Atlanta Divorce Attorney Blog

A problem sometimes faced by individuals in Georgia embroiled in either a divorce or a custody dispute with a spouse out of the state or country is how best to serve notice on the opposing party. The spouse’s whereabouts may be unknown, in which case simply hiring a process server won’t do the trick. However, in order to satisfy the due process clause of the United States Constitution, it is necessary for all parties to be given notice of a proceeding. For persons residing out of state, notice must be given in a manner calculated to give actual notice pursuant to either the laws of the state where service is to occur or the state where the proceeding is to occur.

One way of reaching those who either can’t or don’t want to be found is to make use of service by publication. According to O.C.G.A. § 9-11-4(f)(1)(A), personal service must be attempted before service by publication is proper. The Court in Gaddis v. Dyer Lumber Co., 168 Ga.App. 334, 335 (1983), stated “In order to justify service by publication where the address of the defendant is known, or believed to be known, generally it must be shown that service was attempted unsuccessfully at the defendant’s last known address and that personal service was proven impossible.”

The Court in Abba Gana v. Abba Gana, 251 Ga. 340, 343 (1983), noted that because notice by publication is a notoriously unreliable means of actually informing interested parties about pending suits, the constitutional prerequisite for allowing such service when the addresses of those parties are unknown is a showing that reasonable diligence has been exercised in attempting to ascertain their whereabouts.

However, if the address of an opposing party is known, then according to O.C.G.A. § 9-11-4(f)(1)(A), the Petitioner must supply the exact address of the nonresident to the Clerk. If the Petitioner knows the address of the defendant but does not furnish it to the Clerk of Court for purposes of mailing the notice, the judgment could then be set aside for fraud. Stiles v. Stiles, 183 Ga. 199, 205 (1936).

If you are facing similar issues involving service on an out-of-state spouse, please contact one of our skilled Atlanta Divorce attorneys.

By Connor Alexander, Law Clerk, Meriwether & Tharp, LLC

Question: My wife left me and took our children with her. I have not seen them for three years. How can I find her to serve divorce papers and seek custody?

Answer: Some lawyers and most private investigators have access to databases that should be able to show where the other party is living. If you are trying to handle the divorce without the help of an attorney, you will likely need to hire a private investigator to find our where she is. Once you find where she is living, you can then personally serve her with the divorce papers to start the divorce process.

Question: Can I legally ask my husband for a separation but not have to leave my home?

Answer: Georgia does not recognize a “legal separation.” When you file for divorce, you assert in the pleadings that you are living in a “bona fide state of separation.” That simply means that you and your husband have not had marital relations (sex) since a certain date. There is an action for separate maintenance that can be filed in certain circumstances, but you should schedule a consultation with an Atlanta divorce lawyer to determine whether your specific situation would fall into this category.

Question: How do I get a divorce if my spouse won’t sign the papers, attend the classes, or follow through with any of the requirements?

Answer: If your spouse won’t cooperate, you may have to schedule the case for a final contested hearing. Before you attend this hearing, however, it is strongly recommended that you consult with an Atlanta divorce lawyer to make sure that you have prepared all your paperwork correctly for a final divorce. If your spouse does not attend a parenting class, some judges will still grant the divorce but may deny visitation to the offending spouse until he/she attends the class.

Of the four jurisdictional criteria mentioned in our previous post, a clear hierarchy exists. This hierarchy is a hallmark of the UCCJEA and says that in an initial custody determination priority is given to the home state jurisdiction. In other words, if the child involved in the custody dispute has a home state, only that state may make the initial custody determination, unless the home state declines to assert jurisdiction over the child custody dispute. See UCCJEA, National Conference of Commissioners on Uniform State Laws, Article 2, § 201, Comment, p. 24, (1998).

O.C.G.A. § 19-9-61 defines a home state as the state where the child lived with either both parents, one parent, or an individual assuming the role of a parent, for six (6) consecutive months immediately prior to filing. The six (6) month period must have been prior to the commencement of the action, and it includes periods of temporary absence by the child from his or her home state.

The second of the jurisdictional criteria, “Significant Connection,” is only reached if the home state declines to exercise jurisdiction. In such a case, a state may then have jurisdiction if it is deemed to have a significant connection with the child, meaning that there is (1) a significant connection between the child and the state and (2) substantial evidence regarding the child’s past, present or future care exists in the state.

The third of the jurisdictional criteria, “More Appropriate Forum,” is reached only if courts having home state jurisdiction or significant connection jurisdiction have declined to exercise that jurisdiction. Grounds for this include inconvenient forum or misconduct. Finally, the fourth of the jurisdictional criteria, “No Other State Jurisdiction” is reached only if no other state has exercised jurisdiction over the case or if the child is stateless.

By Connor Alexander, Law Clerk, Meriwether & Tharp, LLC

In Georgia, like other places around the country, living, working and raising families abroad is something that happens more now than ever before and carries with it unique challenges in terms of divorce and child custody disputes. Years ago, cases began cropping up where the courts of different countries fought over jurisdiction. To help resolve these conflicts, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was created.

Georgia’s version of the UCCJEA, found in O.C.G.A. § 19-9-40 et seq., exists to provide uniformity and avoid jurisdictional competition between courts in different states and different countries. The purpose of the UCCJEA is to reduce and resolve interstate conflicts in child custody determinations and to facilitate the determination of which state is the most appropriate forum in which to litigate child custody disputes. For the purposes of the UCCJEA, O.C.G.A. § 19-9-44(a) clearly states that courts are to treat foreign countries as if they are a State of the United States.

The UCCJEA establishes clear criteria under which a state can assert jurisdiction by not only prioritizing relevant criteria, but by also distinguishing between initial custody jurisdiction, modification of custody jurisdiction and temporary emergency jurisdiction. It does so for the purpose of discouraging multiple states from taking concurrent jurisdiction, a recurring problem that the UCCJEA has sought to solve. The four jurisdictional criteria contained in the UCCJEA are as follows: (1) Home State Jurisdiction; (2) Significant Connection Jurisdiction; (3) More Appropriate Forum Jurisdiction; and (4) No Other State Jurisdiction.

In the next post we’ll walk through these jurisdictional criteria and discuss the definitions of each.

By Connor Alexander, Law Clerk, Meriwether & Tharp, LLC

A recent article on ABAJournal.com recently reported how one Georgia court is currently wrestling with a tough a question: can a divorce attorney representing a murder defendant’s wife be made to testify in the husband’s criminal trial?

Superior Court Judge Gregory Adams of DeKalb County Superior Court must now rule on the issue after hearing arguments regarding a motion to quash a witness subpoena for the wife’s attorney Esther Panitch. Though any information gathered by Panitch for the purpose of providing legal advice to her client will remain confidential due to attorney-client privilege, the defense counsel argues Panitch possesses material information separate from her representation of the wife.

