Why Do I Have to Complete a Domestic Relations Financial Affidavit? By Alyssa Blanchard

Alyssa 2016 jpg (33 of 38)Pursuant to Uniform Superior Court Rule 24.2, in all cases involving temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony or attorney’s fees, all parties are required to submit a Domestic Relations Financial Affidavit (“DRFA”).  Unless otherwise ordered by the Court, if you file your case with an agreement or consent order resolving all issues (except divorce) you are not required to file a DRFA.  Your DRFA is a summary of your average monthly income and average monthly expenses including payments to any creditors.  It will also include a summary of your assets (value of your home, vehicle etc.)  You are required to file the DRFA 5 days before any temporary hearing or mediation.  If you later amend your DRFA for any reason you must file the DRFA 5 days before the final trial.

 

Your DRFA is important because it assists the Court in reviewing your financial circumstances and in making decisions.  For example, if you are requesting alimony which is based on need and ability to pay, the Court will look at your available resources and what your expenses are in determining whether and how much to award you in alimony.  When preparing your DRFA keep in mind that your expenses may not be the same exact amount each month so you will need to average your expenses.  The DRFA is important so be accurate as possible when completing.  Be sure to discuss your DRFA with your attorney and gather any documents supporting your numbers.

“What Do I Do With The Deceased Will?” By Leslee Hungerford

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When a loved one dies you may be left with several questions, including what do I do with their Last Will & Testament? Under Georgia law, a person in possession of a Last Will & Testament has an affirmative duty to file it with reasonable promptness with the probate court of the county having jurisdiction. See, O.C.G.A. §53-5-5. However, filing the Will with Probate Court is not the same as formally offering the Will for Probate. To formally initiate the probate process, you must file the requisite petition with the court in addition to filing the Will. Generally, the named Executor of the Will is responsible for offering the Will for Probate. If for any reason the executor fails to offer the will for probate with reasonable promptness, or if no executor is named, any interested person may offer the will for probate.

If you find yourself in possession of the deceased’s Will, the first step will be to check the Will to see if an Executor is named. If so, you should contact the Executor and discuss moving forward with initiating the probate procedure, including filing the Will with the court. If there is no named Executor in the Will, you may be permitted to file the Will and initiate the probate process yourself. Schedule a consultation to discuss the probate process and what responsibilities you may have as a holder of a Will.

Leslie O’Neal 2017 Next Generation Award Winner

Marietta Daily Journal.Next Award. 08.10.2017.

The 2017 recipients were selected from a group of nominees who are active within the community, essential to their profession and offer a unique perspective. Both winners demonstrate the potential to be prominent leaders within the Cobb community.

Leslie O’Neal has been named one of Georgia’s Super Lawyers Rising Stars by Atlanta Magazine in 2014 and 2015 and was named as a Top 20 under 40 Rising Star by Cobb Life Magazine in 2014. She is an active member of the Georgia Bar Association, Cobb County Bar Association, Cobb County Bar Association Family Law Division, Cobb County Bar Association Young Lawyers Division and the Atlanta Bar Association Family Law Division. She serves as a New Member

Ambassador for the Cobb County Bar Association, is a member of the Steering Committee for Cobb Executive Women, served as former chairwoman for CYP in 2015, graduated from the Leadership Cobb Class of 2014 and was a member of the 2016 Honorary Commanders Class.

Alyssa Blanchard 2017-18 Class of Leadership Cobb

Cobb Leadership 7.11.17Congratulations to our attorney Alyssa Blanchard for being announced in the 2017-18 class of Leadership Cobb. This recognition is focused on personal and professional growth through awareness, community resources and the social, political and economic needs of the community

4th of July Parade with O’Dell & O’Neal Attorneys

12111098765321Every year we invite the public to join us in watching the 4th of July Parade. Our office is located in the heart of downtown Marietta, an ideal spot to watch the parade. We also had complementary biscuits, snow cones, parking and beverages for everyone to enjoy. This year attorney Justin O’Dell handed out biscuits to trolley riders and drivers as they came by during the parade. We had a great crowd for 2017 and can’t wait to host again next year!

The Bitter End of Brangelina Includes Supervised Visitation by Leslie O’Neal

Hollywood has been stunned by the sudden split of one its golden couples, Brad Pitt and Angelina Jolie.  It was announced in September that the couple is divorcing after a lengthy and high profile relationship spanning more than ten years.   They share six children together – 3 of whom are adopted – and they have a vast estate that includes a Chateau in the South of France with a working winery.  However, unlike many high profile splits, it is not the asset division that has become the biggest source of contention in this saga, but rather custody and visitation rights over their six children.

In a twist that would rival any Hollywood script, it was revealed shortly after Jolie’s divorce filing that the L.A. Department of Child and Family Services (“DCFS”) was investigating Pitt for becoming physically confrontational with the couple’s oldest son Maddox on an international flight aboard a private plane.  As a result, it has been widely reported that Pitt’s initial reintroduction and visitation with his children has been supervised by a third party based on temporary recommendation from DCFS.

Supervised visits are generally imposed by Courts in Georgia when there is a potential risk of an unsafe and/or unhealthy environment for the children involved.    This tool is also used when an investigation is being made into allegations of abuse or inappropriate behavior.  Until the investigation is complete and a determination can be made regarding the validity of the allegations, a judge may impose supervised visitation out of an abundance of caution.  This ensures the protection of the children if the allegations are later validated, but also ensures continuing contact between the children and that particular parent.  This is likely what is occurring in Pitt’s case, as it has been reported that all parties are awaiting the results of the DFCS investigation before moving forward with a more permanent visitation schedule.

Supervised visitation services in Georgia generally come at a steep price.  They generally run at about $50 per hour, plus an added fee for the supervisor to prepare a written report at the conclusion of the visit.  In addition to the cost, both parents must fill out forms in advance of the visits and follow-strict guidelines during the visit. However, despite the cost and strict guidelines, supervision services often place a particular emphasis on keeping the visits as natural as possible for the child.  The following provides more detailed information for supervised visitation services offered in Georgia and other states:  http://www.svnetwork.net/.  Thankfully for Pitt, he can easily afford any cost associated with supervised visits with his children, though the affordability probably doesn’t ease the sting of the negative stigma.