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Georgia Family Law

600 S. Perry Street
Lawrenceville, GA 30045
678-480-9003
678-221-0230 fax
 
Drew Mosley practices in the area of family law.  He has experience with divorce, child custody, child support, and related matters.  His cases have included interstate and criminal issues.  Furthermore, his cases in this area have seen successful outcomes in several counties. 
 
Divorce, Custody, Child Support, Adoption, Modification
 
Whether you need a simple uncontested divorce at a low cost or representation for a complex and protracted custody battle, the Mosley Law Offices can help. We also handle contempt motions to enforce child support and other orders and settlement agreements, as well as child support modifications under the new law.  Our firm handles juvenile and adoption cases.  We can even assist you in planning for the care of your children in the unfortunate event of your death.  We serve Gwinnett, DeKalb, and Fulton Counties and beyond in Georgia.
 
Family Law Q&A by Drew Mosley, Esq.

Q: What is an uncontested divorce?

 A: An "uncontested" divorce is what many refer to when they discuss a divorce that does not need to go to trial.  An uncontested divorce still must proceed through the courts.  Only a court can grant an order of divorce.  However, if the parties agree on terms they can both live with, they may be able to enter into a settlement agreement that can be incorporated into the order of the court.  In other words, if the parties can get along, their attorneys may be able to help them get a divorce without ever walking through the courthouse doors.

Q: What is a contempt motion?

A: A contempt motion is brought before the court to enforce an order of the court that has been violated.  The party that has allegedly violated the order may be held in contempt based on the party's actions.  Common bases of contempt are non-payment of child support, denial of scheduled visitation, and conduct toward children that is contrary to the provisions of the order.  Orders often set limits on how parents are allowed to portray one another to their children.

 
Q: Why is it important to get my child support order right the first time?

A: Depending on the age of your children at the time of divorce, small changes in a child support order can add up to thousands of dollars over the years.  (Consider that a Five Hundred Dollar [$500.00] a month child support payment over eighteen and a half [18 1/2] years adds up One Hundred and Eleven Thousand Dollars [$111,000]).  Having an attorney work with you to plan the financial aspects of your divorce can often save or gain you more than you would spend in attorney fees.  Recent changes in the law have also made providing the court with your and your spouses financial information a more complicated process than in years past.  The Mosley Law Offices can help make this complicated process simpler for you when you need to focus on your emotional needs as well as those of your family.

Q: Should I warn my spouse the sheriff is about to serve him or her with divorce or other family law papers?

A: While being visited by a law enforcement officer can be an unpleasant surprise, it is generally best not to give away the element of surprise with regard to service.  Service dodgers can increase the costs of a divorce or other family law proceeding, sometimes substantially.  In most of Georgia, the Sheriff will serve process for $25.00.  If a professional process server is required to find someone who has decided not to be found for a while, this fee immediately goes to $100.00 plus.  It is always best to get specific legal advice regarding your case, but as a rule of thumb, warning someone the sheriff is coming comes at a cost.  They might not wish to see him.

Q: What is a family violence protective order?

A: A family violence protective order is a court order sometimes called a restraining order.  It prevents someone who has a history of violence against a victim or who poses a threat of danger to a potential victim based on threats from going within a specified distance of that person under penalty of contempt.  The relationship between the parties is what makes a protective order a family violence protective order.  Such protective orders are sometimes used to gain advantage in a divorce by effectively kicking one spouse out of the marital home by virtue of the restrictions in the order.  This answer does not address the issue of punishment for violation of such an order, which may be criminal in nature and severe.
 
Q: How can I determine who will be awarded custody of the children in my divorce or other custody case?

A: While one can guess at what decision a judge might make about the best interests of a child in a custody case, it is sometimes very difficult to tell.  Many factors go into a best interests of the child analysis.  Some of these factors include who has been the primary caretaker of the child, who has promoted healthy relationships between the child and the other parent and side of the family, who has supported the child's educational efforts, and who can provide the best home environment for the child.  Many factors are permitted to enter the judge's analysis in Georgia, so in close cases and even in some not-so-close cases--really in all custody cases--presentation of one's case for custody can be very important in securing the outcome YOU believe will be in your child's best interests.  A skilled family law attorney can be invaluable in assisting you in a custody case.  It is important to keep in mind how hard the other party may try to get custody in order to receive child support and avoid paying it.
 

Q: What is the discovery process? 

 

A: The discovery process is the process in which the parties to a divorce or other proceeding gather information from each other.  Parties can propound to each other interrogatories, which are questions the other side is required to answer within a given time unless they have an appropriate objection.  Parties may request documents and other things from each other in what are called requests for production of documents.  The parties may also request that the other side admit facts that are true or explain why they are not so.  As in other proceedings parties may subpoena individuals to appear at trial as witnesses or bearers of documents.  The discovery process is a valuable tool.  While not all cases will see discovery activity, it can be very important in cases where the parties might have reason to hide or withhold information from each other.  In Georgia, the default discovery period is usually six months from the filing of the answer, though this can be shortened or lengthened by the court.  For the most part, discovery is not something one would engage in without an attorney. 


