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Court Proceedings

How Am I Supposed to Get Divorced if I Cannot Locate My Spouse?

In any Georgia divorce, your spouse has a right to know that you have filed for divorce, where you have filed for divorce, and what you are requesting in your divorce. In order to ensure that your spouse knows all of these facts, you must properly serve your spouse with notice of your divorce proceedings…

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How Are Witnesses Used in Divorce Hearings?

A witness may provide spoken testimony during any type of Georgia divorce hearing. These witnesses can be expert witnesses, such as therapists, psychiatrists, custody evaluators, or guardians ad litem. Witnesses also can other non-expert individuals, such as a relative of the parties, a caregiver for the parties’ child, or a teacher. However, witnesses can only…

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What is a Temporary Divorce Hearing?

During the time period between filing for divorce and finalizing your divorce, you have the right to ask for a temporary hearing. At this hearing, you can request the judge to issue temporary orders about certain issues, including child custody, visitation or parenting time, child support, alimony, property division, and debts. It is important to…

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What is a Deposition?

When individuals become involved in a divorce, or any type of legal proceeding, certain information must be exchanged between the parties upon request. This process, which is commonly referred to as “discovery,” ensures that both sides to a dispute have equal access to all information that is relevant to the dispute so that each can…

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What is Contempt and How Does It Apply in My Family Law Case?

Once court orders are in place, whether they stem from a divorce or a paternity case, both parties are required to follow all aspects of the court orders, whether they like it or not. However, it is not uncommon for one party to violate a court order – sometimes for a good reason, but often…

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What is a Status Conference in My Georgia Divorce?

Some courts use status conferences in order to track the progress of divorce cases and keep them moving through the court system. Status conferences are a tool not only for the court’s organizational purposes, but also to help encourage the parties to resolve issues in their divorce without resorting to a formal trial. When parties…

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How Do I Know Where to File for Divorce?

In order to file for divorce in the state of Georgia, either you or your spouse (or both) must have been a resident of Georgia for at least six months. If both you and your spouse live in the same Georgia county, you will file for divorce in the county in which both of you…

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How Does My Spouse Get Notice That I Have Filed for Divorce?

Your spouse typically will receive notice that you have filed for divorce when a county sheriff or a private process server personally “serves” or delivers a copy of the divorce complaint to him or her. Once the sheriff or server gives your spouse a copy of the complaint, he or she will fill out a…

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What is Notice by Publication for the Purposes of a Divorce?

Under Georgia law, there are specific ways in which you must give notice, or service of process, to your spouse that you have filed for divorce. Probably the most common way to complete service is to have a sheriff or private process server personally deliver a copy of the divorce papers to your spouse.  If…

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What is a Custodial Evaluation?

If you are involved in Georgia child custody dispute, you should be familiar with the possibility that the judge will order you and your child’s other parent to participate in a custodial evaluation.  If parents are unable to reach an agreement as to custody of their child, a court-appointed psychologist or mental health professional can…

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