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So far millardlawdev has created 33 blog entries.

Contempt: Punishment and Modifying a Decree

You can request punishment for contempt, but cannot modify the terms of the final divorce decree.

In Sponsler v. Sponsler, Wife was awarded a rental property as part of the divorce; however, the rental property was titled in Husband’s name. The decree stated that Wife was responsible for the debt on the rental as of March 1, 2009. The decree also required Wife to transfer the debt on the rental out of Husband’s name a short time thereafter.

2017-08-03T06:15:26+00:00 August 1st, 2017|

Legally Changing a Child’s Name After Divorce

If a court issues an order determining who the legal and/or biological father of a child is, that same court can change the child’s name as it sees fit.

In a recent Supreme Court of Georgia decision, Denney v. Denney, Husband and Wife separated days after getting married. Wife filed for divorce while she was pregnant and when the child was born, she instructed the hospital to list her maiden name as the child’s last name on the birth certificate. The parties resolved all issues in the divorce except the child’s name, leaving this issue for the court. The trial court found that it did not have the authority to change the child’s name.

2017-08-03T06:09:32+00:00 July 24th, 2017|

Georgia Divorces Involving Out of State Defendants

Even though the defendant lives out of state, in some cases, a divorce can still proceed in Georgia.

In a recently released opinion, Eversole v Eversole, the Defendant, Husband, moved from Georgia to South Carolina less than six months before the Plaintiff, Wife, filed for divorce in Georgia. Wife attempted to have Husband served in North Carolina. When she was unable to serve him, she obtained an order from the trial court allowing her to publish service.

2017-07-06T10:55:09+00:00 July 6th, 2017|

Pre-Nups, Alimony and Attorney’s Fees

If your pre-nup waives alimony, it also waives attorney's fees.

In Vakharwala v. Vakharwala, the Georgia Supreme Court reversed the trial court's decision to award attorney's fees to a wife under O.C.G.A § 19-6-2. This is the law that allows a party to be awarded fees when there is a great disparity in income or other resources, which would prevent the party without the resources to adequately defend him or herself. In this case, the trial court awarded the wife $60,000 in attorney's fees.

2017-06-30T07:48:35+00:00 June 29th, 2017|

NEWS RELEASE: Marcy A. Millard Selected for Esteemed Lawyers of America

Alpharetta, GA, June 16, 2017 –(PR.com)– One of the most passionate and accomplished advocates for the children of Georgia has been selected for admission to the Esteemed Lawyers of America. As a divorce and family law attorney in Alpharetta, Marcy A. Millard has helped children reunite with parents and escape from abusive situations. Ms. Millard's [...]

2017-07-31T13:21:02+00:00 June 16th, 2017|

Divorcing Later in Life

Divorces occurring when the parties are approaching retirement or already retired require unique considerations. In such divorces, the primary focus is most commonly asset division and it is important to consider how each party can be secure in retirement following the divorce. Divorces where the parties are contemplating retirement or already retired often involve the [...]

2017-05-11T14:08:54+00:00 April 6th, 2017|

How Social Media Use Can Affect Your Family Law Case

Smartphones are now a ubiquitous piece of technology used by countless individuals to access social media. Many people routinely share insight and photographs of their children and the many aspects of their daily routines and rituals. While this may be a fun pastime, it can often be used against one or both parties in a [...]

2017-05-11T14:08:46+00:00 April 4th, 2017|

Biggest Divorce Mistakes People Make

Divorce can be a complex and emotionally draining process, especially if it is hotly contested. Not only are feelings hurt on both sides, but there is also a lot of money and time spent trying to reach a fair agreement. In order to obtain the results you want, as well as a fresh start in [...]

2017-05-11T14:08:37+00:00 February 27th, 2017|

Five Stages of Grief in Divorce

Divorce is not a situation people are usually emotionally prepared for. After all, no one gets married to get divorced. Nevertheless, divorce is something that happens whether we are ready for it or not. In fact, it is often stated that nearly 50% of marriages end in divorce. That does not make it any easier, [...]

2017-05-11T14:08:24+00:00 December 30th, 2016|

Myths About Divorce

If you and your spouse are considering divorce, it is only natural that you might want to reach out to your friends and family for advice and guidance. Unfortunately, that may not be the best course of action. Mom always gets the kids: While it is true that many cases result in the mother as [...]

2017-05-11T14:08:11+00:00 December 12th, 2016|