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Family Law

Family Law Attorney in DeKalb County Georgia

Family law problems hit fast, and they hit hard. A divorce filing, a custody fight, or a sudden support dispute can change your finances and your daily life in a matter of weeks. A family law attorney in DeKalb County, Georgia helps you understand your options, protect your children, and make decisions that hold up long after the case ends. The E.N. Banks-Ware Law Firm has guided Georgia families through these exact moments for decades.You are not just looking for legal information. You want to know what happens to your home, your time with your kids, and your paycheck. Our firm handles the full range of family law matters, from divorce and child custody to child support, parental rights, alimony, marital agreements, and order modifications. Each case gets a clear strategy built around what you actually need to walk away with.The firm serves clients across DeKalb County and the surrounding area, including Stonecrest, Lithonia, Decatur, Dunwoody, and the wider Metro Atlanta region. We also represent people in Gwinnett, Fulton, Cobb, Rockdale, and Henry counties. Phones are answered 24 hours a day, so you can reach a real person whenever a problem surfaces. Call (470) 523-3135 to talk through your situation and find out how we can help.

How a Divorce Lawyer in DeKalb County, Georgia Protects What Matters

Divorce rearranges everything at once. Your house, your savings, your retirement, and your time with your kids all land on the table the moment a case opens. A divorce lawyer in DeKalb County, Georgia steps in to keep those decisions from spinning out of your control. The E.N. Banks-Ware Law Firm has guided Georgia spouses through quiet, paperwork-only splits and through bruising courtroom fights, and we build the strategy around the life you want on the other side.

Georgia is an equitable distribution state, which means a judge divides marital property by what is fair, not by a flat fifty-fifty split. That single rule shapes the entire case. A spouse who built a business during the marriage, a couple with a paid-off home in Stonecrest, or a parent worried about a hidden bank account all face very different fights. We map out what counts as marital property, what stays separate, and where the real leverage sits before the first hearing.

How a Divorce Lawyer in DeKalb County, Georgia Protects What Matters

An uncontested divorce moves fast because both spouses already agree on the major terms. You agree on property, custody, support, and debt, then we put it in writing and walk it through the court. The savings in time, stress, and legal fees are real, and many DeKalb County couples never set foot in a courtroom.

The catch is that "agree" has to mean every term, not just the big ones. A vague line about who keeps the 2019 truck or how holidays get split can unravel a settlement months later. Our job is to draft an agreement so airtight that no one comes back fighting over what it actually meant.

Some divorces turn into trench warfare. One spouse hides income, refuses to negotiate, or weaponizes the kids to gain ground. A contested divorce attorney builds the evidence, files the right motions, and pushes the case toward a result a judge will enforce.

This is where decades of courtroom work pay off. We know how DeKalb County judges weigh testimony, what financial discovery actually uncovers, and when a strong filing pressures the other side back to the table.

How Georgia Divides High Asset and Business Property

High asset divorces add layers most cases never touch. A medical practice, a rental portfolio, stock options, or a closely held business each needs a real valuation before anyone divides a dollar. We bring in the right financial analysis so your share reflects what the asset is truly worth, not what your spouse claims it is worth.

How Hidden Income and Wasted Assets Affect Your Settlement

Hidden money changes the math fast. A spouse who quietly drains a joint account, undersells a business to a friend, or funnels cash before filing can be held accountable in court. We trace those moves and ask the judge to credit the wasted or hidden funds back into your share of the marital estate.

Most divorces with children fold custody and support straight into the case. The parenting plan, the visitation schedule, and the child support amount all get decided alongside the property split. We make sure the numbers and the schedule fit your family instead of a generic template.

A father working rotating shifts needs a plan built around his real calendar, not a standard every-other-weekend default. We tailor the schedule and the support figure to how your household actually runs, then push to lock it into the final decree.

Child Custody

Divorce

Estate Planning

Family Law

What a Child Custody Attorney in DeKalb County, Georgia Can Do for You

Custody is the fight parents lose sleep over. Money you can rebuild, but time with your kids does not come back. A child custody attorney in DeKalb County, Georgia steps in to protect that time and to keep one parent from rewriting the rules to cut you out. The E.N. Banks-Ware Law Firm has stood beside Georgia mothers and fathers through first-time custody cases and through ugly relocation battles, and we build every plan around what actually serves the child.

