Category: Divorce

MLF Team

Contempt: Punishment and Modifying a Decree

You can request punishment for contempt, but cannot modify the terms of the final divorce decree. In Sponsler v. Sponsler, Wife was awarded a rental property as part of the divorce; however, the rental property was titled in Husband’s name. The decree stated that Wife was responsible for the debt on the rental as of […]

MLF Team

Legally Changing a Child’s Name After Divorce

If a court issues an order determining who the legal and/or biological father of a child is, that same court can change the child’s name as it sees fit. In a recent Supreme Court of Georgia decision, Denney v. Denney, Husband and Wife separated days after getting married. Wife filed for divorce while she was […]

MLF Team

Georgia Divorces Involving Out of State Defendants

Even though the defendant lives out of state, in some cases, a divorce can still proceed in Georgia. In a recently released opinion, Eversole v Eversole, the Defendant, Husband, moved from Georgia to South Carolina less than six months before the Plaintiff, Wife, filed for divorce in Georgia. Wife attempted to have Husband served in […]

MLF Team

Pre-Nups, Alimony and Attorney’s Fees

If your pre-nup waives alimony, it also waives attorney’s fees. In Vakharwala v. Vakharwala, the Georgia Supreme Court reversed the trial court’s decision to award attorney’s fees to a wife under O.C.G.A § 19-6-2. This is the law that allows a party to be awarded fees when there is a great disparity in income or […]

MLF Team

Divorcing Later in Life

Divorces occurring when the parties are approaching retirement or already retired require unique considerations. In such divorces, the primary focus is most commonly asset division and it is important to consider how each party can be secure in retirement following the divorce. Divorces where the parties are contemplating retirement or already retired often involve the […]

MLF Team

How Social Media Use Can Affect Your Family Law Case

Smartphones are now a ubiquitous piece of technology used by countless individuals to access social media. Many people routinely share insight and photographs of their children and the many aspects of their daily routines and rituals. While this may be a fun pastime, it can often be used against one or both parties in a […]

MLF Team

Biggest Divorce Mistakes People Make

Divorce can be a complex and emotionally draining process, especially if it is hotly contested. Not only are feelings hurt on both sides, but there is also a lot of money and time spent trying to reach a fair agreement. In order to obtain the results you want, as well as a fresh start in […]

MLF Team

Five Stages of Grief in Divorce

Divorce is not a situation people are usually emotionally prepared for. After all, no one gets married to get divorced. Nevertheless, divorce is something that happens whether we are ready for it or not. In fact, it is often stated that nearly 50% of marriages end in divorce. That does not make it any easier, […]

MLF Team

Lump Sum Child Support Payments

Several family law lawyers say a Sept. 20 Georgia Supreme Court ruling that affirmed a lower court’s grant of a lump-sum child support payment to cover 13 years of care sets a “dangerous” precedent because it grants one parent a large sum of cash without oversight. But the court said nothing in the child support […]