Precisely what that information is has yet to be revealed by the defense. The defense counsel said that he anticipates “calling her as a witness… because we think she has independent facts that may be important in the case,” adding: “There is a legitimate basis for this subpoena, and I want to hold out the possibility that we may need to call her.”

Panitch originally served as divorce attorney and now acts as an advisor to the wife, Ariela Neuman, for the murder trial of her husband, Hemy Zvi Neuman.

Her attorney and business partner, James R. Hodes, argued that Panitch does not have any relevant evidence concerning the murder case of her client’s husband and argued that subpoenaing her as a witness interferes with her ability to counsel her client effectively.

The case, currently in the middle of trial, revolves around a murder allegedly committed by Henry Neuman, a father of three, who is accused of killing Rusty Sneiderman on November 18, 2011, after Sneiderman dropped off his 2-year-old at Dunwoody Prep Pre-School. Investigators believe Neuman and Sneiderman’s wife may have been having an affair.

By Connor Alexander, Law Clerk, Meriwether & Tharp, LLC

In Georgia, when spouses live in different counties, or if one spouse lives in Georgia and one lives out of state, there are specific rules which govern where the divorce action must be filed. Georgia law states that: “No court shall grant a divorce to any person who has not been a bone fide resident of this state for six months before the filing of the petition for divorce.” OCGA §19-5-2. An exception to this rule is that “a nonresident of this state may file a petition for divorce, in the county of the residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.” Id.

If both parties have resided in Georgia for more than six months, the Petitioner must file the divorce action in the county in which the Respondent resides, even if the Petitioner does not live in that county. So, if the Petitioner resides in Fulton County and the Respondent resides in Cobb County, the divorce action must be filed in Cobb County. If the Petitioner resides out of state and the Respondent has resided in Georgia for at least six months, the divorce action must be filed in the Georgia county in which the Respondent resides. If the Petitioner resides in Georgia and the Respondent resides out of state, the divorce action cannot be filed in Georgia but, rather, must be filed in the state in which the Respondent resides.

In these tough economic times, people are often looking for ways to save money. So it is not surprising that Georgia divorce attorneys are often asked if a person can obtain a divorce online, rather than hire an attorney and go through the court system.

In Georgia, you cannot get a divorce online. You can obtain the divorce paperwork online, but you must file it with the Superior Court, who will then grant your divorce after going through the required legal procedure. Some counties offer help with divorce filings and make it easier than others to file and obtain a divorce without an attorney. However, there are some aspects of a divorce case, particularly child custody and child support, that require specific legal documents (i.e. parenting plan, child support worksheets) that must be filled out correctly and completely before the court will grant the divorce, even if all issues are agreed upon. Thus, while there is certainly nothing wrong with negotiating issues in your divorce without the assistance of at attorney, it might actually save you time and money to hire an attorney to help you with the paperwork to ensure it is done correctly and that there will be no issues in having your divorce granted as expeditiously as possible.

Georgia divorce attorneys are often asked whether the filing of a divorce action means the parties are legally separated. This question often comes from people who are interested in starting to date other people during the pending divorce.

Please keep in mind that Georgia does not recognize legal separation. Therefore, nothing changes about your marital status until your final divorce decree has been signed by the Judge. Until you receive your final divorce decree, you are still married in the eyes of the law and sex with anyone who is not your spouse is considered adultery. Whether this adultery is considered to be the cause of your divorce is a different question. It is important to note, however, that the Judge can take your actions both before and during the pending divorce action into consideration in awarding alimony, custody, and equitable division of assets.

Georgia divorce lawyers are often asked how long an average divorce takes in this state. This is a difficult question to answer because there is not really an “average” divorce case. The length of time depends greatly on whether the parties are able to settle matters and, if not, what issues they are fighting about. Even cases with similar facts can be very different. For example, consider a case where both parties work, and have 2 children, a marital home, several joint accounts, and some separate property. Some parties with these facts are able to resolve everything fairly quickly and easily. Other parties with these same facts, however, may argue over every custody, child support, alimony and/or equitable division of assets. Even one contested issue can cause a divorce to drag on, especially if it is something about which both parties feel passionate.

The length of a divorce case can also depend on the County in which the divorce is filed because some courts are more back logged than others. Often, there is not much you can do about this issue.

In our experience, the average time range for a divorce in Georgia is 45 days for a completely uncontested divorce to about 3 years for a hotly contested divorce. However, as mentioned above, this time can vary greatly based upon the specific facts of your case.

The Supreme Court of Georgia recently heard a case dealing with supervised visitation that was to be phased out through a transition period. In Sigal v. Sigal, before filing for divorce, the mother first filed a petition for separate maintenance. Sigal v. Sigal, S11F0835 (2011). In the decree from that case, the mother was granted primary custody and the father’s visitation was required to be supervised as a result of his documented drug and alcohol abuse problems. Id. at 2. The mother subsequently filed for divorce and “asserted that all issues regarding custody, visitation and support of the children were fully adjudicated in the decree of separate maintenance.” Id. The father disagreed and sought “reasonable and fair unsupervised visitation” with the children. Id. After hearing testimony from both parties, the trial court orally announced its ruling, holding that the father could have unsupervised visitation provided that he took and passed a drug test within the next 45 days and provided that the unsupervised visitation be phased in over a three month transition period. Id. at 3-4.

For reasons unknown, the final divorce decree was not entered for several months, though the visitation provision was entered nunc pro tunc from the date of the hearing. (This means that the visitation provision went into effect as of the date of the hearing, rather than the date of the final divorce decree). Id. at 4-5. As a result, the three-month transition period had already expired by the time the final decree was entered. Id.

For this reason, the mother appealed, and the Supreme Court of Georgia reversed the trial court’s ruling. The Court held that “the nunc pro tunc action as to the gradual transition provision in the decree here did not serve to conform the decree to the truth or the justice of the situation as originally intended by the trial court.” Id. at 7. “Rather, it had the exact opposite effect by eliminating the truth and justice recognized by the trial court…regarding the need of these children for a gradual transition period from supervised to unsupervised visitation with their father.” Id. at 7-8. For this reason, the trial court abused its discretion in making the visitation provision nunc pro tunc.

A recent Georgia divorce case was appealed to the Supreme Court of Georgia due to payment of transcript costs. Kent v. Kent, S11F1035 (2011). In that case, before the trial began, the judge asked the parties who had requested the court reporter and who would be responsible for her salary. Id. The Wife’s attorney responded that he had requested the court reporter and would be responsible for her cost, but the Husband’s attorney remained silent. Id. at 1-2. Only after the trial and after the judge had left the bench did the Husband’s attorney state that he would not pay for the court reporter cost. Id. After receiving an unfavorable outcome to the case, the Husband’s attorney filed a motion “to require the court reporter to transcribe her notes and provide him with an official transcript of the trial” so he could use it on appeal, adding that he was not willing to pay the entire cost of the court reporter. Id at 2-3. The trial court denied the Husband’s motion, finding that his failure to participate in the takedown costs was intentional and he could not now “take advantage of his opponent by only agreeing to pay for the costs of the court reporter now that he is certain that he needs the transcript.” Id. at 4.