Georgia courts decide custody by one standard above all others: the best interests of the child. That phrase sounds simple and turns out to be anything but. A judge weighs each parent's home, work schedule, history of caregiving, and ability to cooperate before signing off on a plan. We help you show the court the parent you already are, with the kind of evidence that holds up under pressure.

Georgia splits custody into two parts, and parents mix them up constantly. Legal custody covers the big decisions, and physical custody covers where the child actually sleeps. Understanding the difference changes how you fight for what you want.

Here is how the two break down:

  • Legal custody governs major choices about education, healthcare, religion, and extracurriculars. Georgia courts often award this jointly, so both parents share the decisions.
  • Physical custody sets the child's primary home and the day-to-day schedule. One parent is usually named the primary physical custodian while the other gets parenting time.
  • Joint custody can apply to either type, and a judge can grant joint legal custody while still naming one parent the primary physical custodian.
  • Sole custody gives one parent control, and Georgia courts reserve it for cases involving real concerns like abuse, neglect, or abandonment.

Once parents see the split, the strategy gets sharper. A father who already handles doctor visits and school pickups has a strong claim to joint legal custody even if the child sleeps primarily at mom's house. We frame your role around the custody type that fits your goal.

Georgia requires a written parenting plan in every custody case, and a weak one causes problems for years. The plan spells out the schedule, the holidays, the transportation, and the decision-making. A vague plan invites the next fight, so we draft yours to leave nothing open to interpretation.

The strongest plans anticipate the friction before it happens. We pin down who handles a sick day, how summer break splits, and what happens when one parent wants to travel out of state. That detail is what keeps you out of court down the road.

How a Father's Rights Lawyer Levels the Custody Field

Fathers walk into custody cases expecting to lose, and that fear costs them. Georgia law does not favor mothers, and an involved father has a real claim to meaningful time and joint decision-making. A father's rights lawyer makes sure the court sees the full picture instead of an outdated assumption.

We document the school runs, the coaching, the bedtime routines, and the steady presence that prove your role. When a father shows up with that record, judges in DeKalb County listen.

How a Custody Lawyer Handles Relocation and Modification Disputes

A move can blow up a custody order overnight. One parent takes a job in another county or another state, and the existing schedule no longer works. Georgia treats relocation as a serious change, and the parent who wants to move carries the burden of showing it serves the child.

How Georgia Courts Treat a Parent Who Wants To Move Away

Georgia abandoned the old rule that a custodial parent could move almost automatically. Now the court runs the relocation through the best-interests test again, fresh. A parent fighting a move can show how the new distance would gut the child's relationship with the other parent, the school, and the community they already know. We build that case fact by fact so the judge sees exactly what the child stands to lose.

What a Child Custody Attorney in DeKalb County, Georgia Can Do for You

How a Child Support Attorney in DeKalb County, Georgia Calculates Fair Support

Child support runs on a formula, and that formula decides real money for years. Parents on both sides feel the weight of it. The parent receiving support needs enough to actually raise the child, and the parent paying it needs a number that reflects what they truly earn. A child support attorney in DeKalb County, Georgia makes sure the math is right, and the order is fair. The E.N. Banks-Ware Law Firm has run these numbers for Georgia parents through first orders, contested hearings, and bitter disputes over hidden income.

Georgia does not let a judge pick a number out of thin air. The state uses the income shares model, which builds support around what both parents earn combined. Get the inputs wrong and the whole order tilts. We make certain every figure that feeds the calculation is accurate before a judge ever signs off.

The income shares model starts with a simple idea. A child should receive the same share of parental income they would have gotten if the family stayed together. Georgia takes both parents' gross incomes, combines them, and assigns each parent a percentage of the total support obligation.

From there, the worksheet does the heavy lifting. The court plugs in both incomes, the cost of health insurance, and work-related childcare, then lands on a base support figure. A parent earning sixty percent of the combined income carries roughly sixty percent of the obligation, adjusted for parenting time and other factors.

How Income, Health Insurance, and Childcare Affect the Number

The inputs are where cases get won or lost. Gross income covers far more than a paycheck, including bonuses, commissions, overtime, and self-employment earnings. A parent who tries to hide a side business or underreport tips is gaming the worksheet, and we know where to look.

