Many couples hope a summer vacation will reconnect their family and strengthen their marriage. Instead, time away from everyday distractions sometimes brings long-standing problems into focus. If your recent vacation left you questioning your future, understanding your legal rights and options before making any decisions can help you move forward with confidence.

Divorce involving children is one of the most misunderstood areas of family law in Georgia. Many parents in Marietta and throughout Cobb County begin the process believing that one parent has an automatic advantage, especially when it comes to physical custody. A common misconception is that mothers are more likely to receive custody or that fathers face an uphill battle in court.

When the economy becomes uncertain, many people in Marietta, Georgia, and throughout the Greater Atlanta area put major life decisions on hold. Divorce is often one of them. It is common to think, Maybe I should wait until my finances improve.
In some situations, that may make sense. However, if your marriage is no longer working, delaying the process can create additional emotional and financial stress.

When you search for a divorce lawyer near me in Marietta, Georgia, you are not just looking for proximity. You are looking for clarity, trust, and an attorney who understands how family law cases are handled locally. Choosing an attorney who works within this court system regularly can make a meaningful difference in your case.

Searching for a “divorce lawyer near me” in Marietta, Georgia or the greater Cobb County and Atlanta metro area is not just about proximity. It is about trust, experience, and knowing exactly where you stand from the beginning. Divorce and family law matters directly impact your finances, your children, and your future.

Child custody issues can quickly become one of the most emotional and stressful parts of any family law case. Whether you are going through a divorce, separating from your child’s other parent, trying to modify an existing custody order, or dealing with visitation problems, the legal process can feel overwhelming.

Divorce and family law matters in Georgia can feel overwhelming without the right guidance. From understanding divorce timelines to navigating child custody modifications and flat fee legal options, having an experienced local attorney makes a meaningful difference.

Navigating a contested divorce in Marietta or Cobb County can be complex. Learn how working with a solo attorney who offers flat fee divorce representation provides clarity, cost transparency, and strategic guidance throughout the divorce process in the Atlanta metro area.

Family and divorce law in Georgia continues to evolve, and as 2026 approaches, individuals and families across Marietta and the greater Atlanta metro area should understand what to expect before making legal decisions that affect their future.

Child custody cases in Georgia continue to evolve as courts adapt to modern parenting, co parenting communication trends, and the best interest factors that guide every custody decision. For families in Marietta, Atlanta, Roswell, Sandy Springs, Alpharetta, and across Cobb and Fulton County, understanding how custody works in 2025 and 2026 is essential before negotiating or litigating your case.

Divorce in Georgia has always been complicated, but the landscape in 2025 feels more demanding than ever. Court systems continue to evolve, digital evidence is more common, and county level differences have widened. At the same time, many people now walk into consultations convinced that they understand divorce law because they read something online or asked an artificial intelligence program for legal direction.

Artificial intelligence tools like ChatGPT have quickly become part of everyday life. They can draft letters, summarize documents, and even generate sample contracts. But when it comes to something as personal and complex as divorce, relying on AI for legal guidance can cause more harm than good.

Navigating the holidays after divorce can be stressful for parents in Marietta and the Atlanta metro area. Understanding Georgia’s court-ordered holiday visitation schedule and knowing how to enforce your rights is essential. At The Law Offices of Sean R. Whitworth, we help parents resolve custody and visitation conflicts quickly so children can enjoy a peaceful holiday season.

Divorce is never easy, but understanding the process can help ease some of the stress. In 2025 and moving into 2026, couples in the Atlanta metro area are facing the same core issues of divorce property division, child custody, and support, but with new considerations such as rising living costs, blended family dynamics, and evolving court schedules.

Divorce in Georgia is evolving, and 2025 brings new updates that affect families across Atlanta, Marietta, and surrounding Counties.Whether you are considering divorce or already in the middle of the process, understanding these changes can help you make informed decisions. Attorney Sean R. Whitworth provides trusted legal guidance and represents clients with a clear, compassionate approach tailored to your family’s needs.

Divorce rates among women spike between ages 45 and 55, driven by hormonal changes, emotional reassessment, financial independence, and shifting priorities. At the Law Offices of Sean R. Whitworth in Marietta, GA, we understand the unique challenges of midlife divorce and provide compassionate, experienced legal guidance to help you move forward with confidence.

Divorce rates are rising across Georgia, and financial stress is a leading cause. Learn why money issues push couples apart and how Divorce Attorney Sean Whitworth in Marietta, GA offers affordable flat fee legal help to guide you through this challenging time.