The Supreme Court of Georgia disagreed with the trial court, citing long standing Georgia law which holds that, if there is express refusal to participate in the costs of the court reporter, the opposing party cannot later “compel the reporter to transcribe his stenographic notes” even with an offer to pay for same. Id. at 7; quoting Harrington v. Harrington, 224 Ga. 305, 306 (1968). However, a “mere failure” to respond to inquiries about court reporter costs does not amount to an express refusal. Kent, at 7. The Supreme Court of Georgia justified this reasoning, explaining: “By placing this affirmative burden on the party seeking a forfeiture of the right of his opponent [to a transcript] we intend to avoid the possibility that a party will lose this important right by inadvertence or mistake.” Id. In this case, there was no express refusal but, rather, a failure to respond.

Though the Court was sympathetic to “the possible unfairness [to Wife] in this particular case,” it was not willing to replace the bright line rule with a “case-by-case inquiry into the losing party’s subjective intent based on its conduct.” Id. at 11. Parties in Wife’s situation could avoid a situation like this by ensuring that express refusal to pay by the opposing party is on the record.

In Georgia, the procedure for service of process (i.e. service of divorce papers) on a party to a divorce action is the same as in any civil action in this state. According to Georgia law, “Process shall be served by: (1) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff’s deputy; (2) The marshal or sheriff of the court or by such official’s deputy; (3) Any citizen of the United States specially appointed by the court for that purpose; (4) A person who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought; or (5) A certified process server under Code Section 9-11-4.1, provided that sheriff of the county for which process is to be served allows such servers to serve process in such county.” OCGA §9-11-4(c).

In divorces and other family law cases, it is often prudent to have a certified process server, rather than a marshal or sheriff, serve your spouse. A marshal or sheriff will be in uniform when serving the papers, while a certified process server is usually in plain clothes. If you are having your spouse served while he/she is at work, it will cause less of a scene for a plain-clothes person to give him/her a stack of papers rather than a uniformed officer. In addition, if your spouse is avoiding service, you can often direct a certified process server exactly where to go and when to give him the best chance of effecting service. You can even give him the make and model of your spouse’s car and a photograph of your spouse. Often, a sheriff and/or marshal is unable to give your case this extra attention that may be necessary to effect service. For the above reasons, though a certified process server is more expensive, it may be money well spent in your divorce case.

The Supreme Court of Georgia recently addressed a divorce case, which highlights what can happen when the final divorce decree is signed by the judge, but not filed in the clerk’s office. Maples v. Maples, S11F0919 (2011). In that case, the trial court signed a final decree of divorce on June 1, 2000, but the divorce decree was not filed with the clerk until August 1, 2002. Id. Meanwhile, the parties, believing they were already divorced, remarried each other on June 25, 2000. Id. Ten years later, the wife filed a complaint for divorce and the parties thereafter learned that their original divorce decree was not filed until two years after they had remarried. Id. Upon the wife’s motion, the trial court amended the judgment in the 2000 case “by entering an order nunc pro tunc to ensure that the order reflected the true judgment rendered by the court, i.e., that the parties were to be divorced on June 1, 2000. Id. ("Nunc pro tunc" basically means that the order is backdated.) The husband appealed the entry of the nunc pro tunc order, asserting that a nunc pro tunc order cannot be used to backdate the entry of a divorce decree. Id. at 2. (Presumably, he wanted the 2010 divorce case to just be dismissed.)

The Supreme Court of Georgia affirmed the trial court’s holding, “[e]very court has the inherent power – and it is the court’s duty – to correct its own records to make them speak the truth. [Cits.] Where based solely on the record, and without the necessity for the introduction of extrinsic evidence, the court may, on its own motion and without notice, enter such judgment and decree nunc pro tunc at a later date.” Id.; quoting Norman v. Ault, 287 Ga. 324, 330 (5) (695 SE2d 633) (2010), quoting Moore v. Moore, 229 Ga. 600, 601 (2) (193 SE2d 608) (1972), overruled on other grounds. Here, the judgment had already been rendered and the divorce decree signed by the judge. There was nothing else to be done other than file the decree. The Court ended its opinion by pointing out that “[e]ntry of the divorce decree nunc pro tunc to the date of the signing of the decree was advantageous to husband, as well as wife, because it accurately reflected his intention to re-enter the bond of marriage on June 25, 2000.” Maples, at 5-6.

The Supreme Court of Georgia recently reinstated a bright line rule regarding a party retaining the benefits of a Georgia divorce decree that that same party is challenging. In Thompson v. Thompson, the Husband challenged the Final Judgment and Decree of Divorce, alleging that the trial court erred in its equitable division award by dividing funds and property that were his non-marital assets. Thompson v. Thompson, S10F1231 (2010). The trial court denied the husband’s motions for new trial, clarification, and reconsideration, holding that “he had availed himself of the benefits of the final order” and was, thereby, prohibited from challenging it. Id. The husband subsequently appealed the denial of his motions.

In affirming the trial court’s ruling, Supreme Court of Georgia followed long-standing principles of Georgia law. Specifically, the Court held that “one who has accepted benefits such as spousal support or equitable division of property under a divorce decree is estopped from seeking to set aside that decree without first returning the benefits.” Id. at 3. Thus, if you want to dispute a Final Judgment and Decree of Divorce in Georgia, you must either not accept any support or equitable division from that award, or you must return any portion of the award that you have accepted, before initiating any challenge.

The Court clarified that a party “may collect an award of child support and still repudiate a final judgment, as those benefits belong to the child.” Id. at 3-4.

Unfortunately, it can often take a long time to finalize a contested divorce in Georgia. Often, there are issues that need to be addressed sooner rather than later and, in those cases, a temporary hearing is held while the divorce action is pending. Issues addressed at a temporary hearing may be custody, visitation, child support, who will live in the marital home and who will pay bills while the divorce action is pending. The temporary order issued after the temporary hearing will direct the parties how to address these issues.

It is important to remember that a temporary hearing is, by it’s very name, temporary. The order issued after a temporary hearing will be a temporary order that will last only until a new temporary order addressing the same issues, or a final order in the divorce action. Though the judge may consider the temporary order and how it has been working in issuing his/her final order in the case, all issues may be re-litigated at a final hearing.