Health insurance and childcare then shift the figure again. The cost of covering the child's medical insurance and the daycare a parent pays to keep working both factor straight into the calculation. We make sure those real costs land in the worksheet instead of getting quietly left out.

How Georgia Treats Self-Employment and Unreported Income

Self-employed parents create the toughest support fights. A business owner can write off a personal truck, run family expenses through the company, or simply report a fraction of what they actually take home. Georgia lets the court look past the tax return to the real cash flow. We pull bank records, business filings, and lifestyle evidence to show a judge what a parent genuinely earns, not what they claim on paper.

An order means nothing if the other parent ignores it. Georgia gives you teeth to collect, and a child support lawyer knows how to use them. Wage garnishment, license suspension, contempt motions, and interception of tax refunds all sit on the table when a parent falls behind.

The pressure works because the consequences are real. A parent facing a suspended driver's license or a contempt finding tends to find the money fast. We file the right motion and put the court's enforcement power behind your order.

How Back Child Support and Arrears Are Recovered

Past-due support does not just disappear. Georgia calls the unpaid balance arrears, and it keeps adding up with interest until it is paid in full. A parent who skipped payments for two years still owes every dollar.

We pursue that balance through judgments, liens, and garnishment until the account is current. Even a parent who moves out of state stays on the hook, because we use interstate enforcement to follow the obligation wherever they go.

How a Child Support Attorney in DeKalb County, Georgia Calculates Fair Support

How a Parental Rights Attorney in DeKalb County Defends Your Role

Parental rights sound automatic until someone challenges them. Then a parent learns the hard way that biology alone does not always grant legal standing in Georgia. A parental rights attorney in DeKalb County, Georgia, steps in to establish, protect, or restore your legal connection to your child. The E.N. Banks-Ware Law Firm has fought these cases for fathers shut out at birth, for parents facing termination threats, and for caregivers raising a child the court has yet to recognize.

The stakes here run deeper than a schedule or a dollar figure. Parental rights decide whether you can make decisions for your child, share in custody, or even keep your name on the legal map of that child's life. Georgia treats these rights as fundamental, but fundamental does not mean unbreakable. We make sure the law works for you instead of against you.

In Georgia, an unmarried father has no automatic legal rights to his child, and that surprises almost everyone. Until he files for legitimation, the mother holds all legal custody by default. Paying support or signing the birth certificate does not fix it. Legitimation is the legal step that turns a biological father into a legal one.

The filing changes everything at once. Once a court grants legitimation, the father can pursue custody, secure visitation, and weigh in on major decisions about the child. We move quickly on these cases because delay only lets the other side argue the father was absent.

How a Father Files for Legitimation and Custody Together

Smart fathers do not stop at legitimation. The petition that establishes legal fatherhood can also ask the court for custody and parenting time in the same breath. Filing them together saves months and signals to the judge that this father wants a real role, not just a title.

We pair the legitimation request with a parenting plan and a custody claim from the start. That approach puts the father on equal footing the moment the court recognizes him.

Few phrases frighten a parent like termination of parental rights. It is the legal nuclear option, a permanent cut that ends the parent-child relationship in the eyes of the law. Georgia does not grant it lightly, but relatives, the other parent, or the state can all push for it.

A parental rights lawyer stands between you and that outcome. We challenge the grounds, present evidence of your fitness, and hold the other side to the high burden Georgia demands. The right defense can be the difference between losing your child forever and keeping the bond intact.

How Georgia Defines Grounds for Terminating Parental Rights

Georgia requires specific, serious grounds before a court severs the tie. Abandonment, chronic abuse, severe neglect, or a parent's failure to support or communicate with the child can all open the door. Vague accusations are not enough, and that gives us room to fight.

How a Parent Can Restore Rights and Rebuild a Case

A parent who has stumbled is not automatically finished. Georgia courts care about current fitness, so a parent who completes treatment, stabilizes housing, and reengages with the child can rebuild a real case. We document that turnaround and present it as the full picture, not a snapshot of the worst moment.

Georgia opened a door that did not exist a few years ago. The equitable caregiver law lets a non-biological adult who has truly raised a child seek legal standing. A stepparent, a grandparent, or a partner who acted as the child's parent now has a path to custody and visitation.

