Frequently Asked Questions
What is a Prenuptial Agreement? Do I need one?
My spouse has filed for divorce. What should I do?
What should I do to prepare for my consultation?
I am not married to my child's other parent. What can I do?
What is child support? Are there new laws?
What is a Prenuptial Agreement? Do I need one?
A Prenuptial Agreement, also known as a Premarital Agreement, is a contract signed before marriage that establishes in advance the rights and obligations of each spouse in the event of a future divorce. A Prenuptial Agreement is typically used to protect the premarital property or other separate property of one or both parties from being divided, and/or to specify the division of property and debts in the event of a divorce. The Prenuptial Agreement may also be used for other purposes, such as specifying or eliminating alimony.
While a Prenuptial Agreement is most commonly prepared when one or both parties have significant assets prior to marriage, it can be appropriate for many different people in a wide range of circumstances.
It is important that each party retain his or her own attorney during the preparation of a Prenuptial Agreement to fully explain the terms of the proposed Agreement. If you or your future spouse is considering a Prenuptial Agreement, please call us at (404) 888-3730 to arrange a consultation to explore and better understand your options. Click here to read more about Prenuptial Agreements.
My spouse has filed for divorce. What should I do?
If you have been notified, either formally or informally, that your spouse has filed for divorce, you should schedule a consultation with one of our attorneys. During the consultation, the attorney will explain Georgia law, including the procedures, rights and obligations associated with the divorce process. You will have an opportunity to discuss your specific family circumstances, your concerns and goals, and to make a plan that fits your particular situation.
Until you see one of our attorneys, it is best to be cautious, as you may not want to sign anything or enter into negotiations without counsel. Typically, you are not required to do anything immediately. However, you will have to file a formal Answer to the Complaint for Divorce within thirty days. The thirty days begins when you have been “served” with the Complaint for Divorce, which occurs either by a formal process server or when a signed Acknowledgment of Service is filed with the court.
If you would like to schedule a consultation with one of our attorneys, please call 404-888-3730.
What should I do to prepare for my consultation?
While you do not have to do anything in advance of your consultation, some preparation can help you feel more comfortable, help make the time more productive and ensure all of your questions are answered. If you have the opportunity, you may want to compile some of the following helpful information:
Pachman Richardson utilizes a Client Questionnaire, which you may complete in advance and bring to your appointment, or you may complete it when you arrive for your consultation. The Questionnaire provides us with pertinent information that will help us understand your individual circumstances.
You may create a short financial summary, briefly noting assets, debts, income, and other pertinent information to the best of your knowledge.
If available, gather copies of recent tax returns, banking and investment statements, pay stubs, and other relevant financial documents.
You should make note of any questions that come to mind as you prepare for your appointment. This may help put you at ease and ensure that each of your concerns is addressed during your consultation.
Do not worry if you do not have all of this information together before your consultation. We will start with what you know, and discuss how best to proceed.
I am not married to my child's other parent. What can I do?
In Georgia, if a child is born to parents that are not married, a legal action must be filed to establish paternity, thereby designating the biological father as the legal father. If initiated by the father, this process is called legitimation. The paternity or legitimation process confers rights and obligations for the father including custody, visitation, and child support. Until the legitimation action is complete, the biological father has no legal rights to his child(ren).
If you are faced with paternity or legitimation issues, please call us at (404) 888-3730 to schedule a consultation with one of Pachman Richardson's attorneys. During your consultation, the attorney will discuss your situation and help determine how you may best proceed.
A Guardian Ad Litem is an attorney who is appointed by the Court to represent the best interests of the child(ren) where custody or visitation issues are in dispute. The Guardian Ad Litem serves as an advocate – but not as a lawyer – for the child(ren).
The Guardian Ad Litem will investigate the relevant facts and circumstances, then make a recommendation to the Court, proposing custody and visitation terms most appropriate to meet the child(ren)'s needs. The investigation may include home visits, individual parent consultations, interviews with character witnesses, care providers, teachers, and the child(ren), and review of relevant medical records, school records, and visitation records.
