A Chapter 13 case begins when a debtor files a petition with the bankruptcy court serving the area where the debtor has a residence. Unless the court orders otherwise, the debtor also shall file the following documents with the court: 1. Schedules of assets and liabilities; 2. Schedule of current income and expenditures; 3. Schedule of unfulfilled contracts and unexpired leases; and 4. Statement of financial affairs.Chapter 13 contains a special automatic stay provision applicable to creditor... Read Full Story

Georgia has strict residency requirements for divorce filings. You must meet the residency requirements if you want to file for divorce in Georgia. The residency requirements are provided in the Georgia Code Sections 19-5-5. The compliant for divorce must be filed in the superior court of the county of the other spouse’s residence. If the other spouse has moved out of Georgia, the compliant for divorce must be filed in the superior court of county of the spouse residing in Georgia. The ground... Read Full Story

Georgia offers the option of “no-fault” divorce. In a no-fault divorce, you need that prove that your spouse is to blame, you merely tell the court that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your relationship.Georgia permits 'irreconcilable differences' type of no fault divorces as well as fault divorces. No fault divorce law eliminates requirement of "proof of fault" by providing for the dissolution of a marriage on a finding th... Read Full Story

Unfortunately, most of the general public does not have a thorough understanding of bankruptcy information. This causes misconceptions regarding bankruptcy. One of the major misconceptions of bankruptcy is that all possessions are taken and repossessed by the courts. Since there are many different chapters of bankruptcy, there are also many different takes on repaying debts, and only Chapter 7 requires a complete liquidation of assets. Even with Chapter 7, debtors are allowed exempts, or item... Read Full Story

Divorce is a part of family law. Family laws are complex. It is different from other laws. Hence choose an attorney who specializes in family law. Disclose all aspects of your case to your attorney. Your attorney needs to know the bad facts as well as the good facts. Knowing the bad facts helps your attorney to do damage control to minimize it. You can provide your attorney with a brief, bullet-point, summary of the facts of your case as you see it. The state of Georgia recognizes common law ... Read Full Story

Divorce is a part of family law. Family laws are complex. It is different from other laws. Hence choose an attorney who specializes in family law. Disclose all aspects of your case to your attorney. Your attorney needs to know the bad facts as well as the good facts. Knowing the bad facts helps your attorney to do damage control to minimize it. You can provide your attorney with a brief, bullet-point, summary of the facts of your case as you see it. The state of Georgia recognizes common law ... Read Full Story

Even if you divorce is going to be an uncontested divorce, you want to ask an attorney to look over your paperwork and review your settlement agreement. If either spouse has retirement benefits through work, an attorney will be needed to prepare the court order to divide them. There is no formal trial in an uncontested divorce, and the spouses probably won’t have to ever appear in court. Instead, you file court forms and a “marital settlement agreement”. A “marital settlement agreement” is an... Read Full Story

A Marital Settlement Agreement is a legal document signed by the parties going through a divorce that sets out how the parties agreement to settle their case. A marital settlement agreement must consider the following: • Child support• Spousal support• Health, life, and disability insurance• The house and other real estate• Cars and other vehicles• Household items (furniture and furnishings)• Personal items, including clothing, jewelry, tools, and athletic equipment• Stocks, bonds, and mutual... Read Full Story

Residency Rules for a Georgia DivorceGA has strict residency requirement in divorce proceedings. If you DO NOT meet at least one of the residency requirements, you have the following options: • Establish residency in Georgia for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).• Have your spouse do the filing if he or she meets the Georgia residency requirements. • Choose another state in which you or your spouse meet the req... Read Full Story

Melissa Detchemendy Augusta GA DUI LawyerMelissa Detchemendy is a trial lawyer practicing in all areas of General Practice. Specializing in: Personal injury, Workers compensation, Slip and fall, Criminal defense and DUI with a primary focus in litigation.AssociationsGeorgia Trial Lawyers AssociationGeorgia Bar AssociationAugusta Bar AssociaitonEducation Juris Doctorate:Indiana University School of Law, Indianapolis, IndianaBachelor of Arts in Political ScienceAugusta State University, -------... Read Full Story