In divorce and other family law cases, it is very important to follow the letter of the law in filing pleadings with the court so that you do not miss out on any hearings or other notices. In a recent case, the husband filed a Complaint for Divorce and the wife, who had no attorney at the time, acknowledged service of the Complaint, but did not file an Answer or any other responsive pleading. Ellis v. Ellis, 286 Ga. 625 (2010). Shortly thereafter, the wife retained an attorney who filed an entry of appearance, but did not file any responsive pleading on the wife’s behalf. Id. The final hearing, of which the husband’s attorney provided notice to the wife’s attorney, was rescheduled, and the husband’s attorney agreed to inform the wife’s attorney of the rescheduled date for the final hearing. Id. The husband subsequently retained a new attorney who moved the trial court to enter a final judgment of divorce on the pleadings, without holding a final hearing. Id. After the trial court granted the husband’s motion and entered a final judgment of divorce, the wife filed a notice for new trial, alleging an agreement by the husband’s former attorney to provide notice of a final hearing date. Id. at 626. The superior court refused to grant wife a new trial, holding that the wife waived notice by failing to file any responsive pleading and any alleged agreement did not change this fact. Id.

Unfortunately for the wife, the Supreme Court of Georgia agreed with the superior court, as Georgia law is clear on this matter. OCGA §9-11-5(a) states: [T]he failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief. . . .”

Thus, in any divorce case, it is prudent to use the motto “better safe than sorry” so that you do not end up like the wife in this case. Even if you think you have an agreement with your spouse or his/her attorney, it is best to file all pleadings necessary with the court and look out for yourself.

To formally initiate a divorce in Georgia, one party must file a Complaint for Divorce. This is a pleading filed with the trial court that formally asks the court to grant a divorce and requests that certain things be awarded to the filing party, such as child custody, child support, alimony, and equitable division of property. As Atlanta divorce attorneys, we are often asked whether it makes a difference for one party to file versus the other. Generally, it does not make a difference. The party who does not file the Complaint for Divorce has the opportunity to file an Answer to the Complaint and Counterclaim for Divorce requesting the same things as the filing party (ex: child custody, child support, alimony, equitable division of property). Thus, that party does not lose out on anything by not filing first.

However, the timing of the filing of the Complaint for Divorce may be important in some situations. For example, if you discover your spouse is having an affair and you wait awhile to file for divorce, the court could use this timing to find that the affair was not the cause of the divorce, which could allow the cheating spouse to suffer no repercussions from his/her behavior during the divorce action. Thus, it is important that you provide your Atlanta divorce attorney with as much information as possible about your unique situation so that he/she can assess whether the timing of filing the Complaint for Divorce could be advantageous for you.

Recently, the Supreme Court of Georgia affirmed a Gwinnett Superior Court’s granting of a wife’s motion to strike the husband’s demand for a jury trial in the parties’ divorce action. In a divorce case, either party can demand a jury trial. Generally, “when a party makes a timely demand for a jury trial, the trial court cannot proceed without a jury unless the parties consent to a bench trial by a written stipulation filed with the court or an oral stipulation made in open court and entered in the record.” OCGA § 9-11-39 (a). One exception to this general rule is that “a party in a divorce case can, by [his] voluntary actions, impliedly waive a demand for a jury trial.” Matthews v. Matthews, 268 Ga. 863, 864 (2) (494 SE2d 325) (1998).

In Kauttner v. Kauttner, the wife filed for divorce and the husband requested a jury trial. Kautter v. Kautter, 286 Ga. 16 (2009). When the case was called for trial, the husband deliberately chose not to attend and instructed his attorney not to participate in the proceedings. As a result, the wife filed a motion to strike the jury demand. The Gwinnett Superior Court granted the wife’s motion and conducted a bench trial, and the husband appealed.

The Supreme Court of Georgia affirmed the granting of the motion to strike the husband’s demand for jury trial. The Court emphasized that the husband knew of the trial date and had no legitimate reason for not attending. Though the husband argued that by not attending he did not intend to waive the demand for jury trial, the Court stated that his actions were an implicit waiver and the trial court was authorized to strike his demand.

On February 10, 2009, in Hall v. Wellborn (A08A1800), the Court of Appeals affirmed the trial court’s dismissal of a mother’s Petition to Enforce Custody due to lack of jurisdiction. In December 2003, the mother divorced her former husband and was awarded custody of the minor child who, through paternity testing, was found not to be the child of the former husband. Shortly thereafter, the mother and child moved to Florida where the child’s biological father lived. The father filed a paternity action in Florida seeking sole custody and was awarded primary physical custody of the child.

Shortly thereafter, the mother filed an action in Georgia seeking to enforce the original Georgia custody Order. The Court of Appeals affirmed the trial court’s dismissal of this action because the Georgia court had lost continuing, exclusive jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, a Georgia court that makes an initial child custody determination maintains continuing, exclusive jurisdiction over subsequent custody matters except when neither the child nor the child’s parents have a significant connection to the state, or when neither the child nor the child’s parents presently reside in the state. Thus, Georgia lost jurisdiction and Florida was the proper state in which to bring this custody action.

On January 30, 2009, the Court of Appeals vacated the trial court’s award of custody to the child’s maternal grandmother instead of her father. In Galtieri v. O’Dell (A08A1822), the biological father, who had legitimated the child, contended that the trial court erred in its determination because it failed to find that awarding custody to him would harm the child.

The Court of Appeals agreed and vacated the trial court’s ruling, stating that “it is clear that the trial court failed to apply the proper legal analysis for determining whether custody should be awarded to…the maternal grandmother, rather than…the biological father.” Specifically, the Court pointed to O.C.G.A. §19-7-1(b.1), which establishes a rebuttable presumption in custody disputes between a biological parent and a third party relative that it is in the child’s best interest to award custody to the parent. To win custody, the third party relative must show by clear and convincing evidence that awarding custody to the parent would harm the child. The Court of Appeals found that the trial court’s statement that “from the personal experience of the court…it would be detrimental to the child to move from Georgia” was insufficient to meet this standard.

On February 9, 2009, the Georgia Court of Appeals vacated the juvenile court’s deprivation ruling in In the Interest of A.R. (A08A2411). The children were found to be deprived because their mother had surrendered her parental rights and her father was incarcerated. Notwithstanding the fact that the father was incarcerated and, thus, his location within the state was known, he was not personally served with the deprivation petition. Due to this non-amendable defect, the Order was vacated. As evidence of the importance of personal service, during the course of the appeal, the state even conceded that the order needed to be vacated due to lack of service.

On January 28, 2009, the Georgia Court of Appeals affirmed the decision of the Gwinnett County Juvenile Court regarding the modification of a temporary child support award in a deprivation case. In In the Interest of R.F. (A08A1683), a biological mother’s five children were found to be deprived and removed from her custody, and she was ordered to pay child support to the temporary custodians. She alleged that the trial court erred by treating her motion as one for modification of child support rather than a final child support order, ignoring statutory guidelines in determining the child support amount, and in refusing to modify the previous order.

The Court of Appeals rejected the mother’s argument that her petition was one for a final child support order. The Court questioned whether a juvenile court was the proper jurisdiction for a final child support order, but rested its holding on the fact that there had been no final disposition of the deprivation proceedings and, thus, there could be no final order.

