Attorney Tiffany Lunn Is Frequently Asked This Question: Can I Put My Spouse Out Of The Marital Home?

Attorney Tiffany Lunn says: No, unless you have a court order that gives you exclusive possession of the martial residence then you cannot remove your spouse even if the residence is titled solely in your name.  The first step toward removing your spouse would be to file for divorce or separate maintenance.  You can request exclusive possession of the residence prior to a final hearing by filing a Motion for Temporary Hearing and requesting and being awarded this property until dissolution of your marriage or finality of the case.

If your spouse is abusive and you are the victim of domestic violence then you can request a Temporary Protection Order. You can request exclusive possession of the marital home upon these facts as well.  If the court finds you believable then your request will be granted on an ex parte basis.  You will shortly after have to attend a court hearing for your Protection Order to be extended.  At this hearing, your spouse will have the opportunity to dispute your allegations of abuse.

Police are often called to martial homes regarding this vary issue.  As a general rule, law enforcement are going to inform you that you must seek court intervention and present a court order for them to get involved. If you have any further questions about this issue, you should contact Attorney Tiffany Lunn of Lunn Law LLC at 770-492-2974 or another experienced family law attorney to explore your legal options in Georgia. It is imperative that you not take matters into your own hands especially if uninformed about the possible consequences.

Division of Marital Home



Published in: on June 13, 2016 at 5:28 pm  Leave a Comment  
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Social Security Benefits: Divorce and Death

Divorce and death are highly relevant to one’s Social Security Benefits.  However, many do not give this much consideration especially during dissolution of marriage.  A couple’s 10th anniversary has legal significance in this respect.  However, this significance will not remain relevant to the same degree for much longer due to the national budget. Attorney Tiffany Lunn suggests you read more about this at: How Divorce and Death Affect Social Security Benefits.  You should follow-up with questions by contacting a family law attorney for clarity.

Published in: on May 27, 2016 at 7:54 pm  Leave a Comment  
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New Divorce Law Could Be Coming To Georgia

Georgia is one of the United States’ leading divorce states.  Couples in Georgia is steadily divorcing. The Georgia House of Representatives is seeking to make obtaining a divorce in Georgia a bit lengthier, in an attempt to discourage divorce.  Georgia legislatures seem to be following other states around the nation, such as North Carolina, in making a legislative attempt to discourage divorce.  For example, North Carolina has a one year waiting period for divorcing couples that may be extended to two years in the coming years.  The proposed new law in Georgia would be a big change from how Georgia divorces are granted today and from years passed.  Attorney Tiffany R. Lunn suggests that you read more about the proposed changes in the article:  Is  the Way We Divorce In America About To Change? Citizens should be encouraged to weigh in with their state representatives with their views on the issue.

Published in: on May 29, 2013 at 1:06 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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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 of Lunn Law LLC

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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Actions NOT To Take During Your Divorce

As most know, divorcing can be a very stressful and cumbersome experience.  However, there are actions and steps that can and should be taken to make the process easier (See our blog post: Divorce Tips) and there are actions that should be avoided so as to not make a stressful situation worse.

Actions that should be avoided by any divorcing person are:

1) Being Dishonest In Court:  You should tell the truth.  When testifying, credibility is of the utmost importance.  If your credibility is thrown into question, your case can go downhill fast. Let your attorney know of any issues or events that you are “hoping” won’t come up.

2) Being Dishonest or Evasive With Your Attorney: Your attorney can not assist you with something that he or she is not aware of.  You should be honest with any issue or event that could have an impact on your divorce.  It could be very determinative of how your cases is analyzed. All relevant facts are important.  Your attorney is not taking your case to judge you.  Your attorney is seeking to assist you in obtaining the best possible outcome for you and/or your children.

3)Making Bad Financial Decisions Based On Emotion: Poor decisions can be based on love, hostility, regret, sympathy, impatience, grief, fear and/or a number of other emotions.  However, decisions should be weighed carefully and you should talk over any concerns with your attorney. You should prepare and insist on being fully engaged in your divorce, even when you don’t feel like being.

