Congress urges Supreme Court to overturn DOMA

The United States Supreme Court is to consider whether to overturn the Defense of Marriage Act, DOMA, this legally forbids the federal recognition of same-sex marriage.  Under DOMA, gay and lesbian couples would not receive the same benefits of heterosexual couples such as tax and Social Security benefits. Of those congressmen and senators urging the Supreme Court to overturn DOMA, there are only two representatives from the state of Georgia. President Bill Clinton, who signed DOMA into law, has requested that the United States Supreme Court overturn it.

Arguments will be heard by the United States Supreme Court on March 27, 2013. A decision is not likely until June 2013. The outcome will affect domestic relations law throughout the country and the lives of many Americans.  Read the articles below to find out more about this important issue.

DOMA Challenges

Congress Urges Overturn of DOMA

Post written by Tiffany Lunn, Esq

Phone: 770-492-2974

Published in: on March 13, 2013 at 9:21 am  Leave a Comment  
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Divorcing After Fifty: On the Rise Nationally

More people over the age of fifty (50) are divorcing for a number of reasons.  These reasons vary from couple to couple. One reason seems to be that people are living longer thereby giving them more time to decide to chart another course for their lives.  A second reason seems to be because the stigma of divorce has greatly diminished in recent years.  Because the stigma has diminished, it was caused fewer people to be intimidated into remaining in a bad or unsatisfied marriage. A third reason people over the age of fifty (50) are divorcing is that in general, the financial reasons for remaining married becomes less important as people grow older.  In general, those over the age of fifty (50) are in a better position to move forward financially without a partner than younger individuals.  Tiffany R. Lunn Esq has found in her own practice that she is encountering more people above the age of fifty that are divorcing or interested in divorcing. You can find out more about divorcing over the age of 50 by reading this article in the Chicago Tribune:

Chicago Tribune: Divorcing Over 50

Published in: on March 1, 2013 at 5:11 pm  Leave a Comment  
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Do I Need A Lawyer To Get A Divorce In Georgia

Lunn Law LLC and Attorney Tiffany Lunn frequently gets this question: Do I need a lawyer to get a divorce?  The audio listed below from Georgia Legal Aid best answers that question.


Published in: on February 9, 2013 at 12:52 pm  Comments Off on Do I Need A Lawyer To Get A Divorce In Georgia  
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Life After Divorce

The judge has signed the Final Judgement and Decree of Divorce and it has been entered into the court’s records. Now the parties have to decide what their next steps will be.  There are a number of things to consider after a divorce and parties should have a plan in place on how they want to approach this new phase in their lives.

Firstly, the parties should make sure they obtain at least one certified copy of the Final Judgment and Decree of Divorce.  A certified copy is often needed for any official business where proof of divorce is required so it isn’t not uncommon where more than one copy will be needed. The court oftentimes will provide the parties with one certified copy, but addition copies beyond the first are often a per page fee.

Secondly, read your Final Judgment and Decree of Divorce again so that you are sure to keep up with your obligations and be sure to read any post-divorce document that your attorney may provide to you as a resource.  It is important that you keep up with obligations so that you are not facing legal action for contempt, placing your judgment as a parental figure in question or worsening your financial status.

Thirdly, if a child or children are involved, you should make sure that all the necessary child support documents have been received by the appropriate agencies and/or employers, if applicable. Additionally, divorced parents must find a way to co-parent in their newly defined roles as unmarried parents and attempt to make the relationship cordial enough that they can function in a healthy way as pertains to the child (ren) involved.

Fourthly, divorce persons may also want to re-evaluate their circle of friends and acquaintances and determine which ones are healthy and positive and which ones they may need to move away from.  Oftentimes, divorced persons have a difficult time with how to correspond with mutual friends of their now ex-spouse.

Fifthly, divorced persons will attempt to make sure that they transfer all assets as dictated in the Final Judgment and Decree of Divorce as soon as possible. When transfers still need to take place it is better to try to get them completed right away so that there is complete finality in regards to joint financial obligations. Doing so will cause less complications.

Lastly, action should be taken to make sure that all important documents are updated.  Such documents include Last Will and Testament, insurance policies, power of attorneys, banking accounts, credit accounts and emergency contact information on file with your employer or other agencies/businesses. See our article pertaining to Last Will and Testaments here.

Lunn Law LLC and Tiffany R. Lunn, Esq want you to be aware of the steps you should take after divorce.  You should make every attempt to follow your Decree of Divorce strictly and speak to an experienced divorce and/or contempt attorney about the particulars of your circumstances if for some reason you are not able to fulfill your obligations.

Published in: on November 28, 2012 at 7:47 pm  Comments Off on Life After Divorce  
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Required Divorcing Parent’s Seminar in Metro-Atlanta

We encounter prospective clients on a regular basis that are not aware of the mandatory Divorcing Parent’s Seminar in Georgia. The mandatory seminar does not include all Metro-Atlanta counties, however, it does involve most.  Divorcing parents should be aware of  this requirement, but we have found that many pro-se litigants are not.  Divorcing parents that are not aware of this requirement have their case delayed until the seminar is completed. The registration fee for the seminar averages approximately $30.00 per person, usually payable by cash, cashier’s check or money order. A parent qualifying as indigent may have their fee waived.

Beware that pre-registration a certain number of days before attending the seminar is usually strictly enforced. The seminar is generally 4 hours in duration and an applicable schedule is available for each county. Scheduling should be confirmed with the Seminar’s Director’s office to make sure no changes have been made to the seminar schedule.  If the location of the seminar is a concern, attendance at other equivalent seminars in other states or counties may be allowed at the discretion of the judge.