The mother further contended that the trial court erred in treating funds from trust proceeds as her income for purposes of a child support determination. The Court of Appeals easily dismissed this argument, citing to O.C.G.A. §19-6-15(f)(1)(A)(x), which states that both trust income and gifts that consist of cash should be included in calculating gross income for child support purposes.

In addition, the Court of Appeals affirmed the trial court’s ruling in refusing to modify the child support amount. Interestingly, though the mother was trying to modify her support obligation downward, she argued that the substantial change warranting modification was the fact that the children had increased educational expenses. The Court simply stated that “the fact that the needs of the children have increased cannot serve as the basis for decreasing the amount of child support a parent is obligated to pay” and found no other basis for downward modification, based upon the evidence presented at trial.

On January 29, 2009, the Georgia Court of Appeals reversed the decision of the trial court, which held that the Husband’s claim for indemnification under the divorce settlement agreement was barred by res judicata. In Stone v. Stone, (A08A2020), the parties separated on August 28, 2005 and the Husband filed for divorce shortly thereafter. During the pending divorce, the Wife obtained five cash advances from an equity line of credit on the marital home and used the money for her own personal expenses. The Wife disclosed this action prior to finalizing the divorce and the parties’ settlement agreement reflected that the Husband would retain the marital home, but that the Wife would be responsible for, indemnify and hold Husband harmless from any liability arising out of this debt.

After the trial court entered a final decree incorporating the terms of the settlement agreement, the Husband sued the Wife for indemnification on the equity line of credit. The trial court dismissed the action after the Wife argued that Husband’s claim was barred by the prior divorce action because it could have been resolved at that time. The Court of Appeals disagreed, stating that “the breach allegation was not – and could not have been – adjudicated in the divorce proceeding, which concluded when the parties settled the case…” The Court of Appeals did not reach the merits of the Husband’s claim, but reversed the trial court’s dismissal.

On January 26, 2009, the Supreme Court of Georgia issued a ruling in Amerson v. Vandiver (S08A1707) regarding a Father’s agreement to termination of his parental rights in a divorce action. In March 2004, the parties entered into a settlement agreement in their divorce action wherein the Mother would have sole, permanent custody of the children and the Father agreed to the termination of his parental rights. Four years later, the Father moved to set aside the Final Judgment and Decree of Divorce alleging that the superior court lacked jurisdiction to terminate his parental rights.

After the superior court agreed with the Father and set aside the part of the judgment terminating his parental rights, the Mother appealed. The Supreme Court of Georgia pointed out that the juvenile courts, not the superior court, have sole jurisdiction for terminating parental rights, except in the case of adoption proceedings. Nonetheless, the Court went on to say that “[t]he stability of the family and of society demands that one who intends to attack an apparently valid decree of divorce should proceed with the utmost promptness.” The Court reversed the superior court’s ruling and held that the Father’s acts of invoking superior court jurisdiction for his divorce and entering into a settlement agreement which the superior court incorporated into its final decree, coupled with the Father’s four year delay in trying to set the decree aside, prevented him from attacking the agreement.

On November 13, 2008, the Georgia Court of Appeals issued a ruling in Kean v. Marshall (A08A0828) regarding the issue of proper jurisdiction for a child support modification action. The original child support Order was in Alabama, but the Mother sought to record and modify the Order in Georgia pursuant to the Uniform Interstate Family Support Act (UIFSA). The Mother filed her Petition in Henry County, Georgia, contending that the Father resided there and was, therefore, subject to jurisdiction. The trial court denied the Father’s motion to dismiss the action due to lack of jurisdiction and entered an Order modifying the child support amount.

The Court of Appeals reversed this ruling finding that the evidence reflected that the Father was domiciled in Alabama. The Court of Appeals placed emphasis on the fact that the Father “was registered to vote in Alabama, has always paid Alabama income taxes, has an Alabama driver’s license, and cares for his elderly father in Alabama.” There was also extensive evidence that the Father considered Alabama to be his home and intended to remain there, despite his military placement. Though the Mother argued that he resided in Georgia because he spent time there in the military and entered into an apartment lease while he was there, the Court of Appeals specifically found that the term “reside” does not mean “domiciled,” and that a person’s domicile is the place where the person resides with an intent to remain permanently or for an indefinite period of time. In reversing the trial court’s ruling, the Court of Appeals held that “[t]he proper focus is whether the record contained evidence that [the Father] took any action to change his residence from Alabama to Georgia, and the record is devoid of evidence showing any such action.”

Interestingly, in this case, the Order modifying child support was based upon an agreement by the parties with the Father reserving his right to appeal based on lack of jurisdiction.

In Georgia, divorces are filed in the Superior Courts. In order to file for divorce in Georgia, the Court must have subject matter jurisdiction over the marriage and personal jurisdiction over the non-filing spouse.

For Georgia to have subject matter jurisdiction, the filing party must have been a resident of the state for six months prior to filing. O.C.G.A. §19-5-2. In the case of a party who travels a lot for business reasons, this means the party must have established an initial residence in Georgia and intend to return to Georgia to live. If the filing party is not a resident of Georgia, the divorce can still be brought in this state if the respondent has been a resident of Georgia and of the county in which the action is brought for six months prior to filing. O.C.G.A. §19-5-2. The six-month subject matter jurisdiction requirement cannot be waived.

The State of Georgia must also have personal jurisdiction over the non-filing spouse. If the non-filing spouse lives in Georgia and is personally served within Georgia, then Georgia has personal jurisdiction. The non-filing spouse can waive personal jurisdiction and consent to jurisdiction in Georgia for the divorce action. If the non-filing spouse does not waive jurisdiction, the filing spouse likely has to go to that party’s state of residence to file the divorce.

Georgia’s Domestic Relations Financial Affidavit (DRFA) is a sworn financial statement required by most counties in divorce and other family law cases in Georgia. The DRFA is an itemized list of your monthly income and expenses, and a list of your assets and debts including bank accounts, retirement accounts, houses, and credit cards.

The DRFA is extremely helpful for a number of reasons in family law cases. First, it is a good overview of the financial situation of the parties and of the marital estate. Second, the DRFA is extremely helpful in determining alimony. Alimony is awarded on a need vs. ability to pay basis and the DRFA quickly shows how much expendable income or deficit a person has on a monthly basis. Third, the DRFA requires the parties to think through the expenses for their children which they should receive credit for on the child support worksheets.

As a sworn statement, the DRFA is often relied upon in Court as a snapshot of your financial circumstances so it is important to be as honest and accurate as possible. Look at monthly bills and expenses and put the actual numbers on there. We recommend keeping all documents on which you based your DRFA numbers so they are easily accessible if your numbers are later challenged in Court.

