Frequently Asked Questions

Is Chapter 7 or Chapter 13 bankruptcy better?

This depends very much on each individual’s circumstances. Generally speaking, Chapter 7 is better for those who have a significant amount of unsecured debt such as credit card debt and medical bills. If you have a low income, don’t have much property, and have a good deal of unsecured debt, then Chapter 7 is likely to be a good choice for you. Chapter 13, on the other hand, is good for people who have a regular income and non-exempt property which they would like to retain. The best way to ascertain which chapter is the right choice for you is to consult with a bankruptcy lawyer in your area; a bankruptcy lawyer can evaluate your financial circumstances and recommend an optimal protection plan.

How do I choose a personal bankruptcy lawyer that’s right for me?

Deciding to file for bankruptcy is a major, potentially life-altering decision, so you will want to get a lawyer that best suits your particular needs. Typically, the first consideration is to find someone local who is well-informed on your area’s bankruptcy law. Bankruptcy laws may vary from state to state, so a lawyer located in your jurisdiction is the best bet. Knowing the law is, of course, an important factor, since you’re fighting for your financial future and may, for example, be trying to protect your assets from seizure. You also want to maximize the benefit you get from legal representation for the expense paid; retaining an attorney who has the time to devote personal attention to your case is a smart move.

What are Georgia’s child support regulations?

Parents in Georgia are required to support their children, generally until they reach the age of 18. Following a divorce, the non-custodial parent is required to pay the custodial parent a reasonable amount in service of the child’s living expenses; the non-custodial parent may also be obligated to pay for medical and dental expenses, health insurance, and life insurance. Georgia uses child support guidelines (Georgia Code section 19-6-15) to calculate the necessary amount of payment. These guidelines are revised frequently, but always factor in such elements as the amount of time the non-custodial parent spends with the children, daycare costs, education expenses, medical costs, the ages of the children, significant income or debts of both parents, and obligations to another household. Each parent is required by the court to complete a Domestic Relations Financial Affidavit, specifying his or her financial circumstances.

Where do I file for divorce?

In general, you will need to file the complaint for divorce in the Superior Court of the county where your spouse resides. If your spouse no longer resides in Georgia, however, you would file in the county of your own residence. You may also file in your county of residence if your spouse gives his or her consent or if your spouse lived with you previously and left the residence less than six months prior.

Does Georgia have “no-fault” divorce?

Yes. Most divorces in Georgia are no-fault divorces. To seek a no-fault divorce, one spouse must simply state that they believe the marriage to be over or “irretrievably broken.”

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