Chisolm Trimble & Associates, LLC
Chisolm Trimble & Associates, LLC is a trusted legal firm serving clients throughout the Atlanta area in areas of family law and estate planning. As an attorney, I take pride in offering my clients exceptional legal support and representation as they go through the challenges they face in life. Whether you are considering divorce, fighting for custody of your child, or wish to plan for your future with a trust, I can offer my experience and constant support.
I recognize the challenges of navigating the law in Georgia, especially in those areas that are often some of the most emotionally charged areas of the legal system. With transparent guidance and an aggressive passion for protecting my clients, I will be by your side to guide you through the legal process.
As your attorney, you can contact me for in-person consultations and support or utilize remote services for your convenience. With three offices in Atlanta and Douglasville, Georgia, I am available to meet your needs on a consistent basis. Chisolm Trimble & Associates, LLC services Atlanta, all of Fulton County, Douglas, Paulding, Cobb, Gwinnett, Coweta, Henry, Muscogee, and some areas of southern Georgia. Contact me now for a consultation.
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Many couples facing marital difficulties may consider legal separation as an alternative to divorce. Unlike some states, Georgia does not recognize legal separation in the traditional sense, but couples can live separately and file for separate maintenance, which provides financial and legal protections similar to divorce without officially dissolving the marriage. This option is often chosen for religious, financial, or personal reasons. Georgia law, under O.C.G.A. § 19-6-10, allows spouses to seek separate maintenance, which can address issues such as spousal support, child custody, and division of assets. While separate maintenance does not terminate the marriage, it provides a legal framework for spouses to define their rights and responsibilities while living apart. This can be beneficial for couples who want to maintain benefits such as healthcare or social security eligibility that would be lost in a divorce. A key case illustrating the use of separate maintenance in Georgia is Cooper v. Cooper, 284 Ga. 173 (2008) , where the Georgia Supreme Court upheld a separate maintenance agreement that outlined financial support obligations and custody arrangements. The court reinforced that while separate maintenance allows spouses to live apart with legal protections, it does not permit either spouse to remarry without obtaining a formal divorce. Divorce, on the other hand, legally ends a marriage and requires the resolution of property division, child custody, spousal support, and other marital matters. A divorce decree is final, and both parties are free to remarry. If reconciliation is a possibility, separate maintenance may be a preferred choice, but for those seeking a permanent solution, divorce is the appropriate legal avenue. If you are uncertain about whether to pursue legal separation or divorce in Georgia, our experienced family law attorneys can guide you through your options. Contact us today for a consultation to discuss the best course of action for your situation.
Filing for divorce in Georgia involves a series of legal steps that vary depending on the circumstances of the marriage. Georgia allows both fault-based and no-fault divorces, meaning a spouse can file on the grounds of irretrievable breakdown of the marriage or cite specific faults such as adultery, abandonment, or cruel treatment. Understanding the legal requirements and process can help make the transition smoother and ensure a fair resolution for both parties. Under Georgia law, O.C.G.A. § 19-5-3 outlines the 13 grounds for divorce, with the most common being irretrievable breakdown. To file, one spouse must have been a resident of Georgia for at least six months. The divorce process begins by filing a complaint with the Superior Court in the county where the respondent resides. The complaint should include issues such as property division, child custody, alimony, and other relevant matters. An important case in Georgia divorce law is Harwell v. Harwell, 233 Ga. 89 (1974) , where the court clarified the importance of proper jurisdiction and due process in divorce proceedings. This case underscored the necessity of filing in the appropriate county and ensuring that the respondent is properly served with divorce papers. Failure to adhere to these procedural requirements can result in delays or dismissal of the case. Once the complaint is filed and served, the respondent has 30 days to answer. If both parties agree on key issues, the divorce may proceed uncontested, significantly reducing the time and expense involved. However, if disputes arise over assets, custody, or support, the case may proceed to mediation or trial. Temporary orders can be issued to address immediate concerns, such as living arrangements and financial support, while the divorce is pending. Navigating the divorce process can be complex, and having an experienced family law attorney can make a significant difference in securing a favorable outcome. If you are considering filing for divorce in Georgia, contact our office today to discuss your case and receive expert legal guidance tailored to your situation.
A protective order, also known as a restraining order, is a legal measure designed to protect individuals from domestic violence, stalking, or harassment. In Georgia, protective orders are governed by **O.C.G.A. § 19-13-1 et seq.** for **Family Violence Protective Orders (FVPOs)** and **O.C.G.A. § 16-5-90 et seq.** for **Stalking Protective Orders (SPOs)**. These orders can provide legal protections such as preventing contact, restricting proximity, and granting temporary custody of children. Understanding the legal process for obtaining a protective order is crucial for ensuring the safety of victims. The first step in obtaining a protective order is filing a **petition** with the **Superior Court** in the county where the respondent (the person accused of violence or harassment) resides. If the respondent is not a Georgia resident, the petition may be filed in the petitioner’s (victim’s) county. The petition should include **detailed accounts of abuse, threats, or stalking incidents**, along with any supporting evidence such as police reports, medical records, witness statements, or text messages. Under **O.C.G.A. § 19-13-3**, the court can issue an **ex parte temporary protective order (TPO)** if there is an immediate risk of harm. A **temporary protective order** can be granted without the respondent being present and is valid for up to **30 days** or until a court hearing is held. At the hearing, both parties have the opportunity to present evidence and testimony. If the judge determines that family violence or stalking has occurred and is likely to continue, a **final protective order** may be issued under **O.C.G.A. § 19-13-4**, which can last up to **one year** and may be extended for up to **three years** or made **permanent** in certain cases. Georgia courts have reinforced the importance of protective orders in several cases. In **Chaney v. Chaney, 277 Ga. 46 (2003)**, the Georgia Supreme Court ruled that protective orders must be supported by sufficient evidence of family violence. Additionally, in **Pilcher v. Stribling, 282 Ga. App. 158 (2006)**, the Georgia Court of Appeals clarified that a pattern of harassment could justify a protective order, even if physical violence had not yet occurred. These cases illustrate how Georgia courts uphold protective orders to safeguard victims from ongoing abuse. Violating a protective order is a **serious offense** under **O.C.G.A. § 16-5-95** and can result in criminal charges, including fines and jail time. Law enforcement officers have the authority to arrest individuals who violate a protective order without needing a warrant. To ensure enforcement, protective orders are entered into the **Georgia Crime Information Center (GCIC)** database, allowing police officers immediate access to their terms. If a respondent violates the order, the petitioner should immediately contact law enforcement or file a motion for contempt in court. For those seeking protection, Georgia offers additional support through **victim advocacy programs, domestic violence shelters, and legal aid services**. Many organizations provide free assistance in completing protective order petitions and navigating the court process. Seeking legal guidance can be beneficial, especially in cases involving child custody, financial support, or complex legal issues. By understanding the legal process and Georgia’s protective order statutes, victims of domestic violence and stalking can take necessary steps to secure protection and prevent further harm. The courts prioritize the safety and well-being of individuals facing threats, ensuring that protective orders serve as a powerful legal tool in safeguarding victims. If you need help developing a consistent parenting plan that works for your family, our office is here to assist you. Contact us at 770-741-1570 or visit www.chisolmtrimblelaw.com. Our firm has been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s Super Lawyers.
