Family Law

• Divorce
  Contested divorces can be more time consuming, as contested issues require a court ruling. Issues such as property division, alimony, child custody, and child support are usually what a judge or jury will decide. However, it is possible to settle, or even partially settle, if both sides can agree on the contested matters prior to presenting the case to a judge or jury, thereby lessening the length of time to get a divorce.
• Child Support
  Georgia, on January 1, 2007, adopted a “shared income approach†to child support obligations. The law now recognizes that both parents have a joint obligation to contribute to the support and well-being of the child. The following is an example of the basic child support obligation...
• Child Custody and Visitation
  It is generally difficult to modify a child custody agreement within two years after your divorce is finalized unless you or your ex-spouse experiences a significant change in circumstances. If it has been two years or if either one of you has experienced a substantial change in circumstances, then you may be able to modify child custody if...
• Spousal Support
  Permanent alimony may be granted to either the former husband or wife, (1) in cases of divorce, (2) in cases of voluntary separation, or (3) where one spouse, against the will of the other, is abandoned or driven off by the other spouse. The term “alimony†is derived from the Latin word “to nourish†which means to supply the necessities of life. Alimony is awarded by Georgia courts to either spouse in accordance with the needs of the spouse and the ability of the other spouse to pay. It’s paid either voluntarily, by agreement, or by court order. Alimony will not be awarded to the offending spouse if the cause of the parties’ separation is adultery. Factors that may affect the amount of alimony may include duration of the marriage, earning potential of the parties, contribution during the marriage, or individual assets.

Criminal Law

• Fraud
  Be honest with your bankruptcy lawyer about your income and assets, otherwise you could jeopardize your discharge or even be indicted for bankruptcy fraud.
• Theft
• Embezzlement
  Your creditors can object to your request to discharge a debt if that debt was obtained or incurred as a result of any of the following types of misconduct: fraud, embezzlement or larceny, any willful or malicious injury that you caused others, or a divorce or separation (this does not include debts for child support or maintenance which, by law, are nondischargeable).
• Identity Theft
  Once your bankruptcy case is discharged and closed, we will send you a copy of the Discharge Order. You should then order copies of your credit reports from all three credit-reporting agencies (Equifax, Experian, and Trans Union) to make sure that all of the debts you listed in your bankruptcy petition, statements, and schedules and intended to discharge are zeroed out on your credit report with a notation that the debt was included in your bankruptcy. You should pay the extra fee for these credit reports and the extra fee to receive your credit score. You should also run these credit reports on an annual basis thereafter to ensure that you are not a victim of identity theft in the future. You should also freeze your credit with all three credit reporting agencies (i.e., Equifax, Experian, and TransUnion) to help ensure that you do not become a victim of identity fraud.

Business and Corporate Law

• Limited Liability Companies
  In our experience, Chapter 13 bankruptcy can benefit the owners and principals of small businesses, partnerships, and limited liability companies. To learn how our focus on bankruptcy can help you salvage your company or help you emerge from crushing personal guaranties of business debt, contact  one of our bankruptcy attorneys at Woodruff Law in Marietta, Georgia.

Health Law

• Social Security Disability
  More importantly, if your only income is solely from social security or social security disability a lawsuit will do little to help collection efforts. You may be judgment proof and may not even need to file a bankruptcy. The best advice is to consult with one of our bankruptcy attorneys.

Finance Law

• Bankruptcy
  In a Chapter 13 bankruptcy, you agree to a debt repayment plan that usually involves a partial reduction in your non-secured debts, reduced interest rates on your secured debts, and extended payment terms. This may provide you with the financial breathing room you need to make a financial recovery. In most instances, you can keep your house, your retirement assets, your vehicles, and other personal property.
• Foreclosure
  You don’t need to suffer alone through the stress and anxiety of increasing debt pressure. In addition to helping you get relief from overwhelming debt, we can assist you with specific problems such as mortgage foreclosure, tax obligations, or small business restructuring.
• Debt Collection
  Consumer debt buyers, like LVNV Funding, are filing proofs of claims on debts that are unenforceable according to the 11th Circuit Court of Appeals because the state statute of limitations has run. The statute of limitations on contract debt in Georgia is 6 years from the “last transaction†date (e.g., the last date a payment was received by the creditor). The Fair Debt Collections Practices Act, which only governs debt buyers and not original creditors, is a consumer protection statute that “imposes open-ended prohibitions on, among other things, false, deceptive, or unfair†debt collection practices. The 11th Circuit decided that filing a proof of claim against someone in an active bankruptcy on stale debt violates this provision of the FDCPA.