We handle cases in Clayton, Henry, Fayette, Cobb, Gwinnett, Fulton, Dekalb, Spalding and Griffin. You can find the required information for Clayton, Cobb, Gwinnett, Fulton, and Dekalb below. Henry, Fayette,  Spalding and Griffin counties do not have a seminar requirement.

Clayton County Seminar

Cobb County Seminar

Gwinnett County Seminar

Fulton County Seminar

Dekalb County Seminar

Tiffany R. Lunn, Esq and Lunn Law LLC assist with family law matters in the Metro-Atlanta area. Make sure you are completing all of your obligations to finalize your divorce.  If you are not sure what all your obligations are to divorce, speak with an experienced divorce attorney to obtain the correct information.

Published in: on November 18, 2012 at 4:10 pm  Comments Off on Required Divorcing Parent’s Seminar in Metro-Atlanta  
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Administrative Legitimation

In Georgia, fathers that are not married to the mother of their child when the child is born must legitimate the child to have any parental rights, unless the parties subsequently marry.  Often when children are born, the parents still have a cooperative relationship that may later weaken or become hostile over sometime.  Therefore, it is important that parents should give great consideration to administrative legitimation when the child is born.

If the parents do not subsequently marry, administrative legitimation is the only way to legitimate a child without court action.  It must be completed before the child reaches the age of one (1) and is available at the hospital when the child is born. If you and the other parent are sure of the paternal relationship enough to sign an Acknowledgment of Paternity and the father is parentally fit then consider Administrative Legitimation as well. It could save both parties time any money.

Lunn Law LLC and Attorney Tiffany R. Lunn, Esq want you to be aware of your legitimation rights and all possible choices you may have in proceeding with legitimation, child custody and/or visitation.  You should speak to an experienced attorney about the particular of your case.  Parents should make sure they fully know and understand what is being signed about the rights to their children. If there are any questions, you should consult the advice of an experienced paternity and legitimation attorney.

Published in: on November 8, 2012 at 9:16 pm  Comments Off on Administrative Legitimation  
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The Importance of Journaling

Whether we are referring to divorce, child custody, contempt or another type of dispute that may end up in court, the importance of journaling important events as they happen can not be understated.  If you have not been journaling important events as they have taken place in your marriage,while co-parenting, or of other contentious situations then you should do so immediately.  It can help you in court and also assist your attorney with preparing the strongest possible case for you.

Post written by: Attorney Tiffany R. Lunn

Phone: 770-492-2974

Published in: on April 20, 2012 at 1:33 pm  Comments Off on The Importance of Journaling  
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Divorce: Equitable Doesn’t Mean Equal

Some divorcing spouses believe that because Georgia is an “equitable division” state for divorce that each spouse will split martial assets 50/50%.  However, that is not case.  Equitable means “fair” and the court in Georgia divorce cases will decide what is fair by the facts and circumstances of each particular case.  Georgia differs from such states as California, which takes a “community property” view.  Such stars as Kobe Bryant and Katy Perry are currently going through divorce in California.

Read these articles to see the difference and consider whether having a pre-nup is a good idea regardless of what state you’re residing in:

Post written by: Attorney Tiffany R. Lunn

Phone: 770-492-2974

Published in: on January 2, 2012 at 3:30 pm  Comments Off on Divorce: Equitable Doesn’t Mean Equal  
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Contempt In Family Law Cases

When a court order has been entered commanding certain actions by the parties, it is vital that each party follow such an Order. If one or both of the parties fails to follow the court’s order, he or she can be found in civil contempt. There is no distinction made based on whether the violation is of a jury’s verdict, judge’s decree or agreement of the parties incorporated into a final decree and judgment.

Civil contempt requires a finding of a “willful” refusal to comply with a court’s order. Civil contempt is commenced for an alleged violator to be compelled to obey a court’s order. A contempt action is not a new civil action and merely requires reasonable notice of hearing.

Civil contempt in family law cases have been found in numerous circumstances. A few instances where civil contempt has been alleged are:

1) Failure to pay child support and/or alimony;

2) Failure to sign documents necessary to facilitate the transfer of property;

3) Failure to continue to provide a child with healthcare benefits;

4) Failure to pay attorney fees;

5) Failure to surrender property or allow access to property;

6) Failure to follow child custody and/or visitation orders.

If a party is found in contempt, the judge will decide how the violator can “purge” or relieve him/herself of sanction for violating the court’s order. Sanctions can include, but are not exclusive to, payment of all monies due, unconditional fine and/or imprisonment for a definite period of time.

If a party faces a Motion For Contempt, he/she should discuss their matter with a family law attorney. Particular facts and circumstances may render an alleged violator with a defense.

Post written by: Tiffany R. Lunn Esq

Phone: 770-492-2974

Published in: on September 3, 2011 at 3:45 pm  Comments Off on Contempt In Family Law Cases  
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Georgia Child Custody and Habeas Corpus

Habeas Corpus, as it relates to child custody, is when one person (usually a parent) claims custody rights of a child and is seeking to claim physical custody of such child that is being allegedly detained illegally by another person (usually the other parent or a person desiring a change of custody rights).

In Georgia, the person bringing a habeas corpus action before the Court must have had their custody rights violated, but such an action is not exclusive to a parent of the child. If detention of the child is not in violation of the person’s rights bringing such an action, then habeas corpus in not the appropriate remedy.

There is usually more than one option available to a person considering a writ of habeas corpus.  Speaking with a Georgia attorney that handles child custody matters about the specific facts would greatly assist in determining the best course of action.

Post written by: Attorney Tiffany Lunn

Phone: 770-492-2974

Published in: on July 30, 2011 at 1:35 pm  Comments Off on Georgia Child Custody and Habeas Corpus  
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