Georgia divorce laws contain a number of rules and procedures that look simple on the surface but play out very differently once you are in front of a judge. These differences are exactly why trying to handle a divorce on your own can put your property, your parenting time, and your future at risk.

Family law is not about magic. It is about people, facts, and the law. Divorce, custody, and child support issues are emotional. That is understandable. But in the middle of that storm, you need a legal professional who is grounded, realistic, and focused on results that are possible under Georgia law.

If you’re a parent paying or receiving child support in Georgia, you may wonder what happens when your child’s needs evolve over time. From new medical conditions to educational expenses, life doesn’t stay the same, and neither should your child support order if it no longer reflects your reality.

With rising living costs, job changes, and economic instability, many families across Marietta, Atlanta, and the surrounding metro areas are reevaluating their financial responsibilities. If you’re currently paying or receiving child support, one of the most important questions you might be asking is:

Going through a divorce in Georgia is never easy. The emotional weight is heavy, and the legal process can feel overwhelming. But understanding your rights and having the right attorney by your side can make all the difference. At The Law Offices of Sean R. Whitworth, we guide individuals and families across Atlanta, Marietta, and surrounding areas through every step of the divorce process, with clarity, compassion, and results.

Divorce is difficult any time of year, but when children are involved, summer brings a unique set of challenges for parents navigating this transition. In Marietta and throughout Georgia, summer schedules, vacations, and custody arrangements can create extra stress and conflict. Attorney Sean Whitworth understands these challenges and works with clients to help them plan ahead and protect their children’s well-being.

Looking for a trusted family law attorney in East Cobb? Sean R. Whitworth offers compassionate, flat-fee legal services for divorce, custody, and family matters throughout Cobb County. Get clarity and support every step of the way.

Navigating divorce in Georgia? This guide explains each step—from filing to final decree—plus child custody, property division, and more. Marietta attorney Sean Whitworth offers flat fee legal support across Metro Atlanta for a clear, cost-effective process.

Divorce in Georgia: What’s New in 2025 and Why Marietta Families Trust Sean R. Whitworth Divorce is never easy—but it doesn’t have to be chaotic. For families in Marietta, Georgia, navigating the complexities of divorce in 2025 brings new legal nuances, especially when children are involved. Fortunately, with the right guidance, the process can be more manageable and far less stressful.

Divorce doesn’t have to be complicated or costly. In Georgia, an uncontested divorce offers a fast, affordable, and stress-free way to separate when both spouses agree on the terms. Attorney Sean R. Whitworth, a Marietta-based divorce lawyer, provides flat-fee legal services to help you navigate the process efficiently. Learn how to file for an uncontested divorce in Georgia and move forward with confidence.

If you’re facing unpaid child support in Georgia, you’re not alone. Attorney Sean R. Whitworth in Marietta specializes in child support enforcement, paternity, and legitimation to help ensure your child receives the financial support they deserve. Learn how to take legal action, enforce payments, and protect your parental rights. Call today to get the support you need!

Georgia’s child support guidelines have been updated as of July 2024, introducing changes in income adjustments, parenting time considerations, and cost-of-living factors. These updates aim to better reflect modern family dynamics and ensure fairness in support calculations. Attorney Sean R. Whitworth in Marietta, GA, provides expert guidance to help you navigate these changes effectively.

Holiday custody disputes can bring stress to separated parents during the festive season. Attorney Sean R. Whitworth in Marietta, GA, offers expert legal guidance to resolve conflicts, enforce custody orders, and protect your parental rights. Learn how to navigate Georgia family law and ensure a peaceful holiday for you and your children.

With over 16 years of experience, Attorney Sean R. Whitworth offers invaluable local expertise in family law matters. His deep knowledge of Metro Atlanta courts, combined with personalized service and a flat fee structure, ensures effective and stress-free legal representation for divorce, child custody, and more.

Navigating a divorce in Atlanta? Sean R. Whitworth offers experienced legal guidance, personalized attention, and affordable flat-fee services. Discover how our dedicated approach can make a difference in your case and help you achieve the best possible outcome.

Divorce is undoubtedly one of the most challenging experiences a person can face. The emotional turmoil, combined with the complexities of legal proceedings, can make the process overwhelming. In Greater Atlanta, some individuals consider handling their divorce on their own, often referred to as “DIY divorce.

Navigating the complexities of family law can be challenging, especially when faced with an unfavorable court decision. In Georgia, the appeals process offers a pathway to rectify potential legal errors and ensure a fair outcome. This blog will  guide you through the essentials of family law appeals, including common grounds for appeal, the types of appeals, and the critical timelines involved.