There are several do-it-yourself, uncontested divorce web sites for people to download forms to help them with their divorce in Georgia. We have had several people contact us recently about helping them finalize their divorce in Cherokee County. In each case they had paid an online, self-help web site to put together their forms to file for divorce. The couples had fortunately mediated their issues and entered a divorce agreement without hiring a Canton or Woodstock divorce lawyer. The problem arose when they went to the Judge to approve their uncontested divorce. Their Cherokee County divorce paperwork did not meet the requirements for the Court to approve their divorce, and the Court recommended that they hire a Canton, Georgia divorce lawyer to finalize their divorce.

In the end, they had to hire a Canton divorce attorney to get their uncontested divorce approved. So, to answer the question posed in the title of this blog, I would have to say that it depends on how much money they spent. On a positive note, the divorce paperwork they received from the web site allowed them to settle all of their issues on their own without the need for a divorce lawyer. From this perspective, the money they spent was probably worth it.

For the divorcing couple considering spending money on a self-help divorce web site, they need to consider whether the web site is familiar specifically with the rules of the County in which they are filing for a divorce. For the divorces in Cherokee County, I would suggest that if they spend the money on a divorce web site to try to settle their issues, they should take their divorce paperwork to a Canton or Woodstock divorce lawyer in Georgia to review the paperwork prior to submitting it to the Judge. The divorce lawyer can make sure that it meets the requirements of the Court. Otherwise, the divorcing couple may miss several days of work going to Court to get their divorce finalized. Moreover, it could delay the divorce being granted by months.

In a Georgia divorce, there are two documents where you can ask for your name to be restored back to your maiden name. If you are positive that you wish to change your name back to your maiden name, then your request is listed in the Complaint for Divorce, which is the initial pleading filed with the Court. Most times, the wife is unsure whether she wants to keep her married name or change her name back to her maiden name. According to O.C.G.A. § 19-5-16, you can request to restore your maiden name in the Complaint for Divorce, but it is not final until your divorce is finalized. There is a section in the Final Judgment and Decree that specifically asks for the Court to restore the wife’s name back to her maiden name. If you desire to change your name back, then you will need to list the name as you would like it to appear on the Final Judgment and Decree. Once the judge signs the Final Judgment and Decree, you can change her name back to your maiden name.

Even though the judge signs the Final Judgment and Decree, there are several other steps that you must take to legally change your name on documents. When you obtain a copy of the Final Judgment and Decree signed by the judge, you are only receiving a date-stamped copy from the court. If you want to legally change your name on your social security card, your drivers license or your bank account, then you will need to obtain a certified copy of the Final Judgment and Decree. You can obtain a certified copy from the Clerk of Superior Court of the county in which your divorce was granted and depending on the size of the Final Judgment and Decree, it typically costs only a few dollars. Most clerk of court are open Monday through Friday from 8:00 a.m. to 5:00 p.m. and closed on certain holidays. Before driving to the courthouse, it is recommended that you contact the Clerk’s office for their particular hours of operation.

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Over the years as divorce attorneys in Atlanta, we have received several calls from both women and men in which they want to file for divorce, but they are not sure where their spouse resides. In many cases, he or she has been separated from their spouses for years. Since they did not keep in touch with their spouse, they do not know where their spouse currently resides. There are several reasons why one of the spouses contacts our office for a divorce after so many years. One of the major reasons is miscommunication. When the spouses separated, one of the spouses believed that the other spouse filed for divorce even though they never received any paperwork from the court. Also, the parties may lead such busy lives that either one of the parties may have simply forgotten to file for divorce. There is usually some upcoming event, which causes one of the spouses to have to finally file for divorce. In some cases, one of the spouses is getting remarried and they need to be legally divorced prior to the date of their wedding.

Even though you may not be aware of your spouse’s whereabouts, a judge will still grant a divorce in Georgia, but in most cases, there is additional time and money involved. Before an attorney drafts any of the pleadings, you must provide as much personal information about your spouse, such as his or her last known address, his or her social security number, his or her full name, or his or her date of birth. The more information that you provide to your attorney, the more likely that your spouse can be located. Once you provide your spouse’s personal information to your attorney, they can perform a skip trace. In some cases, attorneys have access to public records databases where they can search for your spouse’s current address using his or her personal information. If your attorney does not have access to these databases, they can contact a third-party who can perform a skip trace for you. The third party company, however, does charge a fee to perform a skip trace on an individual. Also, the attorney or their staff can perform a postal trace in conjunction with the skip trace. When you perform a postal trace, a request is sent to the United States Postmaster in the city where your spouse last resided and the Postmaster will provide the attorney with the spouse’s last known address if it is available. The disadvantage of performing a postal trace is that if your spouse did not provide a forwarding address when he or she moved, then the Postmaster cannot provide the attorney with their new address.

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Each person reacts differently when he or she is served with a Complaint for Divorce. Some people are shocked and rendered speechless while others may remain calm. The best advice that we can give to you is not to panic. As we mentioned in a previous blog, there are three ways that someone can be served with a Complaint for Divorce in Georgia. If you were personally served, you were either handed the Complaint and Summons from a Deputy from your county’s Sheriff Department or by a private process server, who is someone in plain clothes who is authorized by the court to serve the paperwork. You may also have received a package from your spouse’s attorney with a copy of the Complaint and Summons as well as an Acknowledgment of Service form. According to O.C.G.A. § 9-10-73, you can sign an Acknowledgment of Service form in front of a notary and you do not need to be served by the Sheriff or a private process server because you are waiving additional service.

Once service is effectuated on you, whether you are personally served or you acknowledged, it is important to know that the clock on your case starts running. Once you are served, we recommend that you contact an experienced family law attorney to explain the next steps in the divorce process. If you have children, we highly recommend retaining an attorney, such as the ones in our firm, to represent you. It is very important that you are aware of the upcoming deadlines and do not miss any of them. According to O.C.G.A. § 9-11-12(c), you have thirty days from the date on which you were served or acknowledged service to file an Answer with the Clerk of Court, which is basically a written response to your spouse’s Complaint for Divorce. It is important to calculate the date on which it is due and to keep track of this date on a calendar so you do not miss this important deadline. When you are preparing your Answer, you must respond to each individual paragraph in the Complaint. If you agree with one of the paragraphs of the Complaint, then you would put “admit”. If you disagree with one of the paragraphs, however, you would put “deny”. Also, you can file a counterclaim according to O.C.G.A. § 9-11-13(a).

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In a contested divorce, the answer to this is simple – YES. Since it is a contested matter, a hearing before a judge or jury will be required in order for them to make a final decision regarding the division of assets, child support, child custody, alimony, etc. In an uncontested divorce, however, the answer is somewhat complex and confusing.

For an uncontested divorce, the following factors need to be reviewed when determining whether you need a final hearing: 1) the county in which your divorce is filed; 2) the judge assigned to your case; and 3) whether you and your spouse have children. Each of these factors provides an important role in answering this one simple question. According to O.C.G.A. § 19-5-10(a), there are two ways to finalize a divorce in Georgia once you and your spouse have entered into a settlement agreement. You can either attend a final hearing or by a “Motion for Judgment on the Pleadings”, which is an option available only to attorneys. If you and your spouse are representing yourselves in your divorce, you must have a final hearing.

