Author Archives: S. Mark Mitchell
When and How Are Children’s Wishes Considered in Custody Cases?
In Georgia as in other states, judges deciding child custody matters must order parenting arrangements that are in the best interests of the children involved. This determination is based on numerous factors. Among them, Georgia law recognizes the importance of considering a child’s own preferences in appropriate cases. Depending on the child’s age and other […]
How Are a Couple’s Debts Split During a Divorce?
Going through a divorce can be emotionally taxing, especially when there are contested issues concerning finances. In Georgia, as in many other states, the division of the couple’s assets is controlled by the rule of equitable distribution. This means dividing property fairly but not always equally. Debts are divided according to the same principle, but […]
Identifying Parties That Could be Liable in a Trucking Accident
Trucking accidents can be devastating, resulting in severe injuries and property damage, particularly when tractor trailers and other big rigs collide with smaller passenger vehicles. Various parties may share in responsibility for the accident and could be answerable for paying damages. Determining potential liability for a crash is crucial to getting victims the compensation they […]
Can You Sue After a Motorcycle Accident if You Weren’t Wearing a Helmet?
Georgia has a strict law that requires all motorcycle riders, both drivers and passengers, to wear helmets at all times. Whether you are age 16 or 60, you must wear a helmet that meets Department of Transportation (DOT) standards. But what happens if you get into a motorcycle accident and you aren’t wearing a helmet? […]
Who Is Allowed to File a Wrongful Death Claim in Georgia?
A wrongful death is one caused by negligent, reckless or intentional actions. Such a tragedy is one of the most horrific experiences a family can go through. Georgia law allows certain relatives of a wrongful death victim to file a civil lawsuit to recover financial compensation for their losses. Also, the estate representative can file […]
Unique Considerations Involved in a Gray Divorce
“Gray divorce” is a phrase that has gained popularity as the divorce rate among people over 50 years old has risen substantially in recent years. According to the American Bar Association, the 50+ demographic now accounts for about 25 percent of all divorces. Although the basics of divorce are the same regardless of age, there […]
What Damages Might You Recover After Suffering an Injury?
A car accident, slip and fall or other mishap can cause serious bodily harm, resulting in significant economic costs and perhaps having a long-lasting impact on your quality of life. If another person was at fault, you may be entitled to recover money damages. The type and amount of damages available depend upon the nature […]
Common Visitation Violations and What to Do About Them
Child custody after a divorce can be a source of perpetual friction between ex-spouses. Some of the most troublesome problems concern visitation, also known in Georgia as parenting time. This generally occurs when the custodial parent intrudes upon the other parent’s rights as set forth in the custody order. When this occurs, the noncustodial parent […]
Qualifying for Spousal Support After a Georgia Divorce
Spousal support, also known as alimony, may be awarded to a spouse in need of financial assistance after a divorce, provided that the other spouse has the ability to pay. Unless the parties come to an agreement about the amount and duration of support, the court will make the determination. By statute, Georgia courts may […]
How Child Support Is Calculated in Georgia
As in most states, child support that is ordered by a Georgia court is paid to the parent having primary custody of the children. At one time, Georgia calculated child support based solely on the income of the non-custodial parent having the obligation to pay. But in 2007, Georgia switched to a system that considers […]