The bar is high, and that protects everyone. The caregiver must show a real parental bond, consistent caregiving, and that ending the relationship would harm the child. We build that record carefully, because these cases turn on the depth of the relationship, not just the label.

How a Parental Rights Attorney in DeKalb County Defends Your Role

What a Spousal Support and Alimony Attorney in DeKalb County, Georgia Pursues

Alimony is the part of divorce that can keep you afloat or sink you. One spouse gave up a career to raise kids and now faces life with no income. The other watches a judge consider handing over a chunk of every paycheck for years. A spousal support and alimony attorney in DeKalb County, Georgia, fights for the number that actually fits the marriage. The E.N. Banks-Ware Law Firm has argued both sides of these cases, for the spouse who needs support to rebuild and for the spouse who refuses to overpay.

Georgia does not guarantee alimony to anyone. Unlike child support, there is no formula spitting out a figure. A judge decides whether support is warranted at all, then sets the amount and the length based on the facts. That discretion is exactly why the right advocacy matters so much.

Georgia recognizes more than one kind of alimony, and the type drives the strategy. Temporary alimony keeps a spouse stable while the divorce is still pending. Permanent alimony, despite the name, often runs for a set period after the divorce is final.

The court weighs the standard of living during the marriage, how long the marriage lasted, and each spouse's earning capacity. A twenty-five-year marriage with one stay-at-home parent points toward longer support. A short marriage between two earners often points toward little or none. We position your case around the factors that move a DeKalb County judge.

How Georgia Decides Who Pays and How Much

The math here is not really math; it is an argument. The court looks at one spouse's need against the other spouse's ability to pay, then balances the two. A high earner married to a spouse with no recent work history is the classic setup for a support award.

We dig into the real financial picture on both sides. Income, assets, reasonable expenses, and future earning potential all shape the number. When a spouse claims poverty while hiding income, we expose the gap and protect your position.

How Marital Misconduct and Adultery Affect Alimony in Georgia

Georgia is one of the states where behavior can cost you. A spouse whose adultery or desertion caused the divorce can be barred from receiving alimony altogether. That single fact reshapes negotiations the moment it surfaces.

We handle this evidence with care because it cuts both ways. Proving misconduct can shut down a support claim, and defending against a false accusation can save one. Either way, we make sure the truth lands in front of the judge.

An alimony order is not always permanent. Life changes, and Georgia lets the order change with it. A job loss, a major raise, or a new living arrangement can all justify revisiting the amount.

An alimony lawyer knows which changes the court will actually act on. We file to lower, raise, or terminate support when the facts support it, and we defend your order when the other side tries to game the system.

How Cohabitation and Remarriage Change an Alimony Obligation

Some events flip the switch fast. In Georgia, a recipient's remarriage typically ends alimony outright. Cohabitation with a new partner in a marriage-like arrangement can also justify cutting or stopping payments.

The paying spouse has to prove it, and that takes real evidence. We gather what the court needs to show the living situation has genuinely changed, then move to modify or end the obligation.

What a Spousal Support and Alimony Attorney in DeKalb County, Georgia Pursues

Why You Need a Prenuptial Agreement Attorney in DeKalb County, Georgia

A prenuptial agreement is not a sign you expect to fail. It is a financial seatbelt you hope to never use. Couples who walk into marriage with a business, real estate, savings, or kids from a prior relationship have real assets worth protecting. A prenuptial agreement attorney in DeKalb County, Georgia builds an agreement that holds up if the marriage ever ends. The E.N. Banks-Ware Law Firm drafts these contracts for Georgia couples who would rather decide their own terms now than leave it to a judge later.

The conversation feels awkward, but the math is simple. Without a prenup, Georgia's equitable distribution rules decide who gets what. With one, you and your future spouse write the rules in advance, while you still like each other. That clarity is worth far more than the discomfort of the talk.

A strong prenup does heavy lifting across your financial life. It can define what stays separate property, shield a business from division, and protect inherited assets you want to keep in the family. For a parent with children from a prior marriage, it can preserve an inheritance for those kids.

The agreement can also settle alimony in advance. Georgia allows couples to waive or limit spousal support through a prenup, which removes one of the biggest fights from any future divorce. We tailor each clause to the assets you actually have and the outcomes you actually want.