The Hidden Costs of DIY Online Divorce Filings in Georgia: Insights from Marietta’s Legal Expert, Attorney Sean R. Whitworth In the age of digital convenience, many Georgians are tempted to handle legal matters through online platforms. This is particularly true for divorce proceedings, where the allure of a quick and…

I Cheated on My Spouse in Atlanta: How Can That Impact My Divorce? Recently, a client came to me with the question How can cheating on my spouse in Atlanta impact my divorce? I decided to write a blog with the answers to this very common question.    If you’ve…

Understanding Out-of-State Relocation with Children After Divorce in GA: Insights from The Law Offices of Sean R. Whitworth in Marietta, GA Relocating after a divorce can be a complex process, especially when children are involved. For parents in Marietta, GA, and throughout the state, understanding the legal implications of moving…

Understanding Divorce Costs: The Clarity of Flat Fees with Sean R. Whitworth, Attorney at Law Divorce is a complex journey, emotionally and financially. At the Law Office of Sean R. Whitworth in Marietta, GA, we recognize the added strain that uncertain legal fees can cause, which is why we champion…

3 FACTS ABOUT GA DIVORCE LAW 3 facts about GA divorce law you should know if you’re thinking about getting a divorce.   2.) Georgia is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally.   3.) Georgia is a gender-neutral state when…

Georgia Law defines contested divorce when the parties cannot agree on all issues involved or one spouse flat out disagrees with the divorce. Often the issues are centered around splitting marital assets and child custody but each divorce is complex. At the Law Offices of Sean R. Whitworth, we understand…

Where do I file for Divorce if I live in Georgia?  Georgia Divorce Law requires that you file a complaint about divorce in Superior Court in the county where your spouse resides.  If your spouse no longer resides in Georgia, then you have to file in the county of your own…

How quickly can I get a divorce in Georgia? Georgia has a mandatory waiting period of 30 days after Divorce papers are filed before a court will issue a Final Order and Decree of Divorce. Even if the divorce is uncontested, the average process duration is 45 – 60 days depending on…

WHAT YOU SHOULD KNOW BEFORE YOU FILE DIVORCE PAPERS IN GEORGIA! ⚖️ Divorces can take anywhere from 1 to several months or years to be granted after you file for divorce, depending on the complexity of the case. Filing a divorce is rarely easy. While you can go about the…

THE GA FAMILY LAW DISCOVERY PROCESS Beware of useless litigation. After spending years litigating domestic matters and always charging a flat fee we noticed certain trends used when billing clients and one of the civil procedures used is known as discovery. Family Law Discovery is the process in GA in…

Custody and Visitation in Georgia  If you are preparing for a Divorce or Separation and you have children with your soon-to-be ex-spouse, you may have questions about Child Custody and Visitation related to Georgia Law. We have gathered these common questions regarding Child Custody and Visitation and their answers below. What is Reasonable Visitation?…

  Clients frequently ask us about dating during the divorce process  and the answer is always the same. It’s not recommended and can hurt your divorce case in the state of GA There is no legal upside to you dating while going through a divorce in the state of Georgia and…

How does Alimony work in Ga? Divorce in Georgia comprises four factors: division of assets, child custody, child support, and Alimony. Of those four factors, I get the most question and misconceptions about Alimony. Hands down, it’s also the most misunderstood. Some of the common misconceptions surrounding Alimony include that…

  Division of Assets in Georgia    Divorce Law in Georgia comes with its own set of rules. How does splitting assets work in the state of GA? Attorneys often hear questions like, “My spouse never put any money in my retirement account why do I have to consider giving…

What is the difference between a Temporary and an Emergency Hearing? In Georgia, parties motion for two types of hearings before resolving the case or going to a final trial.  What is a Temporary Hearing? Most family law cases (child custody, divorce, alimony, etc.) have a Temporary Hearing in front…

Can I Gain Legal Rights Of A Child I Raise But Am Not of Biological Relation?  Non-relatives raising children is a common practice in the United States. Neglect in families is a serious issue, and nowadays, it isn’t unusual for a child to be cared for by a family friend,…

Does Adultery Affect Alimony in Georgia? In short, Adultery absolutely can impact the outcome of your divorce! Cheating during a marriage often ends in divorce. It’s one of the leading causes of separation in Georgia. If this is the case for you, you probably have many questions on how cheating…