It may seem unusual, but each judge in a certain county handles final divorce hearings very differently and not all of the judges in a particular county may allow a “Motion for Judgment on the Pleadings” to finalize a divorce. You can have two judges in a particular county and one of them accepts a “Motion for Judgment on the Pleadings” while the other judge requires a final hearing. Also, it is not uncommon for judges to accept a “Motion for Judgment on the Pleadings” only if the parties do not have any children under the age of 18. If you and your spouse have children, the judge will require a hearing to finalize your divorce.

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According the Georgia Rules of Professional Conduct, a lawyer can represent only one of the spouses in a divorce. During the course of the divorce, if the one of the spouses remains unrepresented by a lawyer, the lawyer for the other spouse or their staff can still communicate with him or her, but under Rule 4.3 of the Georgia Rules of Professional Conduct, the attorney is unable to give the unrepresented spouse any legal advice. He or she can, however, give the unrepresented spouse information on procedural issues. If he or she has any questions that require legal advice, he or she will need to contact an attorney.

During a civil case, one of the party’s attorneys may suggest using one of the discovery procedures to obtain information from the opposing side. Discovery is especially useful in highly contested divorce cases because the opposing party will be required by law to disclose information to their spouse’s attorney. According to O.C.G.A. § 9-11-26(c), there are four types of discovery. Three of the discovery methods are written while the remaining one is done in person. The three written types of discovery are:

1. Interrogatories (see O.C.G.A. § 9-11-33): Interrogatories are questions that one spouse may ask to the other spouse requesting certain information. Most interrogatories request such things as names and addresses of certain witnesses vital to the case, employment history, and the names and addresses of anyone with whom the opposing spouse may have had sexual relations during the parties’ marriage. According to O.C.G.A. § 9-11-33(a)(1), each side is limited to only fifty interrogatories, including any subparts. Each of the parties’ attorneys can ask all fifty interrogatories at one time or he or she can split them up and ask them at different points throughout the discovery process.
2. Requests for Production of Documents (see O.C.G.A. § 9-11-34): Typically, when an attorney decides to send the opposing party a set of Interrogatories, he usually sends Requests for Production of Documents along with them. When an attorney would like to see a specific document, such as the spouse’s paystub, the parties’ tax return, bank statements, or cell phone records, he or she will ask the opposing attorney to give them a copy of these documents in the Request for Production of Documents. The reason that the Requests for Production of Documents are sent in conjunction with the Interrogatories is because the attorney may ask for copies of documents that he or she previously asked about in the Interrogatories. The attorney, however, is not required to do so. Unlike Interrogatories, there is no set limit on the number of Requests for Production of Documents the attorney may ask.
3. Requests for Admissions (see O.C.G.A. §9-11-36): Out of the four types of discovery, attorneys send Requests for Admissions the least. Requests for Admissions are basically statements that one party may ask to another party and he or she must admit or deny the statements under oath. An attorney may send Requests for Admissions to the other side if he or she wants the truth from the other side, such as if one party had sexual relations with someone other than his or her spouse during the marriage. Like Requests for Production of Documents, there is no limit on the number of Requests for Admissions that you can send to the opposing side during the discovery process.

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The first step in the divorce process is filing a Complaint for Divorce. This is the initial pleading in the case that sets forth all of the basic information, such as the opposing party’s address, date of the parties’ marriage, whether the parties have children, whether the parties own a home, etc. The Complaint for Divorce does not, however, tell how the assets and debts are to be divided, the amount of child support that the custodial parent is to receive or if the parties are going to sell their home. These issues will be resolved by the court at a future point in time if the parties are unable to reach a settlement agreement during the process of the divorce.

When you file the Complaint for Divorce, it is typically filed in the Superior Court for the county in which the opposing party resides. There are a few exceptions when it is filed in a different county. If the opposing party resides out of state, in certain circumstances you can file for divorce in the county in which you reside if you meet the residency requirements. When you file for divorce, the court charges a flat fee for filing your Complaint for Divorce. The State of Georgia does not have a set fee and filing fees do range from county to county. For example, Metropolitan Atlanta area filing fees for divorces currently range from $78.00 to $90.00. Also note, the filing fee, however, does not include the costs to have the Sheriff serve your spouse. If you wish to have your spouse served by the Sheriff, there is an additional fee of $25.00.

Once your divorce is filed with the court, you will receive a date-stamped copy of the Complaint for Divorce which shows the date and time on which it was filed. The date-stamped copy will also include a civil action file number, which is a unique number assigned to each divorce action and lets the parties know which judge has been assigned to a case. Of note, unless a county only has one judge serving on the Superior Court bench, the parties do not get to elect which judge is assigned to a particular case. Each county uses a different system for assigning judges based upon the civil action file number. Once the Complaint for Divorce is filed with the court, your spouse will have thirty days from the date on which he or she is served or acknowledges service to respond to the statements made in the Complaint for Divorce and they must file a written Answer with the court on or before this date.

Under Georgia law, both parties in a divorce are required to attend a parenting seminar in Georgia if the parties have children under the age of 18 due to the volatile nature of divorce and the impact it has on children. See Uniform Superior Court Rule 24.8. The parties are not required to attend the seminar together - they can take it at separate locations and on different dates. Even though the content of the parenting seminar is basically the same throughout the state, each county manages its own parenting seminar program. Generally, the topics addressed are how to reduce stress for children during a divorce, visitation recommendations, financial obligations, conflict management, the changing parental roles during a divorce, stress indicators for children, and the needs and age appropriate expectations of children going through a divorce.

You can find more information for parenting seminars in Metropolitan Atlanta counties from our blog at:

• Cobb County
• DeKalb County
• Forsyth County
• Gwinnett County
• Fulton County

Please note that there are only a limited number of seminars offered each month so it is important to review the schedule and try to attend the next available seminar. If you cannot attend the parenting seminar for the county in which your divorce is filed, most counties allow you to take the seminar in any other county in the State of Georgia to receive credit. If you take the seminar in another county, however, you will need to bring the civil action file number assigned to your case with you.

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While we spend a lot of time in this blog talking about various divorce sub-topics in Georgia, most people coming into our office at the very beginning just want to know basically what is happens in a divorce in Georgia. While I think everyone know the obvious fact that a divorce ends a marriage, some of the major components are not as obvious.

From a big picture legal point of view, a divorce involves a division of marital assets and, when appropriate, an award of alimony. When children are involved, a divorce also resolves how custody and visitation with the children will be handled as well as determines the amount of child support that must be paid. While each of these issues can be fairly complex, a divorce really is as simple as making these basic determinations.

