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Detained in a Detention Center?

When you are detained by immigration, your initial goal is often to get out as soon as possible.  To get back home and be with your loved ones, the immigration judge (or sometimes the Department of Homeland Security) must grant you a bond.  An immigration judge takes several things into consideration when deciding to grant a bond request and if granted how much.  One of the main things he considers is whether you are a flight risk, meaning whether you are likely to attend your court hearings. To demonstrate to the immigration judge that you are not a flight risk, you will need to provide evidence to prove this.  The judge will consider several factors when making a decision, including:

  • Eligibility for immigration relief
  • Family with legal status in the U.S.
  • Ties to your community
  • Ownership of property
  • Stable job
  • Length of time in the U.S.

There are a variety of ways to prove to the court that you are not a flight risk.  You can provide your own written statement explaining the reasons why you need to be released from detention and why you would like to stay in the U.S., such as to work and support your family.  You can also provide letters from family, friends, employers, and community members who support your release.  You can provide bills, mortgage statements, car titles, tax returns, and other similar documentation to show your length of time in the U.S. and ownership of property.  And if you are eligible for relief, proof of any pending or approved applications and/or eligibility to apply for such relief. These are just a few examples of the types of evidence that can be used to prove that you are not a flight risk.  You typically will only have one chance to show your bond eligibility, so it is extremely important to consult an attorney prior to applying for a bond to make sure that you are including all the evidence necessary to make your case as strong as possible, to improve your chances of being granted a bond.

If you found this post helpful, please share it!  If you or a family member are detained or facing deportation proceedings, contact us to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed attorney on your team.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

The way debt is handled during divorce typically depends on when it was obtained, along with each spouse’s financial standing and role in accruing the debt.

Debt is a burden that the majority of Americans struggle with today. National Public Radio recently reported that 80 percent of people in the U.S. carry some form of debt. Unfortunately, this means that many people getting divorced in Georgia will need to deal with the division of debt during their settlements. It is essential that these spouses understand how financial liabilities are treated and distributed during divorces in Georgia.

Which debt is considered marital?

The way that debt is handled during divorce depends largely on whether it is marital or separate debt. As materials from the State Bar of Georgia explain, most assets and debts obtained while two people are married qualify as marital property. Property acquired before marriage is considered separate property. During divorce, marital property and debts are subject to equitable distribution between spouses, while separate property and debts remain with the original owner.

Typically, debt incurred during marriage is considered marital regardless of whether one or both spouses accrued it. For example, if both spouses are co-signers on a credit card and one spouse accumulated debt on the card, both spouses will likely be considered liable. However, judges may not always divide credit card debt during divorce. If one spouse independently accrued debt and the debt is only in that spouse’s name, it might not be subject to distribution at the time of divorce.

How are marital liabilities distributed?

In Georgia, family law judges don’t follow set guidelines when dividing debt during divorce. Instead, they evaluate various factors to determine what kind of division would be equitable. These factors include:

  • The way that each spouse contributed to the accumulation of the debt.
  • Each spouse’s income, assets and overall ability to repay the debt.
  • Each person’s existing obligations or liabilities.

Under these guidelines, predicting how debt will be divided can be challenging. Sometimes, a judge may allocate more debt to the spouse who was responsible for accruing the debt. In other divorces, the spouse with greater financial means may be ordered to repay more of the marital debt. In the case of secured debts, such as auto loans or mortgages, a judge may assign responsibility to the spouse who keeps the property in question.

What else should spouses know?

A family law judge can assign certain debts exclusively to each spouse or require both spouses to make payments toward each marital debt. In either case, spouses should understand that a divorce decree doesn’t mitigate a person’s legal liability to his or her creditors. According to The Huffington Post, if a person’s name appears on a loan agreement that the ex-spouse is responsible for repaying, the person may still be held liable if the ex-spouse defaults.

To reduce the risk of this outcome, spouses should consider working with an attorney during the property division process. An attorney can help a spouse explore options for repaying debt before divorce or ensuring protection against unwanted financial complications after divorce.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

 

There are many types of adoption here in Georgia.  Here is some general information to help you decide which type of adoption is best for you and your spouse to expand your family.  

 

 

Here is a great list of the basic types of adoptions in Georgia:

  • Independent/ Private Adoptions
  • Private Agency Adoptions
  • DFCS adoptions
  • Relative Adoptions
  • Step-parent Adoptions
  • International Adoptions

So what does each of these types of adoption really mean?

Private Agency Adoption – These adoptions are adoptions in which the child is placed with the adoptive parents through a child placing adoption agency licensed in the state of Georgia.  A pre-placement home study, criminal background check, child’s background information form, and agency’s written consent to the adoption will be required to a private agency adoption

Department of Family and Children Services (DFCS) Adoptions – These involve the adoption of children who have been in DFCS custody in the foster care system.  DFCS adoptions have the same basic requirements as private agency adoptions.  Most often these children qualify for adoption assistance which can help with legal fees, provide a monthly stipend, and Medicaid for the child.  It is critical that you get approved for this assistance before you finalize a DFCS adoption.

Independent/ Private Adoptions  –  In an independent or private adoption the child is placed directly with the adoptive parents by the child’s biological mother, or by both biological parents, often with the involvement of an adoption attorney.   A pre-placement home study and criminal background check are still required, usually by a licensed adoption agency or qualified social worker.

Stepparent Adoptions – In a stepparent adoption, the stepparent adopts the child of his/her spouse with consent of the spouse. (i.e. the child’s custodial parent).  It is also necessary for the parental rights of the non-custodial parent to either be surrendered or to be terminated in court before the stepparent can adopt the child.  A pre-placement home study is not required for a step-parent adoption, but a criminal background check and court report (verifying the facts in the petition) is required before finalizing the adoption. 

Relative Adoptions – In a relative adoption, the petitioner must be related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, or sibling.  A pre-placement home study is not required for a relative adoption, but a criminal background check and court report (verifying the facts in the Petition) is typically required before finalization of the adoption

Note: Other relatives, even though related by marriage or blood, such as cousins, do not meet the definition of relatives for the purpose of “relative adoption”.

International Adoptions – International Adoption is when you work with an international licensed adoption agency to adopt a child from another country.  It can be a complicated process and the adoption, and immigration of the child to the United Sates, must be approved by both the other country and by the U.S. State Department. 

If you and your spouse are considering expanding your family through adoption we encourage you to contact us.   We would love to help guide you through all of the options.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

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