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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 pregnant and when the child was born, she instructed the hospital to list her maiden name as the child’s last name on the birth certificate. The parties resolved all issues in the divorce except the child’s name, leaving this issue for the court. The trial court found that it did not have the authority to change the child’s name.
July 24th, 2017|

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 North Carolina. When she was unable to serve him, she obtained an order from the trial court allowing her to publish service.
July 6th, 2017|

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 other resources, which would prevent the party without the resources to adequately defend him or herself. In this case, the trial court awarded the wife $60,000 in attorney's fees.
June 29th, 2017|

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 [...]

April 6th, 2017|

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 [...]

February 27th, 2017|

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 [...]

December 30th, 2016|