The Fairell Firm

How Long Do You Have to Be Married to Get Alimony in Georgia?

Wed, 08 Apr 2026 14:23:22 GMT

At The Fairell Firm, we often hear the question: “How long do you have to be married to get alimony in Georgia ? ”

The short answer is this: there is no minimum number of years required . But the real answer is more nuanced; and understanding it can make a major difference in your case.

There Is No Minimum Marriage Length Requirement

Georgia law does not set a specific number of years you must be married to qualify for alimony.

That means, technically, a spouse can request alimony even after a relatively short marriage.

However, just because you can ask for alimony does not mean the court will award it.

Why Length of Marriage Still Matters

While there’s no strict rule, length of the marriage is one of the most important factors courts consider .

In practice, that means:

Short marriages (under ~1-10 years):
Alimony is uncommon but can be granted.
Moderate-length marriages (10-15 years):
Alimony may be awarded, but it is typically limited in amount and duration .
Long-term marriages (15-20 years):
Courts are far more likely to award alimony, especially if one spouse depended financially on the other.
Very long marriages (20+ years):
These cases have the highest likelihood of long-term or even “permanent” alimony .

In other words, while there’s no cutoff, the longer the marriage, the stronger the argument for support.

The Reality: Alimony Is Based on Need and Ability

In Georgia, alimony is never automatic. The court looks at whether:

One spouse needs financial support
The other spouse has the ability to pay

Even in a long marriage, alimony may be denied if both spouses earn similar incomes. On the other hand, even a shorter marriage could result in alimony if there is a significant income gap.

How Long Does Alimony Last?

Another important piece of the puzzle is duration. Even if alimony is awarded, it is usually temporary .

Georgia courts often aim to help the receiving spouse become self-sufficient.

Some general patterns include:

Many judges use a “one-third of the marriage length” guideline
(Example: 12-year marriage → ~4 years of alimony)
Most alimony is rehabilitative , meaning it lasts only long enough for:
Job training
Education
Re-entry into the workforce
“Permanent” alimony is rare and usually reserved for:
Long marriages
Disability or inability to work

When Does Alimony End?

Even when awarded, alimony doesn’t last forever in most cases. It typically ends when:

The receiving spouse remarries
The receiving spouse enters a supportive cohabitation relationship
Either spouse passes away
A court-ordered time period expires

This reinforces an important point: alimony in Georgia is usually a bridge, not a lifetime entitlement .

Key Takeaway: It’s Not About Time Alone

If you’re trying to figure out whether you qualify for alimony, the length of your marriage is only one piece of the puzzle.

Georgia courts also evaluate:

Income differences between spouses
Standard of living during the marriage
Each spouse’s earning capacity
Contributions to the marriage (including homemaking)

We often tell clients this: you don’t win alimony just because you were married long enough; you receive it because the circumstances justify it .

How We Help You Navigate Alimony in Georgia

At The Fairell Firm, we work with you to:

Evaluate whether alimony is realistic in your situation
Build a case around financial need and fairness
Negotiate favorable terms or advocate for you in court

Every divorce is different. The details matter, and so does how your case is presented.

Final Thoughts on Marriage Length and Alimony in GA

So, how long do you have to be married to get alimony in Georgia?

There is no minimum requirement, but longer marriages significantly increase your chances.

If you’re unsure where your situation falls, the best next step is to get clarity based on your specific facts. That’s where experienced legal guidance can make all the difference.

Georgia’s SB 454 Is Now “Live” in the Child Support Calculator: What Parents Need to Know About the New Parenting Time Adjustment and Low-Income Adjustment

Wed, 04 Feb 2026 16:01:33 GMT

This article is for general information only and is not legal advice.

Georgia’s child support math just took a meaningful step toward a more standardized process. Senate Bill 454 (SB 454) has now been implemented in the Georgia Child Support Calculator , introducing two major changes that parents are already seeing reflected in worksheet outputs: the Parenting Time Adjustment and the Low-Income Adjustment .

If you are establishing child support for the first time after a recent divorce , negotiating a settlement, or considering a modification, this update matters because it can change the presumptive number people have become used to seeing, especially in cases involving significant parenting time or a lower-income parent.

The Georgia Child Support Calculator has been updated for SB 454

The official online calculator posted a maintenance window tied directly to SB 454 implementation, noting it would be unavailable temporarily to implement these updates.

And the legal “switch” was not just a tech rollout. SB 454 sets the effective date of the Parenting Time Adjustment provisions and the Low-Income Adjustment (and its table) as January 1, 2026 .

Update #1: The new Parenting Time Adjustment is built into the calculation

Historically, parenting time often showed up in Georgia child support as a deviation that had to be argued for and supported. SB 454 moves Georgia toward a more formula-based approach by creating a “parenting time adjustment” that reduces (or rebalances) the basic obligation to account for expenses incurred during a parent’s court-ordered parenting time.

SB 454 defines the parenting time adjustment as an adjustment reducing the basic child support obligation owed by the noncustodial parent to account for expenses incurred during that parent’s court-ordered parenting time .

A few details matter a lot in real life:

It is tied to court-ordered parenting time. SB 454 states the adjustment is used to account for court-ordered parenting time.
Parenting time is broadly defined. SB 454 clarifies that parenting time includes time with the child whether it is labeled visitation, physical custody, or parenting time.
It flows through Schedule C. The law directs that the determination of the parenting time adjustment is entered on Child Support Schedule C .

Update #2: The Low-Income Adjustment replaces the old low-income deviation approach

SB 454 also creates a “low-income adjustment” that applies when a parent’s monthly adjusted gross income falls below the highest income shown in a low-income adjustment table. In that situation, the child support obligation for the parent is the lesser of :

the parent’s presumptive amount of child support, or
the amount determined using the low-income adjustment table.

Critically, SB 454 explicitly states the calculator will perform the needed comparison automatically and input the amount on the child support worksheet when the table applies.

In plain English: for qualifying low-income scenarios, the updated calculator is designed to apply the table logic automatically, rather than leaving the issue primarily to argument and discretion.

A quick caution before you rely on a calculator screenshot

The Georgia Child Support Calculator is a powerful tool, but it is not the entire case. Child support outcomes still depend on:

accurate income inputs and allowable adjustments,
confirmed court-ordered parenting time terms,
and case-specific issues that can affect the worksheet result or support order.

If you are making decisions based on a new calculator output, it is worth pressure-testing the inputs and understanding how SB 454’s adjustments are being applied in your specific fact pattern.

Cohabitation and Alimony in Georgia: Everything You Need to Know

Wed, 04 Feb 2026 15:59:56 GMT

This article is for general information only and is not legal advice.

Finalizing a divorce decree brings structure and predictability, especially around long-term obligations like alimony . But, when your former spouse starts a new relationship and that relationship turns into a shared living arrangement, the financial picture can shift fast.

If you’re the paying spouse, the question is usually immediate: Does my alimony obligation end if my ex is living with a new partner?

We know these situations can feel overwhelming, and in many cases, unfair, when you’re still paying support based on assumptions that no longer match reality.

Quick Answer: Does Cohabitation Terminate Alimony in Georgia?

Yes and No. Yes if it says so in your order or settlement agreement. Unlike remarriage, which generally terminates the duty of spousal support unless the divorce decree or settlement agreement provides otherwise , the subsequent cohabitation of an alimony recipient with a third party is grounds for modification of the original alimony award under O.C.G.A. § 19-6-19(b) .

To obtain a modification, the paying spouse must petition the court and successfully prove that a “meretricious relationship” exists.

Understanding O.C.G.A. § 19-6-19(b): The Grounds for Modification

Georgia law recognizes a basic fairness principle. If the alimony recipient’s need is reduced because a new partner is providing support or sharing expenses, the original burden on the former spouse may no longer be justified. That concept is codified in O.C.G.A. § 19-6-19(b) .

This process is different from termination based on remarriage in a few important ways.

A petition is required

You cannot unilaterally stop paying. The paying spouse (the obligor ) must file a Petition for Modification of Alimony with the court.

It is modification, not automatic termination

Cohabitation does not erase the original decree. It gives the court discretion to reduce or eliminate ongoing support, depending on what the evidence shows.

The burden of proof is on the paying spouse

The paying spouse must prove the cohabitation meets the legal standard Georgia courts apply. That standard is stricter than many people expect.

A practical warning matters here. Alimony is not usually modified retroactively. In most cases, any change takes effect when the court enters a modification order, not when you file. If you delay taking action, you may keep paying support for longer than necessary, and you may not be able to recover payments made before the court changes the obligation.

What Counts as “Cohabitation” in Georgia: The Meretricious Standard

The hardest part of an O.C.G.A. § 19-6-19(b) case is proving “cohabitation” as Georgia courts define it. The court is not focused on casual dating or occasional overnight stays. It is looking for a relationship that functions like a de facto marriage.

Georgia law describes cohabitation as “dwelling together continuously and openly in a meretricious relationship.”

What does “meretricious relationship” mean?

Georgia case law, including Hathcock v. Hathcock , requires proof that the relationship meets one of two standards:

Financial interdependence: The parties share the economic burden of the household, which implies the new partner is contributing to the recipient’s expenses and reducing the recipient’s need for alimony .
Sexual relationship: The parties are carrying on an intimate relationship while residing together.

The relationship must also be continuous and open . A short vacation together or sporadic contact is generally not enough. Courts look for evidence of a stable, shared life where the parties are acting “as if married.”

The Critical Challenge: Proving Cohabitation and Meretricious Intent

Proving cohabitation often requires a detailed, multi-part evidence strategy. In many cases, the recipient spouse minimizes the living arrangement. That means direct testimony alone is rarely enough.

A strong case is usually built through documentation and (once litigation starts) formal discovery.

Below are common evidence paths that align with how Georgia courts evaluate these cases.

How a Court Calculates Modification: Reduced Need, Not Punishment

Even if you prove cohabitation in a meretricious relationship, the next step is not automatically termination. The court generally treats modification as an adjustment to financial reality, not a punishment for the recipient.

The judge’s focus is typically: To what extent has cohabitation reduced the recipient’s financial need?

Courts often examine questions like:

What contributions is the cohabitant making (rent, mortgage, utilities, groceries, other shared expenses)?
How much do those contributions reduce the amount of support that is still necessary?

If the cohabitant covers all housing costs, the court may eliminate the portion of alimony that was effectively supporting housing. If the cohabitant contributes less, the court may reduce support proportionally. If the cohabitant supports the recipient so extensively that the recipient’s need is fully eliminated, the court may terminate alimony entirely.

Again, timing matters. Payment modification is typically effective from the date the petition is filed , which is why acting quickly after you suspect cohabitation can be so important.

Final Thoughts on Cohabitation and Alimony in GA

Cohabitation-related alimony modification in Georgia is evidence-driven. You’re not required to keep paying the same support when the assumptions behind the original decree have fundamentally shifted, but the legal system generally requires you to enforce your rights through the correct court process.

At The Fairell Firm, we guide clients through the investigation and discovery steps needed to build a compelling modification case.

Whether you are seeking to reduce an obligation or defending against an unjustified petition, our approach centers on transparency and integrity, with the goal of a fair and equitable outcome in a high-stakes family law matter.

2025 Updates to Grandparent Visitation Order Modifications in Atlanta, GA

Mon, 22 Dec 2025 18:00:32 GMT

In 2025, Georgia passed Senate Bill 245 , now Act 186 , which changes how courts handle existing grandparent visitation orders. The Act lets judges amend or revoke visitation when a parent of the child is deceased, incapacitated, or incarcerated , and it also limits how often these petitions can be filed. It amends O.C.G.A. § 19-7-3 and took effect July 1, 2025 .

For families we work with, that means a clearer process to ask the court to revisit an old visitation order after a major life change, instead of assuming a prior schedule can never be adjusted.

Why This Matters for Atlanta Families

For many metro Atlanta families, grandparents are raising the children in the home. Recent reporting based on the U.S. Census Bureau’s 2023 American Community Survey estimates that about 93,000 Georgia grandparents are raising nearly 125,000 grandchildren , highlighting how common these “grandfamilies” have become in our state.

Because of those realities, those grandparents are most likely to feel the impact of these changes when:

A divorce or custody case already includes a grandparent visitation order
A parent’s death, serious illness, or incarceration shifts where a child lives
DFCS or a dependency case changes who provides daily care

SB 245 works within this landscape, on top of O.C.G.A. § 19-7-3 , and guides courts when they revisit existing visitation orders as family circumstances change.

Quick Background – How Grandparent Visitation Works in Georgia

Before SB 245, Georgia already had a specific framework for grandparent visitation in O.C.G.A. § 19-7-3 . That statute lets certain relatives, including grandparents, ask a court for visitation if harm is reasonably likely without those visits. Situations mentioned explicitly in O.C.G.A. § 19-7-3 include :

The child lived with the family member for six months or longer, making that person a consistent part of the child’s daily life.
The family member helped provide for the child’s basic needs by offering financial support for at least one year.
There was a well-established pattern of regular visitation or hands-on caregiving between the family member and the child.
Even if none of those specific situations apply, the court may still act when the evidence shows that denying visitation would likely cause emotional or physical harm to the child.

What SB 245 (Act 186) Changed

SB 245, known as Act 186 , makes several targeted changes to O.C.G.A. § 19-7-3 that apply statewide, including metro Atlanta, beginning July 1, 2025 . In plain terms, it focuses on existing grandparent visitation orders and what happens when a parent’s situation changes in serious ways.

Here are the key points you should know:

It clarifies who can seek changes.

The Act expressly includes grandparents within the group of people who may ask the court to revoke or amend an existing grandparent visitation order , instead of limiting that power to others involved in the original case.
It ties modifications to major changes in a parent’s status.

SB 245 allows the court to look at changing a visitation order when the parent of the child is:
Deceased
Incapacitated
Incarcerated

These are the kinds of events that often change where a child lives and which adults are providing day-to-day care.

It limits how often new petitions can be filed.

To reduce repeated litigation, the Act provides that a petition to revoke or amend grandparent visitation on these grounds cannot be filed more than once in a two-year period . That protects children from being pulled into court over and over about the same issue.
It still requires a best-interest analysis.

Even with SB 245 in place, the court still has to consider the child’s best interests and the potential for harm if visitation is denied or expanded. The amendments do not remove judicial discretion; they just tell the court when and how it may reconsider an existing order.

For you, this means that if your family already has a court-ordered grandparent visitation schedule, and a parent later dies, becomes incapacitated, or is incarcerated, the law now gives a clearer, time-limited path to ask the court to revisit that order.

Talk With an Atlanta Family Law Attorney About SB 245

Grandparent visitation cases already sit at the intersection of grief, loyalty, and legal rights. SB 245 adds another layer by telling courts when they can revisit an existing order after a parent’s death, incapacity, or incarceration and how often families are allowed to come back to court about it.

If you’re worried about how this new law could affect your family, the safest next step is to speak with a Georgia family law attorney who handles grandparent visitation and custody cases. An attorney can help you:

Read your current court order in light of SB 245
Decide whether your situation fits the new categories the law addresses
Weigh the pros and cons of filing now versus waiting, given the two-year filing limit

That way, any decision you make about revisiting grandparent visitation is grounded in both the statute and what is realistically best for your child.

Who Pays Alimony in Georgia?

Tue, 21 Oct 2025 16:22:07 GMT

At the Fairell Firm, we believe in breaking down complex legal terms into bite-sized, digestible pieces. Our goal is to help you grasp who pays alimony , the factors involved, and what it means for your financial future.

We'll walk you through the essentials, from defining alimony to unraveling how decisions are made in Georgia courts.

Quick Answer

In Georgia, alimony is typically paid by the higher-earning spouse to the one in need of financial support after a divorce. The court considers various factors, like each spouse's financial resources and contributions to the marriage, to determine who pays. Alimony isn’t guaranteed for everyone and depends on the unique circumstances of each case.

Understanding Alimony in Georgia

Alimony is essentially financial support one spouse pays to the other after a divorce. But why does it exist? The main goal is to help maintain the standard of living for the lower-earning spouse. Not all divorces involve alimony , as it depends on your unique circumstances.

Types of Alimony in Georgia

In Georgia, there are two primary types of alimony :

Rehabilitative Alimony : This is temporary support provided while the receiving spouse gains the skills or education needed to support themselves.
Permanent Alimony : Awarded after the divorce is finalized, though "permanent" doesn't always mean lifelong.

Still, in a practical sense, alimony can take on many forms, such as:

Temporary / Pendente Lite — while the divorce is pending (falls under "temporary")
Rehabilitative — support while one spouse gains skills, education, or training
Permanent / Long-Term — support after divorce where needed
Lump-Sum — a one-time payment (or installments)
Periodic — recurring payments over time

Reimbursement / Transitional / Indirect — paying specific expenses or compensating for past support

Legal Framework

The legal framework in Georgia is governed by specific statutes which outline how alimony should be considered. It’s not one-size-fits-all, and the court looks at each case individually to ensure fairness.

Factors Influencing Alimony Decisions

When it comes to deciding whether a spouse qualifies , the courts in Georgia consider several key factors:

Standard of Living : How you and your spouse lived during the marriage influences the support needed.
Duration of the Marriage : Longer marriages can mean more alimony due to deeper financial interdependence.
Age and Health : If one spouse has health issues or is advanced in age, this might impact support requirements.
Financial Resources and Earning Capacity : The court examines both spouses' financial situations and future earning potential.
Contributions to the Marriage : Non-financial contributions, like homemaking or child care, are also valued.
Marital Misconduct : Actions such as adultery might sway alimony decisions.

By considering these factors, the court aims to ensure that alimony decisions are fair and just. After all, it's about finding a balance that respects both parties' contributions and needs.

Who Pays Alimony?

When it comes to who foots the alimony bill in Georgia, it's typically the spouse with the higher income. This isn't just about financial disparity, though. The court considers a range of factors to determine the payer:

Paying Spouse : Usually, the one with greater income and financial stability.
Recipient Spouse : Often the spouse who is more financially dependent or has a lower earning capacity.

During the decision-making process, the judge will scrutinize both of your financial situations to ensure a fair outcome. Notably, if marital misconduct like adultery is involved, it might impact who pays and how much. Remember, each case is unique, and the goal is to reach the fairest resolution possible.

Duration and Modification of Alimony

Understanding how long alimony will last and whether it can change is crucial. In Georgia, several factors can influence the duration:

Duration : Typically linked to the length of the marriage and efforts by the recipient spouse to become self-sufficient.
Modification : If there are significant changes in circumstances, like a new job or health issues, alimony can be adjusted.
Termination : Alimony payments usually end if the recipient remarries or cohabitates with a new partner.

Enforcement of Alimony Payments

Once alimony is decided, making sure payments are made on time is crucial. In Georgia, there are several ways to enforce these payments:

Payment Methods : Usually, alimony is paid periodically, like monthly or weekly. However, lump-sum payments can also be arranged.
Income Deduction Orders : The court can set up automatic deductions straight from the paying spouse’s wages.
Non-Payment Consequences : If payments are missed, legal actions can be taken. This might include filing for contempt of court, which can result in fines or even jail time for the non-paying party.

Alimony and Taxes

Understanding the tax implications of alimony can save you from financial surprises:

Taxability of Alimony : Under recent tax laws, alimony payments are not tax-deductible for the payer and are not considered taxable income for the recipient.
Tax Implications for Both Parties : Prior to 2019, this was different, so it’s important to know which rules apply to your situation based on when the divorce was finalized.

Keeping up with these changes ensures that you’re not caught off guard come tax season. Remember, knowledge is power, especially when it comes to your wallet.

Alternatives to Alimony

Alimony isn't the only financial option during a divorce. Let's explore some alternatives that might fit your situation better:

Property Division : Sometimes, a fair division of marital assets can reduce or eliminate the need for alimony . It's about balancing the financial scales.
Mediation and Settlement Agreements : Negotiating terms that both parties can agree on may include alternatives to traditional alimony arrangements.
Legal Separation : This option allows for financial support arrangements without finalizing a divorce. It might be a suitable path for those who prefer some distance without ending the marriage.

Considering these options might help you find a more tailored solution to meet both parties' needs. Remember, it's all about finding what works best for your situation.

Final Thoughts on Georgia Alimony Recipients

In the world of Georgia divorces, understanding who pays alimony and why can make the journey a bit smoother. We've walked through the key elements—from who typically pays alimony to the factors influencing these decisions. We’ve also explored the duration, enforcement, and tax implications of alimony , along with alternatives you might consider.

If you’re in the Atlanta area, and need help with your alimony case, give us a call !

What is Alimony?

Tue, 21 Oct 2025 16:22:04 GMT

In this blog, we'll break down everything you need to know about alimony . We’ll cover its historical roots, the different types, and how courts decide on amounts. Our goal is to give you a well-rounded understanding that’s both accessible and informative.

Let’s dive in and explore how alimony works, why it’s important, and what you can expect if you find yourself dealing with this aspect of divorce.

Quick Answer: What is Alimony?

Alimony is a court-ordered financial payment from one spouse to another after a divorce or separation. It aims to help the recipient maintain a lifestyle similar to that during marriage, ensuring financial fairness.

Historical Background of Alimony

Alimony isn’t a new concept. It dates back to ancient times, with roots in early laws like the Code of Hammurabi. These early rules recognized the need for financial support after a marital split, laying the groundwork for what we see today.

Alimony continued to evolve in Roman law and English ecclesiastical courts.These systems aimed to ensure that a spouse wouldn't be left high and dry after divorce. It's fascinating how societies have consistently valued financial fairness.

In modern times, alimony has adapted to reflect changing societal norms and legal standards. While the principles remain similar, today’s approach offers more flexibility and consideration of both spouses' situations. By understanding this history, you’ll see alimony isn’t just a legal formality; it’s a commitment to fairness and support rooted in centuries of tradition.

Types of Alimony

Alimony comes in a variety of forms, each serving a specific purpose. Knowing the difference can help you better understand what might apply in your situation:

Temporary Alimony This is awarded during divorce proceedings to support a spouse until a final decision is made.
Rehabilitative Alimony : Designed to help a spouse gain education or skills needed for self-sufficiency. It’s like a financial springboard to get back on your feet.
Permanent Alimony : Intended for long-term financial support, often awarded in lengthy marriages. It continues until the recipient remarries or either spouse passes away.
Reimbursement Alimony : Provides compensation for contributions one spouse made to the other's education or career during the marriage.

Lump-Sum Alimony : A one-time payment instead of ongoing support, often used to simplify the process.

Factors Influencing Alimony Decisions

When it comes to determining alimony , several key factors come into play. Understanding these can give you a clearer picture of what to expect.

Duration of Marriage : Generally, the longer the marriage, the longer or more significant the alimony might be. Courts recognize that longer relationships often involve deeper financial intertwining.
Financial and Non-Financial Contributions : It’s not just about who brought home the most money. Courts consider both monetary and non-monetary contributions, such as homemaking and childcare.
Recipient's Needs and Payor's Ability : Alimony aims to meet the recipient's financial needs while ensuring the payor can manage the payments without undue hardship.

Standard of Living : Courts strive to maintain a lifestyle post-divorce that mirrors the marital standard of living.Sometimes, parents decide to extend child support beyond what the law requires. This might happen for various reasons, like covering college expenses.

Tax Implications of Alimony

Understanding the tax implications of alimony is crucial for both payors and recipients. Here's what you need to know:

For the Recipient : Alimony payments used to be taxable income, but under the Tax Cuts and Jobs Act of 2017, it’s no longer the case for divorce agreements finalized after December 31, 2018. This means you won’t have to worry about additional taxes on your support.
For the Payor : Previously, alimony payments were deductible. However, for divorces finalized after the cut-off date in 2018, payors can no longer claim these deductions.

Tax laws can get complicated quickly, so it's wise to consult a tax professional with any specific concerns.

Alimony and Child Support: Key Differences

While alimony and child support might seem similar, they serve distinct purposes:

Purpose and Calculation : Alimony supports a former spouse, while child support ensures the well-being of children. Calculations for child support focus on the child's needs, whereas alimony considers both spouses' finances.
Legal Considerations : Courts give priority to child support over alimony if resources are limited. This guarantees that children’s needs are met first.

Enforcement Mechanisms : Both alimony and child support have legal pathways for enforcement. However, stricter measures often apply to child support due to the focus on children’s welfare.

Modifying or Terminating Alimony Orders

Life is full of changes, and alimony arrangements are no exception. Here's what to consider if you're looking to modify or terminate alimony :

Grounds for Modification : Significant life changes, like a job loss or a substantial increase in expenses, may warrant an alimony adjustment. Courts need concrete evidence to consider these requests.
Legal Procedures : To modify or terminate alimony , you'll typically need to file a motion with the court. Providing clear documentation and reasoning is crucial for a successful request.

State-Specific Variations : Keep in mind that rules differ across jurisdictions, so it's important to understand the specific requirements in your area.

Final Thoughts on Alimony

Alimony exists to promote fairness during a major life transition. By understanding how courts evaluate need, ability to pay, length of marriage, contributions, and standard of living, you can approach negotiations with clarity and realistic expectations.

Keep your focus on the essentials: know your jurisdiction’s rules, document your finances, and distinguish alimony from child support so each obligation is handled correctly. If circumstances change, explore modification rather than assuming the order is fixed forever.

How Long Does Child Support Last in Georgia

Fri, 15 Aug 2025 19:57:21 GMT

Understanding how long child support lasts in Georgia is crucial for any custodial and non-custodial parents trying to understand this legal obligation. Here at Fairell Firm, we know that child support is a key part of planning for your child's future.

In this guide, we'll break down the ins and outs of child support duration, helping you make informed decisions. From standard timelines to special circumstances, we’ve got you covered every step of the way.

Quick Answer: How Long Does Child Support Last in Georgia?

In Georgia, child support generally lasts until your child turns 18 or graduates from high school, whichever happens later. However, if your child is a full-time student without marriage or emancipation, support can stretch until age 20.

Standard Duration of Child Support in Georgia

In Georgia, understanding the standard duration for child support can help you plan effectively. Generally, child support obligations end when your child turns 18. However, if your child is still in high school, payments continue until graduation, whichever happens later.

Here's a quick breakdown:

Age 18 or High School Graduation : Child support usually stops at 18, but if your child is still attending high school, it extends until they graduate.

Age 20 Cap : No matter the circumstances, support cannot extend beyond the child's 20th birthday, even if high school graduation hasn’t occurred yet.

Understanding these timelines ensures you’re prepared and helps manage expectations on both sides.

Exceptions to the Standard Duration

While the standard timeline is straightforward, life can throw curveballs, and sometimes child support may need to extend or end early.

Here are some exceptions to keep in mind:

Emancipation : If your child gets married, joins the military, or is legally emancipated, child support may terminate early.

Disability : For children with physical or mental disabilities that began before turning 18 and prevent self-support, child support can continue indefinitely.

Parental Agreements and Court Orders

Sometimes, parents decide to extend child support beyond what the law requires. This might happen for various reasons, like covering college expenses.

Here’s how it works:

Voluntary Agreements : You and the other parent can agree to extend support for reasons like higher education. However, it’s crucial that you both are on the same page.

Court Approval : Any agreement should be approved by the court to ensure it’s enforceable. This step protects both parties and provides a legal framework for your agreement.

By taking these steps, you can tailor a plan that best suits your child’s needs while keeping things legally sound.

Modifying Child Support Obligations

Life isn’t static, and sometimes child support needs adjustments. Whether it's due to financial changes or evolving needs, modifications can be essential.

Here’s what to know about the process:

Requesting Modifications : If there’s a significant change in circumstances, like job loss or increased costs for your child's care, you can request a modification.

Legal Procedures : You’ll need to file a petition with the court and provide substantial evidence of the change. The court considers many factors in deciding if a modification is warranted.

Understanding when and how to modify support ensures your obligations remain fair and manageable. Whether you’re facing financial difficulties or shifts in your child’s needs, staying proactive can make all the difference.

Enforcement of Child Support Payments

Ensuring compliance with child support orders is crucial. If payments are missed, it’s important to know what steps can be taken to enforce the order.

Here’s a look at the enforcement process:

Non-Payment Consequences : Missing payments can lead to serious consequences, including wage garnishment, suspension of licenses, and even jail time. These measures help ensure that obligations are met.

Enforcement Mechanisms : The Georgia Department of Human Services Division of Child Support Services is responsible for enforcing payments. They use various tools to ensure compliance, giving you peace of mind that the system supports you.

Understanding these enforcement mechanisms can help you stay on top of your obligations or know what steps to take if you’re not receiving payments.

Special Considerations for Non-Custodial Parents

Being a non-custodial parent comes with its unique challenges, especially when it comes to financial obligations and maintaining a relationship with your child.

Here are some considerations to keep in mind:

Financial Planning : Budgeting for child support payments can be challenging, but it’s crucial to plan ahead and make these payments a priority to avoid legal complications.

Legal Rights and Responsibilities : As a non-custodial parent, you still have rights regarding visitation and decision-making. Understanding these rights ensures you maintain a strong relationship with your child.

Keeping a clear head and staying informed about your responsibilities and rights can help you manage your role effectively, ensuring the best outcome for everyone involved.

Final Thoughts on Georgia Child Support Durations

Child support in Georgia comes with clear guidelines, but every family’s situation is unique. Whether you’re approaching the standard end date, facing special circumstances, or considering a modification, understanding your rights and responsibilities is the first step toward protecting your child’s well-being.

At The Fairell Firm, we know these decisions affect your family’s stability and future. If you have questions about your specific situation, our team is here to walk you through the process, safeguard your interests, and ensure your child’s needs are met every step of the way.

Give us a call if you’re in the Atlanta area and have questions about your child support arrangements.

How Far Behind Do You Have to Be on Child Support for a Warrant to Be Issued in Georgia

Fri, 15 Aug 2025 19:57:19 GMT

Navigating the world of child support might leave you scratching your head. In Georgia, ensuring the well-being of children through financial support is taken very seriously. At the heart of this issue is the potential for a warrant to be issued if child support payments fall behind.

In this article, we'll break down the steps and criteria involved in issuing a warrant for non-payment of child support in Georgia. Our aim is to guide you through the legal landscape, making it as straightforward as possible, so you know what to expect and how to take action, if necessary.

Note: This blog is not legal advice and is for educational purposes only.

Quick Answer: Can You Be Arrested for Not Paying Child Support in Georgia?

In Georgia, a warrant can be issued for non-payment of child support when payments become significantly overdue. Typically, this happens when the arrears reach a certain threshold set by the Division of Child Support Services, and notices have been ignored. This legal tool helps enforce responsibility and ensure children's needs are met.

Legal Framework Governing Child Support in Georgia

Understanding the legal landscape of child support in Georgia is essential. Here’s a breakdown of the key elements:

Key Statutes and Regulations – Georgia's child support laws are designed to ensure that children receive the necessary financial support. The Georgia Child Support Guidelines provide a formula to calculate the amount owed, based on both parents' incomes.

The Role of the Division of Child Support Services (DCSS) – The DCSS plays a crucial role in enforcing child support orders. They help establish, modify, and enforce support obligations to ensure that payments are made correctly and timely.

Enforcement Tools – DCSS has several tools at its disposal to enforce compliance, including income withholding and license suspension. These measures are put in place to encourage payments and prevent arrears from building up.

Conditions Leading to the Issuance of a Warrant

So, what leads to a warrant being issued for non-payment? Let’s dig into the specifics:

Criteria for Warrant Issuance – A warrant for non-payment of child support doesn’t appear out of thin air. Generally, you must be significantly behind on payments, often to the tune of several months. The exact amount may vary, but it’s typically set at a level that indicates intentional non-compliance.

The Legal Process :
Notice and Hearing – Before a warrant is issued, the non-paying parent usually receives a notice reminding them of their obligation. If the payments remain unpaid, a court hearing is scheduled to address the issue.

Warrant Issuance – If arrears continue with no effort to pay, a judge may issue a bench warrant during the hearing. This legal step signals the seriousness of the situation.

Understanding these conditions helps you recognize the importance of keeping up with child support obligations. It’s crucial to stay ahead of things to avoid these legal consequences.

Enforcement Measures for Non-Payment of Child Support

When child support payments fall behind, Georgia takes several enforcement actions to ensure compliance. Let’s explore these measures:

Income Withholding – This is often the first step taken. The court may issue an income deduction order, allowing child support to be directly taken from the non-paying parent’s wages. Think of it as automatic bill pay for support.

License Suspension – Falling behind on payments can lead to the suspension of your driver’s, recreational, or professional licenses. This measure aims to encourage prompt payment by affecting daily conveniences.

Tax Refund Interception – The state can intercept federal and state tax refunds to pay off child support arrears. If you’re expecting a nice tax refund, it might get redirected if you owe support.

These tools are designed to ensure that children receive the financial support they need. Staying informed about these measures can help you navigate and avoid these enforcement actions.

Legal Consequences of Non-Payment

Ignoring child support obligations can lead to legal trouble that’s more than just a slap on the wrist:

Contempt of Court – If you’re found in contempt for non-payment, the court may impose fines or even jail time. The court views this as a serious breach of its orders.

Criminal Prosecution – In extreme cases, repeated non-payment can lead to criminal charges. This isn’t common but serves as a reminder of the seriousness of the obligation.

Rights and Protections for Non-Custodial Parents

While fulfilling child support obligations is crucial, it's also important to know your rights. Here’s what you need to know:

Due Process Protections – You have the right to be notified about any actions against you. This includes receiving notice of enforcement measures and the opportunity to contest them in court. Your voice matters, and you deserve a fair chance to present your case.

Modification of Support Orders – Life happens, and circumstances can change. If you’ve experienced a significant change in income or life situation, you have the right to request a modification of the support order. This process involves submitting a petition to the court, showing just cause for the adjustment.

Resources and Assistance Programs

If you’re finding it challenging to keep up with payments or understand the legal processes, several resources can help:

Fatherhood Program – This initiative is designed to help non-custodial parents meet their support obligations while fostering positive relationships with their children. It offers valuable tools and resources to guide you.

Legal Aid and Support Services – There are numerous organizations in Georgia ready to lend a hand. From legal aid societies to local community services, help is available to navigate the complexities of child support. Give us a call if you’re in the Atlanta area and need help navigating a child support case.

Contacting DCSS – If you need direct assistance, reaching out to the Division of Child Support Services can provide clarity and support tailored to your situation.

Final Thoughts on Warrants for Unpaid Child Support in Georgia

At The Fairell Firm, we know that child support matters aren’t just about numbers on a page; they’re about the well-being of children and the stability of families. Falling behind on payments can quickly escalate into serious legal consequences, including the possibility of a warrant. Understanding the process, knowing your rights, and taking proactive steps can make all the difference in protecting your future and your relationship with your child.

If you’re facing challenges with child support, whether you’re trying to enforce an order or struggling to keep up with one, you don’t have to navigate it alone. Our team is here to guide you through every step, advocate for your rights, and work toward a resolution that protects your interests while ensuring your child’s needs are met. Give us a call to learn more.

Child Support

Thu, 17 Apr 2025 16:37:41 GMT

Custody and Parental Rights

Thu, 17 Apr 2025 16:37:41 GMT

Divorce Process and Procedures

Thu, 17 Apr 2025 16:37:41 GMT

Divorce Strategy and Planning

Thu, 17 Apr 2025 16:37:41 GMT

Personal Injury

Thu, 17 Apr 2025 16:37:41 GMT

Where to Get Divorce Papers in Atlanta, GA?

Thu, 03 Apr 2025 17:41:00 GMT

Before you fill out a single form, it’s important to understand the legal groundwork for filing for divorce in Georgia . The state requires that at least one spouse has been a resident for a minimum of six months before initiating the process. This means if you or your spouse recently moved to Atlanta, you’ll need to check whether you meet this requirement before proceeding.

Divorces in Georgia fall into two categories: uncontested and contested. If you and your spouse agree on major issues—like asset division, child support, and alimony —you can file for an uncontested divorce, which is typically quicker and less expensive. However, if disputes arise, the divorce becomes contested, often requiring court intervention to settle disagreements.

That said, we don’t recommend using online forms, as they leave room for error. Contact us to have a professional handle all the paperwork for you.

The Short Answer: Where to Get Your Divorce Papers in Atlanta

You can obtain divorce papers in Atlanta by visiting the Fulton County Superior Court’s Family Division in person or downloading the necessary forms from the Georgia Courts website . The forms you need will depend on whether your divorce is contested or uncontested and whether children or financial matters like child support or alimony are involved. Make sure to complete and file the paperwork correctly to avoid delays in the process.

Nonetheless, we don’t recommend using online forms. It’s best to let a professional (like someone from the Fairell Firm team) handle this paperwork on your behalf.

Obtaining Divorce Forms

Getting your hands on the right paperwork is the first official step in filing for divorce. In Atlanta, you can access divorce forms in two main ways:

Online: The Georgia Courts website provides downloadable divorce forms for different situations—whether or not you have minor children or shared assets. These forms are designed for those representing themselves but can be confusing if you’re unfamiliar with legal language.
In Person: If you prefer to speak with someone or need additional guidance, you can visit the Fulton County Superior Court’s Family Division. The clerks there can provide the appropriate forms, but they cannot offer legal advice.

It’s important to select the correct forms based on your specific situation. Filing the wrong paperwork can lead to delays, extra court fees, or even a dismissal of your case. If your divorce involves child support or alimony , additional documents may be required to outline financial arrangements. Be sure to read each form carefully and ensure all necessary information is included before submitting anything to the court.

Filing Process in Fulton County

Once you have your divorce forms in hand, the next step is filing them with the Fulton County Superior Court (or the appropriate county court if you or your spouse reside outside Atlanta). This step is more than just paperwork—it’s the official start of the legal process .

Where to File

Divorce petitions should be filed with the Clerk of the Superior Court in the county where your spouse resides. If your spouse has moved out of state, you typically file in your own county of residence. In Fulton County, filings can be done in person or, in some cases, electronically through the court’s e-filing system.

Fees and Waivers

Filing fees vary but generally range from $200 to $300. If paying this fee presents a financial hardship, you can request a fee waiver by filing an Affidavit of Indigency, which asks the court to waive costs based on financial need.

Avoiding Common Mistakes

Missing signatures, incorrect forms, or incomplete financial disclosures can cause delays. If your case involves child support or alimony , ensure all necessary financial documentation is included to avoid unnecessary roadblocks.

Serving Divorce Papers

Filing for divorce is only half the equation—your spouse must be formally served with the papers to move the process forward. Georgia law requires that they be notified in a legally recognized way.

Methods of Service

Personal Service: The most common method is having the sheriff’s office or a certified process server deliver the papers directly to your spouse. A proof of service form will be filed with the court.
Acknowledgment of Service: If your spouse is cooperative, they can sign an Acknowledgment of Service form, which waives the need for formal service.
Service by Publication: If your spouse’s location is unknown, you may be able to publish a legal notice in a local newspaper as a last resort. This process can take longer and may have specific legal requirements.

If your spouse refuses to accept the papers or avoids service, this can complicate the timeline but doesn’t stop the process entirely. The court has procedures to handle these situations, ensuring your case can still move forward.

Responding to a Divorce Filing

If you’ve been served with divorce papers, it’s important to respond within 30 days to protect your rights. Ignoring the paperwork won’t make the divorce go away—it just means your spouse may get everything they’re asking for by default.

Your response, formally known as an Answer, allows you to agree or disagree with the claims in the petition. If you disagree on key issues—like child support , alimony , or property division—this is your opportunity to contest them. If you miss the deadline, the court can issue a default judgment, meaning the divorce will proceed without your input, and you may lose the chance to negotiate terms.

Additional Resources and Support

Navigating a divorce can be overwhelming, but you don’t have to do it alone. There are free and low-cost resources available to help you understand the legal process and your rights.

Georgia Legal Aid provides free legal information and may offer assistance to those who qualify based on income.
The Fulton County Family Law Information Center offers guidance on filing procedures, access to forms, and workshops for self-represented individuals.
Mediation Services can help couples resolve disputes without the time and expense of court proceedings, which can be particularly beneficial for cases involving child support or custody.

Even if you plan to handle your case on your own, it’s wise to at least consult a professional to ensure you’re making informed decisions that align with your long-term interests.

Navigating Divorce with an Incarcerated Spouse

Filing for divorce when your spouse is incarcerated adds extra steps, but it’s entirely possible. In Georgia, you still follow the standard filing process, but service of process—the legal requirement to notify your spouse—works differently.

Instead of a sheriff or process server delivering the papers to a home or workplace, the divorce documents must be sent to the correctional facility where your spouse is housed. Some prisons require legal paperwork to go through specific channels, so it’s important to check with the facility first. If your spouse refuses to respond, the court can proceed with the case after the required waiting period.

Post-Filing Steps

Once the divorce is filed and served, the legal process officially begins. In some cases, a temporary hearing may be scheduled to address urgent issues like child support, alimony , or custody arrangements. This ensures that financial and parental responsibilities are managed while the case is ongoing.

The discovery phase follows, where both spouses exchange financial and personal information relevant to the divorce. If no settlement is reached, the case moves to a final hearing, where a judge reviews evidence and issues the Final Judgment and Decree of Divorce, legally ending the marriage and determining all outstanding matters.

Final Thoughts on Divorce Papers in Atlanta

Filing for divorce in Atlanta involves more than just filling out forms—it’s about making informed decisions that affect your future. Whether your case is straightforward or involves complex issues like child support or alimony , understanding the process gives you the power to move forward with confidence. Take it one step at a time, and don’t hesitate to seek guidance when needed.

If you need assistance working your way through this process, get in touch with us today.

Everything You Need to Know About Equitable Distribution

Wed, 22 Jan 2025 17:40:14 GMT

At its core, divorce isn’t just an emotional journey—it’s a financial one too. One of the most significant steps in untangling your shared life is determining who gets what. That’s where equitable distribution comes in. Unlike community property states, which split everything straight down the middle, equitable distribution is about finding fairness, not sameness.

This process looks at the whole picture—your contributions, your circumstances, and your future needs—before deciding how to divide what’s on the table. But “fair” doesn’t always feel straightforward, especially when emotions are running high. Whether you’re staring at the family home or the retirement accounts you worked years to build, understanding equitable distribution is crucial for protecting what matters most to you.

We’re here to break it down, step by step, so you can navigate this part of your divorce with clarity and confidence, armed with the knowledge you need to move forward.

What Is Equitable Distribution?

Equitable distribution is a legal principle used in most states to divide property and debts when a marriage ends . But unlike the crisp simplicity of a 50/50 split in community property states, equitable distribution focuses on fairness, which can feel a lot messier. It takes into account each spouse’s situation, weighing factors like income, contributions to the marriage, and future financial needs.

