Marietta and Metro Atlanta Divorce and Family Law Blog

This blog is for informational purposes only and is not intended as legal advice. Much of what happens at trial is case specific and no two cases are identical. The following posts address how courts  typically address such common situations.  If you are seeking advice for  an ongoing or future case, please  feel free to contact us to discuss how the law may apply to the facts in your particular case.

Drug Issues in Custody Cases

Posted by Diane Cherry, Founder | Jun 16, 2021 | 0 Comments

Drug use is rampant in the United States and Georgia is no exception.  Many people end up getting divorced over one partner's drug use. Normally, drug users marry other drug users.  If If you are involved in a custody dispute and are continuing to use recreational drugs, you run the risk of losing custody based on your drug use and should immediately stop doing drugs and get help for any addictions. If your spouse is doing drugs and you are not, understand that it is only one factor in many that will have a bearing on the outcome of your custody case.

Uncontested Divorce

Posted by Diane Cherry, Founder | Jun 10, 2021 | 0 Comments

Uncontested divorce lawyers are a dime a dozen in Georgia. They are everywhere. $299, $399, $499 divorces are advertised everywhere. How can that be a bad thing?? To protect yourself and your children, don't look for the cheapest lawyer; look for the best. Hire the best Georgia divorce attorney you can afford and you will be glad you did.

Justice For All

Posted by Diane Cherry, Founder | Jun 06, 2021 | 0 Comments

Hearings and trials in divorce, custody, modification and other family law cases are filed with uncertainty. Outcomes are uncertain even when you have a great case. Rarely do you get everything you ask for in a trial. Don't expect perfect justice. We have an imperfect justice system.

Timing is Everything

Posted by Diane Cherry, Founder | Jun 02, 2021 | 0 Comments

Time is money when it comes to a divorce or custody case. The longer your case drags on, the more you will pay in attorney's fees. Stay on top of lawyer to make sure your case continues to move through the court system.

Affordable Divorce

Posted by Diane Cherry, Founder | May 30, 2021 | 0 Comments

if you want an affordable divorce attorney in Georgia, do what you can to reduce unnecessary fees and expenses in your case. You not only need to hire the right lawyer from the start but you need to be efficient and mindful of how you can keep a lid on fees.

Think Outside the Square

Posted by Diane Cherry, Founder | May 28, 2021 | 0 Comments

When looking for a Marietta, Georgia family law attorney, think outside the Square. Don't limit your choices to lawyers with an office in Marietta. Your best choice may be a lawyer outside the Square who practices family law regularly in Marietta rather than limiting yourself to lawyers who have offices in Marietta.

Virgins Welcome

Posted by Diane Cherry, Founder | May 22, 2021 | 0 Comments

Never Been Divorced Before?  We cater to virgins. We know how scary it can be when you are going through a divorce and make sure your interests are protected. Solid, honest, case preparation from some of the best legal minds in Cobb County, Georgia. That's what you get at The Cherry Law Firm, P.C.

Avoiding Mediation Mistakes

Posted by Diane Cherry, Founder | May 18, 2021 | 0 Comments

In Georgia, every case has to be mediated before trial.  Don’t try to cut corners or rush to end mediation. Make sure you have a well-written, comprehensive settlement agreement addressing all issues in your case. If you reach agreement at mediation, you want to walk out the door with a binding and enforceable settlement agreement.

Commissions, Bonuses and Overtime - Oh No!!

Posted by Diane Cherry, Founder | May 16, 2021 | 0 Comments

Commissions, Bonuses and Overtime, even though intermittent, are included in income when calculating child support and alimony. Unless your income actually decreases for a sustained period of time and you can show that it wasn't through any fault of your own, your child support and alimony will be based upon your wages, including your commissions, bonuses and overtime pay.

The Problem With Little White Lies

Posted by Diane Cherry, Founder | May 04, 2021 | 0 Comments

Avoid the temptation to tell little white lies in court unless you want to come across as a liar. Judges have been there and seen it all. Judges know when someone is exaggerating the facts, distorting the truth, spinning a story to sell their case. Be honest and you will gain credibility with a Judge and get a better outcome in court.

When Your Love Runs Out of Gas...

Posted by Diane Cherry, Founder | May 02, 2021 | 0 Comments

Ever wonder where to start when your love runs out of gas? Counseling? Divorce? Private Investigator? Keystroke logger? GPS Tracking device?  Make nice or turn into a raging lunatic?   Mistakes leading up to or during a divorce are often worse than doing nothing at all.  Don't overreact.  Some marriages survive the most unimaginable horrors.  Others disintegrate over the slightest misdeeds.

