Atlanta, Marietta and Kennesaw 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.

Drugs and Child Custody Don't Mix

Posted by Diane Cherry, Partner | Aug 07, 2020 | 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.

Domestic Violence and Divorce

Posted by Diane Cherry, Partner | Aug 05, 2020 | 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.

Amicable Divorce in Georgia

Posted by Diane Cherry, Partner | Jul 29, 2020 | 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 ...

Stepparent Adoption in Georgia

Posted by Diane Cherry, Partner | Jul 27, 2020 | 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...

Hurry Up and Sign

Posted by Diane Cherry, Partner | Jul 22, 2020 | 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.  

Dependency Cases in Georgia

Posted by Diane Cherry, Partner | Jul 20, 2020 | 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...

When Your Love Runs Out of Gas...

Posted by Diane Cherry, Partner | Jul 18, 2020 | 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.

Alcohol and Divorce in Georgia

Posted by Diane Cherry, Partner | Jul 16, 2020 | 0 Comments

Many people enjoy a glass or wine, couple of beers or mixed drink as a daily form of relaxation after a day of work.  While many people think of such drinking as innocent, such drinking can often become the centerpiece in a divorce.   Beware that even innocent social drinking can be exaggerated to appear as a significant drinking problem that causes issues in a divorce. Avoid all alcohol and do not go to bars or other venues where people are drinking during your divorce.

Grandparent Adoption in Georgia

Posted by Diane Cherry, Partner | Jul 12, 2020 | 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.  ...

Alimony and Adultery

Posted by Diane Cherry, Partner | Mar 11, 2020 | 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...

Temporary Protective Orders

Posted by Diane Cherry, Partner | Feb 21, 2020 | 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.

The Problem With Little White Lies

Posted by Diane Cherry, Partner | Feb 01, 2020 | 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.

Virgins Welcome

Posted by Diane Cherry, Partner | Jan 20, 2020 | 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, Partner | Jan 17, 2020 | 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.

Rolling the Dice

Posted by Diane Cherry, Partner | Jan 14, 2020 | 0 Comments

Divorce and custody trials are a form of legalized gambling. Trials involve tremendous cost and come with enormous risk. Work on preparing your case for mediation and you will be more likely to settle some or all of your divorce or custody case.

Divorce Lawyers for Men

Posted by Diane Cherry, Partner | Jan 14, 2020 | 0 Comments

The best Georgia lawyer for your divorce doesn't have to specialize in representing only men. The truth is, the best divorce lawyers are equally qualified and able to represent both men and women. Top divorce lawyers in Georgia typically acquire their skills by representing a broad range of clients of both sexes.

Is Your Divorce Uncontested?

Posted by Diane Cherry, Partner | Jan 13, 2020 | 0 Comments

Everyone knows divorces can be contested or uncontested. If husband and wife are in agreement that they want to be divorced, is it uncontested?  Not unless they can agree on 100% of the issues. The mere fact that you agree on getting a divorce doesn't make your divorce uncontested. If you do...

Think Outside the Square

Posted by Diane Cherry, Partner | Jan 08, 2020 | 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.

Affordable Divorce

Posted by Diane Cherry, Partner | Jan 06, 2020 | 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.

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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.