Below are some questions often asked by clients. If you have a question not answered here, or if you need to know how your specific situation relates to the information here, feel free to contact The Lilly Law Firm, LLC by phone or email today.
One of the more fundamental aspects of day-to-day life that's impacted by divorce, is where you and your spouse will live, both during and after the divorce. Ideally, you can figure out where you'll live after the divorce early on in the process, and use that decision to guide you earlier on.
A person cannot challenge a will's probate simply because they believe that the will is legally invalid. In order to challenge the will, prior to presenting any argument regarding the will at all, a person must show that he or she has standing - a legal right - to challenge the will.
Typically, a parenting plan will outline visitation beginning with a phrase along the lines of "During the term of this Parenting Plan the non-custodial parent shall have at a minimum the following rights of parenting time." If so, the non-custodial parent is not required to exercise his or her visitation time, but is allowed to do so.
An estate folder is a folder that you can (and should) create to help your loved ones after your death. It's essentially a folder outlining your assets, debts, and bills, enabling your survivors to handle your estate much more quickly and easily. Specifically, this is to help them terminate all accounts in your name, pay any outstanding debts you have, and collect all of your assets so that your estate can be handled properly. Additionally, it's a useful tool to take stock of your circumstances in terms of budgeting and planning for the future.
Extracurricular activities can be fairly minimal, or can be thousands of dollars per year, per child - especially if the word "travel" is involved. Because the costs are usually on the low end for younger children, parents often don't consider the costs at the time of separation, but only when they've reached their full, teenage levels.
Georgia has a very, very clear public policy regarding wills - the courts want to uphold a will unless they're sure they shouldn't. This is because one of the basic concepts of property law is that a person should be able to decide what happens to his or her property when they die.
I'm frequently asked by parents who pay child support if they can demand an accounting from their ex of how exactly the child support money is being spent, as they don't believe it's going to the children (but rather a car, house, etc). This idea is the basis of the song "Gold Digger".
Typically, the most stressful aspect of a divorce for a parent is the prospect of child custody. Rather than both parents having the children all the time, the children's time is divided and given to the parents by either agreement or court order.
A question many parents have is how much custody time they'll have after the divorce. Many times, parents ask what standard visitation is.