4)Not Producing Documents or Answering Interrogatories (Questions) As Required: Your attorney can tell you if there are any exceptions that apply to your case, but generally you should produce financial documents and answer interrogatories, as requested.  It will make the process of divorce smoother and help you avoid additional fees and court costs that may be sought against you by the opposing party, if you do not comply.

5)Be Uncooperative with a Guardian Ad Litem or Other Court Expert (During Contested Divorce and Child Custody Cases): The expert is involved in your case to assist the Court in reaching a determination.  It is not in your best interest to appear uncooperative and make the expert’s duties more difficult to fulfill.

6)Failing to Analyze Your Case Before Settlement: It is often not wise to reach an agreement prior to fully analyzing all the facts and circumstances. That’s why settlement is at its best once each party has disclosed their financial circumstances and an analysis of the case can be  completed.  By not doing so, there is a greater degree of uncertainty, a higher chance that one of the parties will be seeking post-judgment relief quickly thereafter, and an increased chance of regretting one’s decision.

7 )Picking Your Attorney Solely Based On His/Her Fees: You should pick your attorney based on his/her experience, knowledge, your comfort level and ability to communicate with him/her , their relative attorney fees charged,  and their interest in your case.  Attorney fees charged should be merely one of many factors to be considered.

8 ) Taking Legal Advice From Friends and/or Family:  You must remember that just because someone gives you advice, especially legal advice, that does not mean it is correct.  The law varies based on the facts of each individual case and is not to be generalized to apply across the board.  You should listen to your attorney and ask questions as they arise.  If you would like to obtain independent legal advice (from another attorney) about a particular topic, you should do so.  However, it is wise to not talk about the specifics of your case with friends and family for a number of reasons.

9) Concealing and Transferring Property: Concealing or transferring property to avoid equitable division in a divorce is not a good idea.  The “unknowing” spouse may be awarded any property subject to such concealment and transfer.  The Court, your attorney, and spouse will all likely doubt your credibility.

10) Putting Kids In the Middle of The Divorce: Try to keep your children’s lives as normal as possible.  Do not speak negatively about the other parent to your children. Children are not meant to be therapists or counselors.  Let them be children and take their time adjusting to the change.

Post written by Tiffany R. Lunn Esq.

Phone: 770-492-2974

Published in: on July 12, 2011 at 7:27 pm  Comments Off on Actions NOT To Take During Your Divorce  
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Georgia Guardian Ad Litems: Their Role In Contested Child Custody and Divorce Cases

In Georgia, a Guardian Ad Litem (GAL) is an attorney appointed by the Court to represent the best interests of the child/children in a contested child custody or divorce case.  A Guardian Ad Litem is not necessary in every such case.  An appointment usually occurs when one party makes serious allegations about the ability of the party to care for the child/children or when there is a disagreement on who will be the primary custodian.

It is the Guardian Ad Litem’s duty to conduct an investigation into the life of the child/children and provide a report and recommendation to the Court based on that investigation.  If a Guardian Ad Litem is appointed to your case, you should expect some or many of the following to occur: consultations independent of your attorney, home visits, consultations with your attorney, interviews with childcare providers, character witnesses, teachers, and his/her review of various records such as medical, school and/or visitation.

Sometimes, the parties may agree on a particular Guardian Ad Litem, but other times the parties do not get a choice in who the Court appoints. Regardless, you should be cooperative with the Guardian Ad Litem and treat him or her with professional courtesy.  The Guardian Ad Litem is there solely to make a determination of what is in the best interest of your child/children and once that is done, your case is one step closer to being concluded.

Post written by: Tiffany Lunn Esq. of Lunn Law LLC

Phone: 770-492-2974

Published in: on May 23, 2011 at 12:43 pm  Comments Off on Georgia Guardian Ad Litems: Their Role In Contested Child Custody and Divorce Cases  
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