How to get through Holidays after Divorce?  Whether it’s your first, second, or third Thanksgiving after Divorce, making arrangements and navigating plans requires a little extra effort, especially when children are involved.  Be ready to create new traditions and prepare for challenges. Holidays can be tricky after Divorce. Please read…

13 Grounds for Divorce in Georgia The marriage is irretrievably broken Intermarriage by people within the prohibited degrees of kinship Mental incapacity at the time of the marriage Impotence at the time of the marriage Force, menace, duress, or fraud in obtaining the marriage Pregnancy of the wife by a…

Social Media can hurt you in Divorce In today’s world, social media is prevalent, and it has the power to do good and not so good. If you are pursuing divorce, social media can hurt you tremendously. If you say something on social media that works against your case, it…

Reasons for Divorces and Relationship Troubles during the Pandemic  Early on in the pandemic legal experts predicted divorces would skyrocket globally because, with shelter-in-place orders, couples would no longer be able to avoid their relationship issues.  What are the top contributing factors for relationship troubles and divorces in 2021? Financial…

Determine the reason for your Divorce prior to filing a partition  Divorce in Atlanta area and surrounding counties Georgia Law allows for a total of 13 different legal reasons, called grounds, for a total divorce. Twelve are fault-based. You will have to allege, and later prove, that your spouse did…

Are We Practicing Law Or Selling Used Cars? Practicing Law is a privilege that requires setting proper expectations with each and every client. As the Practicing Law Profession becomes more saturated with new lawyers and our homes become more fractured with emotional upheaval, I have begun to notice a trend…

Parenting and Divorce during a Pandemic In the past year we went from feeling on top of the world to feeling anxious and full of questions about a sudden and still unpredictable disease that is plaguing not just the USA but the world as a whole. vaccines may be the…

The complexity of divorce is stressful and often life-altering. Sometimes it generates overwhelming feelings and causes us to act out of character. Please read some of our tips on what to avoid when you’re going through a separation.  Avoid major physical changes during divorce Changing up your hair, losing weight,…

First, you decide if you really want to be divorced and that you understand all of the consequences of a divorce. Divorce means that you are severing the legal relationship you have with your spouse and all interaction as a result of this will be determined by a final decree…

We Will Gladly Represent You In Any Of These Family Law Issues: Divorce Law The state of Georgia also has certain requirements for getting divorced within their boundaries. LEARN MORE Alimony Law Alimony in Georgia is not regulated by any specific rule or regulation. LEARN MORE Prenuptial Agreements A prenuptial…

How does Alimony (Spousal Support) in Georgia work? Alimony (also referred to as “spousal support”) is a court-ordered payment from one spouse to the other to help maintain the marital standard of living or keep the lower-earning spouse financially stable for a period of time during and after the divorce.…

What Are Billable Hours? Most attorneys in Georgia use the traditional method of billable hours instead of flat fees. Usually, this is because they want the freedom to charge as the domestic matter progresses and assure that they receive what they think their work is valued. This method is ethical,…

Daily I receive calls from clients in Georgia, concerned about the most tedious part of any litigation process; this is the process known as discovery. Discovery is simply the period during litigation in which an attorney is allowed to seek information and answers relevant to the development and presentation of…

GEORGIA EQUITABLE CAREGIVER STATUTE IS NOW IN FULL EFFECT  Custody Law Changes in Georgia that could affect your Case! On July 1, 2019, a sweeping overhaul to Article 1 Chapter 7 of Title 19 of the Official Code of Georgia Annotated went into effect regarding the parent and child relationship…

Why You Should Pay Flat Fees for Divorce and Family Law Issues  Legal services and the retaining of an attorney is the only purchase a person makes in which they agree to the service without finalizing the agreed-upon price. Charging Flat Fees for Divorce & Family Law matters should be…

Georgia Child Custody Factors Considered by a Judge:  The bonding and emotional ties that exist between each parent and the child The length of time the child has lived in the current home and whether that environment is stable and satisfactory The mental and physical health of each parent Evidence…

Top-Rated Divorce Lawyer in Marietta Georgia! Read our reviews! ⭐️⭐️⭐️⭐️⭐️ Dec 19, 2019 by Kenny on The Law Offices of Sean R. Whitworth 5 Star Review Avvo! After 15 months, 3 different divorce attorneys, lots of stress and money spent on attorney fees, I was blessed to found Sean Whitworth.…

Divorce Affects Your Health If You Allow It! Divorce is never without stress and this has its downsides, especially when it comes to your health. Divorce can be one of the most stressful times in a person’s life. Divorce affects your health in so many ways if you allow it.  Divorce…

