download a forum and checkboxes because your family is not formulaic. You really need to sit down with an experienced attorney and work through what's important to you and your particular family so that we can help create this parenting plan with you. Everything from travel itineraries, passports, when...