Think of it like slicing a pie—but instead of cutting equal pieces, the court looks at who brought the ingredients, who baked it, and who’s walking away with the bigger appetite. One spouse might receive a larger share of the marital property if, for example, they stayed home to raise children while the other built a career.

It’s also worth noting what equitable distribution doesn’t mean: it doesn’t guarantee you’ll feel the outcome is “equal” in a dollar-for-dollar sense. Instead, the goal is to land on something that’s balanced and just, taking into account both partners’ circumstances.

For better or worse, this flexibility can lead to a resolution that feels fairer —but it also requires a deeper understanding of your assets, debts, and how they’ll be valued in your case.

States Following Equitable Distribution

If you live in one of the 41 states that follow equitable distribution laws (like Georgia), this process will play a pivotal role in your divorce. These states prioritize fairness over rigid formulas, giving courts the flexibility to account for the unique details of your marriage. While the principle is the same across these states, the rules governing how property is divided can vary widely.

For instance, some states might emphasize the length of your marriage, while others give more weight to your financial contributions. Understanding your state’s approach is critical because what feels “fair” in one jurisdiction might look very different in another.

This variation is why having clarity on local laws is so important. What’s true in New York won’t necessarily apply in Georgia. Divorce laws are like regional dialects—similar enough to get the gist, but different enough that you need to pay close attention to the details.

Distinguishing Marital vs. Separate Property

Not all property is created equal in the eyes of the law. When it comes to equitable distribution, understanding the difference between marital property and separate property is one of the first steps in dividing assets.

Marital property includes anything acquired during the marriage—think homes, savings, cars, or even debts like credit card balances. These assets are up for division. On the other hand, separate property belongs to one spouse alone. This might include items owned before the marriage, inheritances, or gifts specifically given to one spouse.

But here’s the tricky part: assets don’t always stay neatly in their separate lane. If you mix separate funds with marital ones—like using an inheritance to renovate the family home—those lines can blur. This is what’s called commingling , and it can make property classification much more complicated.

We often see this issue crop up with retirement accounts, real estate, or businesses. It’s easy to assume that “what’s mine is mine,” but in practice, the court will take a close look at how these assets were used and whether they became part of the marital pot. Sorting this out is vital to getting a fair outcome, and it’s one of the more nuanced aspects of the equitable distribution process.

Factors Influencing Equitable Distribution

Equitable distribution isn’t just about tallying assets and debts; it’s about understanding the story behind them. Courts consider a range of factors to decide what “fair” looks like, and these factors can vary widely depending on your circumstances. Here are some of the key elements that come into play:

Duration of the Marriage : A short marriage might result in each spouse keeping closer to what they brought into the union. In longer marriages, the lines blur, and division tends to lean more toward sharing assets built together.
Contributions to the Marriage : Courts recognize that contributions aren’t always financial. If you stayed home to raise children or took on the lion’s share of household responsibilities, that labor is factored into the equation, even if it didn’t result in a paycheck.
Future Financial Needs : If one spouse sacrificed career growth to support the other or to care for children, the court may weigh that when dividing assets. This often includes looking at earning potential, retirement savings, and overall financial stability.
Age and Health : The court considers whether one spouse has health conditions or age-related limitations that might require additional financial support.
Custodial Responsibilities : When children are involved, the court often considers how the division of assets will support the custodial parent in providing stability for the kids .

Ultimately, the goal is to distribute assets in a way that reflects your contributions, needs, and future realities—not just your current bank statements.

Process of Equitable Distribution

When it comes to equitable distribution, the process starts with a bird’s-eye view of everything you and your spouse own—assets and debts alike—and narrows down to a carefully considered division. Here’s how it typically unfolds:

Identifying Assets : This step involves gathering a full inventory of what you own and owe. Bank accounts, retirement funds, real estate, vehicles, even that boat you bought on impulse—they all need to be accounted for.
Classifying Property : Once you have a list, the next step is determining what’s marital property and what’s separate. This part can get tricky, especially with commingled assets like joint bank accounts or businesses.
Valuing Assets : Each item on your list needs a fair market value. This might involve appraisals for property, evaluations for businesses, or simply checking the balance on financial accounts.
Negotiating a Settlement : Many couples resolve this step outside the courtroom, through negotiation or mediation . This is where creativity and compromise come into play, as you decide who gets what.
Court Intervention : If no agreement can be reached, the court steps in to make the final call, weighing all the factors we’ve discussed.

Each step requires careful attention to detail, and while it might feel overwhelming, it’s all geared toward creating a division that works for both parties in the long run.

Legal Considerations and Common Challenges

Navigating equitable distribution isn’t just about numbers; it’s also about understanding the legal landscape and preparing for the bumps in the road. Each state has its own set of rules and guidelines, so what feels familiar in one place might not apply elsewhere. For example, some states consider fault (like infidelity) in dividing assets, while others focus strictly on finances .

One common challenge is complex assets —things like businesses, pensions, or investments. These require more than a simple valuation; they often need experts to assess their worth and future growth. Another tricky area is hidden assets . Whether intentional or accidental, undisclosed property can derail the process and lead to frustration or even legal consequences.

Another layer of complexity is debts , which are often forgotten in the focus on dividing assets. Credit card balances, mortgages, and student loans are all part of the equation and can complicate things further.

If your case involves any of these challenges, preparation and transparency are critical. Having a clear picture of what you own, owe, and expect can help you navigate the legal twists and turns with confidence. Remember, courts aren’t just dividing things; they’re solving a puzzle with fairness as the goal.

Practical Tips for Individuals Undergoing Equitable Distribution

Facing equitable distribution can feel overwhelming, but taking some practical steps can make the process smoother and less stressful. Here are a few tips to keep in mind:

Document Everything : Start by creating a detailed list of all your assets and debts. Include account statements, property deeds, and receipts for major purchases. The more organized you are, the better equipped you’ll be for discussions.
Seek Professional Help : Divorce is emotional, and it’s easy to overlook details. Working with an experienced attorney and financial advisor can help you protect your interests and avoid common pitfalls.
Be Transparent : Hiding assets—whether intentionally or by omission—can backfire. Courts take a dim view of dishonesty, and it can harm your credibility during proceedings.
Stay Flexible : While it’s important to know what you want, being willing to compromise can save you time, money, and stress. Focus on what matters most to you rather than fighting over every detail.

Dividing a life built together isn’t easy, but staying prepared and informed can help you walk away with a fair outcome—and peace of mind.

Final Thoughts on Equitable Distribution

Divorce brings change, and equitable distribution is one of the most important steps in reshaping your financial future. It’s not just about splitting what’s in the bank; it’s about untangling a shared life in a way that feels balanced and fair. While the process can feel overwhelming, understanding the principles, the legal considerations, and the factors that guide decisions can make a world of difference.

At the end of the day, knowledge is your greatest ally. The more you understand about equitable distribution, the better equipped you’ll be to protect what matters most as you step into this new chapter.

If you’re going through a divorce in Georgia, you’ll need an attorney who is willing to dive in and understand your unique situation. That’s where we come in. Give us a call today to get started.

What Qualifies a Spouse for Alimony in Georgia?

Tue, 31 Dec 2024 22:36:55 GMT

At The Fairell Firm, we understand that navigating the complexities of divorce can be overwhelming, especially when it comes to understanding alimony . Alimony , also known as spousal support, is a payment from one spouse to another to help the receiving spouse maintain a reasonable standard of living after a divorce . In Georgia, alimony is designed to support a financially dependent spouse as they transition to a more independent lifestyle. Not all divorces will result in alimony as Georgia courts carefully evaluate specific criteria before granting any form of support. Understanding how and why alimony is awarded can help you make informed decisions as you go through this challenging process.

Legal Basis for Alimony in Georgia

In Georgia, alimony is determined by examining both statutory law and the specific circumstances of each case. There are two primary types of alimony that the courts may award: rehabilitative and permanent. Rehabilitative Alimony is the more common type, intended to provide financial assistance to a spouse while they gain the necessary education or job skills to become self-sufficient. Permanent alimony , on the other hand, is rare and typically reserved for situations involving long-term marriages where one spouse is unable to support themselves due to age, health, or other significant factors.

The Georgia Code lays the legal foundation for alimony , outlining conditions under which spousal support may be appropriate. It is crucial to remember that alimony is not automatically granted in Georgia. Instead, it depends on a detailed analysis of each individual’s circumstances, meaning that a deep understanding of both state statutes and the facts of your case is essential.

Types of Alimony Available in Georgia

When discussing alimony , it is important to recognize the different forms that it can take. Here in Georgia, courts may award:

Temporary Alimony : Temporary alimony , also called pendente lite, is often awarded during divorce proceedings. It serves as a temporary financial bridge for the dependent spouse until a final settlement is reached. This type of support ensures that both parties can manage the cost of living during what can often be a drawn-out process.

Rehabilitative Alimony : Rehabilitative alimony is awarded when a spouse needs financial support while they gain skills or education necessary to enter or re-enter the workforce. For example, if one spouse supported the household while the other pursued a career, rehabilitative alimony could be used to level the playing field while the dependent spouse prepares for independence.

Permanent Alimony : Permanent alimony is awarded in very rare circumstances. It usually applies in cases where the dependent spouse cannot realistically support themselves due to factors like advanced age, disability, or long-term absence from the workforce. For instance, a spouse who is elderly or has significant health concerns after a decades-long marriage may receive permanent alimony .

Qualifying Factors for Alimony in Georgia

Qualifying for alimony is not straightforward, as Georgia courts evaluate several factors to determine what kind of support, if any, should be awarded. Here are the major criteria that play a role in alimony decisions:

Length of Marriage : The duration of the marriage is a significant factor. Generally, longer marriages are more likely to result in alimony . For instance, a 20-year marriage where one spouse stayed at home to care for the family will have a higher likelihood of alimony being awarded compared to a shorter marriage.

Financial Condition of Each Spouse : The financial status of each party is critical. Courts look at income, assets , and each spouse's ability to earn. If one spouse earns substantially less or has fewer assets, the courts may determine that alimony is necessary to provide fair support.

Standard of Living Established During Marriage : The standard of living enjoyed during the marriage is also considered. The goal of alimony is often to ensure that both parties can maintain a lifestyle that is reasonably comparable to what they experienced during the marriage.

Contributions to Marriage : Both financial and non-financial contributions are valued by the court. If one spouse was the primary breadwinner while the other supported the family through homemaking or supporting their partner’s career, these contributions are weighed heavily in alimony decisions.

Age and Health of Spouses : The age and health of both spouses are evaluated. If a spouse is elderly or has significant health issues that prevent them from being financially independent, this will increase the likelihood of an alimony award.

Fault in Divorce : Georgia is a state where fault can play a role in determining alimony . Issues like adultery or abuse may affect whether alimony is awarded or denied. For instance, if one spouse's misconduct directly led to the breakdown of the marriage, it could impact their eligibility to receive support.

Alimony Modification and Termination

Alimony awards are not necessarily set in stone and can be modified or terminated based on changes in circumstances.

Modification : If either party experiences a substantial change in their financial situation, they may request a modification of the alimony order. Examples of significant changes include job loss, severe health issues, or substantial increases in the paying spouse’s income. We recommend keeping detailed financial records to support any requests for modification.

Termination : A limony generally ends when one of several conditions are met. These conditions include the remarriage of the recipient, cohabitation with another partner, or the death of either spouse. In certain cases, a significant change in the payer's circumstances, such as retirement or severe illness, may also result in termination. Knowing the exact details and keeping your legal documents up to date is essential to ensuring fair outcomes.

How Georgia's Fault Laws Impact Alimony

Georgia’s approach to alimony is unique in that fault can significantly impact the outcome. If you or your spouse is found to be at fault for the divorce, this could affect alimony awards. For example, if adultery is proven and is cited as the reason for the divorce, the court may deny alimony to the offending spouse. Understanding these fault-based implications is crucial, as they may be the deciding factor in whether alimony is granted or denied. Make sure you communicate all relevant details with your attorney to get a clear perspective on how fault may affect your case.

Seeking Legal Counsel for Alimony

Alimony decisions can be complicated, and every situation is unique. We always recommend seeking the advice of an experienced family law attorney who understands Georgia’s specific alimony laws and can guide you through the process. The right attorney will help you evaluate your circumstances, prepare documentation, and provide effective representation. Consider asking questions such as: “How does the length of my marriage impact my alimony eligibility?” or “What can I expect if we pursue fault-based grounds for divorce?”

Frequently Asked Questions About Alimony in Georgia

Does everyone qualify for alimony ? No, not everyone qualifies for alimony . It depends on factors such as financial dependency, length of marriage, and fault in the divorce.

How long does alimony typically last? A limony duration varies. Temporary alimony ends once the divorce is finalized, while rehabilitative or permanent alimony can last longer, depending on the situation.

Can alimony be paid in one lump sum? Yes, alimony can be paid in one lump sum if both parties agree or if the court deems it appropriate based on the circumstances. Lump-sum payments may be preferred to avoid ongoing interactions between the parties.

Final Thoughts on Qualifying for Alimony in Georgia

Alimony decisions are complex, and each case is unique. We encourage you to consider the factors we've discussed and consult with a legal professional to understand your specific situation. Knowledge is your most powerful tool as you navigate this aspect of divorce, and we are here to help. Give us a call today for support.

Common Misconceptions About Divorce Law

Thu, 18 Jul 2024 16:59:08 GMT

Navigating the intricate and emotional landscape of divorce can be daunting, especially when clouded by common misconceptions. Here at The Fairell Firm, we aim to shed light on the truths behind divorce law myths. Join us as we debunk prevalent misconceptions, offering clarity and guidance to those treading the path of divorce.

Once a Divorce is Filed, It Will Be Finalized Quickly

One of the most prevalent misconceptions about divorce is that the process is swift and straightforward. In reality, finalizing a divorce can take months or even years, depending on various factors such as property division, child custody arrangements, and spousal support.

Mothers Always Get Custody of the Children

Another common misconception is that mothers will automatically be granted custody of the children in a divorce. In modern divorce law, courts prioritize the best interests of the children, considering factors such as each parent's relationship with the children, living arrangements, and stability.

You Must Go to Court to Get Divorced

Contrary to popular belief, not all divorces require a court appearance. Alternative dispute resolution methods such as mediation or collaborative divorce can help couples reach a settlement outside of court. This can save time, money, and emotional distress for all parties involved.

Assets Will Be Equally Split 50/50 in a Divorce

Many individuals believe that all assets will be divided equally in a divorce, following a simple 50/50 split. However, the division of assets in a divorce is determined by various factors, including the length of the marriage, each spouse's contributions, financial needs, and future earning potential. It is essential to consult with a divorce lawyer to understand how assets will be divided based on your specific circumstances.

Debunking these common misconceptions about divorce law is essential for individuals facing the prospect of divorce. By seeking accurate information and professional legal guidance, you can navigate the divorce process with clarity and confidence. If you are considering a divorce and need legal assistance, contact The Fairell Firm today. Our experienced family solicitors can provide the guidance and support you need to protect your rights and secure your future.

Child Custody For Unmarried Parents: What To Know in Georgia

Thu, 18 Jul 2024 15:54:05 GMT

In Georgia, child custody cases for unmarried parents come with unique complexities. Navigating the legal landscape can be overwhelming, but understanding your rights and responsibilities is crucial. At The Fairell Firm , we are dedicated to helping unmarried parents protect their parental rights and ensure the best interests of their children are met.

Establishing Paternity

Establishing paternity is the crucial first step in child custody cases for unmarried parents in Georgia. This involves legally determining the biological father of the child. Both parents can voluntarily sign a Paternity Acknowledgment form, or paternity can be established through genetic testing if there is a dispute. Once paternity is established, the father can pursue his parental rights, including custody and visitation.

Types of Custody Arrangements

In Georgia, unmarried parents can seek two types of custody: legal custody and physical custody. Legal custody involves making important decisions about the child's upbringing, such as education, healthcare, and religious upbringing. Physical custody refers to where the child will physically reside. Parents can have joint custody, where they share both legal and physical custody, or sole custody, where only one parent has decision-making authority or primary physical custody.

Factors Considered by Georgia Courts

When determining child custody arrangements for unmarried parents, Georgia courts prioritize the best interests of the child. Factors such as the relationship between the child and each parent, the ability of each parent to provide a stable environment, and the child's adjustment to their home, school, and community are taken into consideration. Courts also consider any history of domestic violence or substance abuse by either parent in making custody decisions.

Legal Assistance for Unmarried Parents

Navigating the legal complexities of child custody as an unmarried parent can be daunting. Seeking legal assistance from a family law attorney experienced in Georgia's child custody laws is crucial. A child custody attorney can help you understand your rights, guide you through the legal process, and advocate on your behalf in court. Having expert legal representation can increase your chances of achieving a favorable custody outcome for you and your child.

Mediation and Co-Parenting Plans

In many child custody cases involving unmarried parents, mediation can be a beneficial alternative to litigation. Mediation allows parents to work together with a neutral third party to create a co-parenting plan that outlines custody and visitation schedules, decision-making responsibilities, and communication guidelines. A well-crafted co-parenting plan can help reduce conflict, promote cooperation between parents, and prioritize the child's well-being.

Navigating child custody matters as an unmarried parent in Georgia can be challenging, but it's not something you have to face alone. The Fairell Firm is here to provide the guidance and support you need to protect your rights and secure the best future for your child. Contact our child support lawyers today to schedule a consultation and take the first step toward resolving your child custody issues.

Can I Be Compensated for Pain and Suffering in a Pedestrian Accident in Georgia?

Tue, 11 Jun 2024 17:56:47 GMT

Pedestrian accidents can result in painful injuries and emotional distress, and often clients come to our Atlanta personal injury law firm asking if they can be compensated for their pain and suffering. In this blog post from The Fairell Firm , we aim to address this question and provide valuable insights for those seeking compensation after a pedestrian accident.

Understanding Pain and Suffering

Pain and suffering encompass the physical pain, emotional distress, and mental anguish experienced as a result of an accident. Our Atlanta personal injury law team comprehends the impact of these damages and works diligently to ensure our clients receive fair compensation for their suffering.

Compensation Eligibility

In Georgia, pedestrians injured in accidents caused by the negligence of another party may be eligible for compensation for pain and suffering. Our experienced personal injury attorneys assess each case meticulously to determine the extent of damages suffered and pursue rightful compensation on behalf of our clients.

Quantifying Damages

Calculating the value of pain and suffering in a pedestrian accident can be challenging. Our goal is to secure maximum compensation for our client's pain and suffering.

Legal Recourse

Victims of pedestrian accidents have legal recourse to seek compensation for pain and suffering through personal injury claims . We provide steadfast legal support, guiding our clients through the legal process and advocating for their rights to ensure they receive just compensation for the hardships endured.

Trust Our Atlanta Personal Injury Law Firm

If you have been involved in a pedestrian accident and are seeking compensation for pain and suffering, do not hesitate to contact us at The Fairell Firm. Our compassionate Atlanta legal team is here to offer guidance and unwavering support as you pursue the rightful compensation you deserve.

At What Age Can a Child Choose To Live With Their Parent?

Tue, 11 Jun 2024 17:51:08 GMT

The Fairell Firm is a trusted legal practice in Atlanta, Georgia, specializing in family law. During divorce and child custody cases, one common question we often encounter is, "At what age can a child choose to live with their parent?" This query touches upon a crucial aspect of child custody proceedings, and in this blog post, we aim to shed light on this topic to provide clarity and understanding.

Legal Age and Maturity

While there is no specific age outlined in the law, the court typically considers a child's age and maturity level when determining their ability to make such decisions. Our seasoned Atlanta child custody attorneys emphasize the importance of assessing the child's ability to express reasoned preferences regarding their living arrangements.

Best Interests of the Child

The primary focus in child custody cases is the best interests of the child. We work closely with our clients to understand their child's needs and preferences, taking into account factors such as stability, emotional well-being, and existing parent-child relationships when determining living arrangements.

Court Discretion

Ultimately, the court holds discretion in considering a child's preference in custody matters. Our legal experts guide our clients through the legal process, explaining how the court evaluates the child's wishes in conjunction with other relevant factors to reach a decision that prioritizes the child's welfare.

Parental Influence

It is crucial to address any concerns of parental influence on the child's decision-making process. We assist our clients in navigating complex custody issues, ensuring that the child's choice regarding living arrangements is genuine and free from external pressure or manipulation.

Learn More From Our Atlanta Child Custody Lawyers

If you are facing child custody challenges and seeking personalized legal counsel to protect your child's best interests, reach out to us at The Fairell Firm. Our dedicated team of Atlanta child custody attorneys is here to provide compassionate guidance and unwavering support as you navigate the complexities of child custody proceedings.

The Role of Social Media in Divorce Cases

Tue, 11 Jun 2024 17:42:30 GMT

As a premier legal firm based in Atlanta, Georgia, we at The Fairell Firm are committed to providing top-notch legal representation in family law matters. In today's digital age, the role of social media in divorce cases has become increasingly significant. In this blog post, we delve into how social media can impact divorce proceedings and the importance of being mindful of online activity during such sensitive legal matters.

Digital Footprint

One cannot underestimate the reach and impact of social media . Our experienced Atlanta divorce attorneys advise clients to be cautious about their digital footprint during divorce proceedings. Social media posts, photos, and interactions can all be used as evidence in court, potentially affecting the outcome of the case.

Privacy Concerns

In the realm of divorce law, privacy concerns are paramount. We caution our clients on the dangers of oversharing personal information on social media platforms. What you post online can be accessed by opposing counsel and used against you. It is crucial to maintain privacy settings and think twice before sharing anything online.

Character Assessment

Social media profiles often present a curated version of our lives. However, during divorce cases, these profiles can be scrutinized for any discrepancies. Our Atlanta divorce law team emphasizes the importance of presenting oneself truthfully online and avoiding any behavior that could be misconstrued or misinterpreted in court.

Evidence Gathering

Social media can serve as a valuable tool for evidence gathering in divorce cases. Our legal team will highlight the significance of preserving relevant social media content that could support your case. From incriminating posts to contradictory statements, what you find online can be crucial in building a strong legal strategy.

Trust Our Atlanta Divorce Attorneys

Navigating a divorce is already a challenging process, and social media can either aid or hinder your case. If you require expert legal guidance and support during a divorce case, contact us at The Fairell Firm today. Let our skilled Atlanta divorce attorneys help you navigate the complexities of divorce law with confidence and discretion.

The Role of Forensic Evidence in Personal Injury Claims

Fri, 19 Apr 2024 15:28:55 GMT

Here at The Fairell Firm in Atlanta, Georgia, we recognize the vital role that forensic evidence plays in bolstering personal injury claims. In cases where establishing liability and proving damages are crucial, forensic evidence can serve as a powerful tool in supporting your claim. Understanding how forensic evidence can strengthen your personal injury case is essential for achieving a favorable outcome. Let's explore the significant role that forensic evidence plays in personal injury claims .

Accident Reconstruction

Forensic evidence, such as accident reconstruction analysis, can help determine how an accident occurred. By examining factors like vehicle speed, impact angles, and road conditions, experts can recreate the events leading to the injury, providing critical insights into liability and causation.

Medical Forensics

In personal injury cases, medical forensics can establish the extent and nature of injuries sustained. Detailed medical reports and expert testimony can help substantiate your claim, demonstrating the severity of the injuries and the necessary treatment and recovery process.

Expert Testimony

Forensic experts can provide valuable testimony in court to explain complex scientific findings related to the case. Their expertise lends credibility to your claim and can help clarify technical details for judges and juries, strengthening your position in the legal proceedings.

Document Examination

Forensic document examination can play a pivotal role in cases involving written evidence, such as contracts, medical records, or accident reports. Analyzing documents for authenticity, alterations, or inconsistencies can uncover crucial information that supports your personal injury claim.

Work With Our Atlanta Personal Injury Attorneys

If you've been injured and are pursuing a personal injury claim, incorporating forensic evidence can significantly impact the strength and validity of your case. Our team of Atlanta personal injury lawyers is dedicated to providing you with the guidance and advocacy needed to navigate through the complexities of personal injury claims effectively. Schedule a consultation with us and let us help you build a robust case supported by forensic evidence.

Divorce Arbitration vs. Mediation: Understanding the Key Differences for Effective Legal Advocacy

Fri, 19 Apr 2024 15:24:23 GMT

The process of filing for divorce is fraught with challenges and emotional hurdles, but understanding the nuances between divorce arbitration and mediation can significantly impact the outcome of your legal proceedings. At The Fairell Firm , we recognize the importance of equipping you with the knowledge and tools necessary to make informed decisions that align with your best interests.

Divorce arbitration and mediation are two alternative dispute resolution methods that offer distinct approaches to resolving conflicts without the need for traditional litigation. By delving into the disparities between the two processes and comprehending how they can shape the trajectory of your divorce proceedings, you empower yourself to navigate this intricate legal landscape with a clear understanding of your options and rights.

As advocates for personalized legal services, we are dedicated to providing you with the guidance and support essential for making informed choices that align with your unique circumstances. Let's delve into the divergences between divorce arbitration and mediation to shed light on how each can serve as a powerful tool in achieving a favorable outcome in your divorce journey.

The Role of a Neutral Third Party

In mediation, a neutral third party facilitates discussions between the divorcing parties, aiming to help them reach a mutually acceptable agreement. On the other hand, arbitration involves a neutral arbitrator who acts as a decision-maker, rendering a binding resolution after considering arguments and evidence presented by both parties.

Control Over the Outcome

Mediation allows the divorcing parties to maintain control over the outcome of the dispute. They have the freedom to negotiate and come to a consensus on various matters such as child custody , asset division, and spousal support. In contrast, arbitration relinquishes this control to the arbitrator, whose decision is legally binding once issued.

Formality and Legal Representation

While both arbitration and mediation offer more informal settings compared to traditional litigation, arbitration tends to be more structured and formal. Parties in arbitration may have legal representation present to advocate on their behalf. Divorce mediation, however, is often less formal and encourages direct communication between the parties with the guidance of a mediator.

Cost and Timelines

Arbitration generally involves higher costs due to the formal procedures and the need for a neutral arbitrator's services. In comparison, mediation is often more cost-effective and can lead to quicker resolutions since the parties are actively involved in the negotiation process.

Work With Our Atlanta Divorce Lawyers

Choosing between divorce arbitration and mediation can significantly impact the outcome of your legal proceedings. If you are facing a divorce and need guidance on selecting the most suitable dispute resolution method, contact The Fairell Firm today. Our experienced family law team is committed to providing you with the support and advocacy necessary to navigate through your divorce with confidence and clarity. Let us help you understand the key differences between arbitration and mediation to ensure effective legal advocacy tailored to your unique situation. Schedule a consultation with us today and take the first step towards a smoother divorce process.

Divorcing a Narcissist: Recognizing Red Flags and Protecting Your Well-Being

Fri, 19 Apr 2024 15:15:05 GMT

Navigating the tumultuous waters of divorce is never easy, but divorcing a narcissist adds an extra layer of complexity and emotional strain to an already challenging process. Here at The Fairell Firm in Atlanta, Georgia, we understand the unique difficulties that come with divorcing a narcissistic partner. Recognizing the signs of narcissistic behavior and arming yourself with the knowledge and strategies needed to protect your well-being is crucial in ensuring a smoother transition during these trying times.

With more than a decade of experience in family law, our team of Atlanta divorce lawyers is committed to providing you with the guidance and support necessary to navigate through the complexities of divorcing a narcissist. From understanding the red flags of narcissistic behavior to safeguarding your assets and rights, we are here to walk alongside you every step of the way. Our goal is to empower you with the tools and resources needed to assert yourself confidently in the face of manipulation and emotional turmoil. Let us help you reclaim your peace of mind and lay the groundwork for a brighter future beyond divorce.

Understanding Narcissistic Behavior

When divorcing a narcissist, it is important to recognize the signs of narcissistic behavior. These may include a sense of entitlement, lack of empathy, manipulation, and a constant need for admiration. By understanding these traits, you can better prepare yourself for the challenges that may arise during the divorce proceedings.

Setting Boundaries and Establishing Clear Communication

Dealing with a narcissist during a divorce can be overwhelming, but setting boundaries and establishing clear communication can help create a more manageable environment. At The Fairell Firm, we can assist you in developing divorce strategies to communicate effectively with your ex-spouse while protecting yourself.

Safeguarding Your Assets and Protecting Your Rights

Divorcing a narcissist may involve complex legal battles, especially when it comes to asset division and child custody. Our experienced family law team at The Fairell Firm can help you safeguard your assets and protect your rights throughout the divorce process. We advocate for fair outcomes and will work tirelessly to ensure your well-being remains a top priority.

Prioritizing Self-Care and Seeking Support

During a divorce with a narcissist, it is essential to prioritize self-care and seek support from reliable sources. Whether it's through therapy, support groups, or leaning on family and friends, taking care of your mental and emotional well-being is crucial. At The Fairell Firm, we not only provide legal assistance but also encourage our clients to prioritize self-care throughout the divorce journey.

Work With Our Atlanta Divorce Attorneys

Divorcing a narcissist is a complex process that requires careful planning and strategic execution. If you are facing a divorce with a narcissistic partner, don't hesitate to reach out to us at The Fairell Firm . Our compassionate team is here to provide you with the support and guidance you need to protect your well-being and secure a favorable outcome in your divorce. Schedule a consultation with us today and let us help you through this challenging time.

How Can Your Family Benefit From Mediation

Mon, 18 Mar 2024 22:22:48 GMT

Divorce is a sensitive issue that affects not just the couple involved but also their children and extended family members. In such situations, mediation in law can be a game-changer. The Fairell Firm in Atlanta, Georgia , consists of top-notch family mediators who can help families find common ground and work towards a peaceful resolution.

Effective Communication

Family mediators value open and honest communication between all parties, helping them express their thoughts and concerns in a safe and constructive environment. This fosters understanding and empathy, laying the foundation for a more collaborative decision-making process.

Reduced Conflict

By opting for divorce mediation , families can mitigate conflicts that often arise during traditional litigation processes. The neutral stance of family mediators allows them to guide discussions towards mutually beneficial solutions , steering clear of unnecessary confrontations and animosity.

Customized Solutions

Unlike court -imposed judgments, mediation in law allows families to craft personalized agreements that cater to their unique needs and priorities. The Fairell Firm's family mediators ensure that the outcome is tailored to the family's specific circumstances, promoting long-term satisfaction and compliance.

Emotional Support

Navigating a divorce can be emotionally draining for all involved. Our team of experts understands the toll that the divorce process can take on families. By providing not only legal guidance but also a compassionate approach, our mediators offer emotional support to help families cope with the stress and uncertainties that come with this challenging transition.

Divorce can be a challenging time for families, filled with emotional and legal complexities. However, with the help of mediation in law, families can navigate this process with more ease and understanding. Benefit from the expertise of The Fairell Firm's family mediators for improved communication, conflict resolution, tailored solutions, and emotional assistance as your family navigates the complexities of divorce mediation. Start your smoother transition today by reaching out to The Fairell Firm .

How Does Adultery Factor Into A Divorce In Georgia?

Mon, 18 Mar 2024 22:03:12 GMT

Adultery can have significant legal implications when it comes to divorce proceedings in Georgia. Understanding how adultery factors into a divorce can help individuals navigate the process successfully with the assistance of a divorce lawyer. The Fairell Firm , located in Atlanta, Georgia, specializes in guiding individuals through the complexities of filing for divorce in cases involving adultery.

Defining Adultery in Georgia

In Georgia, adultery is considered a legal term that refers to a married individual engaging in a sexual relationship with someone other than their spouse. When one spouse is unfaithful, it can impact the divorce process significantly.

Impact on Divorce Proceedings

Adultery can affect various aspects of a divorce , such as asset division, alimony, and child custody. Courts may consider adulterous behavior when making decisions in these areas, potentially leading to different outcomes for the parties involved.

Filing for Divorce on Grounds of Adultery

When filing for divorce on the grounds of adultery in Georgia, the spouse claiming adultery must provide sufficient evidence to substantiate their claim. Working with experienced divorce lawyers , like those at The Fairell Firm, can help ensure that this evidence is presented effectively.

Navigating the Divorce Process with Legal Support

The divorce process can be emotionally challenging, especially when adultery is involved. Partnering with our divorce lawyers can provide individuals with the guidance and support they need to navigate the legalities of divorce effectively.

Adultery carries significant weight in divorce proceedings in Georgia. Understanding how adultery influences a divorce and having the guidance of experienced legal professionals, like The Fairell Firm , can greatly enhance one's ability to navigate the divorce process effectively. By recognizing the impact of adultery and securing proper legal representation, individuals can strive towards a positive resolution in their divorce case. Reach out to us today for expert assistance.

What Does a Personal Injury Claim Cover?

Mon, 18 Mar 2024 21:48:25 GMT

When faced with the aftermath of an accident, navigating the complex legalities of personal injury claims can be overwhelming. Understanding what a personal injury claim covers is crucial for obtaining the compensation you deserve. The Fairell Firm, a reputable injury lawyer based in Atlanta, Georgia , specializes in handling personal injury cases. Delve into the key aspects of what a personal injury claim covers and why having the right Atlanta personal injury attorney can make all the difference.

Types of Personal Injuries Covered

For comprehensive insights on what a personal injury claim can encompass, turn to The Fairell Firm in Atlanta, Georgia. From injuries stemming from car collisions, slips, and falls, to cases involving medical malpractice, the range is vast. Whether you've endured physical, emotional, or psychological harm, entrusting your case to a seasoned injury lawyer is imperative. Our expertise will guarantee that all your damages are meticulously examined and included in your claim.

Compensation for Damages

A crucial aspect of a personal injury claim is the compensation you may be entitled to for the damages incurred. This compensation can encompass medical expenses, lost wages, pain and suffering , and other related costs. Our personal injury attorneys can work diligently to assess the full extent of your damages and negotiate with insurance companies or at trial to secure fair compensation on your behalf.

Legal Process and Protections

Navigating the legal process of a personal injury claim involves intricate procedures and deadlines that can be daunting for individuals unfamiliar with the system. With the guidance of our team, you can benefit from expert legal advice, representation in court, and protection of your rights during negotiations with insurance companies. Our attorneys will ensure that you are prepared for every step of the legal journey, from filing paperwork to presenting your case in court. By having an experienced injury lawyer by your side, you can navigate the legal complexities with confidence and peace of mind, knowing that your best interests are always the top priority.

Importance of Legal Representation

The complexities of personal injury claims underscore the importance of having a dedicated Atlanta personal injury attorney by your side. The Fairell Firm's team of legal professionals is well-equipped to handle all aspects of your case, from conducting investigations and gathering evidence to advocating for your best interests in settlement discussions or court proceedings.

Comprehending what a personal injury claim covers is essential for securing the justice and compensation you rightfully deserve post-accident. By entrusting your case to The Fairell Firm , in Atlanta, GA, you ensure your legal rights are upheld and your interests are prioritized every step of the way. If you require legal support for a personal injury claim, take decisive action today. Contact The Fairell Firm and let us fight for your rights and fair compensation without delay.

What Is A Dissolution Of Marriage?

Tue, 13 Feb 2024 22:02:16 GMT

What Is A Dissolution Of Marriage?

Choosing to file for divorce is a significant legal undertaking, particularly in the state of Georgia, where it is referred to as the "dissolution of marriage." At The Fairell Firm in Atlanta, we recognize the complexity and emotional weight of this process, which necessitates a thorough understanding of its intricacies. In this exploration, we aim to provide comprehensive insights into the essential aspects of marriage dissolution, shedding light on key considerations for those navigating this challenging terrain.

Initiating the Process

At the heart of the dissolution of marriage or divorce is the initiation phase, often instigated by one spouse filing a divorce petition. This legal document serves as the foundation for the divorce process, detailing grounds for divorce, whether they be irreconcilable differences or specific fault-based reasons. It is a crucial step in the divorce process as it officially begins the legal proceedings and sets the tone for how the rest of the process will unfold.

The petition outlines the basic information about the marriage, such as the date of the marriage, the names of the spouses, and any children involved. It also includes information about the reasons for the divorce, whether it is due to irreconcilable differences or specific fault-based reasons such as infidelity, abuse, or abandonment.

Legal Grounds for Dissolution

Georgia law recognizes both no-fault and fault-based divorces. No-fault divorces, commonly chosen, allow spouses to cite irreconcilable differences. Alternatively, fault-based divorces may be grounded in factors like adultery, cruelty, or desertion. A nuanced understanding of these grounds is crucial, and our adept divorce lawyers can guide individuals through this decision-making process.

Navigating Asset Division

A critical facet of the dissolution process involves the equitable distribution of marital assets and liabilities. Georgia adheres to the principle of equitable distribution, aiming for a fair — if not necessarily equal — division of marital property. The Fairell Firm's divorce attorneys specialize in negotiating fair asset divisions, ensuring alignment with each client's unique circumstances and interests.

Child Custody and Support

For couples with children, determining custody arrangements and child support is paramount. Courts prioritize the best interests of the child, emphasizing stability and well-being. The Fairell Firm's seasoned divorce attorneys advocate for parental rights, aiding in the creation of a comprehensive parenting plan that fosters a supportive environment for the children involved.

The dissolution of marriage is a complex and emotional process that can have a significant impact on your life. It involves not just the legal separation of two individuals, but also the division of assets, child custody arrangements, and other important factors. Navigating through this process can be overwhelming and daunting, which is why it is crucial to have the support and guidance of a qualified divorce lawyer .

If you are considering a divorce or have already made the decision to end your marriage, we encourage you to reach out to us for a consultation . Our team will work closely with you to understand your unique situation and provide personalized legal advice tailored to your needs. We are committed to helping our clients achieve the best possible outcome in their divorce proceedings.

The Importance of Reaching Resolution in Divorce

Mon, 22 Jan 2024 14:29:29 GMT

At The Fairell Firm , we understand that going through a divorce can be an emotionally challenging and financially burdensome experience. As divorce attorneys serving the Atlanta, Georgia, community, we recognize the significance of reaching a resolution in divorce proceedings. In this comprehensive blog post, we will explore why reaching a resolution is crucial for individuals navigating the divorce process and how our team can support you every step of the way.

Emotional Closure and Healing

The emotional toll of a divorce can be overwhelming. Reaching a resolution offers both spouses the opportunity for emotional closure and healing. By resolving issues such as property division , child custody, and financial matters, individuals can finally begin to focus on their personal growth and recovery. Without proper resolution, these unresolved and lingering issues can haunt individuals, hindering their ability to move forward.

Co-Parenting and Communication

For couples with children, reaching a resolution is crucial for establishing a healthy co-parenting relationship. Resolving child custody and visitation issues amicably promotes a positive environment for the children involved. Effective communication between ex-spouses allows for the well-being and proper upbringing of children. Consistent and open dialogue reduces conflicts and fosters a cooperative co-parenting dynamic.

Minimizing Stress and Conflict

Protracted divorce proceedings can be emotionally and mentally draining for all parties involved. By reaching a resolution, spouses can reduce stress and conflict, allowing them to focus on rebuilding their lives. Settling disputes outside the courtroom through mediation or collaborative divorce can be less adversarial, resulting in a more amicable post-divorce relationship.

Financial Stability and Time and Energy Saving

One of the primary concerns in divorce is the impact on one's financial stability. Without resolution, the costs associated with prolonged legal battles can be financially devastating. By reaching a resolution, both parties can ensure a fair distribution of assets and debts. This allows for financial stability and the ability to confidently move forward independently. A well-negotiated settlement can also help avoid lengthy court battles, saving time and money.

Another advantage of reaching a resolution in divorce is the valuable time and energy saved. Lengthy court battles can tie up years of a person's life. By settling issues efficiently, individuals can move forward and allocate their resources toward personal growth, their careers, and rebuilding their lives.

At The Fairell Firm , we are committed to guiding our Atlanta clients toward finding resolutions in their divorce cases. With our help, we can help you achieve an amicable resolution that sets the foundation for a positive future. If you're going through a divorce and need legal support, contact The Fairell Firm today. Together, we will work towards reaching a resolution that allows you to move forward confidently. Remember, you don't have to face this challenging time alone — our team of divorce lawyers is here to advocate for you.

Guide To Putting Children First In Custody Disputes

Mon, 22 Jan 2024 14:28:05 GMT

At The Fairell Firm in Atlanta, Georgia, we understand that custody disputes can be emotionally overwhelming for both parents and children involved. Our team of dedicated family law attorneys recognizes the importance of prioritizing the well-being and best interests of the children throughout this challenging process. In this comprehensive guide, we will provide practical advice and strategies to help parents navigate custody disputes while putting their children first.

Communication and Focusing on the Children’s Needs Is Key

Maintaining open and honest communication with your former spouse or partner is vital. Establishing effective lines of communication helps avoid misunderstandings and allows for the smooth negotiation of parenting plans. Encourage respectful conversations and always prioritize the children's well-being in discussions.

Additionally, during custody disputes, it can be easy for parents to get caught up in their own desires and emotions. However, it is crucial to remember that the priority should always be the children's well-being. Consider their daily routines, educational needs, and emotional support when discussing custody arrangements .

Maintain Consistency and Stability

A stable and consistent environment is essential for children's emotional well-being. Strive to create a co-parenting arrangement that provides stability and consistency in their daily lives. Keep schedules, school routines, and extracurricular activities as consistent as possible between households, promoting a sense of security for the children.

Foster a Healthy Co-Parenting Relationship and Put Your Personal Issues Aside

Effective co-parenting requires collaboration and compromise. Instead of viewing the situation as a competition, strive to develop a cooperative and respectful relationship with your former partner. This will not only benefit your children but also reduce conflict and stress during the custody dispute.

While it is natural to have personal grievances and past hurts during a custody dispute, it is crucial to separate those feelings from the situation at hand. Focus on the children's needs and work towards a mutually beneficial resolution rather than dwelling on past conflicts.

Seek Professional Guidance and Support for Yourself and the Children

Engaging the services of a family mediator or attorney, like our team at The Fairell Firm, can provide impartial advice and guidance during custody disputes. These professionals can help parents reach mutually beneficial solutions while keeping the children's needs at the forefront. Utilize their expertise to create a parenting plan that is fair and suitable for all parties involved.

Also, navigating a custody dispute can be emotionally demanding, so it's important to seek assistance on this front. Informative resources, support groups, or counseling sessions can provide you with the necessary tools to manage your own emotions and help your children cope during this difficult time.

At The Fairell Firm, we firmly believe in putting children first in custody disputes. Our experienced family law attorneys are committed to helping parents work towards fair and child-centered solutions. By taking these steps, parents can ensure that their children's well-being remains at the heart of the custody dispute. Contact our Atlanta team today to discuss your case and discover how our custody lawyers can assist you in prioritizing your children's best interests.