THE DIVORCE PROCESS AND WHAT YOU NEED TO KNOW  Everything seemed so simple at the start of your relationship; You never expected the divorce process to be such a difficult situation. Even in the best of circumstances, tempers can escalate, and every decision can seem to be more stressful than…

Holiday’s After a Divorce  The first holiday in and around Atlanta after a divorce when children are involved can be the most emotional and difficult time in your life. Holidays are already highly emotional events for many people. During the course of the divorce, it sometimes feels like a nightmare.…

In Georgia, Debts during Divorce as well as Assets are to be divided equally   Like assets in a marriage in Georgia, debts are also to be divided into equity. This means that the court will do what is considered fair when it comes to the division of debt and…

Marietta’s Trusted Divorce Law Firm Often Handles Complex Divorce Cases  What is a complex divorce? In an ideal divorce case, both parties are able to come to an agreement without discord. Divorce arrangements are made smoothly and include reasonable child custody and child support arrangements, alimony, property division, and more.  No major…

My Ex Left Our Kids With Me Do I Still Have To Pay Child Support? The short answer is yes. As long as there is a Georgia court order for child support payments, you are still legally required to make those payments until such order is modified (by you). Do…

Georgia Family Law – Who gets the children after the Divorce?  In Georgia, child custody law statute is actually gender neutral, in fact, it is not uncommon for fathers to get custody in Georgia.  Georgia code 19-9-3(a) (1) clearly states that in all cases in which the custody of any child…

Tips On How To Modify Child Support Orders  In Georgia, the Law is very clear on how to Modify Child Support but modifying an original child support order can still be confusing for many parents that are not familiar with Georgia Family Law.  This is the reason that parents often decide not…

Alimony in Georgia how does it work? Adultery is one of the leading causes of divorce in any state, but what does Georgia Law say about this matter?  If you and your spouse have decided to end your marriage due to one spouse’s indiscretion, you might be wondering whether it will…

You’ve made the decision to file for divorce, and now you are wondering how to break the news of divorce to the kids. Now what? The first thing you must do is to determine, together, the best way and the best time to inform the children about the divorce. Kids…

Spousal Support The short answer to that question is that it is up to the Superior Court. Under certain circumstances, it can be decided that alimony or spousal support is necessary because they take into consideration the contribution of each spouse. Who cared for the kids? Who supported the other’s…

Your Answers to Common Questions about Custody Law & Visitation in GA At the Law Offices of Sean R Whitworth, we often get questions concerning child custody and visitation. Seek legal counsel in your state. The answers listed here are specific to Georgia  Family & Divorce Law. Our offices are located…

Beware the Judge Beware the Judge. When you decide to litigate your matter consider that you are placing the decisions as to who will raise your children, when you will visit them, who will make basic day to day decisions and how will years of accumulated assets be divided all…

Child Support Information & Answers to Common Questions Sean Whitworth, Attorney at Law, knows the importance of providing current Child Support Information to potential clients. In the past, the state of Georgia has calculated support based solely on the income of the non-custodial parent. Support was set within a certain percentage range, depending…

Sharing the latest updates about Georgia Family Law and how to enforce Child Support  Enforce Child Support for your children’s sake. Is your former spouse failing to pay you the awarded child support – letting you struggle to make ends meet?When faced with this problem, many custodial parents feel powerless. Fortunately,…

Valentine’s Day and Divorce: Could Be Blessing In Disguise – This goes for newly separated couples too Valentine’s Day and Divorce. Long ago during the Middle Ages, this day was a time when courting was in full bloom and was largely associated with love and romance. While Valentine’s Day (Saint…

13 ACTIONS you should avoid when you are newly separated!  Going through a Divorce? There are rules newly separated couples need to follow while going through the divorce proceedings. Newly separated folks often do and say things that they will regret in the future. Emotional outbursts and acts in the name of…

DISCOVERY AND THE OBLIGATION OF PARTIES TO SUPPLY REQUESTED DOCUMENTS Is your Lawyer billing you hourly? Choose your lawyer carefully and read this article to find out more. One of the most frustrating matters in litigation, and especially family litigation, is the use and misuse of what is commonly called discovery.…

How To Enforce Child Support in Georgia The first step is to educate yourself by reading about the law in your state,  then hire a qualified Family Law Attorney that can help you enforce child support effectively. There are a number of legal actions you can consider if the parent…

What is considered a Divorce Emergency according to Georgia Law?  If you have a pressing Divorce Emergency contact us immediately, we offer free consults, flat fees and in some circumstances we can work with you on a payment plan.  One of the reasons to hire Sean Whitworth or any good…

