logo logo

770-609-1247 | Standing Order – Georgia Divorce and Family Law Attorneys

Divorce Family Bankruptcy Business Estates Wills Trusts Immigration Lawyers Attorneys Georgia

Coleman Legal Group, LLC

Phone: 770-609-1247

Standing Orders in Divorce and Family Law Cases

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.

Examples of Common Standing Order Provisions

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 Cover Everyone

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.

Your Name (required)

Your Email (required)

Your Telephone Number

Your Zip Code (required)

Your Message (required)

captcha

Input the code above.

I have read the Disclaimer

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
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC5755 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.

Privacy Policy | Site Map

 

Advice for Father’s in Divorce

Posted by on Oct 27, 2015 in Divorce | 0 comments

Advice for Father’s in Divorce

Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated.  This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit.  Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family.  However, there are ways...

read more

Is Separation Right For You?

Posted by on Sep 29, 2015 in Divorce, Family Law | 0 comments

Is Separation Right For You?

We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce.  The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action.  And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage.  Below is a discussion of other...

read more

Pets and Divorce in Georgia

Posted by on Aug 28, 2015 in Divorce | 0 comments

Pets and Divorce in Georgia

Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...

read more

What is a Standing Order in a Divorce Case?

Posted by on Aug 27, 2015 in Divorce, Family Law | 0 comments

What is a Standing Order in a Divorce Case?

When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders.  In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct.  A violation of any of the standing orders can result in some jail time due to being in contempt of the court.  The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...

read more

Divorce Advice for Spouses of Professionals and Business Owners

Posted by on Jun 16, 2015 in Divorce | 0 comments

Divorce Advice for Spouses of Professionals and Business Owners

Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...

read more

What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

read more

Can Child Support be Discharged in Bankruptcy?

Posted by on Apr 2, 2015 in Bankruptcy, Divorce, Family Law | 0 comments

Can Child Support be Discharged in Bankruptcy?

Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...

read more

The Good, Bad and Ugly Parts of a Divorce

Posted by on Feb 13, 2015 in Divorce | 0 comments

The Good, Bad and Ugly Parts of a Divorce

When going through a divorce there is the good, the bad, and the ugly; it is important to know ahead of time what you are in for.  Sometimes the good greatly outweighs the bad instantly, but in most situations it may take some time to see these types of results — so be patient and keep an eye out. The following are the good, the bad, and the ugly about going through a divorce. The Good Parts of Divorce You will get a new start with a divorce and a chance to rediscover yourself at a new stage in your life. A fresh start will allow you to get...

read more

What is the Best Time for a Divorce?

Posted by on Feb 4, 2015 in Divorce | 0 comments

What is the Best Time for a Divorce?

When the Kids are Older Generally, kids will handle a divorce better if they can maturely handle it. Younger children typically will not handle the changes or relationship dynamics and the splitting of parents as well as older children. In addition if the children are younger it is more likely that parenting conflicts between the parents will be more prevalent and co-parenting will be more difficult. Younger children are less likely to want to transition during visitation and are more reliant on a steady care taker. As children mature they...

read more

Protecting Your Business in a Divorce

Posted by on Jan 14, 2015 in Business, Divorce | 0 comments

Protecting Your Business in a Divorce

Dividing a Business in a Georgia Divorce Equitable division does not mean an equal division.  In the case of divorce in Georgia your business and practice can be considered for equitable division between the spouses. Any type of business that is referred to a “closely held” such as a partnership, LLC, professional practice, and or corporation that’s shares are not publicly traded can be considered a marital asset during a divorce proceeding. Even if the business was initiated prior to the marriage the business can still be viewed as marital...

read more
bottom