The Consequences of Not Paying Your Child Support On Time

Mon, 22 Jan 2024 14:26:31 GMT

At The Fairell Firm in Atlanta, Georgia, we understand the importance of upholding parental responsibilities and ensuring the well-being of children. Child support is a vital component of this commitment, and it is essential for parents to fulfill their financial obligations in a timely manner. However, when child support payments are neglected, the consequences can be significant. In this blog post, we will explore the implications of not paying child support on time. Learn more below, and contact us if you need a child support attorney you can count on!

Financial Penalties, Negative Credit, and Financial Consequences

One of the immediate consequences of not paying child support on time is the accrual of financial penalties. These penalties can vary depending on the jurisdiction but often include interest charges, late fees, and even wage garnishment. Over time, the accumulation of these penalties can significantly impact the delinquent parent's financial stability, making it even more challenging to catch up on missed payments.

Additionally, non-payment of child support can have a lasting impact on the delinquent parent's financial stability. Unpaid child support can appear on credit reports, damaging the parent's credit score and making it more challenging to secure loans, rent apartments, or even find employment. Neglecting child support obligations can thus have ripple effects on various aspects of the parent's life.

Legal Consequences

Non-payment of child support can also lead to serious legal repercussions. Courts have the power to enforce child support orders and may take various measures to ensure compliance. Depending on the jurisdiction, these measures can include suspending driver's licenses and professional licenses or even issuing arrest warrants. Furthermore, non-compliant parents may be held in contempt of court, which can result in fines or imprisonment.

Strained Parent-Child Relationship

The consequences of not paying child support extend beyond the financial realm and can have detrimental effects on the parent-child relationship. In many cases, the custodial parent may struggle to provide for the child's basic needs due to the lack of financial support. This can create tension, resentment, and instability within the family dynamic, often resulting in emotional and psychological distress for the child.

Impact on the Child's Well-being

The well-being and future prospects of the child can be significantly affected when child support payments are not made on time. Lack of adequate financial support may restrict a child's access to education, healthcare, and extracurricular activities. It can further exacerbate poverty levels within the household and negatively impact the child's overall development and opportunities for success.

If you find yourself in a situation where you are struggling with child support payments, it is crucial to seek legal assistance promptly. The Fairell Firm is here to guide and support you through the complexities of child support laws in Atlanta. Our experienced attorneys can help you understand your rights, negotiate with the other parent, and explore options for modifying the child support order based on changed circumstances. Contact The Fairell Firm today to discuss your child support concerns and take meaningful steps toward fulfilling your parental responsibilities.

Grandparents’ Rights In Georgia: What You Need To Know

Sat, 30 Dec 2023 02:37:12 GMT

When it comes to family law matters, the focus is often on the rights and responsibilities of parents. However, in some cases, grandparents may find themselves in a situation where they need to assert their rights to maintain a relationship with their grandchildren. Understanding grandparents' rights in Georgia is essential in protecting these valuable relationships. In this blog post from The Fairell Firm in Atlanta, Georgia, we will explore the key points surrounding grandparents' rights and the importance of seeking legal guidance from experienced family law lawyers in a law office or an attorney at law.

Legal Grounds for Seeking Grandparents' Rights

In Georgia, grandparents may petition for visitation or custody rights if it is in the best interests of the child and certain conditions are met. Typically, grandparents must prove that the child's welfare significantly benefits from continued contact with them or that the child will suffer harm or deprivation without such involvement. It is crucial to gather evidence and present a compelling case to the family court for the best chance at securing grandparents' rights.

Conditions for Seeking Grandparents' Rights

When seeking grandparents' rights in Georgia, understanding the specific conditions is vital. These conditions include situations where the child's parents have divorced, were never married, or one parent is deceased. Additionally, grandparents may have a case if there has been a substantial change in the circumstances affecting the child's well-being. Consulting with a knowledgeable family court lawyer can help assess the eligibility for asserting grandparents' rights based on the individual circumstances of the case.

The Role of Mediation and Dispute Resolution

In many instances, resolving disputes regarding grandparents' rights can be achieved through mediation or alternative dispute resolution methods. These processes promote open communication and collaboration, allowing all parties involved to work towards a mutually acceptable solution. Consultation with a family law lawyer experienced in mediation can lead to effective negotiations, reducing conflict and providing a better outcome for both the grandparents and the child.

The Importance of Seeking Legal Guidance

Grandparents seeking to protect their rights to maintain a relationship with their grandchildren should seek professional legal guidance as early as possible. A law office specializing in family law and attorneys at law who handle grandparents' rights cases will have the knowledge and expertise to navigate the complexities of Georgia's legal system. They can provide accurate advice, assist in gathering evidence, outline the legal process, and advocate for the best interests of the grandparents and the children involved.

Maintaining a strong bond between grandparents and grandchildren is invaluable, and understanding grandparents' rights in Georgia is essential to safeguard these relationships. Seeking the help of a dedicated family law lawyer in a reputable law office or an attorney at law can provide the necessary guidance and representation throughout the legal process. Whether it involves visitation rights or custody matters, a skilled family court lawyer will help grandparents navigate the complexities, protect their rights, and advocate for the best interests of the children involved. If you are a grandparent seeking to assert your rights, do not hesitate to consult with experienced family law attorneys who can help you navigate the legal landscape and ensure the preservation of these cherished relationships. Contact us today.

What Can You Do If A Minor Injures You In A Georgia Car Accident?

Fri, 22 Sep 2023 14:57:03 GMT

Car accidents that include a minor present special issues that are important to understand when taking the next steps. Georgia is what is called an “at-fault” state, which means that whoever is at fault for the accident is liable to pay for resulting injuries and property damage. But when it comes to accidents with minors, the extra steps of proving liability and negligence become even more complicated. Here at the Fairell Firm , we want to ensure your personal injury claim and case can go as smoothly as possible. Read below to learn more about the next steps when injured by a minor in a car accident.

Recover, Record, and Reset

As with any accident, it is important for you to take time to recover. However, it is just as important for you to record all information regarding the accident. Keep any pictures of the accident you have, the police report, notes of your pain, and any bills you have resulting from the accident. These records will be key in further steps of the legal process. Once you are ready, taking time to reset your mindset will be helpful to get you back on the road and better prepared for the legal process, which sometimes can be lengthy in these cases.

Consult an Attorney

Due to the complicated legal process of filing a claim after being injured by a minor in an accident, it is highly recommended to seek advice from experienced attorneys who specialize in personal injury laws, such as our team at the Fairell Firm. Our attorneys are experienced with Georgia's Parental Responsibility Laws, and we will be there for you every step of the way. These laws are in place to hold parents or guardians liable when their child injures another person.

However, in order to receive compensation, victims are required to prove these four points:

Parents have control over the car driven by the minor in the accident
Parents made that car available for family use
The minor is a part of the family’s immediate household
The minor drove the car under permission of the family.

As these extra steps can be tricky, consulting a personal injury attorney is the best way to ensure you obtain the best possible compensation for your injury.

File an Insurance Claim

After the investigation determines fault, it is important to file an insurance claim as soon as possible. As Georgia’s Parental Responsibility Laws suggest, the insurance of the parents or guardian of the at-fault minor will be responsible for paying for the damages resulting from the accident. If you prove the four points outlined above, and have your recorded evidence of negligence from the accident, your compensation claim will be filed.

File a Lawsuit

In some cases, you might want to file a lawsuit. A lawsuit may be required if there is no insurance or not enough insurance coverage from the minor or their parents, or if you are not satisfied with the amount from your insurance claim.

Whether you are injured by a minor or an adult, having an attorney on your case is your greatest asset. Navigating the legal process following an accident can be tricky, but our personal injury attorneys at the Fairell Firm are dedicated to your justice. Call us today for a consultation !

FAQs About Child Custody Law

Fri, 11 Aug 2023 17:15:50 GMT

Child custody is one of the most sensitive and critical aspects of divorce or separation. Navigating the best interests of your children can slip through the cracks when you’re having to divide assets. As parents, it’s natural to have numerous questions and concerns about how child custody law works. The Fairell Firm is here to help you gain clarity and assist you in understanding your rights. Read on to learn some frequently asked questions about child custody law.

If you are in need of a child custody lawyer in Metro Atlanta, contact us today !

What is child custody, and what are the different types?

This type of family law refers to the legal and physical responsibility of a parent for their child’s well-being. There are various types of custody, including sole custody, joint custody, and split custody — each entailing varying degrees of parental responsibility and visitation. Our custody attorneys in Metro Atlanta will work with you to understand your needs and provide legal advice.

How is Child Custody Determined?

During family law cases, the court considers the child’s best interest when determining the type of custody given. Factors could include the child’s age, relationship with each parent, stability of each household, and each parent’s ability to provide. Our child custody lawyers in Metro Atlanta will work with you to determine custody by considering all factors.

Can I Modify a Custody Arrangement in The Future?

It depends. Custody arrangements can be modified if there has been a significant change in circumstances that affect the child’s well-being. Or it can be changed due to the parent’s ability to care for the child. During your consultation, your custody attorney will discuss custody arrangements with you.

What is The Difference Between Legal and Physical Custody?

Legal custody grants a parent the right to make important decisions about the child’s upbringing, such as education, healthcare, and religion. Physical custody, on the other hand, determines where the child lives and with whom. Our family law lawyers will discuss this with you prior to going to court to understand your preferences.

How Do Courts Handle Child Custody Disputes?

Typically courts encourage parents to resolve custody disputes through mediation or negotiation. If an agreement can not be reached, the court will make a decision based on the best interest of your child. The Fair ell Firm takes the time to understand your case before the mediation or negotiation occurs in hopes that it doesn’t need to be taken to court. That being said, each case is different, and this type of result can’t be promised.

Child custody can be emotionally challenging for all parties involved. The Fairell Firm in Metro Atlanta approaches all child custody cases with empathy and a focus on the best interests of the child. Consulting with our child custody lawyers ensures your rights are protected and to navigate the legal processes effectively. Contact us today to get started.

FAQs About Divorce Law

Fri, 11 Aug 2023 17:04:44 GMT

Divorce can be a complex and emotionally challenging process for all parties involved. Navigating the legal aspects can add to this stress and leave you feeling drained. To help you gain more clarity and insight during this legal process, The Fairell Firm will address some frequently asked questions about divorce law.

If you are searching for the best divorce attorney in Atlanta, GA, contact us today !

How Long Does the Divorce Process Take?

The duration of filing for divorce varies case by case. It can range from a few months to several years. This can depend on factors like the complexity of assets, child custody disputes , and the willingness of both parties to cooperate. Speak to one of our Atlanta divorce lawyers now to understand the process of your case.

What is The Difference Between Contested and Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all key issues, such as asset division, child custody, alimony, and support. A contested divorce, on the other hand, involves disagreements on one or more of these matters. This often requires court intervention and our divorce lawyers will work with you to understand each proceeding.

How Are Assets Divided During a Divorce?

In most jurisdictions, assets are divided fairly or equitably, but not always equal. Factors like the length of the marriage, each spouse’s financial contributions, and future earnings are considered. When you work with us, the best divorce attorneys in Atlanta, we will do our best to provide quality advice when dividing assets.

Do I Need an Attorney for My Divorce?

While it is possible to handle a divorce without an attorney, it’s highly recommended to seek legal counsel. Our experienced Atlanta divorce lawyers can protect your rights, provide valuable advice, and navigate the legal complexities on your behalf.

What Role Does Mediation Play in The Divorce Process?

Mediation is an alternative dispute resolution method where a neutral third party helps facilitate discussions and negotiations. For a legal separation, our divorce lawyers can provide mediation for you and your spouse to reach mutually agreeable solutions.

Divorce law is a complex area with numerous nuances and variables. Understanding the process of legal separation keeps you informed of your rights and options while easing the difficulties associated with divorce. The Fairell Firm’s best divorce attorneys are here to consult with you on your case to make the process smoother once you file for divorce. Contact us today .

Grounds for Divorce In Georgia

Mon, 17 Jul 2023 19:42:23 GMT

Divorce is a difficult process, and it can be even more challenging when you are unsure about the grounds for divorce in your state. There are different grounds for divorce in Georgia, including fault and no-fault. At The Fairell Firm , we understand that every situation is unique, and we're here to help you navigate this difficult time. Contact us with questions about your situation, and as you read, we'll discuss the different grounds for divorce in Georgia and how they may impact your case.

Grounds for Divorce: Fault vs. No-Fault

In Georgia , you can file for both fault and no-fault divorce. No-fault divorce is when you don't need to prove that your spouse did something wrong and is simply requesting a divorce. On the other hand, fault divorce requires evidence that your spouse did something that caused the breakdown of your marriage. This could include abandonment, adultery, cruel treatment, and more.

Adultery

Adultery is one of the most common grounds for divorce in Georgia . It occurs when one spouse has extramarital sexual relations, and the other spouse can no longer continue the marriage due to this infidelity. If you are alleging adultery as a reason for divorce, you must have sufficient evidence it occurred.

Cruel Treat ment

Cruel treatment is another fault ground for divorce in Georgia. It can include mental or physical abuse, excessive drug or alcohol use, or verbal insults. If your spouse's cruel treatment has made it impossible for you to continue the marriage, you may have grounds for divor ce.

Irretrievable Breakdown

If you don't wish to file for a fault-ground divorce, you can file for a no-fault divorce in Georgia based on the irretrievable breakdown of your marriage. This means that your marriage is broken, and there is no prospect of reconciliation. You need to live apart from your spouse for 30 days or more before filing for divorce based on this ground.

Divorce is a challenging time regardless of the grounds. That's why at The Fairell Firm , we aim to make the process as seamless as possible while providing the best legal counsel available. We understand how emotionally tumultuous it can be, and we're here to provide you with the support and guidance you need during this difficult time. Please don’t hesitate to contact us to schedule a consultation with one of our experienced attorneys regarding the grounds for divorce in Georgia.

Georgia Discovery Process: What to Know for Your Divorce

Tue, 11 Jul 2023 18:22:36 GMT

Going through a divorce can be an emotional and difficult time for everyone involved. The discovery process can make the process even more overwhelming as it can be confusing and time-consuming. At The Fairell Firm , we understand that the discovery process can be complicated, which is why we're here to provide clarity and support. Contact us , and we'll explore what the Georgia discovery process is and what you need to know to navigate it successfully.

Understanding the Georgia Discovery Process

The discovery process is a critical stage in every divorce case. It is a legal process in which both parties exchange information relevant to the case. This information can be used to prepare for trials or negotiations. The discovery process can take different forms such as depositions, requests for production of documents, interrogatories, and requests for admissions.

Depositions

Depositions involve sworn statements taken under oath by each spouse's lawyers. During a deposition, the witness is asked questions, and their answers are recorded by a court reporter. Depositions can be used during the trial or as a tool to gather information to build a case.

Request for Production of Documents

A request for the production of documents is a formal request for documentation, which can include bank statements, medical records, employment records, and more. These documents can help establish the value of assets and income, which can be crucial in a divorce settlement.

Interrogatories

Interrogatories are written questions that the opposing party must answer under oath. Interrogatories can be used to provide clarity on details that were not addressed in other discovery methods, making them essential in some cases.

The discovery process is a critical stage in divorce proceedings. It can be a time-consuming and confusing process, which is why it's important to work with a trusted and experienced attorney. At The Fairell Firm , we're here to provide you with the support you need throughout the discovery process and beyond. Contact us today to schedule an appointment and discover how we can assist you in your Georgia divorce case.

How to Maximize Your Case Value After a Car Accident In Atlanta

Thu, 22 Jun 2023 22:28:14 GMT

Car accidents can result in severe physical and financial damages. As an Atlanta resident, knowing how to maximize your case value is crucial to getting the compensation you deserve. In this blog from The Fairell Firm , we will outline key ways to elevate your case's worth after a car accident in Atlanta. Read on to learn more or if you are in need of representation, reach out to our team today to discuss your case.

Report the Accident

Report the accident to your insurance company as soon as possible, providing them with all the necessary information. This is important because failing to report the accident on time can result in your insurance company denying your claim. Reporting the accident also protects you in case the other party denies responsibility or files a false statement.

Document Everything

Keeping track of all documents related to your accident is key to building a strong case. This includes medical bills, car repair bills, lost wages, and any other related expenses. By thoroughly documenting your accident and associated costs, you'll be able to ensure you receive the compensation you deserve.

Gather Evidence

Take photos of the accident scene, the damage to the vehicles involved, any injuries you may have sustained, and any other relevant evidence. This gives you documentation of everything you need during the legal process and can provide proof of your story. Witness statements and police reports are also important pieces of evidence to collect.

Consult an Attorney

It is essential to seek advice from experienced attorneys specializing in personal injury law in Atlanta. At The Fairell Firm, we have a team of personal injury attorneys who can provide legal advice, advocacy, and assistance in obtaining the best possible compensation for your injury.

While car accidents can be stressful experiences, there are steps you can take to maximize your case value and ensure a fair settlement. At The Fairell Firm in Atlanta, Georgia, we have a team of experienced attorneys in personal injury law who can provide legal advice and advocacy and can help in getting the best compensation for your injury. Reach out to us today for professional legal representation.

What is Divorce Arbitration?

Wed, 14 Jun 2023 20:41:25 GMT

What is Divorce Arbitration?

Going through a divorce is never an easy task. It's a complex and emotional process that can be complicated by many factors, including custody arrangements, division of assets, and child support payments. That's where divorce arbitration can help. In this article, our team at The Fairell Firm will explain what divorce arbitration is and how it can help you navigate the process of divorce with ease. If you are in need of a divorce lawyer and seeking divorce arbitration, contact us today to see how we can help.

What is Divorce Arbitration?

Divorce arbitration is a form of alternative dispute resolution that is used to resolve disputes between couples going through a divorce. It is a private process where a neutral third-party arbitrator hears both sides of the case and makes a decision that is legally binding. Unlike mediation , where the parties have control over the outcome, the decision in divorce arbitration is made by the arbitrator.

How Can Divorce Arbitration Help You?

Divorce arbitration can help you in several ways. First, it can save you time and money by avoiding a lengthy court process. Second, it allows for more privacy since it is not a public process. Third, it can provide a more predictable outcome since the arbitrator's decision is legally binding. Finally, it can help reduce the emotional toll that the divorce process can take on both parties.

What Are the Advantages of Choosing the Fairell Firm for Divorce Arbitration?

At the Fairell Firm, our family lawyers understand how difficult the divorce process can be. That's why we offer a family mediation service that includes divorce arbitration. Our attorneys are experienced in handling divorce cases and can provide guidance and support throughout the entire process.

What Should You Expect During Divorce Arbitration with the Fairell Firm?

During divorce arbitration, you can expect a fair and impartial process where both parties have an opportunity to present their case. Our attorneys will use a compassionate and understanding approach to provide guidance and support throughout the process and work to ensure that the arbitrator's decision is fair and legally binding.

Divorce arbitration is an effective and efficient way to navigate the process of divorce. It provides a private and predictable outcome that can save you time, money, and emotional distress. At The Fairell Firm , our family lawyers are experienced in handling divorce cases and can provide guidance and support throughout the entire process. Contact us to learn more about our family mediation service and schedule a case evaluation today!

Mediation Vs. Going To Court: Which One Should You Choose?

Wed, 07 Jun 2023 18:39:30 GMT

As family lawyers, we understand that going through a divorce or family law dispute can be a stressful and emotionally challenging time. When it comes to resolving disputes, there are two options available: mediation or going to court. At The Fairell Firm , our family mediation service is designed to help clients reach a peaceful resolution without the need for litigation. In this blog post, we'll explore the key differences between mediation and going to court so you can better decide which one is better for your needs. If you are in need of a reliable law firm in Atlanta that fights for your family, contact us to see how we can help.

Mediation: A Collaborative Approach

Mediation is a collaborative approach that involves a neutral third party, also known as the mediator, who helps the parties to come to an agreement. Unlike in court, mediation is a private and confidential process where the parties have control over the outcome. Mediation is generally less confrontational than going to court, and it allows for more open communication and understanding between parties. Our family mediation service at The Fairell Firm is designed to help couples and families come to an agreement that works for everyone involved.

Going to Court: A Formal Process

Going to court is a formal process that involves each party presenting their case to a judge who then makes a decision. In addition to being a lengthy and expensive process, going to court can also be unpredictable. Judges may make decisions that are not favorable to either party, and the outcome of the case may not be what either party was hoping for.

Furthermore, going to court can exacerbate the emotional strain of the situation, as both parties are pitted against each other in an adversarial setting. It is important to note that in some cases, going to court may be necessary, but it should always be viewed as a last resort after all other options, including mediation, have been explored.

Benefits of Mediation

Cost-effective : Mediation is generally less expensive than going to court.
Confidential : Mediation is a private and confidential process that allows for open communication and understanding.
Control over the outcome: Mediation allows the parties to have control over the outcome, unlike in court, where the judge has the final say.

Less confrontational: Mediation is generally less confrontational than going to court.

At The Fairell Firm , our family mediation service is designed to help couples and families come to an agreement that works for everyone involved. We understand that every family is unique, and we are committed to providing our clients with personalized and compassionate representation. If you are going through a divorce or family law dispute, we encourage you to consider mediation as a way to resolve your issues peacefully and cost-effectively. Contact us today to learn more about our family mediation service and how we can help you.

How Child Support and Custody Are Linked

Thu, 23 Mar 2023 15:04:18 GMT

When going through a divorce involving children, child custody and child support are two separate issues that are often determined together. Make sure you have all the information you need to make an informed decision about child custody and child support. Consider consulting a lawyer or mediator at The Fairell Firm to help guide you through the process and ensure you and your children's best interests are considered.

Child Support and Custody Complications

When divorce proceedings involve children, determining the custodial parent can be a complicated process. One parent may favor their parenting skills over the other, and the child may be caught in the middle of a potentially volatile situation. This can make the decision-making process difficult for all parties involved, as each parent may be vying for the right to be the custodial parent. In many cases, the non-custodial parent will be required to provide child support payments to the custodial parent on a monthly or bi-monthly basis. These payments are intended to help defray expenses incurred for the minor child and typically continue until the child turns 18 or graduates high school.

Georgia-specific Laws

When both parents share custody in the state of Georgia, the issue of child support can be complex. The courts will take into account the best interests of the child, including the mental and physical health of the parents, their ability to provide a stable home environment, and any other factors that may affect the child's well-being. Additionally, the court may consider the wishes of the child, depending on their age and maturity. Ultimately, the court's decision will be based on what is in the best interests of the child, and the custodial parent will be responsible for providing a safe, supportive, and nurturing environment for the child.

Custody and Child Support Specifics

It is important to understand that child support and visitation are two separate rights and obligations that are not connected to one another. A parent cannot refuse to allow visitation if child support is not paid. Child support payments are legally required and are a separate issue from visitation rights. It is important to remember that both parents have a legal responsibility to provide financial support for their children, and that visitation rights should not be denied as a consequence of not paying child support.

What is Determined Fair?

The amount of child support paid is determined by a variety of factors, such as income and parenting time. Generally speaking, if the parties have unequal incomes, then the parent with the higher income will be responsible for paying child support. However, if both parties have equal incomes and share equal parenting time, then child support may not be required. If a parent wishes to obtain sole custody, they need to go through the court system. It is a crime to take a child without having custody rights. The Department of Family and Children Services can also ask the court for custody if they believe the child is deprived.

Child custody and child support are complex issues, and any decision should be made with the best interests of the child in mind. In any case, it is important to understand the rules of child support in the state of Georgia. Fairell Firm’s strict legal team can assist you with any concerns regarding your child.

Factors That May Invalidate A Prenup In Georgia

Thu, 23 Mar 2023 14:59:29 GMT

Going through a prenuptial agreement can cause some friction. It is important to have a team of experienced attorneys to guide you through the complicated process of a prenup to ensure that your rights are adequately protected. Navigating your prenuptial agreement can cause confusion. Allow Fairell Firm to help ensure a fair and equitable settlement.

Navigating Divorce With a Prenup

Prenuptial agreements are becoming more common among couples with substantial assets in Georgia. Divorce proceedings can be complex and emotionally taxing, but having the right representation to explain your tailored prenuptial agreement is vital. While there are many benefits to creating a prenuptial agreement — such as protecting a family business, keeping financial assets separate, and maintaining property ownership — there can be situations in which a prenuptial agreement is invalid. In such cases, mediation can help couples navigate the complex legal process associated with creating a valid prenuptial agreement or settling their divorce without a prenup .

Where to Start

If you are considering a prenuptial agreement, it's important to make sure that all paperwork is properly filled out and filed. Careless errors can lead to the agreement being invalidated, including misinformation on forms, not having files notarized, or not filing the paperwork correctly. Taking the time and working with professional legal staff to make sure all paperwork is properly filled out and filed is essential to ensure that your prenuptial agreement is valid.

What to Watch Out For

When entering the divorce process, it's important to be aware of the potential threats for fraudulent prenuptial agreements. Mediation can help couples clearly define their rights, responsibilities, and expectations. This step ensures that the parties’ prenuptial agreement is legally binding. Both spouses must be transparent with their assets and disclose the full value of their assets in order to ensure that the agreement is valid. Additionally, it is important to be aware of any agreements made while a person was incapacitated or under duress — as these agreements may be invalidated if it is proven that they were not made of the person's own free will. In-house mediators can help with this process.

Importance of a Prenuptial Agreement

Having a prenuptial agreement in place is important for any couple getting married, but it is vital to make sure that proper legal representation is involved. Without legal representation, the prenuptial agreement may be invalidated. Each person should have their own attorney review the agreement to ensure that it is legally valid. The Fairell Firm can provide attorneys who are knowledgeable in family law and are eager to help our clients draft and review a prenuptial agreement that is suitable for their particular situation. It is essential to have an attorney who understands the intricacies of family law to protect assets in the event of a divorce.

The Fairell Firm offers a number of tools and resources to make your prenuptial process smoother. Ensure that your rights are protected during your prenup no matter the prenuptial agreement. Call for legal advice today!

Benefits Of Using A Mediator

Tue, 07 Mar 2023 23:35:05 GMT

If you and your family are considering a divorce, family law mediation may be a beneficial option for you. Mediation offers multiple advantages, such as helping to reduce conflict between parties, reducing financial cost, and increasing the chances of a successful resolution. With the assistance of a mediator, you can discuss the issues that need to be resolved in a private setting, and come to an agreement that both parties can accept. Choosing Fairell Firm’s family law mediation is a great way to ensure a fair resolution for all involved.

Informal Court

One advantage to mediation is its informal setting. Mediation is informal and flexible, where attorneys in a courtroom are not, necessarily. There are no formal rules of evidence and no witnesses. Family law mediation is a great option for couples looking to resolve their disputes in an amicable way. A skilled mediator can focus on the matter at hand and guide the conversation without interruption, allowing the parties involved to work out a mutually beneficial agreement . Mediation is often a less stressful and less expensive alternative to traditional court proceedings for family law matters.

Confidential

Mediation promotes your family’s confidentiality. The Fairell Firm offers a confidential process, where the mediators do not have the right to disclose any information revealed during the mediation. The sessions are not tape-recorded or transcribed, and at the conclusion of the mediation, mediators will destroy any notes they took during the session.

Equal Opportunity

With mediation, parties have an equal say in the process, as opposed to a court case where one party has more power than the other. It is important for the mediator to attempt to preserve any relationships that may be damaged during the mediation process. In mediation, both sides are heard, and the parties are free to negotiate their own settlements, allowing them to have greater control over the outcome of their dispute. Fault is not determined, instead, the parties work together to reach a mutually agreeable resolution that satisfies both sides.

Effective

Mediation is, ultimately, a quick and inexpensive option for divorce resolution . Mediation generally takes less time to complete, and can help resolve disputes between parties in a way that is less confrontational than a win/lose decision-making procedure. This can help maintain a healthy, working relationship between the parties involved.

Family mediation with the Fairell Firm’s counsel, we can provide a sense of control and confidence closure for both parties to help resolve all issues of divorce and take important steps to work toward your future.

A Guide To Reaching Resolutions in Divorce

Fri, 03 Feb 2023 17:42:14 GMT

Divorce is one of the most difficult situations a family can face. It is emotionally and physically draining and can be incredibly stressful. It is important to understand that divorce is more than just the legal process of ending a marriage. It is a process with many steps, decisions, and considerations that need to be made to ensure the best possible outcome for all parties involved. One of the most difficult aspects of divorce is reaching resolutions that are fair and beneficial to everyone involved.

In this guide from The Fairell Firm in Atlanta, Georgia, we are going to discuss some of the most important factors to keep in mind in order to reach a resolution during a divorce. Read on to learn more, and if you’re in need of divorce attorney, reach out to our family law firm today.

Understanding the Divorce Process

Divorce is a complex legal process, and it is important to understand the different steps that will be taken and the different documents that need to be filed. A divorce attorney will be able to explain the process and provide advice as to how to handle various issues that may arise. An attorney will also be able to negotiate with the other party's attorney to ensure that the best possible resolution is reached.

What Does a Divorce Resolution Involve?

A divorce resolution is an agreement that is reached between two or more parties in a divorce. Resolutions usually involve the division of assets, debts, and other matters related to the marriage. They can also involve issues such as child custody, visitation rights, and spousal support. Resolutions are important because they provide the framework for the financial and emotional stability of both parties after the divorce is finalized.

Tips for Reaching Resolutions

Understand Your Rights and Responsibilities: It is important to have a clear understanding of your rights and responsibilities in a divorce. This includes understanding the legal process, the division of property and assets, and the implications of any agreements you may make. It is also important to understand your spouse’s rights and responsibilities.
Seek Professional Guidance: Seeking professional guidance can be extremely beneficial in a divorce. A divorce lawyer or mediator can help you understand your rights and responsibilities and can help you reach resolutions that are in your best interests.
Negotiate Fairly: Negotiating can be difficult, but it is important to remember that a good negotiation should be fair to both parties. Consider the needs and interests of both parties, and be sure to keep communication open.
Be Realistic: It is important to be realistic when negotiating a resolution. It is unlikely that both parties will get everything they want, and it is important to remember that compromise is key.
Take Breaks: Negotiations can be stressful and tiring. It is important to take breaks when needed and to remember that you do not have to come to an agreement in one sitting.

Considering the Implications of Your Resolution

It is important to consider the long-term implications of the divorce and to make sure that the best resolution is reached. A divorce attorney will be able to provide advice on how to handle various issues that may arise in the future and how to make sure that the best resolution is reached.

Hire an Experienced Divorce Attorney in Atlanta, Georgia

Reaching resolutions in divorce can be a difficult process. Having an experienced divorce attorney on your side can make all the difference. At The Fairell Firm , we provide individuals going through a divorce with expert legal advice and representation, helping you reach the best possible resolution. If you’d like to learn more about our family law practice or our divorce attorneys, reach out to The Fairell Firm in Atlanta, Georgia today for a case evaluation.

4 Important Facts About Child Support in Georgia

Fri, 03 Feb 2023 17:19:45 GMT

Child support is an important part of a divorce or separation in the state of Georgia. Whether a couple is going through a divorce, legal separation, or annulment, they will need to make arrangements for the care and support of any dependent children. In today’s article from The Fairell Firm in Atlanta, Georgia, we are going to discuss four important facts that parents should understand about child support in Georgia. Read on to learn more.

Child Support Guidelines

Georgia has established child support guidelines to determine the amount of child support that must be paid by either parent. The guidelines are based on a variety of factors, such as the number of children, the income of both parents, and the parenting time arrangement. The guidelines are designed to ensure that the child receives an appropriate level of financial support.

In some cases, the court may deviate from the child support guidelines when determining the amount of child support that is to be paid. This can happen if the court finds that following the guidelines would be unjust or inappropriate in the particular case. The court may also consider other factors, such as the parents’ relative incomes, the standard of living enjoyed by the parents prior to the divorce, and the needs of the children.

Modification of Child Support

If the circumstances of either parent or the child changes, the child support order may be modified. Parents may seek to modify child support for a variety of reasons, such as a change in income or an increase in parenting time. If the parents agree, they can file a stipulation with the court to modify the child support order. The court will then review the request and decide if a modification is warranted.

Enforcement of Child Support

It is important to keep up with payments. Not paying child support can have serious consequences. In Georgia, a parent who fails to make payments may be held in contempt of court. This can result in fines, jail time, or other penalties.

Additionally, if a parent fails to pay child support, the receiving parent may take action to enforce the order. There are a variety of enforcement options available in Georgia, such as wage garnishment, withholding tax refunds, and suspending driver’s licenses.

Termination of Child Support

Child support typically terminates when the child is no longer a minor; however, there are exceptions. In Georgia, child support may be extended beyond the age of majority if the child is still a full-time student, or if the child is disabled.

Work With an Experienced Family Law Attorney

Child support is an important issue in Georgia that can have a major impact on the welfare of children. It is important for both parents to understand their legal obligations and to adhere to the court’s orders. An experienced divorce attorney can help parents navigate the system and ensure that their rights are protected. If you’re in need of a family law team to help you navigate divorce and child custody in Atlanta, Georgia, reach out to the team at The Fairell Firm today.

Types of Personal Injury Cases

Tue, 17 Jan 2023 13:43:37 GMT

Personal injury cases can range from a slip-and-fall incident to a car accident that results in a severe injury. No matter what type of injury you have suffered, it is important to understand your rights and the legal process. The Fairell Firm is dedicated to providing legal representation to ensure that you get the best outcome possible. Contact our Atlant personal injury attorneys today to schedule a consultation.

Slip-and-Fall Cases

Slip-and-fall cases are one of the most common types of personal injury cases and involve an individual slipping and falling on someone else’s property. Property owners have a responsibility to maintain their premises in a safe and orderly fashion. If they fail to do so, they may be liable for any injuries that occur. In order to prove liability, it must be shown that the property owner or manager was negligent in the upkeep of the property.

Car Accident Cases

Car accident cases involve a motor vehicle collision that results in an injury or death. In order to establish liability, it must be proven that the other driver acted negligently or recklessly. This may include speeding, failing to obey traffic laws, or driving under the influence of drugs or alcohol. It is important to remember that even if both drivers were negligent, the driver who was more negligent may be held liable for the accident.

Medical Malpractice Cases

Medical malpractice cases involve a medical professional who fails to provide a duty of care to a patient. This could include a misdiagnosis, prescription errors, or a failure to diagnose a condition in a timely manner. In order to pursue a medical malpractice case, it must be proven that the medical professional failed to provide an acceptable standard of care, which resulted in an injury or death.

Contact an Atlanta Personal Injury Lawyer

At The Fairell Firm , our experienced injury attorneys understand the complexities of personal injury cases and can help you navigate the legal process. We are dedicated to providing you with the legal representation you need to get the best outcome possible. Contact us today to schedule a consultation.

3 Common Child Support Mistakes To Avoid

Tue, 17 Jan 2023 13:42:34 GMT

Child support is an important part of ensuring your child’s well-being. When deciding on a child support agreement, there are certain mistakes you must avoid in order to make sure that your child will be taken care of in the best way possible. The Fairell Firm has extensive experience in guiding families through the child support process, and here are four common mistakes to avoid when dealing with child support. If you’d like to schedule a consultation with an Atlanta child support lawyer, contact us today.

Mistake One: Not Getting Legal Help

Although it is possible to handle the child support process on your own, having a lawyer on your side can help ensure that your rights and your child’s rights are protected. The Fairell Firm can provide the legal expertise and guidance needed to navigate the child support process and help make sure your child is taken care of.

Mistake Two: Being Unaware of Changing Circumstances

It is important to be aware of any changes in the circumstances of the child or the parents that may affect child support payments. This could include a change in income, a change in residence, or any other changes that could affect the child support agreement.

Mistake Three: Missing Deadlines

The last mistake to avoid is missing deadlines or not being aware of child support deadlines. The court will set a timeline for taking action and making payments, and it is important to be aware of these deadlines. Missing a deadline could result in potential penalties or other consequences.

Contact an Atlanta Child Support Lawyer

Child support is an important part of ensuring your child's well-being, and it is important to be aware of the mistakes to avoid. The Fairell Firm has the experience and expertise to help guide you through the process and make sure your child is taken care of in the best way possible. Schedule a consultation with a child support lawyer today.

What To Do If You’re Not Receiving Your Child Support Payments

Thu, 15 Dec 2022 02:06:09 GMT

If you’re not receiving your child support payments like you’re supposed to, it can be a frustrating and overwhelming experience. After all, you’re simply trying to provide for your child, and you deserve the means to do so. In today’s blog, the legal team at The Fairell Firm is here with the steps you can follow if you’re not receiving the child support payments you’re owed . Read on to discover how to take control of the situation and how our family law attorneys in Metro Atlanta can help.

Remember What You’re Entitled To

The first step is developing the right mindset to carry forward in this difficult situation. It can be easy to feel selfish or even ashamed when requesting child support payments, but you should remember that it’s money you are entitled to so you can care for your child. Child support is not a gift from the other parent — it’s a legal obligation, and you have the right to receive those payments.

Verify the Child Support Agreement

The first thing you’ll want to do is make sure you have a valid, enforceable child support order. In Georgia, child support payments are only enforceable through the legal system if there is an official court order in place. If you don’t already have one, you’ll need to file for child support through your local Superior Court. For those who already have a court order, you can obtain a copy from the Superior Court Clerk’s office in the county where the order was issued or by contacting the Division of Child Support Services (DCSS).

Steps to Take if Payments Stop

If your child support payments have stopped, the first step is to reach out to Georgia’s Division of Child Support Services. DCSS can provide a wealth of information and tools to help you enforce the order. They can also verify the payment status, track down the non-paying parent’s employment, and begin the process of wage garnishment if necessary.

Sometimes, payments may stop due to changes in the non-custodial parent’s situation, such as a job loss or a switch in employment. If you have any updated information about their employment or financial status, report it immediately to DCSS. They can use this information to pursue payment through alternate methods, such as garnishing unemployment benefits or placing a lien on property.

It’s also critical to document any missed payments, including the dates and amounts, to build a strong case for enforcement. In Georgia, enforcement actions can include seizing tax refunds, suspending driver’s or professional licenses, and even filing contempt of court actions, which may result in fines or jail time for the non-paying parent. Acting quickly and providing DCSS with as much information as possible will expedite the enforcement process and help you secure the payments you’re entitled to.

Speak to an Attorney

If your child’s other parent is refusing to pay child support, legal action can be taken against them. Since the legal process is difficult to navigate on your own, your best bet is meeting with an experienced family attorney in the Metro Atlanta area. They can go over your options and provide you with a comprehensive legal strategy to receive the child support payments that have been unfairly withheld from you.

At The Fairell Firm, we have years of experience handling child support, custody, and divorce cases, so we know what it takes to get you results. While no legal result can be guaranteed, you can be sure that we’ll work tirelessly to achieve justice for you and your child.

Go to Court

If the other party continues to be uncooperative when it comes to sending child support payments, they can be taken to court. Typically, the judge will find them to be in contempt of court, which punishes them with fines or jail time for not delivering on their end of the deal. This also allows you to receive the compensation you deserve.

Raising your child is stressful enough as is. If missing child support payments are preventing you from giving them the care they need, contact The Fairell Firm today for legal assistance in Metro Atlanta.

Enforcement Methods in Georgia

In Georgia, there are several enforcement tools available to ensure child support payments are made. The Division of Child Support Services (DCSS) is equipped to help you use these methods, and the courts also play a key role. The most commonly used method is wage garnishment, where the non-custodial parent’s employer is legally required to withhold a portion of their wages and send it directly to you. This method is highly effective, especially when the non-paying parent has stable employment.

In cases where the parent is not employed or attempts to evade payment, Georgia offers other enforcement options. The state can suspend various licenses, including driver’s, professional, and even recreational licenses, until the overdue payments are made. Additionally, DCSS can seize tax refunds, lottery winnings, or even place a lien on property owned by the non-paying parent, such as homes or vehicles.

For more serious cases of non-payment, a contempt of court action may be filed, leading to fines or even jail time for the non-custodial parent. While jail is often a last resort, it’s important to know that Georgia courts take child support seriously and have a wide range of tools to ensure compliance.

What NOT to Do

While it can be incredibly frustrating when child support payments stop, it's crucial not to take matters into your own hands. Specifically, never withhold visitation rights as a way to pressure the non-custodial parent into paying. In Georgia, child support and visitation are treated as separate legal matters, and violating a court-ordered visitation agreement can lead to serious legal consequences for you.

Instead, follow the legal routes for enforcement, whether through DCSS or the court system. By handling the situation legally and professionally, you’ll be far more likely to resolve the issue without creating additional complications.

Final Thoughts on What to Do If You’re Not Getting the Child Support You’re Owed

Taking action when you are not receiving child support is crucial to protect your child’s financial well-being. In Georgia, you have multiple legal avenues, from wage garnishment to license suspensions, to ensure payments are made. Remember, seeking professional legal help and utilizing state resources can make a significant difference in resolving these issues efficiently and effectively.

4 Tips for an Amicable Divorce In Atlanta

Thu, 15 Dec 2022 02:05:52 GMT

Going through a divorce can be challenging, both on an emotional and practical level. Dividing your assets, confronting the idea of living on your own again, and many more hurdles can make the process seem overwhelming. At The Fairell Firm in Metro Atlanta, we’re committed to helping ease the burden of your divorce. Today, we’re sharing four popular tips that you can use to help encourage an amicable separation.

Focus On What Matters

Even as you begin to draw away from your spouse, focusing on the remaining points of commonality can help you avoid conflict. If the two of you have a child, think about how you’re doing this because you both want what’s best for them. Whether it’s a child, a pet, or anything else, focusing on these shared aspects can help promote a productive divorce.

Maintain Communication

Although it may be difficult, try to keep an open line of communication with your spouse throughout the divorce process. This will make it easier to compromise and negotiate on different aspects of the divorce, allowing the legal proceedings to go more smoothly.

Prepare for the Divorce Process

Even when a divorce is amicable, the legal process behind a divorce can be difficult, time-consuming, and stressful. Being prepared can help make the process easier, so it’s important to have things like your financial records on hand. To learn more about what you can do to prepare, contact one of our divorce attorneys in Metro Atlanta today.

Visit a Local Divorce Attorney

A trusted divorce attorney , such as the ones at The Fairell Firm, can help you communicate with your spouse to complete your divorce in an amicable fashion. We can make sure your treatment is fair and equitable, and that your rights are protected.

If you’re facing a divorce in Georgia, The Fairell Firm is here to help. We offer legal counsel for divorce , child custody , and child support payments , so visit our office in Atlanta today.