Where Do I File My Divorce? Today it is very common to have to deal with jurisdictional issues when deciding when and where to file a divorce action. Often the parties separate and leave the state in which they were residents and wait months before proceeding with their divorce. This…

I Thought I Had An Uncontested Divorce The smartest manner in which people can handle their divorce actions is by doing what is considered an uncontested divorce. You may have heard or seen a great deal of advertisement in which attorneys offer their services for uncontested divorces at reduced rates…

Divorce Requires Proper Service Often, I am in a courtroom and people without lawyers stand up, ready to get divorced. The judge reviews the file only to ask the party if there has been proper service. The individual looks around the crowded courtroom and asks what that means. Then, they…

THEY TOLD ME I DID NOT HAVE TO PAY CHILD SUPPORT:  Just because you do not agree with the court’s order is never a reason to disregard the order.  Many people come to my office and are surprised when their ex-spouse files contempt against them because they did not do…

WHAT IS THE DIFFERENCE BETWEEN FAULT AND NO FAULT DIVORCE Georgia, like most states, is a no fault divorce state; which essentially means the reason for the divorce is not for the court to consider, we call this irretrievably broken or irreconcilable differences.  When a complaint is filed as a…

The honest answer most people never get: with hourly billing, nobody knows. That is not evasiveness. It is the structure. When an attorney quotes you $350 to $600 per hour, they are quoting a rate, not a price. The number of hours is unknown at the outset and stays unknown…

My Ex is leaving the state with the children Can she/he use the uniform child custody jurisdiction act?  We can’t begin to tell you how many times we hear this sentence: “My Ex is leaving the state with the children.” Most parenting plans and settlement agreements include language that requires…

What are the costs associated with divorce? Contact Us Today 770-288-5963 Click Here To Request An Appointment What many people never consider before they enter into divorce or post divorce litigation are the costs, both financial and emotional. This is because they fail to understand neither what they wish to achieve…

“ALL TOO OFTEN I HEAR THEY CHEATED ON ME.” GEORGIA LAW  & ADULTERY Most people come to my office with dozens of texts, emails and recorded conversations anxious to show that their spouse is committing adultery. They have seen the shows in which a nervous spouse is forced to admit…

Child Legitimation Atlanta is Required in Georgia Most people don’t realize that Georgia requires the father of a child born out of wedlock to formally legitimate this child.  This process actually involves a formal law suit in which the parties seek relief from the Superior Court in the county of…

  When facing the reality of a divorce most people realize that they will need an attorney to navigate the process.   The dilemma they have is choosing which attorney is best for them.  The relationship between a client and an attorney in litigated matters is a very personal relationship and…

Transfer of Property During a Divorce During the divorce process the individuals will always have to deal with the division of the home and vehicles and it is essential that the parties understand how these assets are divided. Other than the retirement accounts these assets are the most significant properties…

Georgia does honor prenuptial agreements and they will be enforced.  One consideration in Georgia is that this is not a community property state and the court does not consider all assets when deciding the distribution of marital property.  The court can only consider those assets accumulated during the marriage and…

When considering whether you need a lawyer for a divorce in which both parties seek to amicably separate the answer is it depends on the cost. Many people think they have an uncontested divorce and are in agreement on all of the issues involved in a divorce but as the…

Often, people come to my office and tell me that they have settled on the issue of custody and it will be a joint arrangement. Custodial arrangements, though, aren’t as simple as they seem. Parents assume that joint custody in Georgia means that they will share custody of their children. However, in…

Where Should I File My Divorce? In Georgia you must deal with venue, jurisdiction over subject matter and jurisdiction over the parties. This is a very important element of divorce in Georgia and if you fail to establish proper jurisdiction in the State of Georgia your action will be dismissed.…

Social media is a wonderful format to stay in touch with friends and loved ones, to stay relevant as a business; however, it is the worst place to post your private moments and those moments that may not be so funny years from now. As a domestic attorney I cannot…

Here at Law Offices of Sean R. Whitworth we understand that DUI charges in Georgia are serious. Many Atlanta drivers are forced to commute daily and though many counties are very close, they are not close enough after having as little as two beers. As a Marietta and Atlanta based…

The short answer is yes if they are 14 years old; however, the issue is a bit more complex than this.  In Georgia a child at 14 once was able to make a final determination regarding a custody decision.  Today a child at 14 can still make this determination, but…

