Coleman Legal Group, LLC
A Georgia automatic domestic standing order is put in place to protect both of the parties or spouses in a family law or divorce case. Generally speaking, a standing order essentially places restrictions on what the spouses can and cannot do during the divorce and it may protect any assets like bank accounts or property from being hidden by one of the spouses. The exact provisions for standing orders will differ from county to county.
For example, in Fulton County Georgia, spouses are prohibited from disposing marital property, harming or threatening the other spouse or an children, taking the children out of the jurisdiction of the court, making any changes to insurance coverage which includes terminating it, possibly attending a families in transition workshop if there are children involved, and provide any required financial information to the court in the form of filling out and submitting a domestic intake worksheet. Copy of the Fulton County Georgia Standing Order >>
However, other counties in Georgia may have no rules about the disposing of marital property, but may have other restrictions regarding the minor children. Because the courts in different counties expect the parties to know and abide by the applicable standing order in their jurisdiction and venue it is important to speak with a knowledgeable divorce and family law attorney before making any important changes or decision that may be prohibited. A judge can let either party deviate from the standing order, but only after being requested in the form of a motion filed with the court and an order being issued by the court.
Standing orders also prohibit the spouses from obtaining a third party to perform any of the actions that go against the orders. The standing order applies to the spouse that initially petition for divorce the moment they file, but they will apply to the other spouse when they are served – or when they first become aware of the case. So avoiding service is not a good defense to violating a standing order.
If the standing order violated, the spouse that violated it may be found in contempt and can face fines, imprisonment, or both. Therefore, the decision to violate a standing order is just something that should not be done. If one of the spouses is unsure as to whether an action is a violation of the orders, it is advisable that they consult with an attorney.
If one of the spouses believes that they should be able to do something that is prohibited in the standing order, they should have their attorney file a motion with the court for permission to deviate from the standing order. If the party requesting the deviation from the standing order has good reasons that do not harm the children or other party, and the court agrees, the court may issue an order allowing the deviation. A common deviation from a standing order may be the selling of a home or rental property, the liquidation of a stock or the taking of the parties child(ren) on an out of state trip.
If you are facing a divorce, custody battle or just need some great family law or divorce advice – call us at Coleman Legal Group, LLC. You will be able to speak directly with an attorney and schedule a consultation if needed.
Call 770-609-1247 or use the Email Submission Form Below
Weekend and Evening Appointments and Consultations Available.
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Main Office, Alpharetta, Georgia: 5755 North Point Parkway, Suite 52, Alpharetta, GA 30022
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 52 Alpharetta, GA 30022 Phone: 770-408-0477 | Map |
Atlanta Georgia |
Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-408-0477 | Map |
Cumming Georgia |
Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
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.
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