How To Co-Parent Amicably

Wed, 23 Nov 2022 02:22:47 GMT

When it comes to child custody following a divorce, one of the biggest challenges can be how to co-parent with your ex-spouse. At The Fairell Firm in Atlanta, our custody attorneys can help with your legal needs regarding the welfare and safety of your children. In this post, we will look at a few ways you can co-parent amicably and successfully with your ex-spouse, regardless of the custody situation.

Let Go of the Idea of Equal Time

While it may seem ideal to split the time equally between both parents, it can be difficult to put this theory into practice. There will be instances when your children spend time with you and more time with your ex-spouse. If you try to make everything equal, you, your ex-spouse, and your children will likely end up frustrated.

Put the Child First

It is imperative to put the child first in co-parenting situations. The child’s needs are of the utmost importance, and their safety and security are paramount, regardless of who they are with at any given time. It’s good to speak with your ex-spouse on living situations, nutrition, and other basics that ensure your child is taken care of at all times.

Make Sure Partners Are Included

One of the biggest challenges to co-parenting can be how and when to include your new partner or the partner of your ex-spouse. Since your children will be spending time around these partners, it’s important to include them in your co-parenting responsibilities.

Prioritize Gratitude

Above all, make sure to prioritize gratitude when co-parenting. Thank your ex-spouse for dropping the children off on time or for taking them to a doctor’s appointment. Gratitude can have a significant effect on your attitude, making co-parenting much easier.

If you need to speak with a child custody attorney in Atlanta, please contact our firm by using the button below. We can provide you with experienced legal counsel and guidance.

4 Things You Should Always Tell Your Divorce Attorney

Fri, 16 Sep 2022 15:16:33 GMT

Going through a divorce tends to bring out the worst in people. If you are worried about something negative about you coming out during divorce proceedings, it’s best to assume that it will. That is why it is so important to be open and honest with your divorce attorney from your initial consultation through the day your case is resolved.

If you are looking for a divorce attorney in Atlanta , you need to get in touch with The Fairell Firm. Our experienced divorce lawyers will do everything in their power to achieve the best outcome in your case. Keep reading to learn four things you should always tell your divorce attorney, and contact The Fairell Firm today to schedule a consultation!

1. You Are Having an Affair

Yes, even if your spouse doesn’t know about your affair, you should still tell your divorce attorney about it. During the discovery process, your spouse’s lawyer may hire private investigators, and they can always sniff out an affair. Unless your divorce attorney knows about your affair in advance, they will be at a distinct disadvantage when that information is entered into the proceedings.

2. You Have a History With DCPP

If you have been involved with the Department of Child Protection and Permanency (DCPP) at any time, you should disclose that to your divorce lawyer as soon as possible. Even if your case with DCP&P was resolved favorably, you don’t want the opposing attorney to have the opportunity to make it look like you were hiding it from the courts.

3. Debts & Hidden Assets

Ask any divorce attorney and they will tell you this: never hide money, property, or debts from your lawyer. No matter how hidden you believe this information to be, attorneys have the resources to uncover this information during discovery, and you don’t want your counsel to be blindsided.

4. There Is Domestic Abuse in the Relationship

Any instances of domestic abuse will have a significant impact on your divorce attorney’s defense and the direction of the court proceedings. If there is or has been domestic abuse in your relationship, be upfront about it with your lawyer.

With an experienced divorce attorney by your side, you can avoid common divorce pitfalls and achieve the best outcome for your interests. Get in touch with our divorce attorneys in Atlanta to schedule a consultation!

Learn More

What Judges Look For in Child Custody Cases: 4+ Factors You Should Know

Wed, 30 Mar 2022 15:15:11 GMT

If you are going through a child custody case, it is important to understand the factors that judges commonly look for. There are many things that judges consider when making their decision, and each case is different. However, there are some common factors that come into play in almost every child custody case. In this blog post, we will discuss four of the most important factors that judges take into account. If you need a child custody lawyer that understands the system on a very deep level, contact The Fairell Firm in Atlanta.

The Child’s Best Interest

The first factor that judges commonly look at is the child’s best interest . This is the most important consideration in any child custody case and most of the other factors that they look at are under this umbrella. Because a divorce can be difficult on children, judges want to do everything they can to limit the stress that a custody battle can place on a child.

A child’s age is another big factor in custody decisions, as it affects their developmental needs and the type of care required. For instance, very young children in the sensorimotor or preoperational stages (typically ages 0-7) often need stability and continuous presence from their main caregiver, which can influence the court’s decision. For older children who are in the concrete operational stage, judges may also consider their preferences and decision-making power if deemed mature enough.

How The Child Has Been Treated

Another important factor that judges often consider is whether one parent has been abusive or neglectful towards the child. If there is evidence that one parent has abused or neglected the child, they are much less likely to gain custody of their child.

Who Has Done The Majority Of The Parenting

Another factor that judges often take into account is which parent has been more involved in raising the child. Judges typically prefer to award custody to the parent who has been more involved in the child’s life. This includes things like taking the child to school, doctor’s appointments, and extracurricular activities. By awarding custody to the parent who is already most involved in the child’s life, they are helping to maintain as much of a routine as possible during a potentially chaotic time.

The Stability Of Both Home Environments

Finally, judges often consider the stability of each parent’s home environme nt. They will look at things like whether each parent has a stable job and a place to live. Judges typically pr efer to award custody to the parent who can provide a more stable home environment for the child.

Additional Considerations

Impact of Parental Conduct on Custody Decisions

Judges closely examine each parent’s conduct, both past and present, when making custody decisions. Issues like substance abuse, criminal history, or any involvement in domestic violence can heavily influence the court’s ruling. These factors raise serious concerns about a parent’s ability to provide a safe environment for the child. If there is a history of substance abuse, for instance, the court may limit custody or require supervised visitation to ensure the child’s safety.

In addition to safety concerns, judges also observe how each parent behaves toward the other. Demonstrating respect and avoiding disparaging comments about your co-parent can work in your favor. Conversely, parents who undermine the child’s relationship with the other parent risk a negative impression in court. The judge wants to see that you’re capable of encouraging a healthy, cooperative dynamic, which ultimately serves the child’s emotional well-being. Focusing on respectful co-parenting and responsible behavior is key to securing a positive custody outcome.

Well-Being of the Parents

Judges consider the physical and mental well-being of each parent since it directly impacts their ability to provide a stable, nurturing environment. A parent’s overall health, including any untreated health problems or disabilities, plays a role in determining custody, particularly when these factors may affect child development awareness or supportive parenting. It’s also important for parents to demonstrate access to necessary health care and a stable financial situation to ensure they can maintain a healthy lifestyle.

Moral fitness and positive relationships within the family are also indicators of a parent’s capacity to serve as a role model. Family support systems further bolster a parent’s ability to provide consistent, nurturing care without compromising their own health.

Location of Child’s Siblings

In custody cases, judges often consider the location of a child’s siblings, as maintaining sibling bonds is crucial to the child’s emotional well-being. Keeping siblings together is generally favored, especially if they share a strong relationship that supports each other’s growth and resilience. However, in cases where older children or siblings experience difficulty getting along—perhaps due to bullying or a strained dynamic—the court may explore separate custody arrangements to ensure the safety of a child.

The court may also consult with a mental health professional, such as a psychologist, to evaluate the sibling relationships and how they impact the children’s best interests . Judges look to create custody agreements that preserve positive relationships among siblings while fostering a nurturing environment.

Role of Evidence in Custody Cases

In custody cases, evidence is crucial in demonstrating your fitness as a parent. Judges look for clear documentation that showcases your active role in your child’s life. This might include keeping a parenting journal where you record caregiving tasks, like school pickups, medical appointments, and extracurricular activities. These records provide a tangible way to illustrate your commitment and involvement.

Witness testimony from family members, teachers, or therapists can support your case by offering firsthand insights into your parenting. Financial records, such as receipts for child-related expenses, are also helpful in showing your contributions to your child’s well-being. When gathering evidence, be sure to organize it meticulously and present it in a way that is easy for the judge to review. Solid documentation not only strengthens your case but also shows the court your dedication to providing a stable and supportive environment for your child.

Uncontested Vs. Contested Divorce: What's The Difference?

websites@8am.com (Professional Websites) — Sat, 19 Mar 2022 08:26:01 GMT

When filing for divorce, the process and details of proceedings can be confusing and distressing. However, one of the many important things to remember when you’re filing is how to make the process easier and less stressful for both parties involved. Because we want to make your experience as smooth as possible, we’ve put together a short guide on what the difference is between a contested and uncontested divorce.

Uncontested

Contested

Easier Processes

Filing The Fairell Firm

At The Fairell Firm, our goal is to help you navigate the difficult process of divorce, and to help you through proceedings of either a contested or uncontested divorce. No matter what outcomes you’re looking for from your divorce, our team is ready and willing to fight for you. Reach out to our team of experienced divorce attorneys today to schedule a consultation or to ask any questions about filing for divorce.

Does It Matter Who Files For Divorce First In Georgia?

websites@8am.com (Professional Websites) — Thu, 17 Mar 2022 15:55:41 GMT

If you’re struggling with your marriage and you think that it’s time to file for divorce , you likely have a lot of questions about the process. First and foremost is figuring out the best steps to get the process started.

You might also be wondering if there’s an advantage to filing for divorce first. As a family lawyer, I can tell you that while being the first to file won’t necessarily change the outcome, it can give you a measure of control and allow you to plan strategically. Still, it’s important to note that the person who does not file has the opportunity to respond and file a counterclaim stating their reasons for divorce.

Filing for divorce initiates the process, signaling to the court and your spouse that you’re ready to move forward. Understanding the potential benefits and how they apply to your unique circumstances is crucial, which is why I always recommend seeking personalized legal guidance from a trusted attorney.

Potential Strategic Benefits of Filing First

Filing for divorce first can provide some strategic advantages. One key benefit is the choice of venue. In Georgia, you file in the county where the respondent (the other spouse) lives, and in certain situations, venue may be proper in the county where the filing spouse lives if the other spouse is not a Georgia resident. Because venue rules include specific exceptions and procedural requirements, it’s important to confirm the proper county before filing rather than assuming you have unrestricted choice.

Additionally, the spouse who files first presents their case first in court. This gives you the opportunity to set the narrative and put your position forward right from the start. While these might seem like small details, they can add up, particularly if there are contentious issues at play. And, let’s not overlook that filing first gives you a head start on gathering important documents and lining up resources to support your case effectively.

Let’s take a closer look at some of the benefits of filing first in Georgia.

Control of Timeline

You Get Full Choice of Attorney

Protection Against Moving Assets

Impact on Child Custody and Support Arrangements

Emotional and Timing Considerations

Filing first for divorce doesn’t just affect the legal proceedings; it also offers control over the emotional and timing aspects. Divorce can be a whirlwind of emotions, and being the one to initiate gives you a chance to manage your emotions carefully. This proactive step can prevent rash decisions that might negatively impact the outcome. It also allows you to control the timing, enabling you to choose when to interview professionals and seek support tailored to your needs. If you have children, filing first can help you plan more effectively for their well-being, reducing the likelihood of emotionally driven counterclaims from your spouse.

This approach gives you time to gather your thoughts, address your emotions, and prepare for what’s ahead. Having a clear sense of timing helps you manage both the emotional challenges and the court’s demands, guiding you towards a more balanced and thoughtful approach to your divorce.

Legal Advice and Representation

Navigating the complexities of filing for divorce first in Georgia requires skilled legal counsel to ensure your rights are fully protected. Working with an experienced divorce attorney, like those here at the Fairell Firm, can make a huge difference, especially if you’re facing a contested divorce or dealing with intricate issues like alimony , marital property, or fault-based grounds. A knowledgeable divorce lawyer can guide you through the divorce process, helping you understand how Georgia’s divorce laws affect your case and outlining potential outcomes.

Having strong representation in your corner allows you to make informed decisions with confidence. Family law lawyers not only handle the legal intricacies but also collaborate with other professionals, such as therapists, to support your emotional well-being. Remember, your attorney’s role is to advocate for your interests at every step, helping you prepare for the complexities that arise during divorce proceedings.

Myths and Misconceptions About Filing First

A common misconception I encounter is that filing first guarantees a favorable outcome. While there are strategic advantages, being the first to file doesn’t automatically mean you’ll win the case. Each divorce is unique, and the court considers many factors beyond who filed first. Another myth is that filing first offers financial gains. While it does allow you to take steps to protect assets and request temporary orders, it doesn’t entitle you to more than your fair share. Ultimately, the value lies in preparation and knowledge—not the filing order.

Learn More From The Fairell Law Firm in Atlanta

Choosing to file for divorce can be a stressful and painful decision to make, but doing it in the right way, and choosing to file before your spouse does can be beneficial to you and your desired outcome in the long run. If you’re getting ready to file for divorce in Georgia, contact The Fairell Firm for representation and help with this process. Learn more about our legal services for divorce and reach out to schedule a consultation today.

How Child Support Is Determined

websites@8am.com (Professional Websites) — Mon, 14 Mar 2022 17:31:52 GMT

At The Fairell Firm, we specialize in family law and our esteemed Atlanta child support lawyers can help you through the complex child support process. When it comes to child support, the State of Georgia takes a very firm stance. Both parents are responsible for providing for their minor child and shouldering the associated costs. This responsibility usually falls on the non-custodial parent, who pays the custodial parent on a monthly or bi-weekly basis. The purpose of child support payments is to help defray some of the expenses associated with raising a child, such as food, clothing, and housing costs. Payments usually continue until the child turns 18 years old or their high school graduation, whichever comes first. Continue reading to learn the key components judges consider when determining the amount of child support .

Income of Both Parents

Number of Children Involved

Expenses Associated with Raising the Child or Children

Current Child Custody Arrangement

If you're going through a separation or divorce and need to establish or modify child support payments, it's important to seek professional help from an experienced metro Atlanta child support lawyer. Our Atlanta child support attorneys at Fairell Firm can make the process simple and easy to understand while ensuring that your parental obligations are taken into account. Call us today for a consultation helping with your specific case!

Divorce and the Holidays

websites@8am.com (Professional Websites) — Sun, 24 Oct 2021 19:14:29 GMT

Getting through the holidays when you’re in the middle of a divorce can feel overwhelming or daunting — especially when you have to field questions from friends and family about your separation. Work with our team of divorce lawyers at The Fairell Firm in Atlanta and learn more about how you can handle the holidays.

Stay Positive

Create New Traditions

Find Stress Relief

Start Planning Early

What Is Evidence Preservation?

Tue, 01 Jun 2021 07:00:00 GMT

Truck accidents are among the most serious accidents that occur on the road. Trucks can weigh up to 30 times more than a standard passenger vehicle, making even a minor collision much more likely to lead to catastrophic injury, or even death.

In the wake of a truck accident, evidence regarding the circumstances that led to the crash can provide a personal injury attorney with vital information, but the evidence they need may not be permanently available. In fact, if a truck accident attorney doesn’t act quickly, they may lose the evidence they need to secure compensation for an injured victim.

Below, we’ll discuss the importance of evidence preservation in more detail and explain a few things an attorney will look for when pursuing compensation in a case. If you have any questions or would like to speak to an experienced Atlanta truck accident attorney , contact The Fairell Firm to schedule a consultation.

What Counts as Evidence?

In any personal injury case, an injured victim (or their attorney) will need to prove that another party’s negligence, recklessness, or malicious intent caused them to suffer the losses they sustained in the accident. Truck accidents are often complex due to the fact that the fault may lie with another party, or even several. If a defective part, poor maintenance, and reckless driving all played a role in a crash, for instance, the set of evidence required to prove the claim will be more extensive than the evidence required to prove that a driver was simply negligent.

In other words, there’s no one-size-fits-all answer to this question because truck accidents are often complex and require thorough investigation. That said, the following items are commonly gathered as evidence in truck accident cases:

How Does a Truck Accident Attorney Gather Evidence?

Truck accident attorneys begin gathering evidence immediately after an injured victim has decided to work with them. This is because although the sources of possible evidence are numerous, trucking companies have access to highly experienced legal experts who will begin mounting a defense within moments of being notified that a crash occurred. In fact, some companies have dispatch teams that can be on the scene before first responders.

These legal teams aren’t just dedicated to mounting a defense on behalf of the trucking company — their job is to go on offense and take evidence off the table as soon as possible. This may mean erasing data, sealing documents, and exploiting other regulatory loopholes to keep victims from pursuing compensation.

Truck accident attorneys fighting for victims aren’t without options, though. They can file formal written notices known as preservation letters to make sure that evidence isn’t erased or destroyed as the case is investigated. If a company violates a notice, they could risk being penalized in court or losing the case altogether. The sooner an attorney can file preservation letters after an accident has occurred, the sooner they can begin working to secure compensation.

What Else Should an Injured Victim Know About Evidence in Truck Accident Cases?

Evidence about the accident isn’t the only evidence that could be relevant in a case. Information about how the accident has affected them personally, financially, and emotionally can all be used by a personal injury attorney as they work toward a fair and just settlement. Keeping a journal about your experience after the crash is often a valuable way to help your attorney draw connections between the accident and the outcome.

Evidence is also a two-way street. It’s important to be completely honest with your attorney about everything you did and experienced leading up to the crash, even if you think it might put you at fault. You can never be certain of the circumstances that caused a crash to occur, and it’s always best for your attorney to have all of the relevant details ahead of time so that they aren’t surprised in court.

Contact an Experienced Truck Accident Attorney in Atlanta

We hope this post will help you understand the importance of evidence in a truck accident case. If you have additional questions about what might count as evidence in a truck accident case, the best place to start is to contact an experienced personal injury attorney specializing in truck accidents.

The attorneys at The Fairell Firm are all highly competent and experienced with truck accident cases , and we’re here to fight on your behalf for fair and just compensation for your injuries. Contact our office today to schedule a consultation.

Divorcing Post-COVID? Here’s What You Need to Know

Mon, 31 May 2021 07:00:00 GMT

With vaccinations readily available and much of the United States beginning to reopen after more than a year of being shut down to COVID-19, many people are finding themselves ready for a fresh start in their personal lives. Spending more time at home than usual turned cracks into irreparable rifts in relationships, leading many couples ready to divorce as the world returns to some sense of normalcy.

If this applies to your circumstances, there are a few things you can do in order to minimize complications and increase your likelihood of a favorable outcome. As you’ll learn in more detail, contacting an experienced divorce attorney for help is one of the best ways to make sure that everything is in order so that you can turn the page and begin a new chapter of your life.

The family law attorneys at The Fairell Firm in Atlanta provide dedicated assistance for divorce , child custody , child support , and many other areas of family law. Contact our office to schedule a consultation, and read on to learn more about how you can get prepared for divorce in the next several months.

Consider Your Finances

Money is often the source of marital issues, and unfortunately, it’s something that needs to be considered as you make the decision to proceed with the divorce. You need to consider whether you can afford to live in your current home without your spouse’s income, how you will support your children, and how stable your current job is. COVID-19 and the subsequent reduction in hours, layoffs, and other forms of financial fallout have probably affected you in one way or another, so make sure that you thoroughly understand your current financial situation and what it will look like after your divorce.

Work to Create a Shared Parenting Plan

If you and your spouse have children together, then you will need to make sure that you’ve created a parenting plan to which you can both agree. Much of the workforce will be returning to offices and physical workplaces instead of working remotely, meaning that you’ll need to determine whether and if you will need to invest in child care, or if you can agree to share custody in a way that works around both schedules. In Georgia, the law does not favor one parent over another when it comes to child custody, so make sure that you’ve accounted for this as you create your plan.

Consider Visitation Issues

Although many establishments are reopening and many people are feeling safer and more confident as coworkers, friends, and family members receive vaccines, COVID-19 will be present in society for the foreseeable future. Some divorced parents have attempted to use COVID-19 as an excuse to deny visitation, but the State of Georgia has ruled that parenting schedules need to remain the same. If you encounter this issue, you may want to consider contacting a family law attorney for advice and taking legal action if necessary.

Don’t Expect It to Happen Overnight

After more than a year of stress, anxiety, and hardship, the last thing anyone wants is to spend more time than necessary in a relationship or living situation that doesn’t align with their needs and values. Unfortunately, the fact that the courts were closed for several months means that the divorce process — even in less complex situations — is likely to take longer than normal. This means that you will need to work with your spouse and/or your divorce attorney to create an arrangement that protects your interests and doesn’t put undue stress on your family.

Working With a Divorce Attorney Can Make It Easier

2020 and much of 2021 have been incredibly taxing in ways that affect every family differently. At The Fairell Firm , we have worked tirelessly to help individuals and their families navigate the challenges and complexities caused by COVID-19, especially when it comes to divorce and child custody.

If you’re considering divorce or have already made the decision, it’s important to contact a divorce attorney who can help you understand your options. If you choose to work with us, you can expect dedicated support and representation that puts your interests first.

Contact our office or give us a call to schedule a consultation.

Divorcing? Here’s How to Spot Hidden Asset Red Flags

Sat, 29 May 2021 13:32:00 GMT

No matter how long you’ve been together or how emotional your circumstances have become, there’s nothing easy about making the decision to divorce your partner and put yourself on the path toward a new life. In the midst of the emotional turmoil many people experience due to the significant life changes involved in a divorce, many people often find themselves concerned about what their financial life will look like when the dust settles.

If you and your spouse have combined your finances, you shouldn’t assume that the division will be equitable. In fact, it may be anything but. In a 2011 study released by The National Endowment for Financial Education (NEFE) , just short of one-third (31%) of people who had shared finances with their partner or spouse admitted that they had engaged in deceptive behavior. The behavior and actions took several forms, but three statistics stand out:

Keep in mind that these are not couples in the middle of breaking up or divorcing — these are couples supposedly supporting each other and happy (or at least satisfied enough to stay together) in their relationships. Given these statistics, it’s no surprise that many people go even further and try to hide even more assets from their partners when divorcing.

If you’re preparing for or are in the midst of a divorce, keep the following signs of asset-hiding in mind as you proceed. One of the best ways to protect yourself is to hire competent legal counsel, and at The Fairell Firm , our Atlanta divorce attorneys work tirelessly to protect our clients’ assets and work toward an outcome that serves their best interests. Contact us if you would like to schedule a consultation, and read on to get a better understanding of how a spouse could hide assets during your divorce.

Taxes

Tax returns tell a story and provide clear insight into a couple’s financial life. If one year isn’t complete or information has been omitted, that should serve as a red flag that there’s something your spouse doesn’t want you to know as you divorce. Maybe their investments paid significantly larger dividends than they have in the past, or perhaps they sold assets and are trying to protect the gains from the divorce. There’s also the possibility that more taxes than necessary were paid in an attempt to get them back as a refund in the next year. Any number of paths to financial deceit can be taken, and the bottom line is that it’s important to obtain a complete and accurate tax return that your divorce attorney can examine. If you aren’t sure whether the tax documents your spouse provided are accurate, you can always contact the IRS to verify the return.

Financial Statements

Complete and accurate financial statements are just as important as tax returns. They tell a similar story about your bank statements, credit cards, and other financial assets and should always be thoroughly reviewed instead of taken at face value. Some spouses go so far as to edit statements in an attempt to pass them off as original documents, so make sure that you’ve requested them directly from the company whenever possible.

Business Transactions

If your spouse owns a business, it’s important to have your divorce attorney request and review their financial information. It’s not at all uncommon for one spouse to funnel money away from shared accounts by paying non-existent employees, redirecting funds, fabricating expenses, and blurring the line between business expenses and personal expenses. Reviewing business expenses can become complicated, making it even more important to find an experienced divorce attorney who knows what to look for and will leave no stone unturned.

Online Payment Accounts

There are a number of different payment applications that allow you to store money in an off-the-radar account that can later be transferred to one spouse’s personal account. These accounts can be difficult to spot, but spouses and divorce attorneys can keep an eye out for transfers out of personal bank accounts, receipts from smartphone application stores, and in the browsing history on shared devices.

Cash

Cash is one of the most obvious ways a spouse can hide assets during a divorce. It’s easier to find than the other methods discussed in this post due to the fact that bank statements will show withdrawals, but finding it is often another story. Many spouses will go to great lengths to hide money in the home, often choosing lesser-used locations such as basements and crawl spaces to hide their money. If you discover cash while rummaging through storage or in a location you didn’t expect, there’s a good chance that cash isn’t the only asset that’s been hidden from you.

Non-Liquid Assets

One last way that spouses often hide assets is by purchasing non-liquid assets that can be sold fairly easily after the divorce for something close to the purchase price. The catch is that these items don’t often look valuable, making them less likely to be targeted when assets are divided. Jewelry, antiques, and artwork are three common categories that might be targeted through a concealed outflow of cash. If you notice that your spouse has suddenly taken up an interest in a hobby or items they never spoke about prior to the divorce, it’s worth bringing it to your divorce attorney’s attention for further investigation.

Contact an Atlanta Divorce Attorney

These are just a few of the most common ways in which a spouse might hide assets during a divorce. As a general rule of thumb, if something doesn’t seem right, make a note of it and discuss it with your attorney.

Money can make a difficult divorce even more mentally taxing, complicated, and emotional. Regardless of whether or not you suspect that your spouse is hiding assets from you, working with an experienced divorce attorney can provide you with confidence and peace of mind as you proceed and work toward the best possible outcome for your family.

At The Fairell Firm , we work tirelessly to protect our clients’ interests and resolve divorce cases as quickly as possible. We understand that this is likely one of the most difficult times in your life, and you can count on us to be there for you whenever you have questions or simply need support.

Call our office or fill out our online contact form to schedule a consultation with a divorce attorney who will put your needs first.

Should You Talk to the Trucking Company’s Attorney After an Accident?

Fri, 26 Mar 2021 07:00:00 GMT

Did you know that a fully loaded truck can weigh up to 80,000 pounds? Given that many truck accidents occur at speeds of up to 75 miles per hour, it’s not difficult to see why so many crash victims are often left with debilitating, lifelong injuries.

Following a truck accident — no matter how seriously you were injured — you will likely be contacted by someone from the trucking corporation asking you for a statement or “your side of the story.” Below, we’ll explain a few things you should know before saying anything on the record.

If you would like to speak to an Atlanta truck accident attorney who will put your needs first, contact Fairell Roy & Associates for a consultation.

How to Handle Correspondence With Insurance Companies

First and foremost, you should know that the trucking company’s insurer does not have your interests in mind, no matter how friendly and concerned they may come across. Their job is to protect the truck company’s bottom line and avoid being held at fault for the accident. If given the opportunity, they will pay you as little as possible, even if it means leaving you stuck with extraordinarily high medical bills and lifelong injuries.

Trucks are equipped with sensors that record everything and alert their lawyers and insurance team if an accident occurs. In some cases, the company’s accident response team may be on the scene of the accident at the same time that first responders arrive.

In addition to avoiding making verbal statements, you should also avoid signing anything that hasn’t been looked at by an attorney representing your interests. These forms may be presented to you in a way that makes you feel like you have to sign them, but you can simply say that you would like to speak to an attorney first.

What to Do Next

Seek Medical Care

Even if you did not have to go to the hospital following the accident, you should still seek medical attention. In many cases, “unseen” injuries such as concussions, organ damage, internal bleeding, and whiplash can all go unnoticed due to the adrenaline released during an accident. Delaying medical care only puts you at risk of more severe injuries, and every day you wait could diminish the weight of your injuries as evidence. If the insurance company can argue that your injuries were caused by something else after the accident, you could find yourself fighting an uphill battle for compensation.

Make sure that you document everything about your injuries, from the time it took to seek medical care to the actual cost of obtaining that care. If you suffer daily pain, you may want to keep a journal detailing your day-to-day experience. Medical records, receipts, and your personal experience can all become valuable forms of evidence as you pursue justice and compensation for your injuries.

Call a Truck Accident Attorney

It’s in your interest to contact a truck accident attorney as soon as possible to discuss your case. Be sure to find an attorney who specializes in truck accidents specifically; it might sound obvious, but car accidents and other forms of personal injury are very different from truck accidents. You should also look for one with a track record of success and fully transparent testimonials.

Working with a truck accident attorney will allow you to focus on your recovery instead of handling everything yourself, and it will also reduce your chances of inadvertently damaging your case.

At Fairell Roy & Associates , truck accident cases are one of our specialized areas of focus, and we’ve dedicated a wealth of resources to becoming one of the most well-known truck accident firms in the area. Our attorneys handle cases with tact and empathy while working tirelessly to investigate every aspect of your case and work toward fair and just compensation on your behalf.

If you would like to read what previous clients have had to say about working with us, we invite you to read through our testimonials . We believe that prospective clients deserve transparency, so please contact our firm for a consultation if you would like to discuss your case in more detail with a personal injury attorney. At the end of the day, our primary goal is to help you get back to living your life and put the accident behind you.

House Bill 96 Seeks to Establish a Presumption In Favor of Equal Parenting Time

Thu, 11 Feb 2021 20:39:00 GMT

In the coming weeks, a bill will be presented to the Georgia House of Representatives that could significantly change how family law matters are dealt with in the state of Georgia. In this post, we’ll explain what the proposed changes would entail and how they could benefit parents and children.

If you need to speak to an experienced family law attorney about child custody , child support , divorce , or another family law topic, contact the Fairell Firm, to schedule a consultation.

About House Bill 96

House Bill 96 will be presented in March and seeks to change a long-standing presumption pertaining to parenting time and custody.

Current Georgia law currently states that, in an instance in which there is a dispute regarding child custody, neither parent is automatically entitled to custody and nor is there a presumption in favor of a certain kind of custody. In other words, parents’ cases are blank slates until they’re brought to the court.

Lawmakers are seeking to change that through a proposal establishing the presumption a child’s interests are best served by completely or approximately equal time spent with both parents. The presumption could be challenged if one party isn’t fit, willing, or able to share in equal parenting time, but doing so would require clear and convincing evidence.

House Bill 96 also removes a clause stating that children over the age of 14 have the right to choose the parent they live with, as well as a clause stating that the interests of children between the ages of 11 and 14 could be considered by a judge when determining which parent will be granted custody.

If enacted, these changes could benefit families by reducing the friction that arises between parents as they seek to gain more time with their children. Moreover, the needs of children change as they age, and a parenting plan that doesn’t include equal parenting time may not be the best source of support for the child. A presumption in favor of equal parenting time provides children with the opportunity to benefit from the perspective and experience of each parent.

Next Steps

We’re incredibly excited about the possibility of House Bill 96 passing and will keep you updated.

If you have any additional questions about House Bill 96 or family law more generally, you can always come by one of our live Facebook Q&A sessions in which we answer questions from our direct messages and the public chat room. Be sure to check our blog in the coming weeks and months for additional updates.

If you need to get in touch with us regarding any matters pertaining to family law, contact our office for a consultation . We can help you with divorce proceedings, child custody, child support, and anything else your family may need.

Examining Georgia Divorce Statistics

Fri, 11 Dec 2020 07:00:00 GMT

You’ve probably heard that divorce rates are on the rise. It’s true — divorce rates are skyrocketing due to the upheaval caused by COVID-19, and experts speculate that they’ll only continue to rise.

But what about pre-COVID divorces? Were Georgians happier and more satisfied with their relationships before the pandemic? In this post, we’ll dig into recently published Georgia divorce statistics in order to provide you with a better understanding of how our state fits into the broader context of the country.

If you’re considering divorce, it’s important to have a skilled divorce attorney in your corner who will act as your advocate and help you protect your interests. Fairell Roy & Associates has helped countless people protect their assets through divorce and is here to help you, too. Contact our office to schedule a consultation, and read on to learn more about divorce in Georgia.

Georgia Divorce Statistics

Let’s start by clarifying one of the most common mistakes that’s made when looking at divorce statistics: 50% of marriages do not end in divorce. Although it’s true that divorce occurs at an approximately 2:1 ratio, there’s a subtle distinction that’s been elided over the years: The majority of these divorces are not occurring in the first year of marriage.

With that clarification made, let’s turn our attention to Georgia.

According to the National Statistics Office of Georgia, divorce among all ages and sexes tends to occur in the first and last years of marriage, and less in between. In both 2018 and 2019, for instance, divorce in the first four years of marriage was higher than any other category measured by researchers. Years 5–9, 10–14, and 15–19 all declined respectively; however, divorces after 20 years of marriage were almost just as common as divorces in years 10–14.

The data in recent years also reflect an interesting shift in how younger generations are thinking about marriage. In 2018 and 2019, men and women ages 20–24 comprised the second-lowest number of divorcees; the number of divorced men and women over the age of 60 was 10% higher.

And as for the causes of divorce? The reasons were varied and typically in line with the thirteen grounds for divorce in Georgia , which include:

Speak to an Atlanta Divorce Lawyer

We hope that this post has helped you to better understand some of the numbers relevant to the divorce rate in Georgia and the causes behind it.

If you would like to learn more about working with a divorce attorney from Fairell Roy & Associates, please contact our office to schedule a consultation. You can also follow us on Facebook , where we regularly host open Q&A sessions and allow viewers to ask questions through the public chat and through our private messages.

If you would like to learn more about how our family law firm can help you through your divorce, please see the following posts or look through the rest of our blog :

Examining Georgia Car Accident Statistics

Wed, 04 Nov 2020 00:39:00 GMT

Motor vehicle accidents are one of the leading causes of injury and death in the United States, and Georgia is no exception. While car accident deaths have declined in recent years, life-altering accidents are still far too common on our roads.

As part of the Fairell Firm’s commitment to making our community our safer place, this post will focus on some of the most recent car accident statistics in Georgia. After discussing the data, we’ll turn our attention toward the value of working with a personal injury attorney if you are injured or a loved one is wrongly killed while driving.

Contact our office if you need to speak with an Atlanta car accident attorney , and continue reading below to learn more about car accidents in Georgia.

Car Accidents in Georgia: Key Statistics

As we noted above, traffic deaths actually decreased by 2.3% from 2017 to 2018. According to the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System (FARS), 1,540 Georgia residents were killed on the road in 2017; the next year, that number dropped by 36 to 1,504. Although 36 fewer deaths may not seem like a large number in this context, keep in mind that 36 fewer loved ones experienced monumental losses.

Unfortunately, cell phones may be to blame for many of the accidents and fatalities that occur on the road. Pedestrian deaths all increased for three years in a row; in the last five years, pedestrian deaths have gone up by approximately 60%.

More research is still being gathered, but the positive trend in safety on the road could be due to Georgia’s Hands Free Law, which states that drivers cannot use their hands or any part of their body to support a cell phone. If they need to make a call on the road, they must do so by speakerphone, wireless headphones, an electronic watch, or another device that does not require the use of their hands.

Experts believe that, while additional measures are needed to prevent further passenger deaths, injuries and accidents caused by cell phones could drop in the coming years if drivers yield to them and they are enforced stringently.

The Importance of Contacting a Car Accident Attorney

If you or someone you know is affected by a car accident, it’s important to contact an experienced personal injury attorney for a consultation after the incident.

Even in minor accidents, you could find yourself experiencing lingering effects weeks or months later, and you don’t want to find yourself unable to handle the medical expenses in addition to the costs of the accident. In more serious cases in which you are catastrophically injured or a loved one is killed due to someone else’s negligence while driving, having a personal injury attorney in your corner could make the difference between being adequately compensated for your losses — both economic and non-economic — and the other party walking away unaccountable for their actions.

If you contact the Fairell Firm for a consultation after a car accident, you can count on us to thoroughly investigate the circumstances of your accident and work tirelessly on your behalf to bring the responsible party to justice. We understand that the weeks, months, and even years following an accident can be both trying and traumatic, and we’ll do everything we can to support you and your loved ones throughout the entire process.

For more information from our personal injury firm, follow us on Facebook and read through some of our other posts to learn more:

Wondering If You Should Work With a Personal Injury Attorney?
What You Should and Shouldn’t Do After a Car Accident
What to Look for in a Personal Injury Attorney
6 Tips for Emotional Wellness After a Personal Injury

5 Common Aspects of the Divorce Process

Tue, 20 Oct 2020 07:00:00 GMT

Making the decision to divorce is one that isn’t made lightly. It’s a decision that shouldn’t be made without full consideration of your options and a thorough understanding of the process, either. In this post, we’ll walk you through five common elements of the divorce process in Georgia.

Of course, every divorce case will differ slightly due to individual circumstances. If you would like to speak with an experienced Atlanta divorce attorney who will help you understand what to expect and put your needs first, contact Fairell Roy & Associates to schedule a consultation.

Five Things to Expect When Filing for Divorce

Meeting With a Divorce Attorney

Many people do not meet with a divorce attorney before filing, but we recommend starting here to get a better understanding of your options. You should also use this opportunity to determine if the attorney with whom you meet is a good fit for you, both personally and professionally. Divorce is often a stressful time in your life, and finding a competent, compassionate, and empathetic attorney can make a world of difference.

At Fairell Roy & Associates, we’ll explain the many ways in which we can help you and help you understand which of the following state-recognized grounds for divorce you qualify for:

Filing Paperwork

Filing divorce papers is the first official step in the process. If you choose to work with our family law firm, we’ll help you file a Complaint for Divorce form, which formally states the reason for your divorce and aspects of your case that you would like the court to address. Asset division, custody and child support, and spousal support are four common inclusions.

The decision to file for divorce before your spouse can come with a few benefits, including more time to prepare and a lower risk of your spouse concealing assets from you. Read our post about asset concealment to learn more.

Serving Your Forms

You will need to provide your spouse with a copy of the paperwork you obtained in the previous step. This is known as “serving,” and it provides your spouse with the information they need to respond to your request. They will have 30 to respond to your request.

Disclosing Finances

You will need to disclose your financial information before your assets can be evaluated and divided. Expect to catalog all of your assets, debts, expenses, and sources of income. You will also need to have information about when debt was incurred, which assets you owned before the marriage, and which assets were acquired or purchased during the marriage.

You can prepare for this part of the divorce process by obtaining:

A divorce attorney will help you determine which financial documents will be relevant in your case and help you gather the information you need.

Creating a Parenting Plan

Child custody and child support are two of the most difficult aspects of the divorce process. Ideally, you will work collaboratively with your spouse to come to an agreement about who gets custody and when, as well as how the costs of raising a child will be divided. However, it’s easy to get overwhelmed with emotions given the sensitive and high-stakes nature of these decisions, and many divorcing couples simply aren’t able to come to an agreement on their own. A divorce attorney can act as an objective third party and negotiate on your behalf, protecting you from damaging your base by acting on intense emotions in the heat of the moment.

Contact an Atlanta Divorce Attorney

As you can see from everything discussed in this post, filing for divorce entails so much more than simply filling out a few forms and moving out of your marital home. Divorce entails a significant amount of paperwork and coordination between you and your spouse, which may not be possible or emotionally healthy for you in your specific circumstances.

At Fairell Roy & Associates , we firmly believe that consulting with an experienced divorce attorney as soon as possible is always in your interests. We take the time to get to know our clients and their specific circumstances so that we can explain what to expect throughout the entire process. If you choose to work with us, you can count on constant support, prompt communication, and aggressive negotiation that puts your interests first.

Divorce is a significant change in your life, but the process doesn’t have to be an undue source of hardship on top of everything else you’re experiencing. Let our experienced team of family lawyers handle your case and fight for the fair and equitable resolution you deserve.

What Is Asset Concealment?

Mon, 19 Oct 2020 07:00:00 GMT

Financial issues are one of the leading causes of divorce across the United States, so it should come as no surprise that many people attempt to hide their financial assets from their partner in the divorce process. This is known as asset concealment and, in this post, we’re going to take a look at a few of the most common signs that your spouse is hiding assets.

If you’re considering filing for divorce or you’re currently in the process, hiring a divorce attorney can help you spot asset concealment and ensure that your interests are represented as you work toward a fair and equitable settlement. Contact the divorce attorneys at The Fairell Firm to learn more, and read on to learn more about property division and asset concealment in Georgia.

How Is Property Divided in Georgia?

Before we discuss the ways in which assets can be hidden, we need to discuss how property is divided under Georgia law.

Georgia law typically returns separate property to its original owner and focuses on the equitable distribution of shared assets that were purchased during the marriage. Separate property includes anything that was purchased prior to the marriage, but it does not include items that were purchased during the marriage under only one spouse’s name. In most cases, anything purchased or obtained during the marriage will be considered marital property.

Once you’ve determined separate and marital property, the latter will be divided according to a principle of equitable distribution. In contrast to equal distribution, equitable distribution could mean that one spouse receives 60% of the marital property, 30%, or whatever the court deems to be equitable for both parties.

Signs of Asset Concealment

It’s an unfortunate reality that many spouses attempt to alter the assets they receive by resorting to dishonest tactics. It’s even more unfortunate that because inventorying marital assets can be incredibly time-consuming, it often goes unnoticed.

Watch for these five red flags as you take stock of your assets:

Sudden Financial Hardship

Many spouses conveniently fall on hard times during their divorce. Divorce is a trying time in many people’s lives, to be sure, but significant stock losses or a sudden loss of income are both causes for concern. This is especially true if the spouse continues spending and living their life as they normally would.

Hidden Accounts

Hidden bank and credit card accounts can be difficult to find if you aren’t looking for them. However, that doesn’t mean that they’re impossible to find. In some cases, paper statements are sent to the shared residence and reveal hidden spending. In other cases, you may be able to discover hidden accounts by looking for recently purchased items that do not appear on shared or individual accounts, provided that you have access to both. If you don’t, you may be able to subpoena them with the help of a divorce attorney.

Strange Purchases

Is your spouse suddenly purchasing antique jewelry, art, and other odd items that they had no previous interest in purchasing? If so, they may be trying to lower their net worth by putting their money into items that can be appraised for a low price and then resold after the divorce.

Overpaying Taxes

If your spouse’s monthly income is suddenly reduced, overpaying the IRS may be to blame. In some divorces, one spouse will elect to have the IRS withhold a significant portion of their earnings and request a refund once the divorce has been finalized. Just as you may be able to subpoena bank records, you may be able to subpoena pay stubs and tax information with the help of a divorce attorney.

Transfers to Family and Friends

If you notice funds from your shared assets being transferred to accounts you don’t recognize, your spouse may be trying to offload your shared assets to a third party they trust. Although it may sound easy enough to spot, it may be done in small increments across numerous accounts that look perfectly routine.

Contact an Atlanta Divorce Attorney

We hope that this post will help you protect yourself from asset concealment in your divorce. We understand that these signs are not always straightforward to find on your own, and we invite you to contact The Fairell Firm if you would like to speak to an Atlanta divorce attorney about asset division in your divorce.

Types of Child Custody Explained

Fri, 16 Oct 2020 22:46:00 GMT

Divorcing your spouse can be complicated, especially if children are involved. The thought of losing your child can create a storm of intense emotions in both parents, leaving the child caught in an intense back-and-forth.