One of the most disturbing things I hear is that they have paid someone thousands and thousands of dollars, depleted their retirement funds and they are still seeking resolution to their problem.   I am sickened by the incentives inherent in this profession that reward non-resolution of problems at the financial…

Many times I meet potential clients and find myself extremely disappointed in some of the things they tell me in their efforts when hiring attorneys. As the profession becomes ever more crowded and the competition ever more fierce for clients able to afford representation it has become increasingly common to…

On Christmas Eve I received a tearful phone call from a father tormented by the loss of his child that evening. This man is on the birth certificate, he has raised his son alone for the last four years and this Christmas Eve the mother has decided that she wants…

The holidays are one of the most difficult times for parents who went through a divorce. Not only are there changes in the schedule and times in which you can spend with your children but often the custodial parent begins to deny access to the children. The court ordered that…

In Georgia an adoption can occur in one of two ways, the parents may voluntarily seek to have their child adopted or they may have their parental rights terminated. Georgia allows for a consensual adoption of third parties that usually involves a stepparent or relative. If this is the case…

If you are the victim of harassment or abuse by an individual the State of Georgia provides for protective orders.  There are two types of protective orders, a family violence protective order and a stalking protective order. Many times during the stress and emotions of a divorce one or both…

Dealing with child custody and visitation issues during a divorce or modification are always some of the most emotional issues involved in the divorce or modification process.  In Georgia there are both legal and physical custody.  It is rare for the court not to award joint legal custody.  This simply…

When a marriage is ending it can be one of the most difficult and trying times in an individual’s life.  A person is asked to face a major life change and at the same time expected to focus on all of their future interests and the interests of their children.…

Just because you pay an exorbitant amount for your attorney fees, this does not mean that you have a better attorney, it simply means you have a more expensive attorney and one that has marketed themselves into a community that assumes the more I pay for something the better it…

This question depends on a multitude of factors, mostly yourself. In Georgia, a defendant in a divorce action has thirty days to answer the complaint for divorce and then the parties have six month to complete all of the discovery necessary to prepare for the action, and this period can…

Many people ask if an adulterous relationship will cause a parent to lose custody and the answer is it depends. In Georgia you have to show evidence of a true physical relationship as well as that this relationship was the cause of the divorce. If these elements are present merely…

A question I hear is DOES THE MOTHER ALWAYS GET THE KIDS? The answer is No. In Georgia gender is not a consideration when determining the custodial arrangement of the children. The statutes in Georgia are gender neutral and contrary to popular belief the father is as likely to obtain…

In my prior entry I gave an overview of the requirements for filing a divorce in Georgia and some of the process, but it is in the process or litigation in which you will become the most frustrated. While your attorney prepares for a hearing there is a period of…

The first thing to know about divorce in Georgia is that if you want one you are getting one and if you are served with one you are getting one. What this means is that Georgia is a no fault state, which means that you do not have to prove…

Yes, Child Abandonment is a Crime in Georgia If you leave your spouse with the children you are potentially committing a crime in Georgia. In fact, if you leave your spouse while pregnant in Georgia you are also potentially committing a crime in Georgia. In Georgia, the law provides for…

Simply put, it depends. In Georgia matters are decided in equity, which essentially means that which is fair to the parties based on the evidence presented and statutory guidelines. The vast majority of the time the judge will look at the debt in its entirety and simply split this between…

If there is one thing you will rarely get in divorce litigation it is revenge.  In Georgia we have an equity system when dealing with divorces.  This essentially means the judge will do what he or she thinks is most equitable or fair.  Of course there are laws and there…

The short answer is yes. In Georgia state statutes provide for service and jurisdiction over divorces even when the defendant lives in another state. This is possible as long as the party filing has lived in the state of Georgia for six months prior to filing the action. So if…

I was in court a few days ago trying to resolve a case in which my client is in Afghanistan and could not come to court yet he was desperate to finalize his divorce, realizing that we needed to get the matter resolved and would not without the agreement of…

As the economy struggles I regularly enter into cases in which the opposing party chooses to enter the courtroom without an attorney and inevitably the hearing is a debacle of errors and frustrations for all of the parties. Needless, to say the individual without an attorney does not know the…

Divorces can be final in as few as 30 days, although very complex divorces and those that go to trial may not be final for months or even years. Once a divorce is filed and one party wants to go through with it, you can’t stop it from happening. Unless…

In a divorce one of the most contentious issues is usually the marital home.  The home is a marital asset if purchased during marriage, regardless of whose name is on the mortgage or title.  This means that during the divorce you will have to decide who gains possession of this…

