DIVORCE

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Whether you are facing financial difficulty, your spouse is having an affair or you simply cannot live together anymore, it is important to find a family lawyer who will understand and help you through the difficult process of divorce.  Davis & Millard, LLC is an Atlanta based law firm with experienced family law attorneys.  At Davis & Millard, LLC, you are not just another divorce.  Davis & Millard, LLC’s attorneys care about you and your children’s future.  We will promptly and consistently inform you of any new developments in your case.  If you have children, our number one focus will be ensuring your kids emerge from your divorce as safe and adjusted as possible. 

Davis & Millard, LLC is located in Sandy Springs.  The firm’s attorneys have represented clients from Marietta, Canton, Kennesaw, Acworth, Austell, Dallas, Woodstock, Suwanee, Snellville, Smyrna, Norcross, Lawrenceville, Cumming and other Atlanta metro areas.  Feel free to call Davis & Millard, LLC to set up a free consultation with an experienced family law lawyer.

Uncontested Divorces

An “uncontested” divorce is where both parties agree on all issues involved in the divorce, including property division, child support, custody, visitation, and alimony.   We may even be able to obtain a final divorce for you without requiring you to step into a courtroom.   We offer flat rate fees for parties who agree on all issues and are prepared to finalize the matters in a settlement agreement.  Our rates start at $599 (not including the filing fee) and vary according to your situation.   The following provides an estimate of what your costs may be for obtaining an uncontested divorce (rates do not include filing fees):

• No children — $799
• 1 or more children — $1299

Contested Divorces

A divorce where any or all of the issues involved in a divorce are not agreed upon when the Complaint for Divorce is filed is considered a contested matter.  For example, parties may agree on an amount of child support, alimony and property division, but are unable to agree on a schedule for visitation or who will have primary physical custody.  Another example may be that the parties agree on custody and visitation, but cannot agree on each other’s income.  Therefore, the parties will dispute the amount of child support and possible alimony.  No matter the situation anyone going through a contested divorce needs a tough, skilled attorney they can trust. 

Davis & Millard, LLC has litigated contested matters for clients in all different kinds of situations.  We are well versed on the new child support laws, new child custody laws and the requirements for alimony.  Whether you feel your spouse is hiding assets or engaging in inappropriate behavior around your children, we are prepared to handle and resolve any issue related to your divorce.  For contested matters, we charge an hourly rate for our services and require a retainer before we begin work.

Alimony

Alimony is a monetary payment made to an ex-spouse as support.  Whether a person is entitled to alimony is based on factors such as the standard of living of the parties, the ability of the payor spouse to pay, the education of the parties, the need of the payee spouse, and the length of the marriage.  For example, if one spouse worked and supported the family during the parties’ marriage, while the other spouse managed the household and raised children, the non-working spouse could receive alimony, depending on the circumstances of the parties.  Unlike child support, which is not taxable or deductible, alimony is taxable to the spouse that receives the payments and is tax deductible for the payor spouse.

Child Support Modification

In 2007, the Georgia legislature enacted new child support guidelines that consider both parents' incomes and other special circumstances in determining child support amounts.   The new law requires both parents to submit a child support worksheet and financial affidavit to obtain a child support award.   The worksheet provides a presumptive child support amount based on each parent's pro rata share of child support obligations.   No longer is the noncustodial parent simply required to pay part of his or her income.   Georgia law has attempted to make child support fair for both the payor and the payee, by including such expenses as child care, medical expenses and tuition.  The new worksheet also accounts for situations where the custodial parent earns more income than the non-custodial parent.  Therefore, no one party is stuck with all the child care costs, nor does one party obtain a windfall because that party happens to earn more money than the non-custodial parent. 

A petition for modification of child support is a request that the Court issue an order either increasing or decreasing the amount of child support a party is obligated to pay.  Either parent may submit a petition for modification of child support based on a change of financial circumstances or if a modification has not been filed in the last two years.   The new child support guidelines may allow you to modify your child support payments in a way that is reasonable for both parties.  We offer these services at an hourly rate and require a retainer fee upfront to initiate the proceeding.

Child Custody or Visitation Modification

In 2008, Georgia law changed the law with regard to visitation and custody agreements.  An agreement regarding visitation or custody must contain certain required provisions and must account for the child or children’s whereabouts every day of the year.  Without these new requirements in your agreement, a Court may refuse to incorporate the agreement into a final order.

A petition for modification of custody or a petition for modification of visitation is a request that the Court issue an order changing either custody or visitation in some way.  Either party may submit a petition for modification of visitation or custody if there is a change in circumstances or if it has been more than two years since the last modification.  Some examples of a change that could warrant a change in custody or visitation are a remarriage, a change in living situations, moving to a different state, or allegations of physical, emotional or sexual abuse.   The attorneys at Davis & Millard, LLC are experienced with handling all these issues and can resolve any matter that may arise.  We offer these services at an hourly rate and require a retainer fee upfront to initiate the proceeding.

Contempt

Either party may move for contempt against the other party, if the other party fails to comply with the final divorce order and/or the court-ordered settlement agreement.  Thus, if your ex-spouse fails to comply with a court ordered visitation schedule, fails to pay child support, or fails to divide debts or assets as required, we can assist you in obtaining sanctions against the other party.  We offer these services at an hourly rate and required a retainer fee upfront to initiate the proceeding.

Child Custody Disputes, Legitimation, and Family Violence

We offer services for child custody disputes, legitimation, family violence, and many other family law issues at a reasonable hourly rate and an upfront retainer.