404-222-0238

cta

Divorce & Family Law

DIVORCE & FAMILY LAW

 

 

Domestic relations which includes Divorce, Alimony, Custody, Child Support, Equitable Division of Marital Assets is one area of the law where enormous injustice regularly occur.  One big reason for such injustice is the fact that under Georgia law, you do not have a right of Appeal under the Domestic Relations area of the law.  You have what is called Discretionary Appeal.  This means that the Georgia Supreme Court which in most instances in this area of the law has exclusive jurisdiction, has the discretion to choose to hear your case or not to hear your case.  For instance, if you have a run of the mill Breach of Contract Case or Personal Injury  Case and you loose at trial, you have a Right of Appeal and may exercise such right by filing A Notice of Appeal within the time allowed by law.  Therefore, it is very important that in your Domestic Relations Case, you choose a lawyer who knows the Local Rules, norms of the jurisdiction where your case is pending.  It is important that you choose a lawyer who has practiced in such jurisdiction and knows the tendencies of the judge before whom your case is pending.  For instance, I was waiting in court one day in Cobb Superior court for my case to be called and in the meantime, observing a Temporary Hearing in a bitterly contested child custody case.  During the Temporary Hearing, the father made very serious allegations of habitual drug use against the mother.  The judge ordered a drug test and the test came back positive for cocaine for the mother.  The mother of course lost Temporary Custody.  The moral of this occurrence however, is that a good lawyer in a contested child custody case should warn the client that the Superior Court in Georgia has jurisdiction to order a drug test.