Attorneys usually charge a retainer and bill their clients per hour.  The retainer is an amount asked for upfront and held in escrow in which the attorney removes funds as they are earned, after this amount is depleted they begin sending invoices for every minute they spend on the matter…

You just divorced your spouse and they decided to move out of the state with your children? Do not refuse to return the children, it is essential that you modify the decree. In Georgia, there must be a substantial material change of circumstance for the court to revisit its decree…

IF YOU CANNOT PAY YOUR CHILD SUPPORT MODIFY, MODIFY, MODIFY The biggest mistake non-custodial parents make after losing a job or suffering a financial set back is simply not paying the court ordered support any longer. Once the support is not paid the overall amount owed in back support, or…

ABANDONMENT IN GEORGIA When the marriage disintegrates to divorce and you are asked or decide to leave the family home your obligations do not end by simply leaving. In Georgia it is actually a misdemeanor to leave your children and not provide support and a possible felony if you leave…

In Georgia the courts can appoint and the attorneys can request that a third party individual be appointed to represent the interests of a child during a custody matter. This individual is usually an attorney who is meets certain criteria to represent the children in a custody dispute. Much like…

In Georgia the statutes allow for a child to sign an elective affidavit, which stipulates their selection of parent, beginning at the age of eleven. However, this selection is not necessarily determinative of which parent will get the children. The court still looks at the best interest of the child…

Dharun Ravi has been sentenced to 30 days in jail for setting up a webcam in the Rutgers University dorm room that he shared with Tyler Clementi so that he and follow students could watch while Mr. Clementi had sex with another man. Ravi’s actions resulted in convictions for 15…

A Los Angeles jury convicted Pedro Espinoza of first degree murder for the senseless and tragic killing of Jamiel Shaw. (LA Times, 10 May 2012; p. AA1). Espinoza, a recently-paroled gangster, killed Jamiel Shaw in the mistaken belief that the red backpack that Shaw was wearing indicated that Shaw was…

The federal Fair Sentencing Act of 2010 significantly reduced the sentences for defendants who are convicted of violating the crack cocaine laws. Should the sentences that the new Act provides for be given to defendants who were convicted before the Act was passed, but who have not yet been sentenced?…

In Florence v. County of Burlington (2012) the US Supreme Court ruled (by a vote of 5-4) that jailers have a general right to strip search all arrestees, even those arrested for minor offenses such as vehicle code violations. Strip searches are valid under the Fourth Amendment even if jailers…

Galin Frye was a serial revoked-license driver, with 3 convictions on his rap sheet. Arrested for a 4th time for driving with a revoked license, Frye was charged with a felony carrying a maximum term of 4 years in prison. The prosecutor sent Frye’s lawyer a letter: if Frye pleaded…

Many people cringe when they get a notice of jury service, anticipating possible disruption to their daily lives. But the perils of jury service can be much greater. In the California Supreme Court case of People v. Abel (2012), the defendant was convicted of capital murder and sentenced to death.…

Most of us believe that we’d never confess to a serious crime that we didn’t commit. But quite a few people do. According to the Innocence Project, about 25 % of suspects who have been wrongfully convicted and later exonerated by DNA evidence had confessed to a crime they didn’t…

Miranda v. Arizona, the 1966 US Supreme Court case that is familiar to anyone who has ever seen a TV cop make an arrest, requires that police officers warn suspects who are “in custody” that they have a right to remain silent and to speak to an attorney. How the…

The Double Jeopardy Clause of the US Constitution bars the government from trying a defendant twice for the same crime. So assume that a defendant is charged with first and second degree murder. The jury acquits the defendant of first degree murder, but is “hung” because it can’t agree on…

Former LAPD detective Stephanie Lazarus was convicted in March 2012 of the brutal 1986 killing of Sherri Rasmussen, the wife of Lazarus’ former boyfriend. Because of the LAPD’s slothful investigation of Rasmussen’s murder, Lazarus remained at large until 2009, all the while progressing up the LAPD chain of command. Kudos…

UNDER WHAT CIRCUMSTANCES CAN CUSTODY AND VISITATION ORDERS BE CHANGED? After a final decree of divorce or other order establishing custody and visitation is filed with a court, parents may agree to modify the custody or visitation terms. This modified agreement may be made without court approval if consented to…

A Temporary Protective Order (TPO) is a legal document issued by a court to help victims obtain protection from persons abusing, harassing, or stalking them. A TPO will generally prohibit contact between parties and may remove or restrict someone from a certain place or residence. Once there has been a…