Procedurally, a divorce starts with the filing of a complaint which is then served upon the other spouse. From there, the spouse that was served with the notice of the lawsuit has thirty (30) days to file an answer (and possibly counterclaims). Once the answer is filed, the parties begin what is generally known as the discovery period where each party has the ability to ask written and oral questions to the other spouse (as well as third parties) about information related to the divorce action. Also, the discovery period allows each spouse to request that various documents be copied and turned over for their review.

At the conclusion of the discovery process, the Court generally entertains any motions by the parties and sets the case up for a final trial (either with or without a jury). Once the final trial occurs, the court then makes a final ruling addressing each of the legal points discussed above. Of course, at any point along the way, the parties are free to try and decide any or all of the issues themselves and there are various alternative dispute resolution mechanism in place to help the parties amicably resolve their differences.

Forsyth County (Cumming) and Cherokee County (Ball Ground, Canton, and Woodstock) are part of the 9th judicial district. All of the counties in this 9th judicial district work jointly to offer their seminar for divorcing parents throughout the judicial district. They are currently offering seminars in:

• Cumming at the Forsyth County Library located at 585 Dahlonega Street, Cumming, GA 30040
• Canton at the R. T. Jones Memorial Library located at 116 Brown Industrial Parkway, Canton, GA 30114
• and in Blairsville, Clarkesville, Dahlonega, Ellijay, and Gainesville.

The cost of the seminar is currently $50.00 per person. You can find additional information about these seminars at 9th Judicial Office of Alternative Dispute Resolution website.

Gwinnett County (Buford, Dacula, Duluth, Lawrenceville, Lilburn, Norcross, Snellville, and Suwanee) offers its Parenting Seminar in order to help parties involved in a divorce with minor children met their mandatory parenting time seminar at the Gwinnett Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Day seminars are held in conference room A West Wing. Evening seminars are held Jury assembly Room East Wing.

One unique fact about the Gwinnett seminars is they are offer either a four hour weekday seminar (from 9:00 am to 1:00 p.m.) or two two-hour evening sessions (from 6:00 p.m. to 8:00 p.m.). The cost of the seminar is currently $30.00 per person and registration MUST be received prior to the day of the seminar. You can find additional information and register online for these seminars at the Gwinnett County Parenting Seminar website.

Fulton County (Alpharetta, Atlanta, Johns Creek, Milton, Roswell) offers its Family in Transition seminar in order to help parties involved in a divorce with minor children met their mandatory parenting time seminar at three different locations in the county. Currently, it is offering a:

• Saturday morning seminar once per month from 9:00 a.m. to 1:00 p.m. at the Downtown Justice Center Building located at 160 Pryor Street, S.W., Courtroom G33, Atlanta, Georgia.
• Weekday morning seminar once per month from 9:00 a.m. to 1:00 p.m. at the South Fulton Service Center located at 5600 Stonewall Tell Road, College Park, Georgia in the auditorium.
• Weekday evening seminar once per month from 4:00 p.m. to 8:00 p.m. at the North Fulton Service Center located at 7741 Roswell Road, Atlanta, Georgia in the auditorium.

Please note that both the North and South service center locations require pre-registration. The cost of the seminar is currently $30.00 per person. You can find additional information about these seminars at Fulton County Families in Transition program website.

Cobb County (Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna) offers its Divorcing Parents Seminar in order to help parties involved in a divorce with minor children met their mandatory parenting time seminar at the Cobb County Superior Court Building (Building D; 6th floor jury assembly room), 30 Waddle Street, Marietta, GA 30090.

Cobb County (like Gwinnett) also offer both a four hour weekday seminar (from 8:30 am to 1:00 p.m.) or two two-hour evening sessions (from 7:00 p.m. to 9:00 p.m.). The cost of the seminar is currently $30.00 per person. You can find additional information and register online for these seminars at the Cobb County Divorcing Parents Seminar website.

In Georgia, there are three ways to properly serve your spouse with notice of your divorce. First, if you feel that your spouse will accept service of the Complaint, then we can mail the paperwork to your spouse and ask him or her to acknowledge service. According to O.C.G.A. § 9-10-73, your spouse can sign an Acknowledgment of Service form in front of a notary. By signing the Acknowledgment of Service form, your spouse is swearing under oath that he or she received a copy of the Complaint for Divorce. Your spouse would then send back the Acknowledgement of Service and it would be properly filed with the court.

According to O.C.G.A. § 9-11-4(c), there are two other options to serve your spouse – either by Sheriff or a private process server. We only recommend service in one of these manners if it appears unlikely your spouse will not acknowledge service because service of both the additional costs involved and the potential adverse reaction that they can cause. Unfortunately, when your spouse is unwilling to cooperate, these methods become required in order to advance your case.

If one of these two methods must be employed, we generally recommend service by the Sheriff. Currently, the Sheriff only charges $25.00 to serve a lawsuit making this option extremely cost effective when service must be perfected by an individual.

Unfortunately, some people will dodge service by Sheriff’s deputy or the Sheriff is unable to perfect service for some reason. In these types of cases, we recommend using a private process server to effectuate service. Depending on the county in which the divorce is filed, the process server is either permanently appointed or needs to be specially appointed. If the process server is permanently appointed by the Superior Court, then he or she can serve your spouse almost immediately because he or she has an Order from the Court allowing them to serve any party in any case that is filed in the Superior Court in that county. Most counties in Georgia, however, require process servers to be specially appointed. If the process server needs to be specially appointed, a Motion is filed with the Court and if the Motion meets with the Judge’s approval, he or she will sign an Order permitting service by that process server. Unfortunately, your spouse is unable to be served until the judge signs the Order. The costs for having a private process server vary from case to case and depending upon the efforts required to locate and serve a party so unfortunately there is not a set price for service.

DeKalb County (Avondale Estates, Chamblee, Decatur, Doraville, Lithonia, and Stone Mountain) offers its Seminar for Divorcing Parents at three different locations:

• The Callaway Building located at 120 West Trinity Place Room 311, Decatur, Georgia
• DeKalb County Courthouse Judicial Tower located at 556 N. McDonough St, 5th Floor Room “A”, Decatur, Georgia
• The Maloof Building located at 1300 Commerce Drive Decatur, Decatur, Georgia, in the Annex building

The seminars are held on:

• the first Wednesday of each month from 12:30 p.m. to 4:30 p.m.,
• the third Wednesday of each month from 9:30 a.m. to 1:30 p.m. and
• the fourth Friday of each month from 9:30 a.m. to 1:30 p.m.

The cost of the seminar is currently $30.00 per person. Dates and time are subject to change so please check the DeKalb County Seminar for Divorcing Parents website for the most up to date information and for online registration under the divorce tab.

According to O.C.G.A. 19-5-2, you must reside in the State of Georgia for a period of six (6) months before you can file for divorce. You would need to file the Complaint for divorce in the county in which your spouse resides.

If you live in the State of Georgia and your spouse resides out of state, you can still file for divorce in Georgia in the county in which you reside; however, your spouse would need to waive jurisdiction and venue in the state and county where he or she resides.