In addition to representing parents in custody disputes, Pachman Richardson attorneys Melody Richardson, Alyson Lembeck, Dan Bloom, and Suzanne Craig serve as Guardians Ad Litem in difficult cases involving children.
Collaborative Law, also known as Collaborative Divorce or Collaborative Practice, is a structured process that provides an alternative to court by encouraging the parties to participate in creative, respectful, collective, problem-solving in a cooperative environment. The hallmark of the Collaborative Process is that both parties pledge not to file their case in court until all issues have been resolved. Collaborative lawyers guide the settlement process by encouraging cooperation while counseling the client regarding his or her particular goals and needs. The participants engage independent consultants, such as financial advisors, divorce coaches and child specialists to assist the parties in reaching an agreement. Parents often find that the Collaborative Process diminishes conflict and helps protect children from the traditional, adversarial approach to divorce.
Andy Pachman, Melody Richardson, Dan Bloom, and Alyson Lembeck are trained Collaborative attorneys and members of the Collaborative Law Institute of Georgia. Andy Pachman and Melody Richardson are also members of the International Academy of Collaborative Professionals.
Collaborative Law may or may not be appropriate for your case. Please call us at (404) 888-3730 to schedule a consultation with a Pachman Richardson attorney who can help determine if the Collaborative Process might be the right option for you.
Mediation is an alternative dispute resolution process using a neutral third party, the mediator, to facilitate negotiations. Mediators are trained in techniques to promote dialogue and realistic bargaining between the parties which helps them reach a resolution by agreement. Rather than accepting an imposed judgment by a third party, the clients determine whether an agreement results from the process, as well as the content of that agreement.
Mediation typically begins with a joint session where both parties (and their attorneys, if present) meet with the mediator. Each party has an opportunity to present the relevant facts, state his or her goals, and make other pertinent comments. To facilitate the negotiations, the mediator may meet separately with each party to discuss the issues in more detail and explore each party's position. The mediator employs techniques such as reality testing, reframing, and offering their experienced feedback where appropriate, to get even the toughest cases settled. This makes mediation a valuable option in a variety of family law situations. Mediation is a voluntary process which often creates more favorable and less expensive outcomes than those reached by going to court.
Andy Pachman, Melody Richardson, and Dan Bloom are trained mediators and frequently serve as mediators and case evaluators. If you are considering mediation to resolve your dispute, please call us at (404) 888-3730 to learn about our availability and fees to act as mediators.
All of our attorneys frequently represent clients in mediation as well. During your consultation with a Pachman Richardson attorney, we can help determine how mediation may be appropriate for you. Please call our office at 404-888-3730 to schedule an appointment to learn more about the mediation process.
Arbitration is another alternative dispute resolution process where one or more neutrals are engaged to make a binding decision on any issues the parties agree to arbitrate. Arbitration is different than mediation, as it typically proceeds more like an informal trial. Georgia law has recently changed to allow custody issues to be arbitrated, subject to the review and approval of the trial judge. Arbitration can provide many valuable benefits including selection of the arbitrator, ease of scheduling, and it is typically a less expensive method to resolve disputes than having a trial in court.
Andy Pachman, Melody Richardson and Dan Bloom are available to arbitrate family law cases, including custody decisions. Our experience in all areas of family law, and custody in particular, make us uniquely talented to act as arbitrators.
What is child support? Are there new laws?
Child support refers to regular payments (usually monthly) made by a non-custodial parent to the custodial parent (the parent with whom the child spends the most time), used for care and support of the child. The amount of support to be paid is based on each party's income, the number of children, and a variety of other factors.
Georgia's revised child support law, which went into effect January 1, 2007, sets forth new amounts and rules governing child support payments. Click here to find a child support calculator.
If you have questions about child support, please call us at (404) 888-3730 to schedule a consultation with a Pachman Richardson attorney who can explain the new child support law and its implications in your specific situation.