What a Prenuptial Agreement Cannot Decide Under Georgia Law

Even an airtight prenup has limits, and ignoring them gets clauses thrown out. Georgia will not let a prenup decide child custody or child support, because those belong to the child, not the parents. A clause trying to lock in a custody arrangement is dead on arrival.

The agreement also cannot include anything illegal or wildly one-sided to the point of being unconscionable. We keep your prenup focused on the financial terms Georgia actually enforces, so it survives a challenge instead of collapsing.

A prenup is only as good as its enforceability. Georgia courts toss agreements that were rushed, hidden, or signed under pressure. A prenuptial agreement lawyer builds the contract to survive the exact attacks a future divorce will throw at it.

Three things matter most. Full financial disclosure, independent legal advice for each spouse, and signing well before the wedding day. We handle each one deliberately so no one can later claim they were blindsided or coerced.

How Full Disclosure and Timing Protect Your Agreement

Hiding assets is the fastest way to sink your own prenup. Georgia expects each spouse to lay out their full financial picture before signing. A spouse who concealed a brokerage account or a second property hands the other side an easy argument to void the deal.

How a Last Minute Prenup Can Be Challenged in Court

Timing alone can kill an agreement. A prenup shoved across the table the night before the wedding reeks of pressure, and judges notice. The closer the signing creeps to the ceremony, the easier it is for a spouse to argue they had no real choice. We push these agreements to completion early, with room for each party to read, question, and sign without a clock running.

Why You Need a Prenuptial Agreement Attorney in DeKalb County, Georgia

How a Postnuptial Agreement Lawyer in DeKalb County, Georgia Protects Married Couples

A postnuptial agreement is the prenup you wish you had signed. Same idea, different timing. Couples who are already married sit down and decide how their finances would be handled if the marriage ever ended. A postnuptial agreement lawyer in DeKalb County, Georgia builds that contract for spouses who want certainty without the courthouse. The E.N. Banks-Ware Law Firm drafts these agreements for Georgia couples navigating a new business, a fresh inheritance, or a rough patch they are working to survive.

The reasons couples reach for a postnup are surprisingly practical. One spouse launches a company and wants to shield it. A spouse inherits property and wants it kept separate. Sometimes a couple rebuilding trust after a hard season uses the agreement to take money off the table so they can focus on the marriage itself.

Timing is everything with a postnup, and certain moments practically demand one. A spouse starting a business needs to protect the other from its debts and protect the company from division. A sudden inheritance or a large gift raises the same question of what stays separate.

Life changes are not the only trigger. A couple where one spouse leaves the workforce to raise children may want to define support in advance, so the at-home spouse is not left exposed. We match the agreement to the exact event that brought you to the table.

How a Postnuptial Agreement Differs From a Prenuptial Agreement

The core difference is simple. A prenup is signed before the wedding, and a postnup is signed after. Everything from that point gets more complicated, because spouses already owe each other legal and financial duties the day they marry.

That shift raises the bar for enforceability. Georgia scrutinizes postnups harder precisely because the spouses are no longer at arm's length. We build yours with that heightened scrutiny in mind from the first draft.

A postnup that fails in court is worse than no postnup at all, because it created false security. Georgia courts will void an agreement that was unfair, hidden, or pressured. A postnuptial agreement lawyer constructs the contract to withstand a direct challenge years down the road.

The safeguards mirror a prenup but matter even more here. Honest financial disclosure, separate counsel for each spouse, and terms that are genuinely fair to both sides. We refuse to cut corners on these, because a corner cut today is the clause that unravels tomorrow.

How Fairness and Independent Counsel Protect a Postnup

A lopsided postnup is a target. When one spouse walks away with everything and the other with nothing, a judge smells coercion. Georgia wants to see terms that a reasonable person would actually agree to.

How a Court Reviews a Postnup During a Divorce

When a divorce hits, the postnup goes under the microscope. The court checks whether both spouses disclosed their finances, whether each had a real chance to get independent advice, and whether the terms were fair when signed. An agreement that clears all three tends to hold. We draft yours to pass every part of that review so it does its job when it matters most.