If you’re in the process of divorcing your spouse or are considering filing for divorce , it’s important to be educated about your options. In this post, we’ll take a look at two different types of child custody and explain more about child custody laws in Georgia.

If you need to speak with a family law attorney in Atlanta, contact The Fairell Firm to schedule a consultation. We work tirelessly on behalf of our clients and will do everything we can to protect your interests and work toward a favorable outcome in your case.

Child Custody in Georgia

Georgia awards two different types of child custody: physical custody and legal custody.

Physical custody is the kind of custody you are likely the most familiar with, as it determines which parent the child lives with. Legal custody, on the other hand, pertains to decisions that are made on the child’s behalf and often include medical treatments, where the child attends school, and the child’s religious upbringing.

Georgia also distinguishes between joint and sole custody. If the former is awarded, both parents will have equal rights and responsibilities. In most cases, parents will share both physical and legal custody and create an arrangement that works around their lifestyle. Children will often alternate between home on a schedule that works best for each household. If the latter is awarded, one parent will have sole physical custody and potentially legal custody, depending on the circumstances. If the court deems one parent unfit to share custody, both legal and physical custody may be awarded. However, courts around the United States are moving toward allowing both parents to share in their children’s lives by awarding sole physical custody to one parent, joint legal custody to both, and visitation rights to the non-custodial parent.

Child Custody for Unmarried Fathers

Under Georgia law, unmarried fathers do not have legal rights to their children unless they file a legitimation petition, which establishes a legal recognition of their fatherhood. Once this has been established, an unmarried father can pursue visitation and custody. The court will weigh a number of different factors when deciding whether to grant the petition, always keeping the child’s best interests at the forefront of the decision.

Weighing Your Options

As you begin the divorce process, it’s worth making an effort to work with your spouse to consider which form of custody will be best for your child. After all, the court will make a decision on your behalf if you can’t come to an agreement.

As you consider your options, keep in mind the pros and cons of joint and sole custody:

Joint Custody Pros

Joint Custody Cons

Contact an Atlanta Family Law Attorney

We hope that today’s post will be useful to you as you consider your options and seek a custody arrangement that puts your child’s interests first.

We understand that child custody is complex and often occurs during a difficult time of transition, so please reach out to The Fairell Firm if you would like to schedule a consultation. We also host regular live sessions on Facebook in which we answer viewer questions from the chat and our direct messages.

Above all else, we want to help you make the best possible decision for you, your family, and your child.

How to Support Your Child Through Divorce — Part II

Tue, 06 Oct 2020 07:00:00 GMT

There’s a lot to consider when you’re getting a divorce . The house, the car, your shared assets, and everything else you need to separate can quickly make the challenge of parting ways feel overwhelming. No matter what you’re splitting, though, it all pales in comparison to your child’s well-being.

The decision to get divorced isn’t one that’s made lightly, and now you’ve found yourself wondering how you can make sure that your child feels safe, supported, and stable as you work through the changes. In a previous post, we provided you with several tips that can help you make the divorce process easier on your child, particularly during the beginning stages in which you have to break the news to them. In today’s post, we’re going to continue discussing ways to support your child and help them cope with the ongoing changes in a healthy way.

If you’re considering getting a divorce, it’s best to start by talking about your options with an experienced divorce attorney. The Fairell Firm is currently offering virtual consultations and accepting new clients. Please get in touch with us if you would like to schedule a consultation, and continue reading to learn more about how to help your child through the process.

Five Tips for Helping Children Cope With Divorce

Revisit the Topic

Divorce is an ongoing process more than a single destination. As we mentioned in our last post, you might find that your child feels comfortable with and confident in the coming changes one day and uncertain, fearful, and apprehensive the next.

You don’t need to bring it up every day, but you should make a habit of regularly checking in with your child. Ask if they have any questions, see how they’re feeling, and reassure them that you’re always available to talk. They may not have many questions or concerns when you ask, but the simple act of asking will build their trust and confidence in you.

Provide Ongoing Reassurance and Stability

As we’ve seen with the upheaval to our lives due to COVID-19, it’s important to retain a sense of stability and normalcy in the midst of uncertainty and hardship, no matter how old you are. However, children feel much more safe and secure when they have an idea of what each day will look like. You might be going to and from court, viewing new homes, or checking out new schools in your free time, but do everything you can to provide your child with a stable environment that’s similar to what they knew before the divorce was initiated. Some of the things you can do to stay consistent include eating meals together, making time for evening walks, playing games, and helping them with their homework each night.

Maintain Your Own Mental Health

Divorce can be difficult with and without children, but caring for someone else’s emotional needs can be taxing while you’re trying to care for your own. If you find yourself feeling burned out, irritable, or emotionally drained, you need to take action before those feelings overwhelm you and prevent you from fully caring for your child.

Although everyone copes with divorce differently, some of the most productive ways to cope with divorce include:

Seek Professional Help

While the tips we’ve discussed in this series are intended to help you help your child through the divorce, keep in mind that you may need to contact a professional. It’s completely normal for children to feel a range of emotions as they adjust to the changes your family is going through. Anger, anxiety, and sadness can all take different forms and may manifest themselves in different ways over time. Monitor your child’s behavior and consider reaching out to a professional if their mental well-being doesn’t improve over time.

Contact an Atlanta Divorce Attorney

We hope that this two-part series will help you and your family as you navigate your divorce and work toward a happier life. We’ve written numerous topics about other aspects of divorce, so be sure to look through the rest of our blog if you’re interested in learning more from our family law firm.

If you have any questions that weren’t addressed in these posts, you can follow The Fairell Firm on Facebook via The Fairell Firm page and tune in for live Q&A sessions every week. We answer questions from the live chat and anonymously through our direct messages, so please feel free to stop by if you would like to learn more.

We are also accepting new clients via virtual appointments, so please contact our office if you would like to schedule a consultation with a divorce attorney. At The Fairell Firm, we’re committed to helping our clients through every step of the process, and you can trust that we’ll put your interests first as we work to achieve a favorable outcome in your divorce.

Dealing With Child Custody and Visitation During COVID-19

Thu, 27 Aug 2020 07:00:00 GMT

Maybe your child has been spending weekdays with you and weekends with your co-parent. Or perhaps you split time with your child a few weeks at a time. Whatever the case may be, when it comes to your child custody arrangement, the recent spread of COVID-19 has undoubtedly put a wrench in your normal routine. In today’s post from Fairell Roy & Associates , our family law attorneys will touch on some important things to consider when it comes to child custody arrangements and visitation in the midst of COVID-19.

If you need to speak with a family law attorney in Atlanta about your child custody issues, get in touch with Fairell Roy & Associates to schedule a consultation today. We are committed to helping you solve whatever issues you may be experiencing so that you can get back to living life as normal as possible during these troublesome times.

Keep Lines of Communication Open

The easiest way to navigate around your child custody arrangement during stay-at-home orders and social distancing is to keep an open line of communication with the other parent. If you have a less-than-ideal relationship with your child’s other parent, now is the time to do your best to remain amicable with one another for the sake of your child.

It’s important to consider each other’s environments and locations, as well as how the both of you are spending your time. If you’re unsure of how your co-parent is spending their time or if they are strictly adhering to social distancing guidelines, it’s important to voice those concerns for the sake of keeping your child safe and healthy.

Consider Mediation

If you and your child’s other parent struggle to find a custody or visitation arrangement that works for the both of you, it may be time to consider a mediation process to help you solve the problems. One of our family lawyers at Fairell Roy & Associates can help. Mediation is a great way to come to an agreement with the support and guidance of a family law attorney.

It can be hard to not let emotions get in the way of finding a solution for your child custody arrangement during a stressful time. It’s more than likely that the two of you have your child’s health, safety, and best interests in mind when it comes to moving around and relocating during a pandemic. Don’t let the stress of your situation overwhelm you. Our team at Fairell Roy & Associates in Atlanta can help. Call us today.

Legalities to Remember

As you’re navigating through the process of rearranging your child’s custody routine, remember that your legally-binding arrangement has certain terms set in place. Many family courts throughout the state and county are closed due to the virus, making it difficult to make any formal custody changes. You may be required to continue your regular custody or visitation routine even in the midst of the coronavirus pandemic.

If you’re unsure of how your county or state court is handling these issues, we can get those answers for you. Schedule a consultation with our family law attorneys at Fairell Roy & Associates today.

Remain Civil

It’s no surprise that parents all over the country will try to use the pandemic to their advantage when it comes to spending time with their children. At Fairell Roy & Associates, we advise our clients to remain civil rather than trying to use COVID-19 as a weapon formed to keep their children from seeing their other parent.

Always remember that when it comes to your child custody arrangement, the court ultimately has the final say, and if you are unlawfully keeping your child away from their co-parent, it can result in bigger problems in the future.

Turn to the Family Law Attorneys You Can Trust

There is no question that this entire custody situation can cause quite a headache during a time of global uncertainty and while many states and cities are completely shut down. Let our team help you get the answers that you’re looking for when it comes to figuring out your specific child custody arrangement in Atlanta. We will address your problems and concerns as our own, and work tirelessly to get you the support that you need. Get in touch with us today to schedule a consultation.

How Do PPP Loans Affect Child Support?

Wed, 26 Aug 2020 14:39:00 GMT

At the Fairell Firm, we’ve received a number of questions about child support, child custody, divorce, and other topics in family law that have been complicated by the COVID-19 pandemic. Many people who have received loans under the Paycheck Protection Program (PPP) are wondering how, and if, their loan will be considered a source of income that needs to be reported to the court and considered in their child support payments. In this post, we will provide our readers with a refresher on the Paycheck Protection Program and discuss how it relates to child support payments.

If you have any additional questions about the material discussed in this post, or if you need to speak with a family law attorney in Atlanta regarding child support, child custody, or filing for divorce, contact our firm to schedule a virtual consultation.

The PPP & Child Support Payments

The PPP is part of the $2 trillion Coronavirus Aid Relief & Economic Security (CARES) Act that was rolled out in early April. It is designed to support businesses with fewer than 500 employees maintain payroll and other operating costs, with some restrictions pertaining to certain industries.

If you’re a business owner who received money through the PPP, then you might be relieved to know that the loans supplied by the PPP do not count as income. To understand why, let’s look at a simplified model of how business owners typically make money from their operations.

Business owners typically have two revenue sources that are directly tied to the business: their paycheck and their net profits, or whatever’s left after paying employees, rent, and other operating expenses.

The loan supplied by the PPP doesn’t fit into either of these two categories — the business isn’t receiving any additional money as a form of revenue; it just has an extra reserve of funding from which it can draw to stay afloat.

However, as with all topics under the umbrella of family law, there are hypothetical situations in which an individual could manipulate their child support obligations.

Suppose, for instance, a business owner voluntarily eliminates their salary in order to cover the costs of running their business and secures a loan through the PPP. There is a chance that their child support calculations would be affected, as their income has technically been significantly reduced.

There is also the issue of loan forgiveness. As we discussed at the beginning of this post, forgiven loans are not considered to be taxable income. However, it could be argued that a business is still receiving some form of untaxed profit, which does need to be factored into the business owner’s ability to fulfill their child support obligations. After all, they are still receiving the same amount of income that they made prior to the pandemic; it’s just coming from a different source.

If your child support payments have been affected by the PPP, we recommend that you contact our office to speak with an experienced child support attorney who can evaluate your specific circumstances.

Speak With a Family Law Attorney In Atlanta

As you can see from reading today’s post, topics in the intersection of COVID-19 and family law can get extremely complicated. At the Fairell Firm, we are doing everything we can to help families navigate these unprecedented challenges and find a place of hope and stability.

If you would like to learn more about how you can support yourself and your family as we navigate COVID-19, we recommend that you read our other posts:

COVID-19, Custody, and Child Support
3 COVID-19 Co-Parenting Tips
Managing Stress During COVID-19
Helping Your Child Cope With COVID-19 — Part I
Helping Your Child Cope With COVID-19 — Part II
Divorce Rates Expected to Soar Following COVID-19 Quarantine
Caring for Yourself as You Divorce During COVID-19

We post new resources on a regular basis, so please check back often if you found these posts helpful.

If you would like to engage with us on social media, we recommend that you follow us on Facebook . We hold live sessions throughout the week to answer viewer questions, so be sure to follow us and participate in our discussions if you have specific questions you would like us to address.

If you need an Atlanta family law attorney to help you with child support , child custody , divorce , or another situation, we invite you to reach out to our family law firm for a consultation.

Helping Your Child Cope With COVID-19 — Part II

Mon, 01 Jun 2020 07:00:00 GMT

Between losing economic security, learning how to homeschool, and staying home more often than not, families across the country are learning to face new challenges every day.

In a previous post , we provided you with a few tips for helping your child adjust to the new “normal” and cope with the many hardships brought on by COVID-19. We discussed the importance of staying calm, how to explain social distancing, why routines matter, and how to pivot to positivity in the midst of uncertainty. In today’s post, we’re going to take the conversation a step further and give you easy-to-implement tips you can use to help your child cope in the coming weeks and months.

The Fairell Firm ’s family law attorneys are here to help you and your family through this time. If you would like to speak to someone about filing for divorce , child custody , or child support , please reach out to our office for a virtual consultation. We are also going live on Facebook several times each week for Q&A sessions and provide the opportunity for viewers to ask anonymous questions.

Limit Screen Time

Many parents have noticed an increase in their children’s screen time due to activities being canceled and postponed. You might even be watching more television and scrolling through social media more often yourself.

While it can be easy to let your child use their phone, tablet, computer, or television for longer than normal because you’re working from home or aren’t sure how to entertain them, you should still set reasonable limits.

You should also monitor what your child is doing during their allotted screen time. Some activities, like spending hours on social media, can be more damaging to your child’s psychological health than watching a few hours of Netflix. In fact, many studies show that continuous exposure to negative media and anxiety-providing updates can actually cause traumatic responses in children and adults. Moreover, many news outlets gear their stories toward adults and may be particularly confusing or disturbing to young viewers.

Make Time to Talk

Coping isn’t a destination. It’s a process. It’s an ongoing process that takes time, and you should make time each week to ask your child how they’re feeling. If they don’t have anything to share, that’s fine. If they’re curious about recent developments, give them as much information as you can without going into graphic detail. Above all else, allowing your child to steer the conversation gives them a sense of control in a time when almost everything is out of our control. This, in turn, can reduce anxiety and help them stay forward-thinking.

Watch Their Mental Health

While all of the tips we’ve discussed can make a significant difference in how your child responds to the changes in their life, some children may be more negatively affected than others. Some of the signs you should watch for include:

Please note that this list is not exhaustive. Stress, depression, and trauma manifest differently in everyone. You know your child better than anyone else, and they may exhibit other kinds of behavioral changes as they try to process what’s happening.

If you notice these symptoms or a significant change in your child’s behavior for more than two weeks, consider reaching out to a professional for advice. Many doctors and mental health professionals are offering telehealth appointments at reduced rates.

Contact a Family Law Attorney If You Need Assistance

We hope that this two-part series will help you and your household through this difficult time. We regularly post on The Fairell Firm blog page , and we recommend bookmarking the site to keep up with all of the latest information.

As we noted at the beginning of this post, we are currently going live on Facebook several times each week to answer your questions about topics such as child support , custody , and divorce in the midst of the societal changes caused by COVID-19.

If you need to speak directly to a family law attorney about your circumstances, get in touch with us for a consultation.

Helping Your Child Cope With COVID-19 — Part I

Fri, 29 May 2020 07:00:00 GMT

Households across the nation are learning to cope with the all-encompassing changes and anxieties brought on by COVID-19. In addition to economic hardship, concern about your own health, and uncertainty about the future, you may be facing the challenge of explaining the current situation to your child and helping them through the immense changes they’ve experienced. Today’s post features a few different ways in which you can talk to your child and help them cope with our current circumstances.

At The Fairell Firm , we understand that this is an incredibly difficult time for many of our readers. We are regularly hosting live Q&A sessions on our Facebook page throughout the week and would be happy to help you in any way we can. If you would like to speak to a family law attorney regarding divorce , child support , or child custody, please get in touch with our office to schedule a virtual consultation.

Five Ways to Help Your Child

Stay Calm

First and foremost, do your best to remain calm and level-headed around your child. If you’re scared, they’ll feel scared, too. It’s perfectly fine to feel fear, anxiety, and other negative emotions, but your child will follow your example. Lead by example and maintain a calm demeanor as much as possible, especially when discussing anything relating to COVID-19.

Explain the Importance of Social Distancing

Depending on your child’s age, they may not fully understand why they haven’t been able to see their friends or participate in group activities. Start by explaining that they aren’t being punished and that this won’t last forever. Tell them that your family is closely following recommendations set by doctors at the CDC, which means staying away from other people as much as possible.

Many children will feel sad and frustrated that they can’t see their friends, even if they understand why it’s happening. It can be tempting to immediately shift your focus to something more positive, but you should first let them know that their feelings are valid and understandable. This is a time of immense hardship and difficulty for people of all ages, and that shouldn’t be overshadowed by well-intentioned conversation changes. Acknowledging your child’s feelings first will build trust and confidence, allowing you to eventually pivot to positivity without glossing over how they feel.

Keep a Routine

As we discussed in one of our previous posts, maintaining a routine is one of the best ways to keep yourself physically and emotionally well. Keep bedtime the same, don’t let junk food become the norm, and make it clear that although things are different, your household expectations remain the same. If your child is used to getting their physical activity during the school day, make time for socially distanced walks at some point during the day.

Focus on the Positive

As we noted above, you don’t have to be overly positive right now — accepting that there’s hardship in your life and in the lives of others is an important part of coping with our circumstances.

That said, focusing on positive aspects of your current situation can go a long way toward helping you and your child maintain good mental health. For instance, when was the last time you had this much time together? Now is a perfect time to play board games, watch movies, and do everything else that you’re normally too busy to do.

Talk to the Other Parent

All of these tips are fantastic ways to help your child cope, but they won’t work as well if you share custody and the other parent isn’t on board.

As you find ways to work these tips into your life, talk with the other parent and see if you can find a way to keep the communication as consistent as possible between visits. The more stability your child has in their life, the better they’ll be able to cope and recover from the changes.

If you and the other parent aren’t on good terms, you may need the help of a family law attorney. The attorneys at The Fairell Firm have kept up with all of the latest developments relating to COVID-19 and family law, and we’re here to help you and your family get through this.

Call or email our office for a no-risk virtual consultation to discuss your needs.

3 COVID-19 Co-Parenting Tips

Wed, 20 May 2020 13:31:00 GMT

There’s nothing easy about co-parenting. Scheduling, animosity, and parenting styles are all sources of stress in divorced parents’ lives or parents that were never married, and COVID-19 has brought a host of additional issues into play.

At the Fairell Firm , we understand that many people are unsure of how to comply with court orders and other aspects of co-parenting in the midst of COVID-19. Today’s post is dedicated to providing you with a few easy-to-implement tips. We know that this is only scratching the surface, so we also recommend following our Facebook page and looking through our recent videos. We are regularly doing live Q&A sessions throughout the week and would be happy to answer any questions you may have about co-parenting in the live chat or through direct messaging if you prefer to remain anonymous.

You can also contact our office if you would like to speak with an experienced family law attorney. We are currently taking new clients and offer no-risk virtual consultations for $150.00.

Rely on Trustworthy Sources

First and foremost, you and the other parent need to come to an agreement about the information sources and institutions you’ll be relying on to make decisions. The Georgia Department of Public Health and the Centers for Disease Control and Prevention are two of the best places to look for information.

Relying on trustworthy sources isn’t just in your interest — it’s in your children’s interest, too. Hearing different information from each parent can create confusion, stress, and even more uncertainty in an already uncertain situation.

This is a critical talk to have now that certain sectors of the Georgia economy are open for business.

Come to an Agreement About Restrictions

COVID-19 has brought attention to the fact that we are inextricably tied to the actions of others. If you haven’t done so already, have a discussion with the other parent about how you will follow the advice given by Georgia health officials and the CDC more generally. You should consider questions such as:

Remember, having these discussions now is crucial for your health and public health in general.

Contact a Family Law Attorney If Necessary

If you reach a dilemma or are in serious conflict with the other parent, it’s a good idea to reach out to a family law attorney. As we mentioned in one of our previous posts , violating custody and visitation orders can have serious consequences, even during the current circumstances. You shouldn’t have to suffer the loss of child support , either, and we can help you determine the next steps to take in order to protect your family.

We have kept up with all of the latest developments in this crisis and are helping numerous families navigate these unprecedented times. Contact our office to schedule a virtual consultation, and be sure to tune into our live sessions on Facebook if you would like to have your specific questions answered throughout the week.

Social Media From a Family Law Attorney’s Perspective

Wed, 26 Feb 2020 17:00:00 GMT

Social media is an integral part of society today. At times, it may feel like an extension of yourself. Because of this, it only makes sense that you would post intimate details of your life. Everything from cute photos of your kiddo to how you feel about your divorce could end up on your social media. From the perspective of a family law attorney, however, this is where you need to be careful.

The advent of social media is still relatively new, and many industries are still learning the dos and don’ts, along with the long-term effects of it. Here at The Fairell Firm , we’ve seen the effects that social media can have on divorce, custody, and other family law cases. In today’s blog, we’ll share the information we’ve learned and our advice for you as you move through your case. If you’re in need of a family law attorney in the Atlanta area, then contact us today ! Our family law attorneys are experienced, compassionate, qualified, and ready to take on your case.

Consider Deleting Social Media Accounts

As you begin filing for divorce, filing for custody, or any other service a family law lawyer could help you with, it’s a good idea to simply delete your social media accounts. Doing so will prevent any social media evidence from being used against you in a court of law. However, some people feel they cannot go long periods of time without social media. If you’re not up for completely deleting it, then our family law attorneys recommend you do the next two steps at the very least.

Be Mindful

Disparaging comments, angry rants, and any other negative post you make on social media can be used against you as evidence. These and other examples may be used to show poor decision-making skills or ulterior motives. Especially if you’re going through a contested divorce, this could make matters worse for everyone involved. Before you post anything, think about what you’re saying and why — and find a better place to share the information (such as with a close friend) rather than social media if it has to do with your ex.

Check the Privacy Settings

Many people think they’re fine to post whatever they like about their ex because their profile is set to private. There is a lot of gray area, though, with privacy settings. You should check your settings on all social media accounts and make sure they’re updated. Some posts, despite your efforts to stay private, could still make it back to your ex or your ex’s lawyer. For example, if you still have a mutual friend, they could share the information with your ex. Be careful not to accept friend or follower requests during the divorce proceedings.

Meet With a Family Law Attorney Today

Don’t let one thoughtless post on social media make matters more difficult during your divorce and custody case. Here at The Fairell Firm, our family law attorneys can help you through the process. Contact us today to get started .

Child Custody and the Holidays: What You Need to Know

Wed, 06 Nov 2019 17:00:00 GMT

Thanksgiving, Christmas, Hanukkah, and family parties galore are just around the corner, and you want everything to go smoothly. Let us guess: if there’s one thing to throw a wrench in your plans, it’s your ex and child custody.

Whether it’s dropping them off late or out-buying you with holiday gifts, there are a lot of ways to go wrong with child custody during the holidays . Here at Fairell Roy & Associates, we do all we can to ensure life following a divorce is healthy and safe for both parents and children. If you’re in need of help from family law attorneys in Atlanta, then you can count on us. As child custody lawyers , we have vast experience with parenting plans. So if you’re going into the holiday season without full confidence in your current parenting plan , then feel free to meet with our family law attorneys to discuss your options. We’re located just out of Atlanta in Tucker, and we’d be happy to help. Read below to learn how you can make the most of the holiday season with your little ones.

Be Respectful of Your Ex

No matter what your relationship is with your ex, it’s essential that you treat them with respect and fairness around the holidays. This will ensure you have the best communication possible and that each of you is working hard to meet the other’s needs when it comes to child custody .

Be Respectful of Your Children

It’s also important that you’re respectful of your children. This could mean not arguing with your ex in front of them or not badmouthing your ex when your children are around. Remember, your children are trying to process everything as well.

Discuss Presents With Your Ex

When one parent “out-buys” the other in terms of gifts, it can be hard not to feel inferior or angry. Discuss presents with your ex, such as price limits or how your gifts can complement each other.

Follow the Parenting Plan

Your parenting plan is there for a reason — follow it! Though you may not like it, you are legally required to follow your parenting plan. If there are serious problems, then look into modifying the current plan with a family law attorney .

Plan Ahead

Finally, plan ahead. If you know about a holiday party at the end of December, then go ahead and let your ex know as soon as you do! This will lead to increased transparency and less stress for both you and your little ones.

Meet With a Family Law Attorney in Atlanta

Here at Fairell Roy & Associates, we’re your go-to source for family law. Whether you’re looking for child support lawyers, child custody lawyers, or something else related to family law, you can find it in Fairell Roy & Associates. Check out some of our other blogs for child custody resources:

How to Change a Last Name After Divorce in Georgia

Wed, 23 Oct 2019 17:00:00 GMT

Sure, you can change your name on social media and even change what you sign for certain things. However, if you changed your name to your partner’s name for your marriage, then it is still your last name when the marriage is terminated.

Some people choose to keep their married last name — even after the divorce — for continuity and ease if their children still have the other last name. There are, however, many other reasons that people choose to change their official last name back to their maiden name.

If you’re in the Atlanta area and are going through a divorce, then the divorce attorneys at The Fairell Firm can help. Keep reading to learn more about changing a last name after a divorce or remarriage, and then contact The Fairell Firm today to work with a divorce attorney in Atlanta. We’re conveniently located in Tucker.

The Short Answer: Changing Your Last Name After a Divorce in Georgia

In Georgia, you can restore a former last name during the divorce process by requesting it in your divorce papers . If your divorce is already finalized and didn’t include a name change, you’ll need to file a separate petition with the Superior Court in your county. Both options are legally valid.

Changing Your Name During Divorce Proceedings

The easiest time to change your last name is while your divorce is still in progress. Georgia law ( O.C.G.A. § 19-5-16 ) allows either spouse to request a name change as part of the divorce proceedings. If granted, the final divorce decree will include an order restoring your previous name, making the process seamless.

To ensure your name change is processed correctly:

Include the request in your divorce paperwork – Either in the initial complaint (if you’re filing for divorce) or in your response (if you’re the respondent).
Confirm that the final decree includes the name change – If approved, the judge will explicitly state the name change in your divorce order.
Obtain a certified copy of the decree – You’ll need this legal document to update your driver’s license, Social Security records, and other identification.

If your goal is to reclaim your maiden name or a prior last name, requesting it during the divorce process saves time and avoids additional court filings later. However, if your divorce is already finalized and your decree does not include a name change, don’t worry—you still have legal options. The next section explains how to change your name after your divorce is complete.

Name Change After the Divorce Is Finalized

If you didn’t change your name during the divorce process but would like to after the divorce is finalized, then all is certainly not lost. According to GeorgiaGov, you’ll need to submit a petition to your local Superior Court describing why you’d like to change your name (e.g. you have recently been divorced). Once the court approves your request, you’ll need to update your driver’s license (within 60 days of the name change), your Social Security card, and your passport .

After all legal documents reflect the name change, you’ll also need to contact your bank, insurance companies, etc. to correct your name with those businesses as well.

Name Change With a Remarriage

If you remarry after your divorce, then you can take your maiden name, take your new spouse’s name, or keep the name used during your previous marriage if you so choose.

Updating Personal Records and Identification

Once you have a certified copy of your name change order, the next step is updating all of your legal documents and accounts. It may take some time to work through each agency, but getting everything updated ensures your new name is recognized everywhere it matters.

Social Security Administration (SSA)

Start with the SSA, as many other institutions require an updated Social Security record before they’ll process changes. You’ll need:

A completed SS-5 form (available on the SSA website).
Your certified court order or divorce decree (if it includes your name change).
A government-issued ID (such as your driver’s license or passport).

Georgia Driver’s License

Georgia law requires you to update your driver’s license within 60 days of a name change. Visit the Georgia Department of Driver Services (DDS) with:

Your court order or divorce decree confirming the name change.
Your current driver’s license.
Proof of residency, such as a utility bill or lease agreement.

Other Important Updates

From there, notify your bank, employer, insurance providers, and voter registration office of your new name. If you have a passport, you’ll need to submit a form to the U.S. State Department, which varies based on how recently your last passport was issued.

Taking care of these updates ensures a smooth transition, helping you move forward without unnecessary complications.

Impact on Professional and Personal Identity

A name change is more than just paperwork—it can shape your personal and professional identity in ways you might not anticipate. Whether you’re reclaiming your maiden name or adopting a new one, it’s worth considering how this shift will affect different aspects of your life.

Professional Considerations

If you have professional licenses, certifications, or memberships, updating your name is essential. Many licensing boards and professional organizations require an official name change request, often accompanied by a certified court order. If your career involves public recognition—such as law, medicine, or business—you may also need to update business cards, websites, and professional networks.

For those with long-standing professional reputations tied to a married name, the decision can be more complex. Some choose to keep their married name for continuity, especially if their name is attached to published work, business ownership, or established client relationships.

Personal Considerations

Beyond legal documents, a name change can feel like a fresh start. Some people embrace the opportunity, while others struggle with the emotional weight of leaving a former name behind. If you’re navigating divorce and all the changes that come with it, be patient with yourself—adjusting to a new identity takes time.

Special Considerations

While changing your own last name is relatively straightforward, other legal matters—such as children’s last names and property ownership—can add extra layers to the process.

Children’s Last Names

A parent’s name change does not automatically extend to their child. If you want to change your child’s last name after a divorce, you must file a separate petition with the court. In Georgia, both parents typically must agree to the change. If the other parent objects, you’ll need to demonstrate that the change is in the child’s best interest. Courts consider factors like the child’s relationship with both parents and the potential impact on their well-being.

Property and Legal Documents

If you own property, have a will, or share financial assets, updating your name on these documents is crucial. Some legal contracts and deeds may require additional paperwork, and failing to update them could create confusion down the road.

The goal is to ensure your name is consistent across all legal and financial records, reducing the risk of administrative headaches in the future.

Common Mistakes and How to Avoid Them

Changing your last name should be a smooth process, but small missteps can cause unnecessary headaches. Here are a few common mistakes we see—and how you can avoid them.

Forgetting to request the name change during your divorce – If you're going through a divorce, include the request in your divorce papers to save yourself from filing a separate petition later.
Not obtaining enough certified copies – Many agencies require an official court order, so get multiple copies upfront.
Missing deadlines – Agencies like the Georgia Department of Driver Services have time limits for updating your identification. Waiting too long can lead to fines or complications.

Taking these precautions will save you time and stress.

Final Thoughts on Changing Your Last Name After a Divorce in GA

Changing your last name after a divorce is a personal decision, but the legal process doesn’t have to be complicated. Whether you handle it during your divorce proceedings or file a separate petition afterward, following the correct steps will ensure a smooth transition.

Once your name change is legally approved, take the time to update all your important documents and accounts. While it may feel like a tedious process, getting everything in order now will save you from future headaches.

If you’re navigating this alongside issues like child support or property division, remember—you don’t have to go through it alone. Reliable legal guidance can make all the difference.

The Importance of Financial Proof for Your Georgia Divorce

Wed, 02 Oct 2019 17:00:00 GMT

You’ve worked hard to get to where you are financially. So, when the thought of divorce and handing over your hard-earned dollars comes up, it’s understandable that you might be frustrated and confused.

Finances are an integral part of the divorce process, so you want to make sure you have a lawyer you trust on your side. This will help increase the likelihood of getting the results you want. Here at The Fairell Firm, we’re committed to helping all of our clients throughout Atlanta navigate the divorce process successfully. We frequently make videos and write blogs to address questions from our readers, such as the following:

I am currently getting divorced and I have been asked to turn over a lot of my financial information. I do not want to share all of this information. Why is my financial life even relevant? —Peter H.

In today’s blog, we’ll discuss the importance of financial proof for your divorce and let you know why our divorce attorneys in the Atlanta area are right for your case. Contact The Fairell Firm today to get started with a consultation .

Money Is Considered Marital Property

Some people erroneously think that all money made from their respective jobs will belong to them when they divorce. While this is a possibility if both parties agree to it, it can be somewhat unlikely. All money and assets earned during the marriage are considered marital property and are therefore subject to division by the court. As an example, imagine that one person doesn’t work or only works part-time in order to care for children while the other works full-time. It’d be unfair to not make sure both people receive equal payments because one person was unable to work.

A Divorce Attorney Can Let You Know What’s Appropriate

Both spouses have the right to request the other spouse’s financial information while filing for divorce. When you work with The Fairell Firm for a divorce attorney in Atlanta, we’ll let you know if you need to object to some of the requests. Otherwise, you’re expected to provide the requested information in a timely manner.

Check Out These Resources for Financial Help During Your Divorce

Our divorce attorneys regularly update our blog and YouTube channel with information that can help you during the divorce process. Check out these blogs and videos for more information:

Meet With a Divorce Attorney in Atlanta Today

Whether you’re considering legal separation or divorce , need help filing for divorce , or simply want to discuss options with an experienced divorce lawyer, The Fairell Firm is for you. Contact us today to schedule a consultation with a divorce attorney in Tucker.

How to File for Divorce in Georgia

Wed, 11 Sep 2019 17:00:00 GMT

You never expected your marriage to come to an end, and yet due to unforeseen circumstances you now feel the need to file for divorce. While this is likely one of the best options for both you and your family, it doesn’t mean it’s not emotionally difficult.

Then, to add to the emotional and financial stress of divorce, you’ll realize that the divorce process can be very confusing . Here at The Fairell Firm, our team of divorce attorneys works hard to represent clients throughout the Atlanta area. Our family law firm is conveniently located in Tucker, and we can help with everything from filing for divorce to knowing the difference between legal separation and divorce . Reach out to The Fairell Firm today to schedule a consultation with one of our divorce attorneys and see if we’re right for you.

Residency

Filing for divorce in Georgia requires either you or your spouse to have been a resident of Georgia for at least six months.

How to File

You’ll write a complaint, or petition, that explains everything from your current living situation to arrangements made for your children, shared assets and debts, and why you’re filing for divorce.

There will be fees to pay, documents to properly complete, documents that need to be notarized, and more. When you work with a divorce attorney in Atlanta, they can help you make sure you do everything correctly.

Where to File

If you live in Georgia, then you’ll file your petition in the Superior Court in the county where you live. If you don’t meet the residency requirement but your partner does, then you’ll file in the Georgia county where your spouse lives.

Aspects to Consider

If you and your spouse agree on all terms of separation (child custody, division of assets, etc.), then your divorce may be granted in as short as a month. The time can vary immensely, however, depending on how much you agree on. Below are other serious aspects to be aware of and understand when filing for divorce:

Grounds for Divorce – abandonment or desertion, adultery, cruel treatment, drug addiction, impotence, irreconcilable differences, mental incapacity, and pregnancy by another man
Child Custody – a divorce attorney can help you work toward a desirable solution for child custody
Child Support – a divorce lawyer can help make sure your children are supported financially
Name Change – you may restore your maiden or prior name if desired
Property Division – work with a divorce attorney to make sure property is divided fairly
Spousal Support or Alimony – you may be entitled to receive or required to pay alimony

Meet With a Divorce Attorney in Atlanta Today

The Fairell Firm is a family law firm conveniently located in Tucker and serving clients throughout the Atlanta area. Our team of divorce attorneys will work tirelessly to help you when you’re filing for divorce — along with everything that comes after. Contact our divorce lawyers today to get started with a consultation.

How to Change a Child’s Last Name in Georgia

Wed, 04 Sep 2019 17:00:00 GMT

For most people, their last name forms a part of their identity. It simultaneously represents their past and the future. You likely became used to it as a child and then carried it through school and jobs with you over the years. Perhaps you changed it or modified it with marriage or perhaps you kept your last name . Perhaps you were lucky enough to pass it on to your own child.

This is a reality for many people, and it’s understandable to want to see your family name continued. If, for some reason, your child doesn’t have your last name, then you may be able to work with a family law attorney and file a petition to change their last name. Today’s blog came in answer to one of our reader’s questions:

Keep reading to learn more, and then contact The Fairell Firm today to get started with a family law attorney near you. Our family law firm is conveniently located in Tucker, and we serve clients throughout the Atlanta area. Contact our family law lawyers today to schedule a consultation .

What Is Legitimation?

First things first: if you’re the father of the child and wish for your child to have your last name, then you’ll have to file for legitimation . Legitimation makes you a father officially . While you may have been an active parent since before your little one even came into the world, you don’t have legal standing as a father in Georgia if you and your partner weren’t married when the baby was born . Even if your name is on the birth certificate or you took a paternity test, a legitimation order is the only actual proof of fatherhood in Georgia.

Check out our post Why Legitimation Is Necessary for Your Rights to learn more about the process, and then contact our family law attorneys today to see what your next steps should be.

When Filing for Legitimation, You Can Request a Name Change

When you file for legitimation with the help of your family law attorney, you can request a name change for your child. The court will commonly grant this request, but there are some aspects to consider:

Meet a Family Law Attorney in Atlanta

Here at The Fairell Firm, our family law lawyers handle everything from divorce to child custody, support, and legitimation orders. Contact us today to schedule a consultation at our family law firm in Tucker, just outside of Atlanta.

Is a Child Support Refund Possible?

Wed, 14 Aug 2019 17:00:00 GMT

Perhaps you’ve spent months or even years paying child support — and you now have reason to believe that the child isn’t yours. This can be an emotionally trying time, and you’ll likely be angry about all the money you’ve paid for child support.

Here in Tucker and throughout Atlanta, The Fairell Firm can help. Our team of family law attorneys has experience with everything from divorce to child custody and child support laws in Georgia. We frequently field questions from prospective clients, such as this one from Alton:

In today’s blog and video, we’re going to answer this question and let you know why you should work with a family law attorney in the event that the child isn’t yours. If you’re ready to schedule an initial consultation, then contact The Fairell Firm today to get started with a family law attorney.

It’s Possible to Pay Child Support Without a DNA Test

First, it’s important to establish that it is actually possible to pay child support without a DNA test. Many fathers get to this part in the process and wonder how they’ve even gotten this far in the legal system without establishing paternity.

If the support action was filed through child support services, then the dad is usually given the option to complete a DNA test for a reduced rate. If the dad does not do so, then there is no requirement to actually complete a DNA test. Therefore, if you and the courts believe the child is your offspring, then the situation will be treated as such.

Establish Paternity

If you don’t establish paternity at the beginning but wish to do so later, then you can file a petition. This petition will be to establish paternity and request a court-ordered DNA test. This is closely related to legitimation, which you can read about in our blog post “ Why Legitimation Is Necessary For Your Rights .”

However, any family law attorney will make this next fact abundantly clear: even if you immediately find out you’re not the father of the child, your child support order isn’t void.

The Child Isn’t Mine — What Next?

So, in the event that the child is not yours, you will need to file an action to terminate the child support order . As stated above, establishing that you’re not the father isn’t enough to immediately terminate your standing child support order. You must file an action — and we recommend you do so with the help of a family law attorney who has experience with child support laws.

Tip: It’s essential that you act fast, so you don’t end up paying more child support unnecessarily.

Work With a Family Law Attorney in Atlanta Today

Here at The Fairell Firm, our team of child support lawyers and family law attorneys is conveniently located in Tucker and helps clients throughout the Atlanta area. Whether you’re just getting started with the divorce process, you’re revisiting your child support order, or you have another family law question, our family law lawyers can help. Each of our family law attorneys is qualified, experienced, and passionate about helping families progress to the next necessary step. Contact The Fairell Firm today to get started with an initial consultation and to work with a child support attorney who will be committed to your case.

8 Damages Your Personal Injury Settlement Could Cover

Wed, 07 Aug 2019 17:00:00 GMT

Navigating life after a personal injury can feel overwhelming, painful, and challenging. By working with a personal injury attorney to recover damages from the accident, you can increase your level of comfort and lessen the pain of what you’re going through. While it may be unlikely that life will return to “normal” — even with the help of a personal injury settlement — you can begin taking steps now to adjust to your new normal.

If you’ve been a victim of a personal injury, then our accident lawyers can help. Read below to find out what types of damages you can recover, and contact our personal injury law firm today . You can schedule a consultation with a personal injury attorney who is qualified, experienced, and passionate about helping find justice.

General Damages (“Non-Economic”)

Damages are typically classified as “general” and “special.” General damages essentially are all the non-economic aspects you’ve gone through as the result of your personal injury. We’ve listed the main considerations below, although there may be other general damages your personal injury attorney can help you fight for.

1. Pain and Suffering

This can vary from short-term to long-term pain and suffering depending on the extent of your injuries. Pain and suffering attempts to quantify the effect the injury has had on your everyday life.

2. Loss of Consortium

In some personal injury cases, your relationship with a spouse or another family member may be negatively affected and compensation can be provided for the loss.

3. Disfigurement

Disfigurement can change the way you see others and others see you for the rest of your life. Personal injury attorneys can handle this general damage with tact.

4. Loss of Enjoyment of Life

You may receive “loss of enjoyment” damages if a personal injury prevents you from enjoying your previous hobbies, exercise, etc.

Special Damages (“Economic”)

Special damages refer to any economic losses you’ve suffered at the hand of a personal injury. Again, there may be additional damages that your personal injury attorney can help you win in court.

5. Medical Treatment

The cost of medical care after a personal injury can skyrocket — and it may be high for years depending on the injury. Your personal injury attorney should be adept at getting damages for medical treatment.

6. Lost Wages

Let’s say you were in a car accident and spent days in the hospital. Your car accident attorney could help you get compensation for lost wages on those days (and subsequent days in recovery ) when you couldn’t work.

7. Property Damage

Whether it’s a car accident, work accident, truck accident, or another personal injury, your property may have been damaged or lost as a result. Reimbursement for repairs or compensation may be attainable.

8. Lost Income Opportunity

If the accident leaves you with the inability or decreased opportunity to make money in the future, then your personal injury attorney can seek damages for lost income opportunity.

Meet With a Personal Injury Attorney in Atlanta Today

Our team of accident attorneys is here for you. We’re conveniently located in Tucker and help clients throughout the Atlanta area. Don’t go through your personal injury alone — get help from a personal injury attorney in Atlanta today.

Which Georgia County Should I File For Divorce In?

Wed, 31 Jul 2019 17:00:00 GMT

The divorce process can sometimes seem difficult enough, right? Taking time out of your schedule to deal with it and handling the emotional stress of it can take its toll. One way to ensure you don’t add even more strain to an already tense time is to make sure you file for divorce in the right county.