Temporary Protective Orders

Posted by Diane Cherry, Founder | May 02, 2021 | 0 Comments

In Georgia, there are two types of Temporary Protective Orders, also referred to as Restraining Orders and TPOs in Georgia. A Family VIolence Protective Order protects individuals from family violence. A stalking protective order protects you from non family surveillance, harassment or intimidation. TPOs have serious implications and you should seek legal counsel immediately if a TPO has been issued against you or if you seeking a TPO against another person.

Dependency Cases in Georgia

Posted by Diane Cherry, Founder | Apr 30, 2021 | 0 Comments

Dependency cases in Georgia, formerly referred to as deprivation cases, are intended to children from abuse and neglect. Private dependency cases can be initiated by a relative, caregiver or other concerned person who files Petition with the Juvenile Court alleging that a child is being neglected, abus...

Hurry Up and Sign

Posted by Diane Cherry, Founder | Apr 28, 2021 | 0 Comments

Many people think about divorce for years before finally calling it quits.  And it is natural to want to "get it over with" as quickly as possible. Divorce is an emotionally painful, unpleasant process.  It's sad to think of an end to a relationship that you hoped would last forever.  

Alimony and Adultery

Posted by Diane Cherry, Founder | Apr 28, 2021 | 0 Comments

Adultery, alimony and absolution may sound like salacious topics for discussion but the reality is somewhat less than compelling in the post-Girls Gone Wild era. Today, adultery almost seems like a prudish and antiquated remnant leftover from Victorian England. In 2014, the significance of ad...

Grandparent Adoption in Georgia

Posted by Diane Cherry, Founder | Apr 24, 2021 | 0 Comments

Grandparents often play a vital role in the raising a child.  And in some cases, the grandparent takes over in place of a mother or father and ends up raising a grandchild. Grandparents typically step in when parents are unable or unwilling to care for the child because of death or disability.  ...

Stepparent Adoption in Georgia

Posted by Diane Cherry, Founder | Apr 24, 2021 | 0 Comments

Stepparents who take the place of an absent or deceased parent often want to "make it official" and adopt the stepchild. The first step on the road to stepparent adoption in Georgia begins with getting written consent from the other birth parent.  the birth parent will need to terminate his/he...

Amicable Divorce in Georgia

Posted by Diane Cherry, Founder | Apr 22, 2021 | 0 Comments

Tying the knot is easy.  Undoing it is hard.  We cut through the paperwork, minimize the conflict and try to make it easy. Don't let anyone tell you that you have to get down and dirty.  It only helps lawyers when you take that route.  You need complete financial disclosure.  You need a fair ...

Domestic Violence and Divorce

Posted by Diane Cherry, Founder | Apr 20, 2021 | 0 Comments

Domestic Violence is all too real and often takes place behind closed doors when no one is looking. Protect yourself and your family by filing an Ex Parte TPO in Superior Court that will be served on the perpetrator within 24-hours of obtaining the TPO. The Court will then schedule a hearing when each party will appear and have an opportunity to present evidence.

Drugs and Child Custody Don't Mix

Posted by Diane Cherry, Founder | Apr 18, 2021 | 0 Comments

 Courts take a dim view of drug usage these days.  Though legal, alcohol should not be consumed if you are in a custody battle. And while there are several states that have already legalized marijuana, it's still illegal in Georgia and will only hurt your chances of getting child custody. And the more serious drugs, such as cocaine and meth, are even more of an issue to Judges in Georgia. If you use cocaine, meth or heroin, you will likely have to have to supervised visitation, if any. Children deserve to be raised by competent, alert and attentive parents. Using mood altering substances reflects poorly on your decision making and commitment to raising healthy and balanced children. Do yourself and your children a favor and steer clear of anything that isn't 100% clean and natural during a custody case. Even CBD oil and some prescription drugs (such as pain medications and diet pills), should be avoided during a custody case unless absolutely necessary. If you can function without them, and your doctor approves, stop taking them while you are in a custody case.

Pretrial Hearings with Judges

Posted by Diane Cherry, Founder | Apr 16, 2021 | 0 Comments

Anyone who sits through a hearing in family court is likely to hear one of the parties suggest a “pretrial” with the Judge.  Many attorneys love pretrials and jump at the opportunity for a pretrial, which means they are less likely to have to present their entire case at trial. You, as a client, may object to pretrials with the Judge.

Private School Tuition after Divorce

Posted by Diane Cherry, Founder | Apr 12, 2021 | 0 Comments

Georgia laws on the payment of private school tuition costs after divorce are often in the hands of the judge. Make sure you understand how judges look at private school and clearly specify how private school costs will be paid in any Settlement Agreement and Final Order.

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Separation and divorce are often the most difficult times of a person's life. We are dedicated to representing every client with integrity, dedication, and with the understanding that you are trusting us to help resolve your divorce or family law matter as if you were a member of our family.