[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]With the Georgia Supreme Court announcing that Courts will remain closed until June 12, it has left a lot of people (including lawyers) wondering when court matters can be finalized. Virtually every type of case – criminal jury trials, divorce hearings, evictions, small claims lawsuits – have been in a state of limbo for the last few months.
So does the extension of the judicial emergency mean that you are limited in pursuing all legal options? It does not. Here are some examples of how legal matters can still be pursued during these unprecedented times:
– You can get divorced, albeit of the uncontested variety. If you and your spouse agree on all terms, courts can still grant divorces. We have had several divorces finalized during this time of the courts being closed.
– You can get your divorce started. Courts are still accepting electronic filings. So you can still file your contested divorce case. This is important because when the inevitable court backlog begins to be cleared, your case can be ready to move forward at the appropriate time. Additionally, while the courts are closed, mediation is still being had via video conference.
– You can file for modification of child support. Many people have lost employment due to COVID-19, and it may be many months or years before some people can get their job back (if at all) or earn income similar to pre-COVID levels. But the process can be started to modify child support. Georgia law has a provision that provides, in certain circumstances, that your child support can be reduced dating back to the date you filed your case. So it is important to get your case filed as soon as possible if you have faced an involuntary loss of income and cannot gain employment at materially similar levels as you earned pre-COVID.
– You can file to enforce provisions of your divorce decree that your ex-spouse is refusing to follow (such as nonpayment of child support). The Georgia Supreme Court is considering a rule to have certain civil proceedings held via video conference, which would include contempt (enforcement of your divorce decree) of court. And as with divorce and modification actions, even this rule does not go into effect, you can still get the process started.
– You can attend mediation. Mediation is a requirement in many counties before a final trial can be had (including in divorce, modification, and legitimation actions). So while the courts are closed, mediation can be completed. Many times, mediation leads to completely settling an otherwise contested case – meaning you can completely resolve your outstanding case and finalize it.
– You can have a will made. And you do not even have to come into our office to sign – we can do a will signing via video conference.
So while the courts are closed on a temporary basis, there are several ways to continue to move forward in light of this unprecedented dilemma that we all are facing. Give our office a call (we remain closed for in-office meetings) for a free telephone consultation at 770-461-2025.[/vc_column_text][/vc_column][/vc_row]