Today’s blog post was inspired by a question from our readers:

Divorce attorneys hear it all the time: “Does it really matter where I file for divorce?” Simply put, yes. Filing for divorce in the correct county is very important — or else your case could be dismissed.

In today’s blog, we’re going to discuss your options and let you know where you need to file for divorce when you or your spouse live in separate counties. If you’re in need of a divorce attorney in Atlanta, then we have you covered. Here at The Fairell Firm, our team of divorce lawyers is prepared to help you with legal separation , divorce, custody, and more. Read below and watch our video to learn more about filing in the correct county, and then contact our family law firm today to get started with a divorce attorney.

Spouse moved to a different county less than six months ago:

If your spouse has moved out and to a different county within the last six months, then you can file in the county of your marital home (or the county where the two of you lived together).

Spouse moved to a different county more than six months ago:

If your spouse has moved out and to a different county more than six months ago, then you need to file for divorce in the county where your spouse currently lives.

Filing For Divorce & Serving Papers

After finding a divorce attorney and filing for divorce, it’s time to serve papers to your spouse. You cannot do this yourself — the sheriff (of the correct county) may do it or a private process server must serve the papers.

Following this, there is an answer and counterclaim period of 30 days in the state of Georgia.

Work With An Atlanta Divorce Attorney Today

Divorce is a difficult time emotionally and financially — there’s simply no denying that. Here at The Fairell Firm, we regularly share information from our team of female lawyers so that you can move forward with confidence in the divorce process. From knowing divorce terms to understanding social media and divorce , bank accounts and divorce , or alimony and divorce, we’re here for you.

Contact our law office today to schedule a consultation with a divorce attorney. We’re conveniently located in Tucker and work with clients throughout Atlanta. Meet with a divorce attorney today !

Legal Custody vs. Physical Custody In Atlanta

Wed, 24 Jul 2019 17:00:00 GMT

When it comes to the divorce process, child custody, and child support, it’s easy to become confused and overwhelmed with all of the new concepts. The court decision regarding all of these aspects will affect you and your family for years to come, so you, understandably, want a family law attorney on your side who you can trust.

That’s where The Fairell Firm comes into the picture. Our family law firm is located in Tucker and serves clients throughout the Atlanta area. We regularly update our blogs with tips, advice, and explanation from our team of family law attorneys so that you can have a greater understanding as you move through the legal process.

In today’s blog, we’re going to address legal custody and physical custody in Atlanta. Reach out to our team of child custody lawyers today if you’re in need of help. Our team of female lawyers is diligent, compassionate, and tireless when it comes to helping you find a solution for your family.

“Full Custody” Isn’t Recognized In Family Law

First and foremost, we should be clear that “full custody” isn’t a term recognized by family law. Many people refer to legal and physical custody as full custody, but this isn’t a correct term.

Legal Custody

In the state of Georgia, legal custody refers to who makes major decisions for the child. These decisions could include, for example, medical or religious decisions. Legal custody can be awarded to either one or both parents. Even if one parent has full legal custody, however, that doesn’t mean the child only spends time with them; indeed, legal custody actually has nothing to do with the amount of time spent with the child. It solely refers to the decision-making process for the child.

Physical Custody

On the other hand, physical custody has everything to do with the amount of time spent with the child. There are three types of physical custody that may be awarded:

Meet With A Family Law Attorney In Atlanta

When you’re going through the divorce and child custody process, you deserve to work with a family law attorney who will fight for you and your needs. Here in the Atlanta area, that’s The Fairell Firm. Our team of child custody attorneys have the experience, diligence, and compassion you’re looking for. Check out these blogs for more information about working with a family law attorney and the child custody process in general:

5 Tips For Making Joint Custody Work
What Does Child Custody Mean?
Who Gets Custody After A Divorce?

Looking for a family law attorney in Atlanta? Look no further. Contact The Fairell Firm today to get started.

Ask A Personal Injury Attorney: What About MedPay?

Wed, 17 Jul 2019 17:00:00 GMT

Being in a car accident can be incredibly detrimental to your mental and physical state, but it can also be just as damaging to your finances. Through the process of finding a car accident attorney who can help with your case, it’s important that you do all you can on your own to make sure you’re taken care of financially.

Here at The Fairell Firm, our team of personal injury attorneys can help you get the compensation you deserve. We know just how life-altering an auto accident can be — whether it was your fault or not. In today’s blog, we’re going to discuss MedPay. We’ll cover what it is and why it’s beneficial, and then we’ll offer some resources from our personal injury attorney. If you’re in the Atlanta area and have sustained car accident injuries, then you deserve representation. Contact our personal injury law firm today to get started with a car accident lawyer.

What is MedPay?

First and foremost, we should discuss exactly what MedPay is. Also known as medical payments coverage or PIP coverage (personal injury protection coverage), MedPay is insurance that offers additional medical coverage if you’re involved in a collision. It’s part of your auto insurance policy and protects you regardless of who caused the accident .

Let’s say you’re involved in a car accident . Before you even have time to think about a personal injury attorney, you’re on your way to the hospital. To help pay your bills, you can depend on your MedPay policy. This means you either won’t have to use your health insurance or you can use it in addition to your health insurance depending on the extent of your car accident injuries.

Why is MedPay beneficial?

Our personal injury attorneys believe one of the ways MedPay is most beneficial to victims of car accidents is that it can cover out-of-pocket expenses you may have.

For example, most health insurance policies will pay for your treatment after you’ve spent a certain amount, known as a copay. So when you pay your copay out of pocket, you can then send the bill to your auto insurance company (if you have MedPay) and the insurance company will reimburse you for your out-of-pocket expenses for the copay.

Does MedPay make my insurance go up?

To have MedPay coverage for most policies is actually much more affordable than many people think, which is why so many personal injury attorneys recommend it! For most auto insurance policies, MedPay is typically only $3–4 more per month.

Find A Personal Injury Attorney In Atlanta

You shouldn’t have to continue the process of your auto accident alone — let the personal injury attorneys at The Fairell Firm help. Schedule an appointment with a car accident attorney today, and check out some of these blog posts and videos for more information before visiting:

How Social Media Can Hurt Your Personal Injury Case
5 Things To Do After A Car Accident
Uninsured Motorist Coverage: What It Is & Why You Want It
7 Tips For Talking To Insurance Companies After A Collision
What To Do After A Minor Accident

Contact The Fairell Firm today to schedule an appointment with a personal injury attorney .

Personal Injuries & Impairment, Pt. 4

Wed, 26 Jun 2019 17:00:00 GMT

We know how it is: you’re tired or feel otherwise unwell, but you don’t want to use a coveted day of PTO to just be unwell at home. Why not just be unwell and slightly impaired at the office?

As personal injury attorneys, we recommend you go ahead and take the day off work, rest up, and make sure you’re healthy and strong before heading back to work or getting into a vehicle. As car accident attorneys and slip and fall lawyers, we see many accidents that could’ve been prevented if someone had recognized and acknowledged when they were too impaired to work.

For the fourth part of this blog series, we’re going to discuss impairment risks and how you can make sure you’re safe. As June is National Safety Month, we’ve borrowed each weekly post’s focus from the outline set by the National Safety Council . Check out the other posts in this series to increase your safety and your workplace’s safety:

However, we know accidents aren’t always preventable. Perhaps it’s a car or truck accident, slip and fall accident, or another scenario that leads to you needing a personal injury attorney . Whatever it is, The Fairell Firm is here to help. Keep reading to learn tips from us and the National Safety Council, and then contact us today to meet with a personal injury attorney .

Impairment Risks

When most people think of impairment, they may think of drinking or consuming drugs. While this is certainly true and we’ll discuss it more in-depth below, there are other impairments to be aware of, as referenced from the National Safety Council:

Missing just a few hours of sleep can hinder your driving abilities, even if you’re only driving to and from work.
About 70 million Americans have a sleep disorder. See if you can get screened for one by your doctor and get help.
Prescription drugs, including opioids, can impair your ability to drive and work.
Before starting any new prescriptions, discuss potential side effects with your doctor, including how they could affect your ability to work or drive.
Impairment begins as soon as you take your first drink of alcohol. Even if you have drank in the past and been fine, you never know when an accident could happen.
Impairment can also be emotional and not just physical. If you’re experiencing extreme stress or anxiety, your focus could be impaired and lead to safety risks.

Simply put, don’t take chances! What could start out as a simple drink out with friends or a fun night that led to less sleep than usual could culminate in needing a car accident lawyer, slip and fall lawyer, or a personal injury attorney for any other reason.

Meet With A Personal Injury Attorney In Atlanta

Do you need representation? You can count on the personal injury attorneys at The Fairell Firm. Contact us today to get started with your personal injury claim or simply to gather more information.

Paying Child Support In The Summer: What You Need To Know

Wed, 29 May 2019 17:00:00 GMT

It’s summer and you finally get your kids with you all day, every day! The long summer days are filled with pool parties, playing in the park … and paying child support?

When you have your children with you and you’re the noncustodial parent, it can feel frustrating, confusing, or annoying to still pay child support to the custodial parent. After all, the kids are with you, not your ex, right?

It’s understandable for you to want more explanation of this aspect of Georgia child support laws. In fact, this blog was inspired by a question from our viewers:

The answer is yes, but it depends. If you need help with child support or any other aspect of family law, then you can count on The Fairell Firm. Contact us today to get started with filing for custody, getting family law advice, or modifying your child support order.

Do I need to pay child support in the summer?

If you as the noncustodial parent get the kids for the whole summer, then why should you have to pay child support? The answer is simple, really: child support is calculated on an annual basis on the child support worksheet.

This means that the monthly number given for support is intended to be given to the custodial parent for 12 months of the year. If you don’t pay child support for those months the children are with you, then you could face serious legal repercussions for not paying your child support.

Tip: Are you the other parent who isn’t getting paid? There are several ways to handle not getting child support from your ex .

Are there any exceptions?

Kind of. In our experience as custody attorneys and child support lawyers, we’ve seen many parents come to the agreement that support will not be paid during the summer. An informal agreement for this, however, is not sufficient. Instead, this agreement must be a part of the final court order. If you don’t make sure this agreement is adopted by the court, then you could run into legal ramifications and difficulties later on.

Tip: If you know that the children will always stay with you, the noncustodial parent, for several months out of the year, then work with custody and child support attorneys to modify the child support agreement (from the start or years into the plan).

Get Help With Family Law In Atlanta

Here in the Atlanta area, you can always rely on The Fairell Firm for help with family law. From Georgia child support laws to legitimation , legal custody , family law advice, and more, we’re the lawyers you’re looking for. We’re conveniently located in Tucker and will be happy to help you with family law, including navigating child support requirements in the summer. Contact us today !

Can Personal Injury Settlements Be Taxed?

Wed, 22 May 2019 17:00:00 GMT

If there’s one thing out there that’s confusing and stressful, it’s taxes. Add a personal injury settlement into the mix, and the confusion could escalate to a whole new level.

At our personal injury firm in Atlanta, we’re often asked if personal injury settlements can be taxed. The short answer is that they normally aren’t — but there are, of course, exceptions.

In today’s blog, we’re going to cover personal injury settlements and taxes. If you have any additional questions or are ready to start working one-on-one with a personal injury attorney , then contact The Fairell Firm today. Our personal injury firm helps clients throughout Atlanta, and we’re conveniently located in Tucker. Contact us today to get started.

Personal Injury Settlements (Usually) Aren’t Taxed

According to the IRS , money from a personal injury claim or lawsuit is considered “compensatory,” meaning it’s money meant to compensate for your loss; it’s not considered wages, salaries, or tips. For the most part, compensatory income is nontaxable. However, there are exceptions (outlined below) and you could find yourself owing a lot of money next tax season if you automatically assume your personal injury settlement won’t be taxed.

What Isn’t Considered Taxable By The IRS?

The IRS says exactly which portions of personal injury settlements cannot be taxed. These include money awarded to compensate you for the following:

This could include everything from medical bills to lost income to compensation for your pain and suffering.

What Is Considered Taxable By The IRS?

As always, there are exceptions.

Double Tax Benefits

If you received any kind of tax benefit in the past related to your personal injury case, then you may not use any additional benefits. This is known as a “double-dip” situation. Essentially, you cannot double dip and be compensated twice for the same expense. If you’ve been compensated in the past for the expense, then you must pay the IRS back what was deducted in the past and list it as “other income” on your tax form.

Investments and Interest

On your tax return, there is a spot to enter “interest income.” If you earn interest on any money recovered from your personal injury case, then the interest is not tax-exempt (even though the money from the case most likely is). Additionally, if you buy any investments with your settlement money, then that can be taxed as well.

Work With An Atlanta Personal Injury Firm Today

One thing is for certain through all of this: if you’ve sustained a personal injury, then you deserve representation. Once you file your personal injury claim and (potentially) win your case with the help of our personal injury attorneys, you can use this blog and other resources from the IRS to help you know how to list your settlement on your tax forms. If you’re in the Atlanta area, then contact our personal injury firm today to get started. We’re conveniently located in Tucker and can help you on your accident claim.

Custody Law For Grandparents: Options & Processes Explained

Wed, 08 May 2019 17:00:00 GMT

As a grandparent, it’s understandable that you want to be a part of your grandchild’s life. Sometimes, this could call for becoming the legal guardian of your grandchild. Child custody laws in Georgia differ from many other places, but custody options for third parties — including grandparents — is an important area of focus of family law.

If you live in the Atlanta area and need help with family law, then you can count on The Fairell Firm. Our child custody lawyers are ready and willing to help you with your family law case — including fighting for legal custody of your grandchild. To understand more about child custody laws in Georgia , get family law advice, or work with a custody attorney, contact The Fairell Firm today .

What is a grandparent?

As defined by law, a grandparent is the parent of a parent of a minor child; the parent of a minor child’s parent who has died; and the parent of a minor child’s parent whose parental rights have been terminated.

Parents of fathers who have not legitimated children born out of wedlock are not considered to be a grandparent under Georgia law. So, if your son had a child out of wedlock and has not gone through the legitimation process , then you are not legally considered the grandparent in the state of Georgia.

Can grandparents have legal custody?

If the court determines that an award of custody to the grandparent would be best for the child, then grandparents may gain legal custody.

In family law, it’s assumed that the natural parent is the best parent for the child, but this presumption may be overcome by proving that awarding legal custody to a third party (i.e. the grandparent):

As the grandparent, you must show by clear and convincing evidence that the grandchild would suffer harm if left to the care of the biological parent. If it is proven, then your custody lawyer must then prove that having you, the grandparent, as the legal guardian will best promote the child’s best interest.

What is temporary guardianship?

Temporary guardianship grants the grandparent, or any third party, the rights to do anything the parent could do. This is most commonly needed when children are school-aged and need to be enrolled in school.

Another reason is to get health insurance under a grandparent’s policy or through the state if the grandparent applies for assistance.

How do I get a temporary guardianship?

According to family law, the parents must consent. Then, the grandparent files the petition for guardianship along with the consent. Depending on the county, guardianship could be granted right away; some require a home visit to make sure it’s suitable.

What is grandparent power of attorney?

This is an even faster and easier way to get legal authority to act on behalf of a grandchild. With a grandparent power of attorney, you could enroll the child in school and extracurricular activities; have access to school records and disclose the contents to others; and arrange for and consent to medical treatment, dental treatment, and mental health treatment if necessary.

Only one parent is needed to grant grandparent power of attorney.

What about child support for grandparents?

Grandparents can apply for child support at no charge at the local department of child support services. The mother and father of the child will both be responsible for child support payments as both are considered the noncustodial parent.

Family Law In Atlanta

For help with legal custody, temporary guardianship, grandparent visitation , power of attorney, or child support as a grandparent in Georgia, you can rely on The Fairell Firm. Contact us today to get started with this aspect of family law and work with a custody attorney.

What You Should Know About Divorce & Retirement Accounts

Wed, 24 Apr 2019 17:00:00 GMT

As we’ve worked our way through financial literacy month and how to become more financially prepared and aware when it comes to divorce, we decided to focus on one final aspect: retirement accounts.

How often do you really think about your retirement account? Maybe when you notice your contribution — or your employer’s contribution — to it each month. Or perhaps when filing taxes and you see if you’ve actually saved a decent amount toward your retirement throughout the year. Other than that, though, your retirement account probably isn’t something that comes to mind often since it’s not right there with your checking and savings accounts .

Because of this, it may come as a surprise to you that it even needs to be addressed in the event of divorce. It can feel like something that is uniquely yours, so why does your divorce lawyer even bring it up? We’re going to answer this today. If you need divorce help in Atlanta, you can rely on The Fairell Firm. Our blogs are full of useful divorce help, but none of it is specific to your situation. Instead, schedule a consultation today to meet with our local divorce attorneys in Atlanta.

Today’s post was inspired by a reader’s question:

Retirement Accounts Are Subject To Division

Even though you earned the money, the money earned is considered marital property and is subject to division. Just as other savings and earnings are subject to division, so are retirement accounts. In fact, if your partner either hasn’t worked or hasn’t established their own retirement account, then it is very likely that the divorce court will grant them a portion of yours.

Division Is Not Always 50/50

It’s also important to note that division of a retirement account is not always 50/50. Instead, Georgia divorce courts separate retirement accounts equitably, whatever that could mean for your case. So instead of 50/50, you could expect 90/10, 60/40, etc.

Reasons Why Retirement Accounts May Be Divided

If this doesn’t seem fair to you — after all, you worked and earned toward your retirement — then let’s look at some of the logic behind this:

Get Divorce Help In Atlanta Today

You want local divorce attorneys who fully understand the divorce process, divorce settlements, and nuanced factors of finances in divorce. Our divorce firm offers this to you. We’re located in Tucker, and we offer divorce help to clients throughout Atlanta. It’s important that you find a divorce lawyer who is a good fit for you, so schedule a consultation with us to see if our female divorce lawyers are who you’re looking for. Visit The Fairell Firm today for divorce help!

Unmarried Fathers In Georgia: Here’s How Custody Works

Wed, 17 Apr 2019 17:00:00 GMT

You’ve played an active role in your child’s life, so when the mother simply takes the child and leaves, dealing with this can be stressful. After all, you pay child support and you signed the birth certificate. You should have every right to your child, right?

Georgia child custody laws give preference to the mother and, if you never married the mother, then you have no right to your child. If you are an unmarried father and would like custody or visitation rights, then The Fairell Firm can help. We handle family law in Atlanta for a variety of cases, including rights for unmarried fathers. Watch our video and read below to learn about this aspect of family law, and contact us today to schedule a consultation .

Paying Child Support Does Not Guarantee Visitation Or Custody Rights

This is shocking to many, but, according to Georgia child support laws , you can be ordered to pay child support without having any rights to your child. According to family law:

Unmarried Fathers Have No Rights To Their Child

The law will vary from state to state, but in Georgia, the mother has full rights to the child if you weren’t or aren’t married to her. She has full parental power and does not have to consult with you about anything regarding your child.

In fact, she can prevent you from seeing your child and even deny your access to their school or doctor. She can change her phone number, block yours, or even move out of the state or country. And remember — you may still have to pay child support throughout this time even though she has all the parental rights.

Signing A Birth Certificate Doesn’t Give You Rights

While this may seem unfair, this is what child custody laws in Georgia require — even if you signed your child’s birth certificate. Signing the birth certificate was an official, responsible thing to do, but it simply means you acknowledged paternity and are the biological father — it doesn’t make you the legal father.

Biological vs. Legal Father

Being the biological father means you’re related, but it doesn’t give you any rights. To be the legal father means you are recognized by law and can have legal or visitation rights. You have the right to be in your child’s life.

How To Become The Legal Father When Unmarried

You’re not without hope, though. If you’re the biological father — even though you weren’t and aren’t married to the child’s mother — you can become the legal father with the help of a legitimation order .

Outside of marriage, legitimation is the only way to establish legal rights to your child. It is a legal action that lists you as the father and it will be honored in court.

However, legitimation orders don’t lay out custody specifics. After you complete a legitimation order, you’ll still need a court action to establish custody and what level of visitation, custody, etc. you now have. Check out our post on why legitimation is necessary for your rights and how it works .

Get Help With Family Law In Atlanta

Having a relationship with your child will be beneficial for both them and you. Don’t let something like not being married to your child’s mother prevent this from happening. Though that’s required by child custody laws in Georgia, a legitimation order can get you legal custody. Work with The Fairell Firm today. We have a team of child custody lawyers who will work hard to help you become the legal father and not just the biological father. If you need help with legitimation or another aspect of family law, then schedule a consultation today!

7 Tips For Talking To Insurance Companies After A Collision

Wed, 10 Apr 2019 17:00:00 GMT

Everything can feel rushed and overwhelming following a car accident. Because of this, you may willingly agree to speak with the other driver’s insurance company without even thinking — anything to help, right? However, this is something you certainly don’t want to do.

In today’s blog, we’ll discuss why to avoid this, along with six other tips for talking to insurance companies after a collision. Here in Atlanta, you can trust our personal injury firm to help when you’ve been in an accident and need representation. Contact us today for an initial consultation .

Discuss Dos and Don’ts With A Lawyer

First, you’ll want to find a personal injury firm in Atlanta to work with. Then, after consulting with them, you’ll know what things you should or shouldn’t do when talking with insurance companies. They can also provide you with tips for recovery, let you know how to handle social media during your personal injury case , or answer f requently asked questions about personal injury cases .

Don’t Speak With The Other Insurance Company

Your personal injury lawyer will most likely tell you not to discuss anything with the other person’s insurance company. The liability carrier insurance company does not have your best interest in mind. They’re looking to see if you could be responsible in any way, and what you say will be on the record. They’ll also inquire about injuries, which could change drastically from the day after the accident to two months after the accident. They’re trained to seek out discrepancies, so avoid going on the record and speaking with them.

Provide The Four Ws

This is the basic information any insurance companies will need: who, what, when, and where. These are the aspects any insurance company truly needs, so don’t provide any extra details that could prevent you from getting coverage or assistance later on. They may pressure you for more information, so discuss with your lawyer if it’s a good idea or not — but until then, simply say you’ll share more facts and information when it’s appropriate.

Don’t Discuss Injuries (Yet)

We touched on this earlier, but a slight pain in your lower back the day after the accident could evolve into leg or knee problems a month from now. It’s likely too early to go into details about harm or injury. If pressured to provide more information than your comfortable with, then say that you don’t yet know the full extent of the injuries.

Have Your Attorney Present

It’s never a bad idea to have your personal injury attorney with you when you speak on the phone with your insurance company — in fact, it’s a good idea! Find a personal injury firm who is willing to work with you on all aspects of your personal injury case and accident claim, like speaking with the insurance company.

Provide Photos Of Damage And Injuries

A picture is worth a thousand words, right? Photos, notes from doctors, and more are solid evidence to support your accident claim. Make sure any medical bills, explanations, or other documents are dated and signed by your doctor. Make sure photos of damage are taken immediately following the accident.

Take Notes

During your phone call with your insurance company, it’s easy to become flustered or even emotional. After all, this injury has drastically changed your life — why do you have to relive it over and over again? Because of this, and because you’ll likely receive a lot of information during the call, it’s wise to take notes you can review later.

Visit Our Personal Injury Firm In Atlanta Today

It’s difficult and often not worth it to fight insurance companies on your own. Find a personal injury firm in Atlanta who can help you with your personal injury claim — whether it’s from medical negligence, a slip and fall injury, or an auto collision like we described today.

Our team of personal injury attorneys is skilled, experienced, and compassionate when it comes to personal injury in Atlanta. Our personal injury firm is located in Tucker, and we look forward to helping you overcome your injury and move on with your life. Contact us today for a consultation !

Divorce Help: Dividing Bank Accounts In Divorce

Wed, 03 Apr 2019 17:00:00 GMT

April is financial literacy month. In our blogs this month, we’re going to share information that will help you to become more financially literate in your upcoming divorce. The stresses of divorce are immense: from emotions to finances, it can feel overwhelming and insurmountable. Here at The Fairell Firm, we aim to help decrease this stress by providing you with knowledge that can empower you to succeed.

In our blog, we offer divorce help on a wide range of topics. We are, of course, divorce lawyers and not therapists. However, we share tips on handling the emotions of divorce or we discuss the basics of divorce . Everything written in our blogs may be divorce help, but it’s not tailored to your situation and it should not be taken as legal advice. Instead, schedule a consultation with The Fairell Firm ! We’ll offer you the divorce help you’re looking for and our team of female divorce lawyers will work hard to represent you.

Our inspiration to discuss bank accounts and divorce today came from one of our readers:

Bank Accounts Are Considered Marital Property

Whether you have joined or separate bank accounts, it will all be considered marital property if you and your partner decide to divorce. So, to answer Karen’s question: no. Your bank accounts will most likely be subject to division.

If the money in an account was earned while you are married — even if the account is only in your name — then it is most likely marital property and is subject to division by the court.

What Financial Accounts Are Considered Marital Property?

Some people know that bank accounts will be subject to division no matter what, but they assume their retirement accounts or any other financial assets will be considered personal property and won’t be touched. This is incorrect.

All assets in a marriage are subject to division: property, debt, bank accounts, retirement accounts, and more. Here are three types of accounts that are considered marital property and could be separated between you and your spouse:

Get Divorce Help In Atlanta

You don’t need to go through a divorce and divorce settlement alone. Our team of female divorce lawyers will offer all the divorce help you need — from divorce and custody to financial considerations to how to handle social media during your divorce . Let our local divorce attorneys help you reach a divorce settlement that works for you and your family. Schedule a consultation today.

Tips For Dealing With The Emotional Stress Of Divorce

Wed, 13 Mar 2019 17:00:00 GMT

Whether you’re divorcing because of adultery , irreconcilable differences, or simply because you want to, divorce can turn your entire life upside down. During the divorce process, you’ll experience a wide range of emotions — from denial to anger, hurt, sadness, hope, desperation, and much more. It’s important that you don’t bottle up or suppress these emotions, but rather that you healthily address them.

Here at The Fairell Firm, we provide divorce help to clients throughout Atlanta and Tucker — and we know that the divorce process is more than simply signing papers and reaching a divorce settlement. We see the emotional toll it can take on clients, so we teamed up with Kim Lee-Okonya, a psychotherapist and licensed specialist clinical social worker (LCSW) with more than 10 years of experience. Watch our video below to learn more about how to cope with the emotions you experience during divorce, and then contact our firm today to get divorce help in Atlanta.

The Emotional Effects Of Divorce

Divorce will bring about a lot of change in your life, period. Lee-Okonya has noticed many clients who experience fear of the unknown, fear of judgment, and fear of “I told you so” when they first begin the divorce process. According to her, they don’t know how to process all of these fears and concerns, and they often hold it all in. This leads to anxiety and depression, which can then drastically affect sleeping and eating habits and lead to isolation.

Enlisting the help of a professional — such as a therapist — can help you to process all of these emotions. A licensed therapist will simply be able to help you much more effectively than a local divorce attorney or even your friends will be able to.

The Divorce And Grieving Process

Lee-Okonya likens the grieving that takes place in a divorce to that of a butterfly’s life. Just like the life of a butterfly, divorce is a grieving process .

She is careful to note that grieving is not just for death. Grieving, Lee-Okonya says, is for any type of loss; it’s when something is no longer a part of your world as you once knew it to be. She provided the example of her puppy to illustrate this. Work was picking up and Lee-Okonya was getting busier and busier — and she didn’t feel she was providing the puppy with the attention it deserved. She found a wonderful family to raise the puppy and even gets to communicate with them, but she still, at times, feels sad about it.

Elizabeth Kubler Ross researched what we now know to be the five stages of grief: denial, anger, bargaining, depression, and acceptance. According to Lee-Okonya, these five stages will vary in length and order for everyone who goes through the divorce process — sometimes taking years to reach acceptance. She said that however long you were with someone, it generally takes at least half that time to fully get over them, though that can vary for everybody.

Get Divorce Help In Atlanta

Here at The Fairell Firm, we aim to provide divorce help for you both in our law office and on our blog. From understanding alimony to legal separation vs. divorce , divorce basics , social media and divorce , and many other topics, we hope you find the divorce help you’re looking for. Contact The Fairell Firm today to work with a team of female divorce lawyers in the Atlanta and Tucker areas.

How Child Support Is Calculated In Georgia

Wed, 06 Mar 2019 17:00:00 GMT

Whether you have an upcoming divorce, recently had a change in employment that you believe could alter your child support payments, or you simply want to know more about Georgia child support laws, then you’re in the right place.

Here at The Fairell Firm, we’re eager to help our clients and other members of the Tucker and Atlanta communities more fully understand family law. Because of this, we often take questions from people in the area, such as this question:

The short answer is no — but in today’s blog, we’re going to discuss just how child support in Georgia is calculated. Need a family law lawyer for your upcoming divorce? Interested in modifying your current child support agreement? Contact The Fairell Firm today for help with family law in Atlanta.

Both Parents’ Incomes Are Considered

So, to answer Corey’s question: no, your income alone is not considered. Both parents’ incomes are subject to consideration and will be fully evaluated when calculating child support, according to the Georgia Child Support Guidelines. If you’re afraid that your ex’s income isn’t being evaluated correctly, a family law attorney could help ensure accuracy and fairness.

If one parent doesn’t have an income, one can be imputed.

Even if your ex doesn’t work and doesn’t have an income — or somehow lies about or changes their income in order to avoid paying child support — your income will still not be the only one considered.

Instead, an income can be assigned to the parent. Courts typically impute income when a parent is fully capable of earning more but doesn’t. This could mean, for example, that the parent is voluntarily unemployed or underemployed, and it often presents itself when a parent quits a job, purposefully seeks termination, or is laid off and won’t look for another job.

“Zero” typically is not used as an income calculation for either parent.

Under the law changes for 2018, courts are allowed to use “zero” in very extreme circumstances but it is not likely for most cases. If one parent in fact earns “zero,” then courts look to determine how much income to impute by reviewing previous tax returns, check stubs, or other financial information. At the very least, the court will impute income based on a full-time, minimum-wage job.

What factors affect how child support is calculated?

Everything from salary to commissions, income, overtime, bonuses, severance pay, and self-employment income will be considered for calculating child support.

For determining the amount owed, however, other considerations such as medical insurance, child care, tuition, and even extracurricular activities are taken into account.

Calculate Your Child Support

Georgia relies on a Basic Child Support Obligation (BCSO) table to evaluate the base pay that each parent will pay per child. A child support lawyer can cover this table in-depth with to provide family law advice and give you a better understanding of what you could pay and why.

The Judicial Council of Georgia has also provided a free, online child support calculator tool ; however, this may not be the final amount you actually owe in child support and is subject to change. A child support lawyer can help.

Get Help With Family Law In Atlanta Today

Whether you want to know more about Georgia child support laws , need help with custody law , or simply need broad family law advice, you can count on The Fairell Firm. We have extensive experience with both child support and child custody laws in Georgia, and we happily serve clients throughout Atlanta and Tucker. Contact us today to get started with family law. Whether you want to establish or modify child support , we can help.

5 Personal Injury Cases That Aren’t Auto Collisions

Wed, 27 Feb 2019 17:00:00 GMT

Because we hear about personal injury cases so often being car accidents, we sometimes don’t realize that there are many other personal injuries that you can be compensated for.

At our personal injury firm in Atlanta , we aim to be a resource for you as you work through a personal injury claim and an advocate for you with insurance companies. In today’s blog, we’ve gathered information about five different scenarios that qualify as personal injury. If one of them is similar to what you’re currently going through, then contact The Fairell Firm today to get started with a personal injury lawyer! We’re located in Tucker and serve clients throughout Atlanta.

Nursing Home Negligence

Nursing home neglect, sadly, happens more often than we would like to know. There are a variety of ways nursing home negligence can take place:

Be sure to look out for warning signs of nursing home neglect when you visit your loved one, and contact our personal injury firm if you’ve noticed questionable signs.

Medical Malpractice

A doctor holds a position of power and trust, and it can be difficult to understand when something goes wrong. Medical malpractice takes place when a doctor, health care professional, or hospital injures a patient due to a negligent act or omission, perhaps during diagnosis, treatment, aftercare, or health management. Don’t let medical negligence take its toll on you without seeking justice.

Wrongful Death

Surviving members of a victim’s family may sue for wrongful death when their loved one dies or is killed due to the negligence or misconduct of another person. Wrongful death cases are emotional and tragic, and a victim’s family should be treated with respect, dignity, and care. A personal injury firm can help make sure this happens.

Construction Job Accidents

One in five workplace fatalities is construction related and, on average, two construction workers die of work-related injuries in the U.S. every day. If you or a loved one has sustained a personal injury for a construction-related reason, a personal injury firm can represent you and make sure your accident claim is successful.

Slip And Fall Injuries

Slip and fall injuries can happen anywhere — at work, at a friend’s house, or at the mall, for example. Whether or not the property owner is responsible, though, depends on the specifics of your case and the hard work of your personal injury lawyer. If you’ve sustained a slip and fall injury, check out what to do after a slip and fall accident and contact our personal injury lawyer today.

Work With Our Personal Injury Firm In Atlanta Today

From medical negligence to slip and fall injuries and — yes — auto collisions , our personal injury firm is here to help. We'll work tirelessly on your personal injury claim to ensure you’re compensated and well taken care of. Contact our personal injury firm today to get started.

Unmarried Mothers In Georgia: Here’s How Custody Works

Wed, 13 Feb 2019 17:00:00 GMT

As the fathers’ rights movement is on the rise and more and more fathers are stepping up and choosing to be in their children’s lives, many mothers are concerned about how they’ll be affected — especially if they were never married to their child’s father.

Here at The Fairell Firm, we’re dedicated to helping our clients understand Georgia child support laws and how they’ll affect their lives. From not getting child support from your ex to understanding custody law for stepparents , our blog shares information that’s essential as you work your way through family law. In today’s blog, we’re going to cover how custody law works for unmarried mothers. Whether you’re a father, unmarried mother, or a divorcee, let us help you with family law today. Visit The Fairell Firm in Tucker today — we serve clients throughout Atlanta, and our custody attorneys would love to help you next.

The Mother Has Sole Custody

Unless the father has filed a legitimation order, the mother has all legal power.

There are only two reasons an unmarried mother won’t automatically have sole legal custody over her child:

The father filed a legitimation order
The father signed a legitimation order at the hospital when the baby was born

If the father of your child did neither of these tasks, then you have all the parental power. Our custody attorneys at our family law firm frequently hear from mothers who say the father of their children doesn’t agree with the mother and child moving or attending a new school. However, even if the biological father is a co-parent, he has no rights and cannot dictate what you or your children do unless he files for legitimation.

OK, So What Is Sole Custody?

So, if the father of your child isn’t filing for custody and you were unmarried when your child was born, you have sole custody. According to family law, sole custody grants you the full decision-making power on every aspect of your child’s life. Like we said earlier, the biological father won’t have any legal rights, though you can still choose to co-parent with him.

A Word Of Warning

If you do choose to co-parent, then congratulations! Our family law firm in Atlanta believes children should have two involved parents whenever possible. That being said, be aware of how often your children are with their father.

Let’s say he already has your children for about half the week as you focus on your career or attend school. If he were to file a legitimation order and seek legal custody, then the visitation history can become an order of the court. The court tends to keep the visitation schedule as it is because it’s more comfortable for the children. So, if you don’t want the current visitation on a permanent basis, then don’t do it on a temporary basis either.

The Law Values Mothers And Fathers The Same

If your custody case is taken to court, you won’t receive preference just because you’re the mother.

It’s 2019 — you won’t win legal custody simply because you’re the mother. If the father of your child has a legitimation order and chooses to file for custody, then both of you will have equal opportunity at the beginning of the custody case.

If this is reflective of the family law situation you’re currently working through, whether you were a married or unmarried mother, then reach out to The Fairell Firm today. Our custody attorneys can offer family law advice and will work tirelessly on your custody case. Contact us today to get started with family law in Atlanta.

Liability Insurance 101: What You Need to Know

Wed, 06 Feb 2019 17:00:00 GMT

You were simply driving to work one morning when — Bam! — you were hit out of nowhere. It was the other driver’s fault, and you thought you were fine. You simply did what you’re supposed to do after an auto collision and moved on with your day.

As you sit at your desk at work, though, you begin to notice that you’re actually not fine. Your muscles are sore and tender, and as you get up to walk, you know your body is injured. So, what next?

After meeting with a doctor, you should visit a personal injury firm that can represent your case. Your personal injury claim should get the other driver’s liability insurance to pay for your medical bills and more. In today’s blog, we’ll explain just what liability insurance is, how it will work, and why you should always work with a personal injury lawyer. If you’re looking for a personal injury firm in Atlanta, you can count on The Fairell Firm. We’re located in Tucker and have an excellent reputation for helping clients with accident claims and recovering from their personal injury. Contact us today .

What is liability insurance?

Liability insurance is simply the policy of the person responsible for the accident. Here at The Fairell Firm and other personal injury firms, you may hear about individual or personal policies and commercial policies.

An individual or personal policy is just that — someone’s personal liability insurance. A commercial policy is the liability of a company, such as UPS or your local flower delivery shop.

The best personal injury lawyers will ensure that the other driver’s liability insurance covers anything you experience as a result of the accident, such as:

Work With Our Personal Injury Firm In Atlanta Today

Your personal injury claim deserves to be taken seriously — and that’s unlikely if you don’t have an experienced injury lawyer on your side. Fighting insurance companies on your own is difficult, time-consuming, and may not get your desired results. Instead, work with an established personal injury firm who has experience with cases like yours and experience working with insurance companies.

Be sure to check out all of our resources to help you in this process, including our personal injury checklist , why and when to hire a personal injury lawyer , how social media can hurt your case , and questions to ask your personal injury lawyer . If you’re in need of a personal injury firm in Atlanta, don’t hesitate to contact The Fairell Firm today .

Custody Law For Stepparents: Options & Processes Explained

Wed, 19 Dec 2018 17:00:00 GMT

Blended families are more common these days than you may realize; in fact, nearly 40 percent of marriages in the U.S. today consist of a blended family, meaning at least one parent brings in a child from another relationship.

Some stepparents decide to legally adopt their stepchildren, becoming just as valid of a parent in the eyes of the court as the biological parent is. If this is something you or your partner is interested in, our family law firm can help. Located in Tucker and serving clients throughout Atlanta, The Fairell Firm is dedicated to helping people understand Georgia child support laws , file for custody, adopt stepchildren, and get divorce help.

In today’s blog, we’ll discuss custody law for stepparents — what it means, what options you have, and what processes you can take for adoption. Read on to get your questions answered, and contact us today for help with family law in Atlanta.

What rights do stepparents have?

Either on a daily basis or after a divorce, a stepparent will have no rights to their stepchild if no adoption takes place.

Should you adopt your stepchild?

Family law decisions — like adopting a stepchild — should not be made lightly. Custody law can have a long-lasting impact on your future and on your family’s future.

Before you go through the process of adopting your stepchild, consider the following aspects of custody law:

After a stepparent adopts a stepchild, they are just like the child’s biological parent in the eyes of the law. It cannot be reversed and you’ll be fully responsible for the child.

If your stepchild views you as a biological parent or you’ve been in the child’s life for a long time, it could be a good idea to obtain legal custody through adoption. Another situation that could warrant adopting your stepchild could be if your spouse has a serious illness that might result in death; if you were to adopt your stepchild before this happened, then your stepchild wouldn’t go to the other biological parent.

Steps to Stepparent Adoption:

Here is the checklist before a stepparent can adopt their stepchild in Georgia:

Meet With A Family Law Firm In Atlanta

Whether you have more questions about stepparent adoption, Georgia child support laws , filing for custody , or more, let us help. Our family law firm helps clients throughout Tucker and Atlanta to find peace with family law. Contact us today.

Uninsured Motorist Coverage: What It Is & Why You Want It

Wed, 21 Nov 2018 17:00:00 GMT

You’ve been in a car accident and have sustained a personal injury as a result. The last thing you want to hear? That the person who hit you doesn’t have insurance.

You can go through all of the complaints in your head — this person shouldn’t be driving if they aren’t responsible enough to have insurance! — but the fact of the matter is, you have an injury and you shouldn’t have to pay for it out of your own pocket because it wasn’t your fault and you’re a responsible driver.

This is where “uninsured” or “underinsured motorist coverage” can come into the picture. Read on to learn what UM coverage is and what it entails, and reach out to The Fairell Firm for help with your personal injury claim. We’ll treat you with compassion and understanding, while also leveraging our experience and qualifications for the best possible outcome. Contact our personal injury firm today.

What is UM coverage?

UM coverage can stand for either uninsured or underinsured motorist coverage. In an accident, UM coverage can apply to both you and your vehicle. In other words, when the person who hits your vehicle either doesn’t have coverage or doesn’t have enough coverage to handle the situation, UM coverage can make up the remaining to take care of your health and your vehicle.

Why should I get UM coverage?

You don’t want to get stuck in an uncomfortable financial situation after an accident. By having UM coverage, you can ensure that this never happens to you.

For example, let’s say that you and your vehicle sustained $50,000 worth of damages. The person who injured you had coverage, but it only covered up to $25,000. Your UM coverage would then make up the difference so you would have enough to comfortably take care of your medical bills, pain and suffering, property damage, and more.

How can I get UM coverage?

Here’s the best part — for having such a payoff in case of an emergency, UM coverage is not difficult to acquire. You can simply call your insurance company and add UM insurance to your policy for only a few extra dollars per month.

Work With The Fairell Firm Today

Our personal injury firm knows how to handle accident claims, medical negligence, slip and fall injuries, and many other personal injury cases. Through our blog posts, you can learn why and when to hire a personal injury lawyer , get answers to FAQs about personal injury cases , and know what to do after a car accident . If you have other questions about personal injuries, accident claims, or more, simply contact us.

We offer consultations and can help you arrive at the best possible outcome for your accident claim. When you work with The Fairell Firm, you’ll always be in contact with your personal injury attorney and understand what’s happening with your case. Contact us today.

Modifying Visitation vs. Modifying Custody

Wed, 07 Nov 2018 17:00:00 GMT

In moments of frustration since your divorce and subsequent custody battle, it is likely that you have been less than satisfied with your ex’s handling of the visitation schedule. Perhaps your ex has consistently dropped the kids off late to your house, or perhaps your ex canceled time with your children repeatedly, at a time when your kids were excited to spend time with their other parent.

To say the least, these situations can be frustrating. They can be hurtful, disrespectful, and make the visitation schedule hard to commit to. They are not, however, reasons to modify custody. According to family law and child custody laws in Georgia , only certain situations warrant modifying custody.

