FAMILY LAW

Hire an Experienced Family Law Attorney

So many issues arise in family law, including divorce, child support, custody and visitation, paternity, alimony, and prenuptial agreements. When you want to divorce your spouse, it is important to hire an attorney who works in this field. A lawyer who writes municipal bonds may be able to advise you, but someone who has experience in these matters will be more efficient and effective in solving your problems.

Fulton County Lawyers Who Have Compassion

Attorney J Thomas Salata at Salata Law, in Alpharetta, knows the territory. He has practiced family law in the Atlanta area since the late 1990s. He has shepherded high-asset divorces through court, protected his clients through restraining orders, and mediated child custody disputes. When you work with J Thomas Salata you will receive personalized legal representation. Tom has helped many families through the divorce process. In a time of uncertainty, he will make sure you are standing on solid legal ground.

We Handle Post-Divorce Issues, Too

Your relationship with your former spouse will continue past the divorce decree, especially if you have children. We can help you make modifications of child custody and child support. If your support check is late, we know how to enforce payment.

Typical family law issues:

Paternity

Acknowledgement of Paternity

For reasons of your own, you and the mother of your child never married. Now, however, you would like to play a bigger role in your child’s life. In Fulton County, attorneys at Salata & Reese, LLP, in Alpharetta, can help you establish paternity and legitimate your relationship with your child.

Legitimating Your Child

Paternity establishment is often used in Georgia to determine child support and child custody obligations for people who are not married. Establishment may take place when the child is born in the hospital and both parents acknowledge the birth and sign a form. The form may also be filled out later at the State Office of Vital Records in Atlanta, or the Vital Records Office in the county where the child was born. If voluntary legitimation of a child born out of wedlock is not done before the child’s first birthday, the question of the child’s legitimacy must be addressed in Superior Court. You cannot petition the court for custody and visitation rights if your relationship is not legitimated. Our experienced paternity attorneys can guide you through the system.

Paternity Testing: Legally Identifying the Father

Perhaps you want to disprove your paternity or have your name removed from a birth certificate. Or, in some cases, Georgia courts will order a paternity test in order to establish and enforce child support. We can help you through the legal process and find a laboratory to process a sample of your DNA to compare with the DNA of a child.

Prenuptial and Postnuptial Agreements

Do We Really Need a Prenup?

As unromantic as they sound, prenuptial agreements can be quite useful under certain circumstances. If you have questions about a prenup, the attorneys at the Fulton County law firm of Salata Law, in Alpharetta, can answer them.

Who Should Get a Prenup?

Prenuptial agreements work well for couples who have:

  • Disparate assets. If one partner owns a house or has an investment account, you should decide if that property will remain under separate ownership or become shared marital property.
  • Disparate debts. If one of you has a large student loan, the other may get stuck with it should you divorce.
  • Disparate incomes. If one partner makes significantly more money than the other, you can set a minimum or maximum limit on what the higher wage earner can pay. However, judges may throw these agreements out when determining spousal support.
  • Children from another marriage. The prenup can spell out who will pay certain expenses for children from a previous relationship.

What Is a Postnuptial Agreement?

Postnuptial agreements are becoming more popular in Georgia. In general, they may be used to revise a prenup or protect a business in the event of divorce. Some couples use them to reduce fights over money or to “fine” an unfaithful spouse. To have an enforceable postnuptial agreement, both parties must have their own lawyer, they must disclose all their finances, and the contract should be fair to both parties.

Contact Us Regarding Pre- or Postnuptial Agreements

Prenuptial and postnuptial agreements are not for everyone, and a poorly crafted agreement may be thrown out of court during divorce proceedings. It may also be tossed out if you can prove that you were coerced into signing it or did not know what you were signing. Contact us for professional assistance in this matter online or by phone: 770-408-7004.

Family Violence

Georgia’s Ambiguous Family Violence Act

The Family Violence Act was enacted by the Georgia General Assembly in 1982. It is illegal for people who live in the same household to batter one another, including people who are not relatives. That is straightforward and easy to understand. The ambiguity lies in the fact that “family violence” is not a crime. The Fulton County family violence lawyers at Salata Law, in Alpharetta, can explain the difference.

What Is Family Violence?

Family violence may be one or more acts such as:

  • Battery and simple battery
  • Assault and simple assault
  • Stalking
  • Criminal damage to property
  • Unlawful restraint
  • Criminal trespass
  • Stalking
  • Felonies such as kidnapping, rape, aggravated child molestation or aggravated sexual battery

In 1995, Georgia passed a “Two Strikes You Are Out” law. A person convicted for a second time for a serious violent felony may receive a mandatory life sentence without parole. Serious violent felonies are designated as such by statute.

If You Are the Victim of Family Violence

At Salata Law, we have dealt with people who have been assaulted before or during their marriage. We have also handled cases of assault between parents and children. For victims, we file protective orders to limit contact and keep them safe. If the person who perpetrated the crime violates the restraining order, he or she can be held in contempt of court. An arrest warrant will be issued, and the violator will be brought before the court.

If You Have Been Accused of Family Violence

If you have been served with a family violence ex parte protective order, we can defend you. A hearing will be held, and we will guide you through it. We will attend it and argue on your behalf.

Restraining Orders and TPOs

Call an Fulton County Lawyer for Help

When you are caught in a violent family situation, a restraining order, or temporary protective order, may be your first step toward freedom. In Fulton County, Georgia, the law firm of Salata Law, in Alpharetta, is on your side.

Don’t continue to suffer abuse. Call us now at 770-408-7004

What Does a Temporary Protective Order Cover?

Temporary protective orders (TPOs) do more than order your spouse to stay away from you and the kids. They may:

  • Give you full possession of your residence or household and exclude your spouse
  • Require your spouse to provide you and other members of the household with suitable alternative housing
  • Grant you temporary custody of the children and set up visitation rights
  • Allow you to retrieve your personal property if the other party has not been evicted
  • Make support payments for the kids
  • Make support payments to you
  • Award legal fees to one or both of you
  • Order the violent person to receive psychiatric or psychological services

How to Get a TPO in the Atlanta Area

You can file for a TPO on your own, but you may be better off having an attorney do it for you — especially if the person from whom you want protection has already “lawyered up.” We will do the legwork for you and make sure that your rights are protected. We have a wealth of experience in this area. We will act in the best interests of your children.

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Office

2500 Northwind Parkway,
Suite 330
Alpharetta, GA 30009

Phone: 770-408-7004
Fax: 678-240-2500

Credentials