Q: Is it true that if I get divorced but was married for more than 10 years that I can claim Social Security based on my ex-spouse's income?

A: Social Security rules provide that a marriage is considered valid until a divorce is legally declared final, even if you live separate from your spouse prior to your 10-year anniversary.  Separation of property and commencement of child support or spousal support payments before 10 years also do not void this benefit with Social Security, so long as the final order comes after 10 years.  Social Security so collected is a dependent benefit and has no impact on your ex-spouse's retirement benefits, so if you are close to this 10-year-marriage mark, you may wish to suggest to your spouse that you wait to finalize your divorce paperwork until after this milestone has passed in order that you may claim these benefits for yourself if circumstances otherwise allow.  Consult a lawyer when making such a decision because not everyone is eligible for Social Security, and numerous other rules impact eligibility.

Q: Can the divorce I tried to do myself with online forms be fixed?

A: Once a case has been started, the clock is running for certain matters.  Some opportunities can be lost forever.  That said, many people find that they cannot finish the case they have started and need professional help.  We often provide the assistance a client needs when they have started to pursue their divorce pro se or without an attorney, with LegalZoom forms or forms from another provider, and find that they have gotten in over their head and cannot complete the process.  Anyone in a situation like this should seek counsel immediately, so that any necessary repair work can be done before time runs out.  Legal forms are no substitute for legal advice.  In family law, where assets and child support are at stake, lawyers often provide results that more than make up for the expense of attorneys fees.

 
Q: What documents are usually involved in a divorce case?

A: In some but not all cases, a separation agreement is put in place to preliminarily settle property and/or custody issues between spouses.  The contents of the separation would be negotiated between spouses and their lawyers.  A petition or complaint is used to initiate a case or suit and to set out the issues to be tried.  When a plaintiff or petitioner, the person beginning proceedings, is filed, an answer is filed in response by the opposing party.  Several varieties of discovery documents may be filed to allow parties to gather information from each other: interrogatories (questions to be answered in narrative form), requests for production of documents (what it sounds like), and requests for admissions (a way to make the opposing party admit or deny stated assertions).  Numerous varieties of motions may also be filed, such as a motion for a psychological evaluation, which is often sought in custody cases.  When a case is decided, a final judgment and decree or court order is filed stating the outcome of the case and possibly findings of fact.  These are by no means all the forms in a divorce proceeding, but merely some examples to provide a glimpse of what work is to be done in such a proceeding.

Q: If I am afraid my spouse (or other unmarried parent) is going to flee with my child, what can be done?

A: The Mosley Law Offices can work with the United States Department of State, the Department of Homeland Security, and consulates to foreign countries to seek notice of travel and passport activity as well as other measures to monitor or limit travel of a child in a custody dispute.  Because movement of a child outside of a jurisdiction can be costly and time consuming to correct or worse, preventative measures often make a great deal of sense.  Whether you worry about movement outside of the state or outside of the country, we can implement strategies to help you protect the interests of your child and yourself.

Q: What federal and Georgia laws determine what happens in a divorce or other family law matter?

A: As a general proposition (but as usual with exceptions), family law is governed entirely by state law.  However, uniform laws have been put in place by the states at the suggestion or coercion of the federal government.  These laws govern how the states decide questions of jurisdiction when more than one state's law might apply (sometimes called conflicts of law issues).  They also govern certain issues the federal government has through Congress deemed to be of great significance.  In Georgia, Title 19 governs domestic relations.  (The body of Georgia laws is divided into 53 divisions called titles.)  Title 19 is divided into 15 chapters.  Chapter 1 covers "General Provisions."  Chapter 2 covers "Domicile."  Chapter 3 covers "Marriage Generally."  Chapter 4 covers "Annulment of Marriage."  Chapter 5 covers "Divorce."  Chapter 6 covers "Alimony and Child Support."  Chapter 7 covers the "Parent and Child Relationship."  Chapter 8 covers "Adoption."  Chapter 9 covers "Child Custody Proceedings."  Chapter 10 covers "Abandonment of Spouse or Child."  Chapter 11 covers the "A Safe Place for Newborns Act of 2002."  Chapter 11 covers "Enforcement of Duty of Support."  Chapter 12 covers "Change of Name."  Chapter 13 covers "Family Violence."  Chapter 14 covers the "Child Abuse and Neglect Prevention Act."  Finally, Chapter 15 covers "Child Abuse."  Of course, issues relevant to family law are treated elsewhere in the Georgia Code.  (Also, keep in mind there are other sources of law, examples being the Georgia Constitution and court decisions.)  However, most questions of family law, divorce, and child custody, are dealt with in detail in Title 19.

Q: Do the Mosley Law Offices offer legal representation in any jurisdictions other than Georgia?

A: Yes, Drew Mosley practices family law in Arkansas as well.  Practicing in multiple jurisdictions provides an attorney with perspective and ensures he is aware of issues that arise in interstate cases that involve these or other states.  If necessary, the Mosley Law Offices can work with attorneys in other states or countries to achieve our clients' objectives.