Jurisdiction and Venue are an important part of any divorce or family law case filed in Georgia
Jurisdiction
Jurisdiction confers to the court authority to hear a case and make rulings on it. A court with jurisdiction to hear a divorce has the right to grant divorce and issue orders related to a divorce such as child support, alimony, custody, and property division. In the context of a family law case, jurisdiction allows the court to issue temporary and permanent orders binding both of the parties. In Georgia, only the superior Courts can generally hear and rule on divorce and family law cases.
Venue
Venue refers to the proper geographical area in which a spouse or party should file a case. Georgia law generally requires that a person’s divorce case be filed in the other spouse’s county of residence. If the spouse has moved away from Georgia, it may be possible to file the case Superior Court of the county you reside. There are exceptions to these general rules. However, If you do not file your case in the proper court, you run a substantial risk that your case being dismissed. Therefore, it is important to know where you should file your case. It is important to consult with an experienced attorney to make sure your case is being filed in the correct court and county.
Generally, if you are filing for an uncontested divorce with your spouse, the complaint can be filed in either party’s county, provided both parties have given the proper consent and this consent is filed with the court.
If you or your spouse/ex-spouse live in Cumming, you may be able file your case in Forsyth County Superior Court, which is found at:
100 Courthouse Square
Room 010
Cumming, GA 30040
Phone: 770-781-2120
Web: http://www.forsythclerk.com
The attorneys at Coleman Legal Group are experienced in helping hundreds of clients in divorce and family law matters. Call 770-609-1247 today to discuss your case with us.
Georgia Areas We Serve
In addition to Forsyth County, our attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton. Depending on the case, we can also take cases in other counties throughout the state of Georgia.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Business, Immigration and Bankruptcy. We have two convenient offices located at:
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:
Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-609-1247 | Map
Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-609-1247 | Map
Other Offices Throughout the Atlanta Metro Area
Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Follow
Danny Coleman on Google+!
Privacy Policy | Sitemap | Site Map 1 | Site Map 2
Divorce: What Happens to the Marital Residence?
Determining what should happen to the marital residence during or after a divorce is a difficult task. It is not always clear if the parties should sell the marital residence or if one of the parties should retain the home. For example, if a home was inherited by one of the parties or purchased before the marriage and has not been jointly titled, the court will usually agree that the home is “Separate Property” and does not have to be divided between the parties. See O.C.G.A. § 19-3-9 – Each spouse’s...
read moreFifteen DO’s and DO NOTs of Financial Planning in Divorce
1. DO NOT become a victim. The biggest mistake you can make is remaining in the dark about your finances. If your spouse has been handling all of the money up until now, it is time to become involved. The last thing you want is to be put at a disadvantage because of something you don’t know. Make copies of financial records and gather all of the data you need to give your attorney, including account statements and documents that relate to your marital lifestyle. Additionally, if you believe your spouse may attempt to liquidate or retitle...
read moreChild Custody Basics
The Difference Between Legal and Physical Custody A child custody order transfers responsibility of care for a child(ren) to parents or someone else that can raise the child(ren) following a divorce or other event such as the death of a single parent. However, the most common situations involving a court order establishing child custody are: divorce of the child(ren)’s parents the legitimization of a child(ren)’s father the death of a single parent the finding that one of the child(ren)’s parents is unfit and can no...
read moreWhat is the Domestic Relations Financial Affidavit?
A common question we get in divorce and other types of domestic relations cases is what is the Domestic Relations Financial Affidavit (also know as a DRFA). If you are filing for divorce, then your attorney will usually ask you to complete a DRFA early on in your case. Under Georgia law, the Domestic Relations Financial Affidavit is required for the case to proceed in court. Filling out a DRFA can be quite time consuming, but it really does not have to be. The article below highlights some of the most common questions we are asked by client...
read moreChild Custody Modification
In child custody cases, the “Best Interest of the Child” is the underlying standard that the court uses to make its final decisions. See O.C.G.A. 19-9-3. Child custody is generally modified when parents’ needs change over time. Either parent may request the judge to modify child custody if it will be in the child’s “Best Interest” and circumstances have altered to justify child custody modification. This blog will provide an insight as to the factors giving rise to child custody modification. The blog is written for educational purposes,...
read moreWhat is an Uncontested Divorce?
An uncontested divorce is when a both parties are seeking a divorce and are in total agreement on all issues of the divorce. Issues of a divorce can include, but not be limited to: child custody, child support, asset and property division, alimony, and debt allocation. If any of the terms of the divorce are not agreed upon the case is considered to be contested. What are the Advantages of an Uncontested Divorce? Many couples choose to take the route of an uncontested divorce to dissolve their marriage rather than arguing over the terms of...
read moreUncontested Divorce – Questions Frequently Asked
What Is a Georgia Uncontested Divorce? An uncontested divorce means that the spouses are able to agree on the major issues involved in getting divorced, including; how they will share parenting time and parenting responsibilities the amount and duration of any child support the amount and duration of any spousal support the division of all property, and the division of all debt. If they are able to reach an agreement, the couple can often file paperwork without any court appearances, and as soon as the required time period has elapsed, the...
read moreAdvanced Age Divorces
Wanting to get a divorce at any age because of infidelity, wanting independence, or financial stress are all valid reasons whether you are in your 20’s or your 60’s. However, if you are closer to your 60’s there might be some circumstances should be taken into consideration such as aging, health concerns, or family related tensions such as losing certain family members or friends. It is also good to keep in mind that there may some difference in emotional impact in your later years and there may be less time to recover financially, which is...
read moreGeorgia Annulments – FAQs
Separating from your spouse can be a difficult process; it can cause high amounts of stress and maybe even be costly. In some instances, the court may actually grant an annulment to a couple if they meet certain criteria. However, keep in mind that it is not common for annulments to be granted. Below are some question we have had in regards to annulments. If you have questions about divorce or annulments, contact an attorney to see if they can answer your questions. What is an annulment? An annulment is simply the legal declaration of...
read moreHow to Prepare for a Divorce
Typically, the last thing that is on the couple’s mind when they are saying “I do” is the there is a possibility that a divorce might be in their future. There is no shame in separating if there is nothing keeping the couple together anymore, instead of fighting a losing battle, decide to go your separate paths and find happiness again. If you are considering filing for divorce, there are a several things you might want to do before the process begins. Divide any assets that are non-marital Non-marital assets can be defined as property that...
read more