In today’s blog, we’re going to discuss how and why you could modify visitation or modify custody. Here at The Fairell Firm, our family law attorneys in Atlanta are committed to helping our clients work through Georgia child support laws , filing for custody, and even modifying custody. Read on to learn how family law can help, and contact our custody attorneys today to get started.

Modifying Visitation

As much as you may want to change the visitation schedule as soon as your ex shows up late with your children the first time, it won’t be quite that simple. To be clear, visitation is the parenting time that you currently have. It is possible to change it to a schedule that works better for you or for your ex, but you must wait two years from the previous order to make a change. Whether you have never changed it or you have changed it multiple times doesn’t matter; you must wait two years regardless. A custody attorney can help.

Modifying Custody

Modifying custody is much different than only changing the visitation schedule. This can refer to legal custody, physical custody , or both.

The only way to modify custody is if there has been a material change that affects the child drastically. Some examples of this include a job change that impacts finances, time, or living arrangements; the physical relocation of a parent; or the death of a parent. All of these situations have varying levels of impact on the child, and a court is always most concerned with the child’s well-being. Work with a child custody lawyer in Georgia to determine the best route for you and to have representation.

Work With A Family Law Attorney In Atlanta

Custody law may not be your area of expertise, but it is certainly ours. At The Fairell Firm, we have a team of family law attorneys who can help you through every aspect of physical or legal custody — including modifying visitation or custody. Next time you’re searching for “child custody lawyers near me” in a moment of frustration, we hope you find our family law firm and work with us. We’re trained, experienced, compassionate, and, best of all, committed to your success. Contact The Fairell Firm today with help with family law and more.

3 Tips For Handling Child Custody During The Holidays

Tue, 06 Nov 2018 16:54:00 GMT

The days and weeks between November and January are filled with turkey, tinsel, trees, and … tears? Parents usually strive to make the holiday season enjoyable and memorable for their children, but pulling off a fun and tear-free holiday season can sometimes be tricky — especially when parents are newly divorced. Here are a few tips on surviving the holiday season for recently divorced parents.

If you’re in the Tucker or Atlanta areas, reach out to The Fairell Firm today for help with family law. Our experienced custody attorneys can help you modify your custody agreement , better understand Georgia child support laws , or file for custody.

Plan Ahead

The holidays go quickly and it is important that children have enough time to spend with both of their parents and their extended families. Setting up a visitation schedule — including details about transportation between households — is key to establishing expectations and stability for the holiday season. Depending on the age of the children, you may want to get their input regarding when and for how long they like to visit with each family member. Creating a schedule takes the guesswork out of how the holiday time will be spent, diminishes the chance for arguments, and helps communicate to the children that spending time with them is still a top priority for each parent.

Coordinate Gift Giving

Parents should resist the urge to try to outdo each other when it comes to gift giving — particularly if one parent is more financially stable than the other. Generally, children need and want to feel loved by both parents, and parents trying to out-give each other during the holidays can lead to emotionally damaging and harmful consequences, both now and over time.

It may be a good idea for parents to agree to a financial limit for each gift given to their children. Depending on the degree of co-parenting, parents may even want to purchase gifts together so that the children receive the same gifts from both parents. Another suggestion is to purchase gifts that complement each other. For instance, if one parent purchases a tablet for their child, the other could purchase the tablet cover and other accessories and a certain number of apps for the tablet. Collaborating giving presents will help to foster an atmosphere of love rather than competition, which is what custody law is always trying to achieve.

Stick To The Plan

One of the best ways for parents to prevent disappointment from their children during the holidays is to follow through with the established plans. Parents should make every effort to be on time when picking up the children from the other parent’s house. Parents should also purchase the gifts they promised they would. Lastly, parents should resist the urge to let someone else’s last-minute holiday plans — a last-minute holiday party invitation, for instance — interrupt the predetermined visitation schedule. By being consistent with the set plans, parents show their children that they are the priority, which is a message that parents should want to show their children during the holiday season and beyond. If you’re looking for family law advice, you can take away one thing: stick to the plan.

If you are divorcing and need help creating a parenting plan for the holiday season and the remaining parts of the year, you should speak to a custody attorney who can answer your questions, provide family law advice, and help guide you through the custody law process. The knowledgeable and skilled custody attorneys at The Fairell Firm can provide the assistance you need. We serve clients in the metro Atlanta area and Tucker, and we work tirelessly with family law to help you get the outcome you want. Call today at 678.973.2803 or contact us to schedule a consultation.

Pros And Cons Of Legal Separation Before Divorce

Wed, 24 Oct 2018 10:00:00 GMT

Divorce isn’t always a simple, cut-and-dried process. Divorce could be right for you, but it could be a long, drawn-out process. Or maybe divorce mediation or legal separation is the right answer for you. With so many different divorce and custody processes to choose from, it’s understandable to feel overwhelmed.

This is where The Fairell Firm comes into the picture. We offer clear, understandable divorce help so you can make the best decision for you and your family. In today’s blog, we’re going to discuss the pros and cons of legal separation — known in Georgia as separate maintenance — before divorce so you can be more educated. Contact our family law firm in Atlanta for divorce help today.

Learn more about how legal separation works in Georgia , and read the advantages listed below for why separate maintenance may be a good option for you before divorcing.

1. Increased Control Over Finances

Finances are often a source of contention within marriages, and being separated can be beneficial. You can rediscover how you like to spend money and get your finances in order in case you do end up divorcing. This increased control can be reassuring.

2. Potential To Save The Marriage

If you are interested in saving your marriage, separate maintenance can be a good option. It will give you and your partner time to work through issues without fighting as much because you’re in the same household. This isn’t for everyone, but it could work for you.

3. Access To Your Spouse’s Insurance

One of the biggest benefits of a legal separation is that you’re able to remain on your spouse’s insurance. If you do plan to divorce, this can give you some time to work through the paperwork and determine your future insurance — without being penalized for being uninsured.

Divorce is never easy, and separate maintenance has its own downsides as well. Read here for some of the cons associated with legal separation.

1. Decreased Communication

If you do want the legal separation to potentially save your marriage, you may suffer from decreased communication that works against your goal. This will be dependent on you and your partner and how effectively you can communicate.

2. Increased Spending

Yes — we did say you’d have increased control over your finances. But legal separation could lead to increased costs at the same time. You’ll spend money moving, renting, obtaining lawyers, and even for basic shopping costs.

3. Prolonging The Divorce Process

If you are going to get divorced after all, then a legal separation could simply prolong the process in an undesirable way. However, it could make you more prepared for the divorce — you’ll already be moved out and have your finances in order.

Need divorce help? Want to know more about legal separation in Georgia? Our local divorce attorneys can be of assistance. Contact The Fairell Firm today.

How To Get Your Child A Passport Without Parental Consent

Wed, 17 Oct 2018 10:00:00 GMT

When it comes to securing a passport for a minor child, things can get complicated if one parent is unable or unwilling to consent. Whether due to a custody issue, separation, or an uncooperative co-parent, navigating the passport application process with only one parent present is challenging but manageable.

I’ve helped parents through this process countless times. This guide breaks down exactly what steps to take when you find yourself in this situation, so you can move forward smoothly while protecting your child’s best interests.

Short Answer: Can You Get a Passport for a Child With One Parent Absent?

Yes, it is possible to get a child’s passport if one parent is absent. The applying parent will need to provide additional documents depending on the situation. This could include a notarized consent form, proof of sole legal custody , or a court order allowing the passport to be issued without the other parent’s signature.

Attempting to Get The Other Parent’s Consent

First of all — what do you need and why? For any minor child who will be traveling outside of the U.S., both parents have to consent to the travel with a notarized signature on the appropriate forms. This is definitely the easiest, fastest way to go through this process, but, of course, it isn’t always possible. There are two other ways to circumvent this and still be able to obtain a passport without the other parent’s consent.

It’s important to note that only one signature is required if only one parent is listed on the child’s birth certificate. If you have sole custody of your child, you may submit the court order establishing custody with your child’s passport application.

Required Documents and Forms if Your Ex Doesn’t Consent

The key to getting a child’s passport when one parent is absent is having the right documentation. This process can seem daunting, but with preparation, you can make it much smoother. You can find all of the forms listed below by clicking here .

Here are the essential documents you’ll need:

Form DS-11 : This is the standard application form for a child passport. You’ll need to fill it out and sign it in person at a passport acceptance facility.
Form DS-3053 : If the absent parent is able to give consent but cannot appear, they must fill out this notarized consent form. Be sure it’s signed and notarized within the last three months.
Form DS-5525 : If you can’t locate the other parent, or they refuse to sign, you’ll need to complete this form, explaining the special circumstances preventing the other parent’s involvement.
Proof of sole legal custody : If applicable, bring court documents that demonstrate legitimation and show you have sole legal custody or the legal authority to apply for the passport alone.

How to Get a Court Order for Child Passport

If the other parent refuses to sign the necessary forms for the passport, or you simply cannot get their cooperation, you may need to seek a court order. This is a legal tool that can compel the issuance of a passport without the other parent’s consent. The process usually involves filing a petition with the family court, explaining why you need the passport and why the other parent’s lack of cooperation is unreasonable or harmful.

In court, you'll need to present evidence, such as details about upcoming travel or proof that the other parent’s refusal is unfounded. If the judge agrees that the passport is in the best interest of the child, they will issue an order granting permission for the passport to be processed. This court order can override the need for the other parent's signature, allowing you to move forward with the application.

Proof of Sole Legal Custody for Passport

If you have sole legal custody of your child, obtaining a passport is typically more straightforward, as the other parent’s consent is not required. However, you will need to provide specific documents to prove that you have this legal authority. The most common form of proof is a court order that explicitly grants you sole legal custody. This document must be certified and current to be accepted.

In some cases, the child’s birth certificate will show only one parent’s name, which can also serve as proof of sole custody. Additionally, if the other parent is deceased, a death certificate will be required. It’s crucial to bring original or certified copies of these documents to your passport appointment. Having the right paperwork ready will prevent unnecessary delays in the process, ensuring you can secure your child’s passport without complications.

Absent Parent Passport Form: DS-3053 and DS-5525 Explained

When you’re applying for a passport and one parent is absent, two key forms may come into play: Form DS-3053 and Form DS-5525 . If the other parent is willing to provide consent but cannot be present, they need to fill out Form DS-3053 . This is the Statement of Consent, which must be notarized and submitted with a copy of the other parent’s photo ID. It’s important that this form be dated within three months of the passport application, or it will not be accepted.

If the other parent is unreachable, uncooperative, or refuses to sign, you’ll need Form DS-5525 , the Statement of Special Family Circumstances. This form allows you to explain why the other parent’s consent cannot be obtained. It’s crucial to provide as much detail as possible—whether they’ve disappeared, are incarcerated, or refuse to communicate—along with any supporting evidence, such as custody orders or police reports, to bolster your case.

How Do I Get My DS-5525 Approved?

Getting Form DS-5525 , the Statement of Special Family Circumstances, approved can sometimes feel daunting, but with the right approach, it’s entirely doable. The key is providing a detailed and honest explanation of why the other parent’s consent cannot be obtained. This form is often used when the absent parent cannot be located, is incarcerated, or refuses to cooperate. When filling it out, include as many specifics as possible—dates, documented attempts to contact the other parent, or evidence of the situation, such as a custody order or police report.

It’s essential to also submit any supporting documentation that backs up your explanation. For example, if the other parent is in prison, provide proof of incarceration. Be aware that passport officials may ask for additional information or verification, so make sure your explanation is thorough and well-documented. The more concrete and specific your information, the smoother the approval process will be.

What To Do If You’re a Grandparent and Neither Parent Consent

If you're a grandparent with legal custody and neither parent will provide consent for a passport, you can still move forward by submitting proof of your legal authority. This typically involves providing a court order granting you custody. If the court has given you temporary custody, ensure the order explicitly states your ability to apply for a passport. In cases where the parents are unavailable or uncooperative, you may also need to submit Form DS-5525 , explaining why consent cannot be obtained. Having the correct legal documents will help streamline the process and avoid delays.

State-Specific Nuances

In some states, additional legal steps are required when applying for a child’s passport with one parent absent. While federal guidelines apply universally, certain states emphasize parental rights more heavily or have extra requirements. For example, in Texas , the Texas Family Code allows a sole managing conservator—essentially the parent with sole custody—to make decisions about the child’s passport independently. If consent from the other parent can’t be obtained, Texas courts may step in to grant permission via a court order, making the process more straightforward in custody disputes.

Similarly, states like New Jersey often require legal motions to compel an uncooperative parent to participate in the passport process, or they may allow for court intervention if the absent parent refuses to sign. This highlights how important it is to know your state’s specific legal processes in addition to the federal steps.

If you're navigating these waters, it's crucial to consult a local family lawyer who knows the ins and outs of both federal and state law to avoid unnecessary delays.

Frequently Asked Questions

Navigating the process of getting a passport for a child when one parent is absent can raise several common concerns. Here are answers to a few frequently asked questions:

Do both parents need to be present to get a passport for a child?
Typically, yes. However, if one parent is absent, they must provide notarized consent through Form DS-3053 or you must submit Form DS-5525 explaining special circumstances.
Can I get my child a passport without the other parent’s consent?
Only if you have sole legal custody or a court order allowing the passport without the other parent’s signature. Otherwise, you’ll need to follow the steps to obtain consent or seek court intervention.
What if the other parent refuses to sign the passport application?
In cases of refusal, you may need to file a petition in family court to get a court order authorizing the passport issuance.

Final Thoughts

While the process of obtaining a child’s passport with one parent absent can be more complex, it’s certainly manageable with the right preparation and legal documentation. Whether it’s securing consent, proving sole custody, or obtaining a court order, following the correct steps ensures that your child’s passport application is successful. Be proactive about gathering documents and providing as much detail as possible, especially when special circumstances like uncooperative or absent parents are involved.

If you’re uncertain and located in Georgia, feel free to reach out to us for expert guidance!

5 Things To Do After A Car Accident

Wed, 10 Oct 2018 10:00:00 GMT

There’s a lot on your mind right after an auto collision: Stupid drivers! Will my insurance cover this? What is that pain in the back of my neck?

To best deal with insurance and to prepare yourself for the future — especially if you’ll need to file a personal injury claim — it’s vital to be as coherent as possible and take the necessary steps for success. Read here to learn what five things to do, and contact our personal injury firm in Atlanta if you sustain an injury from the auto collision.

1. Call 911

This is the very first thing you should do after checking if the other driver is OK and getting out of your vehicle. If the other driver protests, you need to call anyway. No matter what the other driver says about insurance or whatever else, no matter how much damage there is on either vehicle, it is imperative that you call the police. A police officer can document the accident and damage so you have an official report. If the accident occurs on private property, the police officer can still create an incident report.

2. Request Information

Now it’s time to get friendly with the other driver. Find out their insurance information, driver’s license number, tag number, and the make, tag, and model of the vehicle. Assuming they have their insurance card on them, it’s wiser to take a photo of it rather than write down the information. All of this information will be put to use when you seek repairs on your vehicle and if you need to hire a personal injury firm.

3. Get Witness Information

If there were any witnesses to the auto collision, be sure to get their information as well! If there are any discrepancies on the report, then it could end up being your word against the other driver’s. A witness will be crucial in this situation. Get their name and phone number and even their address if they’re willing. They could be the determining factor in liability of your case.

4. Take Pictures

5. Contact A Personal Injury Firm

Filing a personal injury claim or accident claim can be full of nuanced details and information. The process will go much more smoothly if you hire a personal injury lawyer who can walk you through the work and help you make sure everything is filled out correctly. Our team at The Fairell Firm is ready to help you. Contact our personal injury firm today to get started.

Divorce Help: 7 Terms You May Encounter During Your Divorce

Wed, 03 Oct 2018 17:00:00 GMT

Divorce is a difficult and oftentimes confusing process as it is, let alone once you add in all the legal terms you’re unfamiliar with. When you need divorce help in Atlanta, The Fairell Firm is your go-to for local divorce attorneys who care.

Our team of divorce lawyers in the area is prepared, qualified, and fearless when it comes to helping you file for divorce and follow through with the entire divorce process — starting with this list of terms to familiarize yourself with. Contact The Fairell Firm in Atlanta for female divorce lawyers who can help you with your case.

1. Alimony

Also known as spousal support, alimony refers to the monetary compensation one spouse pays the other following a divorce settlement. This can be determined by the length of marriage, income of each spouse, and/or whether one spouse exited the workforce to raise children.

2. Child Custody

Divorce and custody often go hand-in-hand. There is both legal and physical custody:

Learn more about child custody laws in Georgia and how child custody works.

3. Child Support

Money that one parent is required to pay the other to help with the expenses associated with raising a child is referred to as child support. Learn more about child support laws in Georgia and how local divorce attorneys can help.

4. Contested Divorce

A contested divorce refers to a divorce in which the spouses disagree on how property, finances, or child custody should be divided. Divorce settlements can be hard to reach, and it’s imperative to have a lawyer you trust.

5. Dissolution of Marriage

This term is often used interchangeably with divorce , and it’s the legal term that many of your court documents and files will state. Once you’ve met with local divorce attorneys, filed for divorce , and have completed the entire divorce process, you’ll obtain a dissolution of marriage.

6. Marital Property

This can also be referred to as marital estate . Marital property encompasses all assets — vehicles, homes, and more — acquired during the marriage. Even if the items are only listed under one spouse’s name, it’s still referred to as marital property and is subject to division.

7. Separate Property

Property from before the marriage or certain assets from during the marriage may belong to only one person and are not subject to division. An inheritance received during the marriage, for example, may legally belong to only one person from the partnership.

Divorce Attorney Near Me

Divorce and custody, the divorce process, and more can be overwhelming and confusing. When you have us on your side, you’ll be prepared. Our team of female divorce lawyers will make sure you understand divorce terminology and are prepared for your divorce settlement. Contact us today in Atlanta for divorce help.

Why Legitimation Is Necessary For Your Rights

Wed, 26 Sep 2018 10:00:00 GMT

Family law in Georgia varies from other states in different ways. This can be confusing to the average Georgian when it comes to divorce, child support, child custody, and more.

One way that Georgia law differs is with legitimation . In today’s blog, we’ll cover what legitimation is and just why it’s so important for your rights as a father. If you need family law experts who can help you achieve legal status as a father, contact The Fairell Firm in Atlanta today.

Legitimation Makes You A Father Officially

You may have thought that holding your newborn child, changing diapers over the years, and enduring sleepless nights made you a father. But if you and your partner weren’t married when the baby was born, then you don’t actually have legal standing as a father in Georgia. Here, the biological father is not automatically acknowledged as the father if the baby was born out of wedlock.

You are only a legal father in Georgia if you:

Legitimation is one of the ways to become a legally recognized father. Legitimation is a legal action that lists you as the father, even if you and the child’s mother weren’t married when the baby was born. This is the only way, outside of marriage, to become the legal father to the child and establish legal rights.

It’s important to note that this is not at all the same as adoption. Legitimation can only take place with the biological father of a child.

Here’s Why That Is Important

But your name is on the birth certificate, you protest. Or you took a paternity test, you say.

When it comes to actual proof of fatherhood in Georgia, a legitimation test is the only option. Here’s what not having legitimation could effect:

Legitimation will allow you, the father, to enforce your visitation and custody rights after you and your previous partner have separated.
Legitimation will allow you, the father, to confer an inheritance to your child or from your child to you.
Legitimation will allow you, the father, to be responsible for child support. Once legitimation is finalized, the court will establish your child support duty.
Legitimation will allow you, the father, to make legal decisions for your child — decisions that you would otherwise be left out of.
Legitimation will allow the child to take your, the father’s, last name if it’s in their best interest.

Work With The Fairell Firm In Atlanta

We know you’ve been a father for a while now, but are you ready to make it legal? If so, our family law firm in Atlanta specializes l egitimation and is ready to help. Contact us today.

6 Questions To Ask Your Personal Injury Lawyer

Wed, 19 Sep 2018 10:00:00 GMT

Whether you’re dealing with medical negligence, a slip and fall injury, or another personal injury claim, the entire process of finding the right personal injury lawyer for your case can cause even more pain.

Instead of hiring a personal injury lawyer solely off of how you feel when you met with them, ask these six questions. This will help you determine if the personal injury firm is good for you and your case or if you should pursue other options. Contact The Fairell Firm in Atlanta today for help with your personal injury claims.

1. What do you charge?

Personal injury lawyers typically charge a contingency fee . This means that you will not have to pay any fees unless you recover the monetary damages in your personal injury claim . Then, the fees will generally vary between 25 and 40 percent of the award. Discuss all fees to avoid unpleasant surprises later on.

2. What costs am I responsible for if we lose?

Hopefully, your personal injury case will be successful. If not, will you have to pay any fees? Ask about case-related costs or out-of-pocket costs that you might ultimately have to pay for. Personal injury firms should be open and transparent about anything you may end up paying.

3. Have you handled cases like mine before?

When you meet with a specific personal injury lawyer, ask for examples of cases they’ve done like yours before — and for the success rate. Find out how many went to trial or if any other attorneys will be handling your case. If so, what are their specialties?

4. How much time should I expect this to take?

This can help you determine if the risks outweigh the potential payoffs. An experienced personal injury lawyer should be able to give you an estimate on the potential duration, though it could obviously change. Ask specifically how long it should take on a case like yours.

5. How much time can you spend on my case?

If you think you’ve found the best personal injury lawyer for your case but they are delegating most of the work, you won’t be happy. Ask how often you can expect communication, if you can speak to them directly when necessary, and how many other cases they’re currently handling.

6. How should I handle social media moving forward?

Social media can hurt your personal injury case, so ask for legal advice concerning how you should handle it and then act accordingly. You wouldn’t want to hinder your accident claim by posting a photo online — unaware that it could damage your case — so go ahead and ask.

Do you feel ready? You should. With this list as your resource, we hope you can better navigating finding a personal injury firm in Atlanta for your case. Here at The Fairell Firm, we have a team of legal experts who are ready to give you the time and energy you and your case deserve — contact us today.

Estate Planning and Divorce

Sat, 01 Sep 2018 15:00:00 GMT

Death and divorce: two topics that most people want to avoid discussing for as long as possible. However, if you are an individual with assets whose marriage is ending, then you will have the unfortunate but necessary task of addressing these topics at the same time. Usually, individuals will include their spouses in their asset planning; but when divorce happens, you may want to reconsider whether an ex-spouse receives any type of posthumous benefit from you. Below are a few aspects of estate planning that you may want or need to reconsider after a divorce.

Beneficiaries

Frequently, spouses list each other as the primary beneficiary of financial assets in the event of their death–assets such as 401(k) or IRA retirement accounts and life insurance policies, for instance. Because these types of accounts tend to yield considerable financial benefit, designating the right beneficiary is important. Upon divorce, many people may change their beneficiary to their children or other close relatives.When divorcing, an individual needs to make changes to his or her beneficiaries that are consistent with their wishes. Further, those designations need to directly reflect the same designations listed in the divorce agreement or judgment issued by the court.

Healthcare Proxy and Living Will

A healthcare proxy is a document that allows you to designate a specific person to make all major medical decisions for you, if you you are unable to do so. A living will, also known as an advance directive or healthcare directive, outlines any specific wishes that you may have regarding the type of medical care you receive in an emergency. After a divorce, you may not want your now ex-spouse making those type of important decisions regarding your life, so it is important to make the necessary changes to these documents.

Will

A will includes many designations that may need to be adjusted after a couple divorces. A will specifies who will receive your property after your death, and this information should always reflect your current wishes, particularly after a divorce. A, will also designates an executor for your estate and identifies a guardian for your children, if there are any. Because married couples commonly leave all property to their spouse,there are likely to be many changes to a will, post divorce.

Power of Attorney

If you become ill or unable to handle your own affairs, for any reason, a power of attorney is a legal document that designates a particular person to manage your affairs. Spouses often designate each other as the power of attorney in emergency situations. Thus, if you are divorcing and no longer want your ex-spouse handling your private matters in the event that you cannot, changing the power of attorney after a divorce is a good idea. Changing the power of attorney could simply mean designating a new individual to take over matters, or at the very least, revoking the existing power of attorney.

The end of a marriage requires changes in every area of your life, even in the plans you may have made for the end of your life. Having a knowledgeable attorney at your side to assist you through this major life change is necessary. The experienced attorneys at the Fairell Firm will do guide you through the divorce process and advise you on all of the changes taking place, including changes to your estate planning. Serving clients in the metro Atlanta area, the Fairell Firm lawyers work tirelessly to achieve satisfactory outcomes for their clients. Call today at 678.973.2803 or contact us to schedule a consultation.

Healthy Marriages

Mon, 27 Aug 2018 20:34:00 GMT

We are switching it up a little this month. Usually, Fairell Firm attorneys are guiding clients through divorce or assisting clients with child custody or child support issues. We serve clients mostly in the areas that arise after the break-up of a family. But while post-dissolution issues may be our main focus, we also understand the importance of maintaining a stable married life if our client chooses to have one. Our clients sometimes remarry after divorce, or, just before crossing that divorce threshold, decide to call off the divorce and give their marriage another try. That’s why this month’s post is dedicated to marriage and how to make it better. Based on our experience dealing with marriage dissolution, here are a few areas that we notice seem to be vital for a healthy marriage.

Intimacy

An important part of being able to fully serve our clients needs in divorce matters is simply listening to their stories. In conversations with so many of our clients, part of what signals the beginning of the end is the lack of intimacy. Many clients noted how they and their spouse just stopped sharing with each other. They stopped talking about hopes and dreams for the future, their fears and their personal thoughts and feelings about various life issues. Clients often talk about how the lack of intimacy with their spouse made them feel as if they were roommates with their spouse rather than life partners. Continued intimacy is key in maintaining a healthy marriage. Tell your spouse what you’re thinking, what you hope for the future, what you’re scared of. Let your spouse see the vulnerable parts of you, and don’t be afraid to show them who you are. And your spouse should do the same in return.

Money

Money is a major issue in marriages. We see couples struggle with how to manage it–when and how much to spend and save, whether they should have joint accounts or separate, and many other money-related issues. Often couples cannot agree on their roles in handling money. Will one spouse take the main role–handling budgeting and paying the bills while consulting or checking in with the other spouse? Or will both spouses pay bills and keep track of monthly expenses? Often spouses bring opposite but complementary skill sets to the marriage. Is one spouse better at keeping up with the finer details, while the other is better at long term planning? Use those differences to complement each other in money management, not as a source of conflict. Is there a primary earner in the family? Does he or she have all that they need to feel supported and not succumb to the pressures of providing for the family? So many couples wished they had had more financial discussions prior to marrying, so that each partner would know what their role and function would be in terms of merging the finances into one household.

Transparency

In speaking with our clients, we have also noticed that marriages break down when spouses are no longer open and honest with each other. Transparency is important in every aspect of marriage. Include even the smaller details–like telling your spouse that you went out to lunch with coworkers during the day, or stopped off at the mall before heading home–in your conversations with your spouse. It is important for your spouse to be reassured that you are not hiding anything from them. Creating and building trust is essential in a marriage and trust is created when both spouses are open and honest with each other.

The above observations come from clients who have tried everything to save their marriage, but were ultimately unsuccessful. If you find yourself in a similar situation, the Fairell Firm is here to assist you with your legal needs. Let our skilled, experienced attorneys guide you through the divorce process. Call today at 678.973.2803 or contact us to schedule a consultation.

Legal Separation And Divorce In Georgia

Wed, 22 Aug 2018 10:00:00 GMT

Not sure if divorce is the correct step for your relationship, but equally unsure of what legal separation actually entails? We can help.

The Fairell Firm is a family law firm in Atlanta, and we’re committed to helping people find the right solutions for their family. We can handle everything from divorce and custody in Georgia to personal injury. If you have any questions or are ready for divorce help, contact us today.

Georgia Courts Don’t Recognize Legal Separation

Legal separation is not an official action Georgia courts can grant. Legal separation simply means you and your spouse no longer engage in marital relations. There is no required timeframe. You can live in the same house, but not in the same room.

To file for divorce in Georgia, you have to be legally separated. This legal separation, however, is determined by something called separate maintenance action .

Separate Maintenance Action Is An Option

Whether you want to separate but not divorce or you’re separating with the intention of divorcing, separate maintenance action is the appropriate move.

There are several reasons you may want a separate maintenance action instead of a divorce:

Through a separate maintenance action, a judicial determination with will separate spouses and detail how support will be provided. You will not be divorced from your spouse .

Many people will choose not to divorce at this time so they can retain some legal benefits, such as insurance.

Divorce Is The Next Step

If you don’t wish to have a separate maintenance action long-term, then divorce is the next step. In order to divorce, the separation must be maintained and the specific date of separation can be important to record. Be sure to choose a verifiable date.

Your separate maintenance action, which is essentially legal separation, can be a clear outline of how both parties wish to proceed. Thus, this can make the divorce process go much more smoothly.

Filing for divorce, even with a previous separate maintenance action, can be confusing and overwhelming. If you’re sitting on your couch searching for “divorce attorney near me,” then The Fairell Firm is to the rescue with divorce help. Our female divorce lawyers are compassionate, experienced, and they’re committed to helping you find a safer, healthier, and happier home situation. Contact us to have local divorce attorneys in Atlanta on your side throughout the divorce process.

5 Tips For Making Joint Custody Work

Wed, 15 Aug 2018 10:00:00 GMT

Your ex is late dropping off your child — again . On top of that, your child left homework and soccer shoes at your ex’s house. Now you have to drive all the way across town to pick them up, which takes time out of your crazy schedule.

Sound familiar?

If you’re struggling to make joint custody work effectively with your ex, this blog post will help. Our family law firm in Atlanta is focused on helping you through difficult custody situations, both in the office and online. Read today’s blog post for five tips on handling joint custody, and then visit The Fairell Firm in Atlanta if you’re in need of family law advice, you’re filing for custody, or more. Our female attorneys are compassionate and experienced, so contact us today for help.

Put Your Children First

Prioritizing your children and their needs covers a wide range of topics, but we think it’s pretty self-explanatory. Your schedule and convenience are obviously important, but your children top that. If something alters your schedule but makes their lives easier or more productive, it’s probably wise to do that. Be flexible if they need to be with your ex for some reason even though it’s your day.

Don’t make sure their time with you is only filled with fun and all the “hard parenting” is left for your ex. This can mean a lot of different things, but make sure you’re doing homework with them, volunteering at their school, helping with projects, and, yes, still making them do chores.

You have a responsibility as a parent to guide your children into adulthood. By prioritizing their needs and teaching them to be hard workers, you can do just that. You’ve had kids — so it’s simply not about you anymore, even if you’re separated from your ex.

Respect Your Ex

This tip is especially important because it’s healthy for you, good for your ex, and vital for your children. Try to avoid speaking ill of your ex whenever possible, but especially around your children.

Your ex spouse may not be an important figure in your life anymore, but they’re still the parent of your child. Your children deserve the chance to think positively about their parent, and your ex deserves the chance to be a good parent. Just because your ex was a bad spouse doesn’t mean that they’re a bad parent. By speaking poorly of them, you can damage your children’s opinion of their other parent.

As you speak respectfully of your ex, your ex is also more likely to speak respectfully of you when around your children.

Communicate Well With Your Ex

Georgia child support laws can be difficult enough as it is. Don’t complicate the laws further by refusing to communicate well with your ex. This will be easier if you’re actively trying to follow the second tip on this list (respect your ex).

When you communicate well together, your children will learn healthy communication, even during disagreements, and the joint custody will go more smoothly, which will simplify your children’s lives.

Communicating well can lead to fewer potential arguments, better timing with drop-offs/pickups, and more flexibility when there’s a problem with your schedule. You will, of course, still have disagreements. And, more likely than not, communication hasn’t always been an especially strong area for the two of you; pick your battles, learn when to talk through it, and learn when to just move on. As you work to develop your communication, your children and the joint custody will both benefit.

Communicate Well With Your Children

You’re far from being the only one affected by child custody. Your children deserve to be spoken to openly, honestly, and often. Ask them what they’re feeling, how they think the situation could improve, and how you can help.

Even if your children are young, this is still crucial. Children are developing their future communication skills, habits, and ways of thinking. These younger years are a significant building block.

As your children grow older, continue to build on this foundation of open communication, and make sure you’re actually listening to what they say. For example, they may specify that they want to spend more time with your ex or want another change you may not have expected. Listen to their reasoning and respect their decision if it’s safe and OK to do so.

Personalize The Custody Agreement

Over time, you’ll see how the custody agreement can or should change to better meet your ex’s, your children’s, or your needs. Whether you need a child custody lawyer to do so or it’s a less formal change you and your ex can agree upon is up to you. After all, you’ve been honing and improving your communication skills over the years!

You can review and adjust legal custody according to:

If you need family law advice when navigating these changes, The Fairell Firm can help. Agreeing to these changes verbally with your ex is wonderful, but having child custody agreements drawn up in writing can be beneficial in the future, so you may need to meet with a child custody attorney.

Need family law advice? Or are you at the beginning stages of filing for custody? Reach out to The Fairell Firm in Atlanta for help with family law.

5 Reasons To Be Completely Honest With Your Divorce Lawyer

Wed, 18 Jul 2018 11:00:00 GMT

Divorce is hard — there’s simply no way to sugarcoat it.

It will be even more difficult, though, if you’re not honest and upfront with your lawyer throughout the entire divorce process.

At The Fairell Firm in Atlanta, we aim to guide you through the divorce process as smoothly as possible. To do this, we need you to be completely honest with our local divorce attorneys. This will save you time, money, and energy overall, and it could even secure you a better divorce settlement for your situation. Contact us today for divorce help, and read our blog for five reasons why it’s worth it to be honest when it comes to divorce.

1. You Can’t Hide The Truth Forever

We recognize how difficult it can be to open up and share your deepest, darkest secrets or embarrassing facts with someone whom you don’t know very well. However, domestic violence, infidelity, and other uncomfortable truths will come to light eventually. Wouldn’t it be better if it came up with your personal divorce lawyer rather than in the court during questioning? Get it over with it and be honest now, and you’ll save time and money later on, as well as being better prepared for divorce court.

2. Your Lawyer Has Probably Heard It Before

Local divorce attorneys hear it all. There’s no need to be embarrassed and not share something for fear of what your divorce lawyer will think. Here at The Fairell Firm, our female divorce lawyers have worked with women from all over Atlanta who have told their stories as well. Find your voice — even if the story embarrasses you initially — and open up to us. It’s in your best interest.

Besides, when you talk with your divorce lawyer about something that’s uncomfortable for you to talk about, you’re more likely to feel less flustered when the same topic comes up in divorce court.

3. You Want Your Lawyer To Be Prepared

Divorce lawyers spend hours preparing for cases and ensuring they represent you best in court. They can’t do that, though, if you’re not forthcoming with information. Whether you think the information will help or harm your case is inconsequential; that’s for your divorce lawyer to decide. Then, your lawyer can handle the information in the best way possible and not be hit with any uncomfortable surprises in divorce court that could damage your case more than if you had been honest in the first place.

4. You’re Paying Your Lawyer

Time is money, and the divorce process is no exception to this rule. Each time you meet with your divorce attorney, you pay. If your divorce process is drawn out and takes more time because of your initial dishonesty, it’ll cost you. You’ll have paid for the wasted time and potentially even taken time off of work for which you weren’t paid. In addition, you’ll pay for time to correct errors and you may not even end up with as good of a divorce ruling as you would’ve liked.

You can also be honest about your financial situation if, for example, your spouse made the majority of the household income. Doing so could potentially secure a billing process that’s more manageable for you.

5. You’ll Be More Comfortable Later On

We touched on this earlier, but it couldn’t be more true. You’ll have to tell the truth in court when under oath, so go ahead and get comfortable with telling the truth now. You’ll also have less stress and anxiety in your life and in the court if you’re honest with your divorce attorney. By not telling the truth — or the complete truth — you’ll always have to remember whom who told what and you’ll have the added pressure of keeping your stories straight.

You could also be more comfortable and pleased with your divorce settlement later on if you told the truth throughout the divorce process.

Want to meet with a female divorce lawyer in Atlanta? The Fairell Firm is just what you’re looking for. We’re a Top Rated® Local for Georgia attorneys and we have extensive experience with divorce laws in Georgia . We’re qualified to handle the divorce process and it’s easy to be honest with us; don’t take our word for it though — see what our clients are saying .

4 Ways To Handle Not Getting Child Support From Your Ex

Wed, 04 Jul 2018 10:00:00 GMT

Once you’ve gone through the divorce process, established custody agreements, and learned Georgia child support laws , the last thing you want is for your ex to fall through on child support payments. After all, you rely on this money to help you get by each month.

If this is the case for you, it may be time to look into family law and see if you have a case. At The Fairell Firm in Atlanta, our local attorneys can help make sure you’re getting the child support payments you deserve to receive. Read our blog today for four ways to handle this situation, and reach out to us to get started or to ask any questions you may have.

1. Accept Whatever Payment Your Ex Can Pay

Of course you want the full payment each month — that’s perfectly reasonable. If your ex-spouse isn’t capable of or willing to pay the full amount , though, see if at least some of the child support can still be paid. It’s fine to accept partial payments, but keep track of all payment records carefully. If child support lawyers are involved later on, these records will be vital.

Child support payments can legally be decreased (perhaps due to a job change with lower pay, etc.), but all payments up to that date should be paid in full. Payments can also be increased later on (if, say, your ex were to get a better-paying job once more).

2. Don’t Factor Child Support Into Your Budget

This may be easier said than done, but it really will help you and your children financially if you don’t rely on these payments. In a perfect world, you would, of course, be able to plan on receiving child support payments each month; if your ex regularly falters on payments, though, do yourself a favor and don’t depend on them.

If you don’t plan on this money coming in, then you’ll hopefully have enough money to stay afloat each month because you planned your budget appropriately. When the payments do come in, then, it will be extra money on top that can go toward savings, debt, or your child’s expenses.

If your ex-spouse establishes a pattern of regularly paying child support, then go ahead and plan on it within your budget. Living as though you don’t have it though, whenever possible, means more money you can save, more cushion for hard times, and less dependence if child support ever ends for some reason.

3. Discuss Options With A Family Law Attorney

Our child support attorneys at The Fairell Firm will work tirelessly to offer family law advice, see if you have a case, and help you through court. Whether you’re interested in modifying, enforcing, or challenging your current child support order, you have a friend in Atlanta who can help you understand the legal process involved in child support payments.

4. Don’t Cut Ties With Your Ex Who Isn’t Paying

If your ex-spouse is involved in your children’s lives, then keep it that way. It may be hard to not harbor anger or resentment, especially when you’re not receiving your child support payments, but it’s important to let your ex stay involved.

If you exclude your ex from your child’s life, you don’t just punish your ex; you also punish your innocent child. Encouraging their connection will also be a reminder to your ex of love for your child and will help your ex stay invested. When your ex knows what’s happening in your child’s life, you’re more likely to receive either full or partial child support.

When your ex isn’t paying child support and you’re ready for a change, we’re here for you. We hope you’ll follow these four tips and contact us today. We have years of experience practicing family law in Atlanta, and we’re eager to help you succeed.

Personal Injury Case Checklist

Fri, 15 Jun 2018 14:14:00 GMT

Personal injury cases are often complex.

Most of the time, the reasoning behind the complexities lies in the fact that there are so many factors to consider in the case — from the circumstances of when and where the injury occured, what damages were caused as a result, and whether or not there were witnesses and/or supporting evidence to the event.

Those are just some of the reasons why you need a trusted personal injury firm. At the Fairell Firm, our Atlanta personal injury lawyers are there from the start to help you navigate the ins and outs of your case.

Starting with the discovery process, our Atlanta PI firm works with you to gain a better understanding of your situation, your interests, and what a fair resolution would be.

But before you start, it’s important that you know how the process works. In this blog, we’ll provide a few tips and even a handy checklist to help you build your case and get the compensation you deserve.

In the event of a personal injury that left you disabled or impaired through no fault of your own, contact the PI team at The Fairell Firm to see how we can help.

Georgia Personal Injury Laws

Because we operate in the state of Georgia, it’s important that we start by educating you on the basics of personal injury law in our area.

One of the first things to consider after an accident or personal injury event, particularly one that occurred through no fault of your own, is the fact that there is a statute of limitations in place for these types of cases.

In Georgia, the statute of limitations for an injury to person is two years — meaning that is the maximum amount of time that can pass between when the injury occurred and when a claim can be filed.

This makes some cases tricky, particularly when the extent or effects of the injury aren’t immediately known.

But with proper documentation and evidence, personal injury cases still find successful resolutions.

Now that we know the laws a little better, let’s dive into a checklist of things you need to accomplish when establishing a personal injury claim.

Step 1: Police Reports

This is the first, and one of the most important, steps to take after an accident. Whether it’s a vehicle accident, a slip-and-fall, a work injury, or something else altogether, it’s imperative that you file a police report.

This helps establish who was at fault in the accident as supported by initial statements, witnesses, and other evidence.

Step 2: Medical Documentation

Most personal injury cases involve, well, physical injury. In cases such as these medical records can play a crucial factor in getting a fair resolution and potentially even financial compensation from the case.

Be sure that you bring all of the requisite medical records (including hospital bills and other medical expenses) when meeting with your personal injury attorney.

Step 3: Evaluating Damages

The next step is working with your PI lawyer to determine what damages occurred as a result of the incident. As we stated above, many personal injury cases involve some sort of physical injury, but that doesn’t always have to be the case.

Personal injury cases can also lead to damages such as:

Step 4: Discovery

The gathering of witnesses, photo evidence, and other relevant information is another focal point in any personal injury case. It’s important that you get contact information for witnesses and gather any other piece of evidence — legally — that might be able to help your case.

Step 5: Work With Your Attorney

Your personal injury lawyer will help you through every step of the process, from filing the proper documents to filing motions to negotiating a fair settlement .

If you need help with your case, contact our Atlanta personal law firm today.

How To Tell Your Children About Your Divorce

Mon, 07 May 2018 15:23:00 GMT

Divorce can be painful, emotional, stressful, and sometimes even hostile.

With around half of marriages ending in divorce, we know that sometimes this is the most logical and even unavoidable conclusion for many couples.

Sometimes it’s easy and straightforward; other times, it’s complicated and messy. This is especially true in cases involving children.

But with the right approach, it can be a civil endeavor. At The Fairell Firm, we provide superior divorce help in Atlanta backed by compassion and a steadfast commitment to the best end result for you and your children.

Continue reading for a few tips on what to tell your children about your divorce, and contact our family law attorneys today for divorce help you can count on.

