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Attorneys at Law

Representing North Georgia and the Metro Atlanta Area

Providing Legal Counsel Since 1975
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The Process of Divorce:

  • The initial complaint is filed
  • Allow 30 days for respondent to answer
  • A temporary hearing may be requested
  • A mediation may be requested
  • A final judgement is made at trial
  • There is no pre-determined time for the divorce process

You've Been Served:

  • Your lawyer must file an answer within 30 Days
  • You may request a temporary hearing
  • You will determine your wishes for custody and property with your attorney
  • A mediation may be necessary 
  • A  final judgement will be made at the trial

 

 

Custody & Property:

  • Custody can be contested or uncontested
  • Determining custody can be arduous
  • Your lawyer will explain types of custody agreements
  • Property division is determined by many factors
  • Hiring and attorney to protect your interests in any divorce situation is crucial
 
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  Modification:

  • Custody or Visitation Modification can only be done once in each 2-year period
  • A Parenting Plan must be submitted by the parents
  • Consideration for a change in custody is allowed on the basis that a significant change has taken in family circumstances has taken place.
  • Relocation and Child Election (age 14 and older) are considered change in family circumstances

    Visitation

  • Grandparents can request visitation with grandchildren their right in the state of Georgia
  • Grandparents may file an action for visitation if the child or children do not live with both parents, or a separation has not occurred between the parents.
  • Grandparents may "intervene" if there is an existing legal action regarding the children, such as; divorce between parents, adoption by a step-parent or family member or the termination of parental rights of one or both parents.
  • Visitation will be determined based upon the best interest of the child.  Past relationship, support of the child and any effect that visitation would have on the child will be considered.

   DFCS

  • In the event that abuse or neglect are suspected, the Georgia Department of Family and Children Services may retain temporary custody of a child or children until a parent or family member is found to be a suitable guardian
  • DFCS has the right to take permanent custody or terminate parental rights  if both parents or a family member are not able to care for a child or children in an abuse or neglect case, or if the parents are unable to provide a safe home and care for the needs of their children
  • It is important for parents involved in a child dependency action to have an attorney that is experienced in Family Law and Juvenile Court situations.
 
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You're Being Arrested:

  • Remain calm and respectful
  • Do not speak to officers before speaking to a lawyer (you have the right to remain silent)
  • Remember that you are presumed innocent until proven guilty

Once In Custody:

  • A limited search of your person, property or vehicle may be conducted. (You do not have to comment on items found or questioned by officers)
  • You will be granted phone access to obtain bond and/or a lawyer
  • You may bond out or make bail while you await a court summons

The Criminal Court Process:

  • A DA determines whether you will be charged with a crime
  • Charges are issued or declined
  • A series of appearances and hearings will take place if the process continues to a trial
  • A trial may take place if a plea agreement or plea bargain is not made
  • If you are found guilty, a sentencing will take place
  • Your lawyer may file an appeal after sentencing
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What We Stand For...

Over the years, thousands of aggrieved people have trusted Abernathy, Price & Associates to represent them in court. In fact, many of our clients are referrals from previously satisfied clientele who have faith in our experience, and confidence in what our firm has to offer.

At Abernathy, Price & Associates, we believe this trust is earned through hard work and superior legal representation. We understand how the reckless behavior of others harms not only our clients, but their loved ones as well. Our mission is to reduce the stresses involved with seeking justice for these harms, as much as possible. We want our clients to be more free to focus on their overall well-being, and that of their families, in a time of hardship.

 

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