How a Postnuptial Agreement Lawyer in DeKalb County, Georgia Protects Married Couples

When a Modifications Attorney in DeKalb County, Georgia Can Change Your Order

A court order is not carved in stone. Life moves, and the order that fit two years ago can become a cage today. A parent loses a job, a child's needs shift, or one parent moves across the state. A modifications attorney in DeKalb County, Georgia, goes back to court to bring the order in line with reality. The E.N. Banks-Ware Law Firm handles these cases for Georgia parents and former spouses who need a custody, support, or alimony order to finally match the life they are actually living.

Georgia does not let you change an order on a whim. You have to show a real, substantial change in circumstances since the last order. That standard keeps people from running back to court every time they feel annoyed, and it is the first thing we prove before anything else moves.

Each type of order changes under its own rules. Custody, child support, and alimony all live under one roof on this page, but Georgia treats them as separate fights with separate triggers. Knowing which standard applies is half the battle.

The common thread is the substantial change requirement. A modest bump in income or a minor scheduling annoyance will not move a judge. A job loss, a relocation, a remarriage, or a child's serious new need will. We pinpoint the change that actually clears the bar and build the petition around it.

How a Custody Modification Lawyer Proves a Change in Circumstances

Custody modifications turn on whether the current arrangement still serves the child. A parent who started working nights, a child struggling in a new school, or a co-parent who keeps violating the schedule can all justify a fresh look. The court always circles back to the best interests of the child.

We gather the proof that makes the change undeniable. School records, the broken-down schedule, a parent's new instability, whatever shows the order no longer fits. For a child fourteen or older, Georgia even lets the child choose which parent to live with, subject to the judge's approval.

How a Child's Age and Preference Affect a Custody Change

Age gives a child a real voice in Georgia. At fourteen, a child can elect which parent to live with, and that election carries serious weight unless the judge finds the chosen parent unfit. Between eleven and thirteen, the court considers the child's wishes but is not bound by them. We prepare the case so the child's preference is presented properly instead of looking like one parent coached it.

How a Child Support Modification Attorney Adjusts the Amount

Child support modifications follow the money. A substantial change in either parent's income, a shift in custody time, or a major change in the child's needs can all reset the number. Georgia generally lets you seek a review every two years, or sooner when a big change hits.

The recalculation runs back through the income shares worksheet with the new figures. A parent who lost a job should not keep paying based on a salary they no longer earn. We file fast in those cases, because the obligation keeps running until the court changes it.

Modification is a two-way street. Sometimes you are not the one asking; you are the one defending a perfectly good order from an attack. An ex who wants to dodge support or grab more custody can drag you back to court on a thin claim.

A modifications lawyer pushes back hard. We show the court that no substantial change actually happened, or that the requested change would hurt the child or unfairly burden you. Holding the line on a fair order is just as important as winning a new one.

When a Modifications Attorney in DeKalb County, Georgia Can Change Your Order

Call the E.N. Banks-Ware Law Firm to Speak With a Family Law Attorney in DeKalb County, Georgia Today

Family law does not wait for a convenient moment. The papers get served, the deadline lands, and suddenly your home and your kids are on the line. The sooner you talk to a family law attorney in DeKalb County, Georgia, the more control you keep over what happens next. The E.N. Banks-Ware Law Firm is ready to step in, whether you are facing a divorce, a custody fight, a support dispute, or a change to an order that no longer works.

You have read what we handle, from divorce and child custody to child support, parental rights, alimony, prenuptial and postnuptial agreements, and modifications. What a page cannot show you is how your specific situation plays out. That answer comes from a real conversation about your facts, your goals, and the result you need to walk away with.

We answer the phone 24 hours a day, so you never have to sit on a crisis until business hours. A late-night custody emergency or a sudden filing gets a real person on the line whenever it happens. That access matters when the other side is already moving.

E.N. Banks-Ware has guided Georgia families through these exact fights for decades, across DeKalb County and the surrounding communities of Stonecrest, Lithonia, Decatur, Dunwoody, and the wider Metro Atlanta area. The firm also serves clients in Gwinnett, Fulton, Cobb, Rockdale, and Henry counties. That kind of experience turns a frightening process into a clear plan.

Take the first step today. Call the E.N. Banks-Ware Law Firm at (470) 523-3135 to speak with a family law attorney in DeKalb County, Georgia, or reach the team through our contact page to get started.

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Call the E.N. Banks-Ware Law Firm to Speak With a Family Law Attorney in DeKalb County, Georgia Today