Plan The Conversation

The first step is deciding that the divorce is going to happen regardless of circumstances or compromise. Once you know that you and your former spouse are going through with the proceedings, it’s time to plan when and where to tell your child or children.

If possible, it’s best to have both parents in the room at the same time when presenting this massive change. This is something that is going to drastically affect your child, so it’s best to think about how they might react and what you might want to hear if you were in their situation.

In situations where multiple children are involved, researchers say it’s best to tell all the children at the same time, rather than telling just one (say, the oldest). They are going to have to be confronted with the truth at some point, so it’s best to not wait.

Be Honest

Once you have an idea for when, where, and how this conversation will take place, it’s time to think about the most important things to say.

Any parent will tell you that all they want is for their child to be happy, and sometimes this characteristic can lead to us bending the truth in order to avoid discomfort or pain. This is unwise in this situation, however.

There’s simply no way to know how exactly your child will react to the news, but honesty will go a long way in how they remember this life-altering moment. Let them know that this decision was not arrived at easily, and explain to them the details of the separation if those have already been sorted out.

Most importantly, let them know that this is in no way their fault.

Reinforce Your Love

After your child gets an understanding of what’s going on, now is the time in which you comfort your child.

Let them know that, above all else, you love them just the same. This has nothing to do with them, nor will it ever change how you feel about the child. Let the child know that you are in this together. In addition, answer whatever questions your child may have about the situation.

Keep in mind that one conversation will likely not be the end of it — it’s important that during this time you provide them extra attention and affection in order to help them understand the situation without stress or additional pain.

Avoid Blame

One thing that you should never do is badmouth your former spouse in front of your child. This can lead to misgivings and anger, or even resentment in later years.

Both parents should present a united front whenever possible. This lets the child know that everyone is in this together. Blame is not going to get you any closer to a peaceful resolution.

Address Changes

Finally, end the conversation by acknowledging to your child that changes will be inevitable. Many researchers and professionals find it’s best to maintain the same routine whenever and wherever possible. Still, it’s safe to assume that certain aspects of life will be different.

If you and your ex have already devised a parenting plan, let the children know the details. That includes things like the living situation, custody, and where the child will be going to school.

Children crave and thrive under structure, so addressing these changes will help prevent further confusion or stress on the child.

If you need additional divorce help in Atlanta , simply contact the dedicated, compassionate attorneys at The Fairell Firm. We’re here to help you.

How To Deal With Joint Custody During The Summer

Thu, 03 May 2018 21:07:00 GMT

Summer time means adventure time.

Kids of all ages look forward to summer all year-round. The weather is nice (if not hot and muggy here in Atlanta), the days are long, and best of all school is out!

This is the time of year where unforgettable memories are made and lasting relationships are formed.

However, the hype around spending all summer long with your child can be quelled quickly when dealing with a joint custody situation.

No split is ever easy, but when your kids are involved, it becomes exponentially more difficult.

But hopefully, you and your partner went through with a joint custody resolution, which allows both parents to remain heavily involved in the child’s life.

In this blog, we’re going to take a look at a few ways in which you (and your child) can get the most out of your time together this summer, even with a joint custody situation.

If you’re in need of help with a family law issue in Atlanta, contact the Fairell Firm . We are the partners you deserve and specialize in cases ranging from divorce, to child custody, to child support, to legitimation , to personal injury.

Find Child Care

Like we touched on in an earlier blog, there are a number of different factors that parents should consider when choosing a summer day care for their child or children.

While your child may be out of school for the next few months, your career unfortunately can’t be put on pause in order to spend all day and all night with them.

Among other things, parents in a joint custody situation should work together to find a summer daycare that is affordable, all-inclusive, and reputable.

That way, you know your child is still being well taken care of when you or your former partner can’t be there.

Decide On A Schedule

Each parent is going to want to spend as much time as possible with their child during the summer months.

But again, there are a number of different factors which play into the visitation scheduling. The first thing that needs to be consulted is the parenting plan, which is the schedule you and your ex-spouse devised during the custody proceedings.

The parenting plan should have the schedule for every day of the year, including the summer, and should take into account both parents’ working situation, home environment, and other factors.

If you have a trip planned for you and your child, make sure you have it on the schedule well in advance and that it has been approved by the other parent and/or the court.

Consider The Child

While you may want to spend more time with your child over the summer, you also have to consider what is in their best interest.

Don’t get upset or frazzled if they actually look forward to spending some of their summer with the other parent; it’s a delicate and emotional situation, after all, and the child’s well-being should always come first.

Be willing to communicate with the other parent about any vacations or other activities you have planned, and keep them in the loop about any other decisions regarding the child’s health, education, or activities.

When it comes to issues regarding family law in Atlanta , the dedicated attorneys at the Fairell Firm are here to help.

Contact our family law team today if you need assistance with your summer parenting plan or custody case.

What Is A Parenting Plan?

Mon, 30 Apr 2018 18:31:00 GMT

Under the laws of the State of Georgia, parents who are going through a divorce must draft and enact a comprehensive parenting plan. This is true if one parent has sole custody, or if parents are sharing joint custody.

But what exactly is a parenting plan? In this blog, the family law experts at The Fairell Firm will help you better understand the aspects of a parenting plan so that you and your ex-spouse can work together to find what’s best for your child (or children).

When it comes to divorce help in Atlanta , The Fairell Firm is the partner you deserve. Contact our experts in divorce, child custody, and child support today.

Why Parenting Plans Are Required

Parenting plans are a necessary aspect of any case regarding child custody. Whether the parents are working together to create a parenting plan, or each parent is submitting their own, the plan is what signifies that there are steps in place to ensure that the child (or children) is cared for properly.

After a parenting plan is submitted to the court, the judge will either approve or disapprove. If approved, the judge will make it a court order and those will be the guidelines by which each parent will operate with regards to custody.

What To Include In A Parenting Plan

There are many factors and decisions which should be carefully considered when drafting a parenting plan. After all, this will be one of the biggest determining factors in how your child is raised and cared for. And, the court will always make sure that the child’s best interests are always at the forefront of any divorce or custody case.

A few things that should be included in every parenting plan include:

Determining Best Interest

Again, the court will want to see that your parenting plan has the best interest of your child in mind at all times.

A few factors which could determine, in the judge’s mind, what’s best for the child include:

If are in the Atlanta area and are in need of divorce help or assistance with a parenting plan, contact The Fairell Firm today.

Understanding The Different Parenting Styles

Mon, 23 Apr 2018 15:56:00 GMT

Every parent wants them. Parents are often envious when they see other parents with them. They make our lives so much easier, but at times they seem to hard to obtain. We dream about them and work so tirelessly to get them. No, we’re not talking about additional hours of sleep (although that too, is a thing). We’re talking about obedient children. While no two parents are alike, researchers have discovered that parents’ behavior tends to fall into one of four categories when it comes to disciplining their children and trying to make them more obedient.

In this blog, we’ll take a closer look at the different parenting styles with the key understanding that different parenting styles can clash and sometimes cause issues. If you are dealing with a child custody or family law issue in Atlanta, contact The Fairell Firm for help.

Authoritarian

This type of parenting style is considered more of the traditional approach to parenting. When it comes to discipline, the parents make the rules and expect the children to obey them with little consideration of the feelings of the children. Children are expected to follow the rules with no discussion regarding why a particular rule is in place or how the rule can be adapted to give more consideration to their desires. This method is more of the “do what I say and don’t ask any questions” version of parenting. Some characteristics of this parenting style include: having strict rules, often engaging in power struggles with children, strictly enforcing rules and then giving harsh punishments when children do not obey, and not communicating expectations with children.

Authoritative

This parenting style is more child-centered, with parents giving more consideration to their children’s feelings and engaging children in the rule-making and problem solving process. Authoritative parenting focuses more on teaching the child to be the decision maker and models thinking through problems and finding solutions. Authoritative parents explain why the child should follow the rules in place rather than just simply instructing the child to obey. Under this model, failure to follow the rules results in a related consequence rather than a punishment. Authoritative parenting looks like: listening to your child’s perspective, but remaining firm until the child does the task that they’ve been asked to do; having flexible rules but also making clear, direct requests.

Permissive Parenting

Permissive parents tend to take a more hands-off approach when it comes to their children’s behavior. Also, permissive parents are much more lenient, allowing their children to have their way most of the time, and only enforcing consequences when the behavior issue is more serious. Permissive parents tend to be less consistent with enforcing consequences for undesirable behavior and will give in to their children’s desires often to avoid confrontation. Permissive parents often beg their children for cooperation, get flustered with their child’s behavior, and are inconsistent with their expectations.

Neglectful Parenting

This type of parenting tends to only occur in the most extreme cases. Neglectful parents fail to care for their children’s emotional and physical needs. Neglectful parents are not aware of what is happening in their children’s lives; they often do not know their children’s teachers or friends. These parents may spend long periods away from home or leave their children home alone often. Researchers recommend parenting education for neglectful parents to help them engage with their children and teach them how to provide a loving home environment for their children.

Parenting is challenging and often cited as the toughest, but most important, job there is. While no parent is perfect, we are all tasked with trying to be the best parent we can to our children, providing a safe and loving environment for them and teaching them how to be good, kind individuals. We at the Fairell FIrm believe that the first step to good parenting is spending time with your children. The Atlanta-based attorneys at The Fairell Firm can help you successfully work out child custody or other family law issues that may be affecting the time you spend with your children. Call today at 678.973.2803 or contact us to schedule a consultation.

Can You Get A Divorce Without Going To Court?

Sun, 25 Feb 2018 20:21:00 GMT

When you think of divorce, chances are you think of a messy, ugly, and long-drawn-out process which takes months out of your life and valuable resources that you’d rather not part with.

However, there are alternatives to this process — provided, of course, that both have come to an amicable and civil agreement.

Divorce is rarely a happy occasion, but if you and your partner both agree that it is in your best interests (and potentially in the best interest of your child or children), it can be the best option at a given time. Furthermore, it can be a simpler process than is often portrayed in courtroom dramas, films, and television.

But is avoiding court altogether possible? The short answer is yes. Keep reading to learn more and contact The Fairell Firm in Atlanta for divorce help and legal advice that is customized for your situation.

How You Can Avoid Court

With any luck, your divorce process will go as smooth as can be. This process can be simplified if you and the other party (your spouse) are in agreement about all of the logistics regarding the divorce.

This means you two are going through an uncontested or “no fault” divorce, which means that the terms of the divorce are amicably agreed upon by both parties and there is simply no chance for reconciliation.

Knowing whether your divorce is uncontested or contested — meaning one party is claiming that there was just cause for the divorce (i.e. infidelity, cruel treatment) — goes a long way toward determining how the rest of the process will go.

However, just because you can avoid the hassles and stresses of the court with an uncontested divorce doesn’t mean you can avoid paperwork altogether.

Even if you are petitioning for a no-fault/uncontested divorce, you still have to file the requisite paperwork to the court. The good news is, as long as the terms of an uncontested divorce are fully satisfied, there’s a high likelihood that the divorce will be finalized quickly and most county courts won’t require either party to go into court to grant the divorce, provided that you have a divorce attorney.

Things To Remember

When filing for an uncontested divorce, the court is going to want to know that you and your spouse have a plan for dividing your assets. Otherwise, it could be considered a point of contesting and they will require you to enter the courtroom to present your case.

Some things you and your spouse will need to decide include:

Property division
Custody and how to tell your children
Finances, including assets and debt division
Child support/alimony

Finding common ground or even coming to a resolution can help the process remain simple, quick, and out of the court entirely.

Atlanta Divorce Help

Even if you are looking to file an amicable, uncontested divorce, it’s still important (and in many cases necessary) to have a divorce lawyer on your side.

If you need divorce help in Atlanta , the Fairell Firm is the team you can count on. Our passionate, dedicated, and steadfast lawyers will provide thorough advice and assistance throughout the divorce process.

Contact our Atlanta divorce lawyers today and get the help you deserve.

Dividing Assets In A Divorce: What To Consider

Tue, 20 Feb 2018 19:36:00 GMT

Divorce is never easy.

While it is sometimes the best option, there are still a whole lot of stressful, overwhelming aspects to consider before it’s all said and done. One of those things is the division of assets including property, money, vehicles, investments, and even debts.

When it comes to divorce help, the knowledgeable and passionate Atlanta divorce lawyers at the Fairell Firm are second to none. Our team has the resources and fervent dedication needed to help you achieve a favorable resolution when it comes to property and asset division during a divorce.

And because we know that sometimes things can get emotional and potentially hostile, you can count on us to remain discreet, professional, and supportive at all times. If you need divorce help in Atlanta , reach out to The Fairell Firm to book an initial consultation.

That being said, here are just a few things to consider about dividing assets before, during, or after you sit down with your divorce attorney.

Property Division

If you and your spouse own a home together, one of the first questions which will crop up during the process is, “Who gets the house after a divorce?”

While there is never a clear cookie-cutter answer that can be applied to every single divorce case, there are some common threads which may be applicable to a number of cases.

Property division can be one of the most contentious parts of a divorce, largely because it’s something that both parties worked hard for and invested so much into.

The State of Georgia recognizes two types of property with regard to divorce: separate and marital.

In instances of separate property, the court recognizes that one spouse either had this asset (i.e. a home) prior to marriage or they purchased it alone with his or her own money.

Marital property, then, is anything which was purchased during the marriage with joint contributions.

One thing that’s also important to consider is that Georgia is an equitable division state, meaning the common idea that everything will be split equally doesn’t apply here. Instead, courts divide the property and assets based upon what seems fair and equitable.

Because of this, property division during a divorce in Georgia can be difficult and contentious. Contact our divorce law firm for steadfast divorce help in Atlanta today.

Further Reading:

Equitable Division

Touching once again on the concept of equitable division, the laws of Georgia are somewhat unique when it comes to splitting assets in a divorce.

The presiding judge will ultimately make a ruling based upon what they believe is fair and equitable, though a number of factors go into making that decision.

Some factors which may go into who gets your property and other assets may include:

What About Benefits?

Retirement benefits, bank accounts, and other investments can also be a hot-button issue during a divorce. Because of the equitable division laws in Georgia, this means that one party may be subjected to a certain percentage of these benefits, or nothing at all. Again, it all depends on the court’s definition of fair and equitable — which, very rarely, also means the same thing as equal.

If you are going through a divorce and feel overwhelmed by the distribution of assets and property, contact The Fairell Firm . We are here to provide top-notch divorce help in Atlanta. Give us a call today.

Divorce Help For Mothers

Sat, 10 Feb 2018 19:02:00 GMT

Divorce is rarely a simple, painless process.

While there are some instances in which the divorce is amicable and things remain relatively friendly, the majority of divorce cases invoke a bevy of emotions from anger to denial to heartbreak. These proceedings are further complicated when a child or children are involved.

Generally speaking, every mother wants what is best for their child. When it comes to a divorce, that’s where things can get tricky. With custody and child support claims potentially on the horizon, you want to make sure you are doing everything you can through the divorce in order to help put your child at peace and in a position to be fulfilled during this difficult time.

At The Fairell Firm, we are dedicated to providing personalized divorce help to our clients in the Atlanta Metro area. These services are available to anyone who is seeking divorce help from a trustworthy, passionate law firm, but in this blog we are going to focus on providing some general advice to mothers who may be considering, or already going through, a divorce.

Keep reading to learn more and contact The Fairell Firm today for representation you can trust and a level of service you will love.

Get Educated

One of the most crucial steps that is missed by many mothers going through a divorce is to become educated on the Georgia divorce laws and their ramifications.

As a mother, and as a female filing for divorce, you are entitled to many rights. Knowing exactly what they are, and how they factor into the case, can help you achieve a favorable outcome for you and your child.

At The Fairell Firm, our Atlanta divorce lawyers not only fight for your rights, but also educate you on them with open communication and professionalism.

Stay Calm

This can be a trying time for you, your child, and indeed your entire family. It can be easy to panic and slip into hysteria because you may not know exactly how things are going to turn out.

However, this is where that education kicks in. Once you know the laws, your rights, and have a better grasp of the situation, you can begin piecing parts of your life back together.

Don’t Be Intimidated

There is always a chance that the other party will be looking to take advantage of your vulnerability. Don’t let them.

You should never take a settlement just for the sake of moving on. You have rights, and your child has rights, and it’s important that you have a steadfast lawyer on your side to provide the necessary divorce help you need in order to protect those.

Whether you are looking for full custody, property rights, or something more, make sure your demands are heard and validated with just cause.

Our lawyers are here to achieve a favorable outcome for you, not to simply collect a check — so remember that you have someone by your side and don’t concede your ground.

Think Of The Child

Hopefully, your divorce proceedings never become volatile.

Perhaps it is even an amicable separation for you and your former spouse. In these instances, and even in the more difficult scenarios, it’s important to always think of the children first and foremost. What is going to be best for them as a result of this situation?

You may want to assess the value of visitation rights, joint custody, and more to ensure your child knows that they still have a loving family which supports them.

Seek Dedicated Help

Going through a divorce can be one of the most emotionally and physically draining events in your life. These proceedings have a tendency to get messy and difficult at times, which is why it is not something you should undertake without careful consideration as to who will be by your side.

You should start the divorce process by finding a dedicated divorce lawyer who can help defend not only your rights, but the rights of your child as well.

At The Fairell Firm, you can assure that our divorce help comes with all of that and more. Here, you are more than just a case file — you are a priority. We cherish each and every one of our clients, and we take into careful consideration the delicate matters involved. You can always rely on our Atlanta divorce attorneys to be discreet, professional, and attentive to your needs throughout this process.

Contact The Fairell Firm today for all of your Atlanta divorce help needs.

What Are Child Custody Laws In Georgia?

Mon, 15 Jan 2018 14:06:00 GMT

Fighting for child custody can be an extremely emotional and time-consuming process for parents who simply want the best for their children and family.

When it comes to divorce, legitimation disputes, or other family law issues in Atlanta, there’s one place that you can always turn to for help along the way: the Fairell Firm. Our dedicated family law attorneys will help you fight for your rights, as well as the rights of your child, in a steadfast manner.

But first, it’s important to get to know the child custody laws in Georgia, and how they might come to impact your case. In order to help you do that, we’ve compiled a primer regarding the child custody laws in Georgia. Of course, every case is different.

So if you’re dealing with a child custody case, contact the Fairell Firm immediately. Our firm specializes in Atlanta family law cases, providing a level of attention and service to our clients that is hard to find in this day and age.

What Are The Types Of Custody?

First, let’s take a brief look at how Georgia defines its child custody laws. Simply put, there are two different types of child custody as established by the state: legal custody and physical custody .

The judge can then award sole custody to one parent, or joint custody between both parents. Depending on the facts of the case and situation, it’s not all that uncommon to see a judge award joint physical custody and joint legal custody, if it’s an amicable and agreeable situation. However, it’s important to note that the judge will always act in the best interest of the child or children, taking into account things like:

Another factor of Georgia family law when it comes to child custody is the child’s ability to decide. In the state of Georgia, children aged 14 or older have the right to make a custody election, in which they decide which parent they would prefer to live with. A judge can, however, overrule this if they decide it’s not in the child’s best interest.

What Is A Parenting Plan?

Georgia’s child custody laws state that, regardless of the type of custody agreement made during the ruling, there must be a parenting plan put into place. This ensures the child is properly cared for and put into the best possible situation. The parenting plan should outline things like:

What If A Non-Parent Seeks Custody?

In Georgia, sometimes the case is such that a non-parent, such as a grandparent, seeks custody. That is permissible under Georgia family law. However, the state always presumes it would be in the child’s best interest to be with a biological parent. So, grandparents or other third-party family members must work to overcome that presumption in the judge’s eyes in order to win custody.

Atlanta Family Law Experts

At the Fairell Firm, our stalwart attorneys are among the premier family law experts in Atlanta. When it comes to a child custody case, it is still important to have someone fighting for your best interests.

Learn more about the child custody laws in Georgia by glancing at some of our frequently asked family law questions.

If you’re in need of a dedicated firm practicing family law in Atlanta, then look no further than the Fairell Firm. Call our family law attorneys today to get started.

What Does Legitimation Mean?

Wed, 10 Jan 2018 18:19:00 GMT

In today’s day and age, maintaining an amicable relationship with the mother or father of your child is not always an easy task.

We at The Fairell Firm know that there are many different things which factor into the fracturing of a relationship, which in turn can have adverse effects on your child and children. When this happens, particularly in cases where you and your partner are unmarried, it’s important to know that all of your rights as a father are ensured and defended to the fullest degree.

At The Fairell Firm, we specialize in all aspects of Atlanta family law, from divorce help to child support, child custody, and even legitimation.

If you are in a current dispute with the mother of your child, you may or may not know that you have certain rights. This is what the process of legitimation is all about.

Keep reading to learn more about paternal legitimation in the state of Georgia and contact our family law firm today to book your initial consultation.

Legitimation Basics

Simply put, legitimation is the act of providing legitimacy to your parental status. This is a way of confirming, and starting on a record (such as a birth certificate), that you are indeed the parent of a child born out of wedlock — or outside of marriage.

Once you are legitimized as the parent, your child too becomes legitimized, and you are both now open to several rights and benefits that come along with that status.

Paternity vs. Legitimation

Under Georgia law, there are two levels of recognition with regard to the relationship between a father and their child. Those two levels include paternity and legitimation.

While these two concepts may sound the same, they are actually quite different. Let’s take a brief look at what these two terms mean, according to the Georgia court doctrines themselves.

The Paternity Process

If you have not already established paternity, this is the first and most important step to take toward legitimation. Multiple parties have the ability to petition for paternity in the case of an unmarried couple, including:

Establishing paternity leads to a number of benefits. First of all, the biological father’s name gets added to the child’s birth certificate. However, paternity also allows financial support to be received from the father, and the child may ultimately be eligible for Social Security benefits from their father.

However, paternity can also help further the efforts of legitimation.

Who Files For Legitimation?

Unlike a petition for paternity, a legitimation petition can only be filed by the biological father. A request or petition for legitimation can also include claims for visitation, parental time, and even custody.

The mother may choose to contest the legitimation by either alleging that the petitioner is not in fact the biological father, or by stating that that father has lost an opportunity interest to develop a relationship with the child.

In the event of a contested legitimation petition, the issue may find its way to the courts. That’s where The Fairell Firm comes in.

Legitimation Help

The Fairell Firm provides trusted family law services in Atlanta, including helping fathers with their legitimation disputes.

We ensure your rights as a father are established and fervently defended.

In Georgia, just because your name is on the birth certificate does not necessarily mean parental rights are automatically granted. Therefore, you can fight for these rights through the legitimation process.

Solidifying your role in your child’s life can be beneficial for a number of reasons, chief among them is the ability to establish a solid relationship and foundation of love.

Contact The Fairell Firm today for legitimation help or other family law advice in Georgia.

Understanding Child Support Laws In Georgia

Fri, 05 Jan 2018 14:06:00 GMT

Child support can be a difficult thing to manage, simply because it’s not always a clear-cut situation anymore.

That’s because in 2007, when there was an overhaul of Georgia’s child support laws, no longer was child support figured out solely by the income of the non-custodial parent.

Now, the child support laws in Georgia are a little bit different, and they take into account numerous factors such as the monthly gross income of both the custodial and noncustodial parent, any prior child support orders, work-related child care costs, health insurance premiums for the child (or children), and more.

If you’re going through a divorce, custody battle, or are simply looking for child support help in Atlanta , the Fairell Firm can help. Our dedicated family law attorneys are experienced, knowledgeable, and dedicated when it comes to fighting for the rights of all of our clients.

Because every case is unique and different, we never take a cookie-cutter approach when it comes to Atlanta family law. That’s because we truly care about our clients, their well-being, and their situation.

With that being said, let’s take a look at a few common questions and answers with regards to child support laws in Georgia.

What Does Child Support Mean?

Simply put, the child support laws were implemented, and eventually overhauled, by the state of Georgia in order to ensure that both parents were responsible for providing care and support for their child or children in the event of a divorce or unmarried parental situation.

Typically, child support is paid by the non-custodial parent to the custodial parent on a regular, fixed basis. It could be bi-monthly or monthly, and typically these payments are allocated to help with the expenses (medical, educational, extra-curricular) incurred by raising a child.

How Is Child Support Figured?

As a reminder, the formula for child support calculations in Georgia changed as recently as 2007. That means if you have a child support order which dates back to pre-2007, you may want to consider looking into a modification of that order. That means the new laws could drastically decrease or increase the monthly amount that you should be paying or receiving, based on numerous factors.

Additionally, many factors may have changed over time — such as the needs of your child or your own income — which could factor into a new order.

With the newer Georgia child support laws, the income from both parents is considered when determining a payment amount, as well as any income from things like rental property, stocks, or other assets.

Then, the court will take into account the numerous expenses related to the child, such as work-related childcare expenses, medical insurance, and a whole lot more.

How Is Child Support Paid?

It’s not recommended that child support payments ever be made with cash. There are several reasons for this, but the most important is for documentation reasons. Child support payments should always be traceable, such as through a check or bank transfer, directly into the custodial parent’s account. That way, in the event of a dispute, it can be easy to prove that the order is being fulfilled.

In the state of Georgia, it may be the case where the amount is deducted directly from the non-custodial parent’s paycheck to make the process easier and to provide a traceable record.

What If I Don’t Get My Payments

If you are the custodial parent and have been awarded a child support order, you — and more importantly, your child or children — are entitled to certain rights. If the non-custodial parent is skimping on payments, or if you haven’t received payments for an extended period, then it might be worthwhile to file a contempt of court action. This can result in fines, or even jail time, for the non-custodial parent in more serious cases. Consult with your Atlanta family law attorney in this case.

What Do I Do In A Child Support Dispute?

You can’t underestimate the power of having quality representation on your side in the event of a child support dispute. Whether you have a child support order that is not being followed, or you feel that you’ve been unjustly treated during the process, our family law attorneys can help advocate on your behalf.

It’s important that the parental responsibilities and financial obligations are equally split during this difficult time. A stalwart family law expert can aid with this process, providing legal aid and representation throughout the proceedings in order to ensure that the financial compensation is allocated for both you and your child/children.

Our goal is to ensure a positive and favorable resolution, while tending to your needs with a level of quality and care that is unmatched when it comes to family law firms in Atlanta.

Call the Fairell Firm today to learn more about child support laws in Georgia or to schedule your initial consultation.

What Does A Personal Injury Lawyer Do?

Fri, 22 Dec 2017 14:06:00 GMT

You’ve seen the billboards as you zoom down the highway. Maybe you’ve even watched the flashy commercials claiming this, that, and the other. The radio advertisements have surely blasted over your airwaves at some point.

You know that there are all types of personal injury firms in Atlanta . But even though you have been inundated with all of these different forms of advertising, you might still be left wondering about what a personal injury lawyer actually does.

Well, if that’s the case, then the Fairell Firm is here to help you understand. We are a dedicated family law firm which also specializes in various personal injury cases for our clients in Atlanta, DeKalb County, and the surrounding area.

Our primary focus is to help you achieve a favorable outcome when it comes to the personal injury claim process, which can typically be a long and arduous road. While other Atlanta personal injury firms may have the flash, the Fairell Firm has the substance.

Here’s just a taste of what our dedicated and experienced personal injury firm does for our clients throughout the process.

Car Wrecks

The bread and butter of a personal injury firm is likely dealing with claims following a car accident. As many factors can go into an accident claim, such as fault or no-fault, the extent of the damages, injuries, and more, the value of having an experienced and fervent personal injury attorney on your side cannot be overstated.

A personal injury lawyer, particularly one from the Fairell Firm, will go to work from the very beginning to ensure that your rights are protected while striving for fair compensation or an agreeable settlement.

The process of a personal injury claim following a car accident requires multiple steps, including talking with physicians, witnesses, insurance companies, and more. Personal injury lawyers are typically adepts at speaking with these many parties involved, while also working diligently through the discovery process, filing motions, and getting valuable information out of the opposing party. The overall goal is to receive fair compensation to help you deal with the aftermath of a car accident.

Healthcare Negligence

One thing people may not understand, due largely in part to the sheer number of advertisements regarding car accident lawyers, is that the scope of personal injury firms is wide-reaching. A personal injury claim can be made in the event of any incident at the fault of another person which leaves you impaired, injured, or left with a quality of life that is inadequate or hinders your ability to make a liveable wage.

That extends to things like negligence from a healthcare provider, such as a hospital or nursing home. Medical negligence, or in some cases medical malpractice, can lead to devastating injuries, impediments, or worse.

A personal injury lawyer can go to bat on your behalf, or the behalf of your family, if such an incident has occurred. It is the goal of personal injury firms like ours to make sure a fair settlement is reached, whether it be with the facility itself or their insurance provider.

Having a personal injury lawyer in times like these is important because it essentially levels the playing field. If you are seeking some sort of settlement, you shouldn’t blindly put your trust in their claim that they’ll do the right thing. Chances are, they will have a lawyer — which means you should too.

Slip And Fall Accidents

In the event of a slip and fall, whether it’s at a place of business, on the premises of your employer, or elsewhere, it is imperative that you enlist the services of a personal injury firm.

Our lawyers can work diligently with you to help prove that your pain and suffering is real, and through no fault of your own, in the event of a slip and fall accident.

Not only does a personal injury lawyer work through the negotiation process, but they can help navigate through the difficult and confusing court proceedings.

The Bottom Line

The bottom line is this: personal injury firms, and specifically the lawyers at the Fairell Firm in Atlanta, work with your best interests in mind. If you’ve experienced a debilitating accident through no fault of your own, then a personal injury lawyer is who you need to trust.

Contact the personal injury attorneys at the Fairell Firm to get started with your initial consultation.

Where To Start In A Divorce

Wed, 06 Dec 2017 15:45:00 GMT

Getting a divorce is never easy.

While it can be an extremely emotional and stressful time, deciding that the time is right for a divorce might still be the best decision for you and your spouse. But figuring out where to start in the process can be confusing and even overwhelming.

We’re here for you. At The Fairell Firm, we offer top-notch and customized divorce help in Atlanta. As experienced, passionate, and fearless Georgia divorce lawyers, we provide our clients with the resources and knowledge they need to get through the divorce proceedings with a favorable outcome.

So, if you are looking to get started with a divorce in Atlanta, come to us. We’ll treat you with care and consideration as we fight for your rights.

Let’s take a look at how you should get started on the divorce process.

Find A Trusted Attorney

This is the first, and arguably most important, step in the process when you’re looking for divorce help.

A trusted family law attorney can help walk you through the process step by step while also making sure that your rights are properly looked after.

The Fairell Firm is the Atlanta area’s premier family law firm, specializing in divorce help and all aspects of family law. Our attorneys offer a level of care and commitment to our clients that is hard to find in this day and age, which helps us stand apart and be successful.

We understand the divorce proceedings in Georgia better than most, which is why we work to not only educate our clients but also provide the help and resources they need throughout the process. During a divorce we know sometimes things can get volatile, but you can trust that you’re in good hands with the fearless and dedicated divorce attorneys at the Fairell Firm.

Once you’ve enlisted the help of our divorce lawyers, we’ll help you fill out the paperwork and work toward a favorable outcome.

But first, there are a few things you can do to help set yourself up for success. Here are a few suggestions.

Learn The Laws

The next thing you should absolutely do when you’re looking for divorce help in Atlanta is to familiarize yourself with the divorce laws in Georgia .

This will help you when it comes to filing the initial paperwork, which include the initial petition for a divorce and potentially the settlement agreement.

The reason you need to know the divorce laws in Georgia is because if you are the party petitioning for the divorce, then you need to know whether to file for a “no fault” or a “fault” divorce. No fault indicates that it’s an amicable decision made by both parties, and that despite all of your best efforts there is no reconciliation for your differences.

Fault, however, means that the divorcing spouse is providing facts and reasoning in order to prove there are grounds for a divorce, such as infidelity, force or fraud while obtaining the marriage, cruel treatment, or abuse, and more.

Of course, your dedicated divorce attorney can help educate you on the ins and outs of the laws better than anyone, so don’t hesitate to ask any questions throughout the process.

Talk To People

You can’t underestimate the power of educating yourself prior to going through a divorce. While you are learning the different divorce laws in Georgia, you can also get help by speaking to friends, family, and other trusted sources about what to expect.

No one knows what to expect better than someone who has actually gone through the process, and you may know one or two people who have done so. Get ahead of the game by speaking to people, getting valuable advice, and even doing your own research on the matter.

Another valuable resource is obviously your attorney . They can give you customized advice based on their past experiences and your current situation, so be sure to get divorce help from an attorney you really trust.

Gather Resources

The next important step is to gather all of the necessary documents and resources that might be of help during your divorce case. This may include things like your latest tax documents, bank accounts, loans, credit cards, investments, real estate properties, and other assets and debts.

You’ll also need to make a reasonable estimation regarding which assets you will need to hold onto and what you will need to survive financially after the divorce.

Come Up With A Plan

This brings us to our next point, which is to talk to your spouse and decide where each of you stands on the issues. If this is an amicable divorce, this step will be a whole lot easier than if you are attempting to prove a no fault divorce. A few things you need to keep in mind when going through the initial divorce process are:

These things may not be the easiest to talk about, but finding common ground might help make the divorce much quicker and less stressful.

Trust The Process

When it comes to getting a divorce in Atlanta, things can certainly seem daunting and hopeless. But when you have a dedicated divorce lawyer to help you through the process, things can be simpler. Be sure to get divorce help from the premier family law firm in Atlanta; contact the Fairell Firm today to schedule your initial consultation.

What Are The Divorce Laws In Georgia?

Wed, 15 Nov 2017 22:45:00 GMT

The divorce process can be complicated, messy, and difficult to understand.

That’s why if you’re going through a divorce of your own, you deserve to have quality representation that will help you understand the proceedings. You deserve someone who can educate you on law and provide support and help with any difficult or volatile situations.

In reality, your divorce help should include all of that while still fervently fighting for a peaceful, amicable, and fair resolution.

When it comes to the education aspect, you may find yourself first wondering what the divorce laws are in Georgia, and how they might relate to your situation.

At The Fairell Firm, our passionate and fearless divorce lawyers are well-versed in the Georgia divorce laws, and we understand and fight for your rights throughout the process.

Keep reading for a brief rundown on Georgia divorce laws so that if or when you need divorce help in Atlanta, you know exactly where to turn.

Residency Requirements

When it comes to filing for divorce in Georgia, you need to first understand that there are residency requirements.

Of the many divorce laws in Georgia, the residency stipulations are among the easier aspects to understand. Simply put, at least one of the parties, whether it be husband or wife, must have resided in Georgia for a minimum of six months before a divorce can be filed in the state.

There are certain exceptions which can be made for military personnel, but essentially the court will dismiss the case if at least one of the parties has not resided in Georgia for six months prior to the petition.

Grounds For Divorce

In Georgia, your divorce petition must include a declaration of the grounds for divorce , whether it be no fault or fault. This will set the stage for the direction of your case, and help the court to determine the appropriate plan of action. Here are the different grounds for divorce in Georgia:

Documents Needed

In order to start the divorce process , and ultimately finalize the divorce, you (as the petitioner, or divorcing spouse) will need to fill out a few primary documents. These include a Petition for Divorce and Final Judgment, and a Decree of Divorce. Georgia law may also require you to complete documents like a disclosure statement, marital settlement agreement, and more depending on the nature of your case. To get assistance with these documents or general divorce help, consult a trusted divorce attorney near you.

Atlanta Divorce Help

While this is a general and very brief summation of divorce laws in Georgia, it’s important to recognize that this is not a process that should be taken lightly. Whether you are the divorcing spouse or the respondent, it’s imperative that you have quality representation that will guide you through the process and work toward a fair and final resolution.

If you are looking for divorce help in Atlanta, take the time to meet the divorce lawyers at The Fairell Firm. We can help you secure your future in a fair and reasonable manner. Schedule your initial consultation today.

The Real Fear Factor: Property Division in Divorce

Mon, 02 Oct 2017 18:21:00 GMT

At The Fairell Firm, we understand that navigating the complexities of marital property can feel like unraveling a ball of yarn with no end in sight. If you’re facing questions about who owns what in a marriage—or what happens to those assets if divorce becomes a reality —you’re not alone. Georgia’s marital property laws, rooted in principles of fairness, can be both empowering and perplexing without the right guidance.

Our goal is to shed light on the ins and outs of property division in Georgia, from understanding what makes property "marital" versus "separate" to the nuanced treatment of gifts, inheritances, and bank accounts. We’ll walk through practical examples and demystify the legal framework, so you’re armed with the clarity and confidence to move forward, whether you’re planning for the future or navigating a challenging transition. Let’s break it down together—piece by piece.

Legal Framework of Marital Property in Georgia

Georgia’s approach to dividing property during a divorce centers on equitable distribution . It’s not a rigid 50/50 split but rather a case-by-case assessment of what’s fair, considering each spouse’s circumstances. This means the court weighs a variety of factors, including the duration of your marriage, financial contributions, and even future needs, to decide how assets should be divvied up.

At its core, Georgia law distinguishes between marital property —assets acquired during the marriage—and separate property , which typically includes anything you brought into the marriage, received as a gift, or inherited. However, as straightforward as this may sound, things can get complicated. For instance, if separate property is “commingled”—say, your inheritance is deposited into a joint account—it could lose its separate status and become marital property.

The legal basis for these rules can be found in the Official Code of Georgia Annotated (OCGA), particularly § 19-3-9 . It emphasizes that what was yours before marriage usually remains yours, but once property mingles or benefits both spouses, it often crosses into marital territory.

Understanding these principles is the first step toward protecting your interests and ensuring your assets are treated fairly. At The Fairell Firm, we’re here to help you untangle these complexities and make informed decisions about your financial future.

Defining Marital vs. Separate Property

When it comes to dividing property, one of the most common stumbling blocks is understanding the line between marital and separate property. Think of it like sorting puzzle pieces: some belong to the shared picture of your marriage, while others stand alone.

Marital property refers to assets acquired during the marriage, regardless of who paid for or earned them. This can include your home, vehicles, retirement accounts, or even debt. If it came into your life while you were married and you both benefited from it, it’s likely marital property.

On the other hand, separate property is what you owned before walking down the aisle, along with gifts, inheritances, or anything specifically designated as yours during the marriage. But here’s where it gets tricky: separate property can become marital property if it’s commingled. For instance, if you use an inheritance to renovate a shared home or deposit funds into a joint account, those assets might lose their separate status.

Georgia courts also consider the appreciation of separate property. Did the value of an asset grow purely due to market forces? That’s likely still separate. But if you or your spouse actively contributed—say, by managing a rental property—the increase may be treated as marital.

Treatment of Specific Assets in Georgia

When divorce enters the picture, every asset gets put under the microscope. But not all property is treated the same in Georgia, and understanding how specific assets are classified can save you a lot of heartache—and potentially, a lot of money.

Inheritance:
Generally, inheritances belong to the spouse who receives them, no strings attached. They’re considered separate property in Georgia. But the moment you mix those funds with marital assets—like depositing the money into a joint bank account or using it to pay off a shared mortgage—it could be reclassified as marital property. Think of it as putting food coloring in water; once it’s mixed, it’s hard to separate again.

Gifts:
Gifts from third parties are usually treated as separate property, as long as they’re clearly meant for one spouse. A grandmother’s heirloom ring, for example, would remain with the spouse who received it. However, gifts exchanged between spouses during the marriage, like an anniversary car, are typically considered marital property. The court views these as part of the shared life you built together.

Separate Bank Accounts:
Keeping a bank account solely in your name doesn’t automatically make it separate property. If you deposit marital funds—such as your paycheck—or use the account to pay for joint expenses, it can be classified as marital property. It’s less about the account’s name and more about how the money inside was handled.

Appreciation of Separate Property:
Property that gains value over time can blur the lines between marital and separate assets. If the increase is due to market factors, like rising real estate prices, it stays separate. But if you or your spouse actively contributed to its growth—say, through renovations or business management—the appreciation might be deemed marital.

Factors Influencing Property Division in Georgia

Dividing property in a Georgia divorce isn’t just about drawing a line down the middle; it’s about figuring out what’s fair in the context of your unique circumstances. The courts don’t rely on a strict formula but instead consider a variety of factors to ensure equity—not necessarily equality.

For starters, the court will look at the length of your marriage. Were you together for decades, building a life and wealth side by side? Or was your marriage shorter, with less mingling of finances? Contributions to the household also play a role—whether those contributions were financial, like a paycheck, or non-financial, like raising children or supporting a spouse’s career.

Your financial situation going forward matters, too. If one spouse is in a stronger position to rebuild financially after the divorce, that could influence the division of assets. On the flip side, a spouse who sacrificed their career to care for children might receive a larger share to account for those years of lost earning potential.

While Georgia is a no-fault divorce state, actions like hiding assets or wasting marital funds can tip the scales. If one spouse has been financially reckless, the court might adjust the division to account for that.

Protecting Separate Property

When it comes to protecting your separate property, it’s all about planning ahead and keeping careful records. Prenuptial and postnuptial agreements are two of the most effective tools in safeguarding your assets. These legal agreements spell out which property belongs to whom, taking the guesswork out of property division if divorce ever becomes a reality.

Even without an agreement, you can take steps to keep your separate property separate. Avoid commingling funds—don’t deposit that inheritance check into a joint account or use it to pay off shared debts. Documentation is your best ally, and we’ll help you keep your assets secure for the future.

Common Misconceptions and Examples

When it comes to dividing property in a divorce, misconceptions can complicate an already emotional process. One common myth is that everything acquired during the marriage is automatically split in half. In Georgia, that’s simply not how it works. Courts focus on equitable distribution—what’s fair, not necessarily equal.

For example, let’s say you inherit a sum of money during your marriage. Many people assume it’s automatically protected as separate property. However, if you deposit that inheritance into a joint account or use it to renovate a shared home, the court might consider it marital property. The same goes for gifts—while a birthday gift from your spouse may seem personal, it’s often treated as marital property.

Take this real-world scenario: a spouse inherits a vacation home and rents it out. If rental income is used for shared expenses, that property may be partially classified as marital. These nuances are why having a legal team like ours is so important. We’ll help you avoid surprises and ensure your rights are protected.

Final Thoughts on Marital Property in Georgia

Understanding Georgia’s marital property laws isn’t just about knowing what’s “yours” or “ours.” It’s about preparing for your future and making decisions with clarity and confidence. Whether it’s navigating the fine line between separate and marital property or ensuring a fair division of assets, the right knowledge—and the right team—makes all the difference.

At The Fairell Firm, we believe you deserve a fresh start built on fairness. If you’re facing questions about marital property or considering divorce, let us help you untangle the details and protect what matters most to you. Together, we’ll make sure your next chapter starts strong.