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.

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...

Lessons from the Battlefield

Posted by Diane Cherry, Partner | Dec 27, 2019 | 2 Comments

Last year (2014) marked the 150th anniversary of the Civil War (aka “the Sesquicentennial”). So what lessons from the Civil War that you can keep in mind when getting a divorce in Georgia?     Our nation allowed a few issues to simmer and smolder long enough to result in some rather serious irreconcilable differences.

Dividing Debt in Divorce

Posted by Diane Cherry, Partner | Dec 24, 2019 | 0 Comments

Debts Incurred During Marriage Are Considered Marital (Joint) Debt Worried that you will be stuck with all of the credit card or other debt in your name when you and your spouse divorce?  Don't lose any sleep on that account. Debts incurred during marriage have to be equitably divided regardl...

Finding the Right Divorce Lawyer

Posted by Diane Cherry, Partner | Dec 22, 2019 | 0 Comments

Don't know how to choose a divorce lawyer?  You're not alone. Many people facing divorce don't know where to begin when choosing a lawyer.  They are overwhelmed with the prospect of a divorce and feel pressured to hire someone in a hurry. Oftentimes, they select a lawyer without realizing that...

How to Testify in Court

Posted by Diane Cherry, Partner | Dec 18, 2019 | 0 Comments

A lot of work goes into preparing a case for a hearing or trial. Your testimony can make or break your case. Follow these tips to make sure you come across as believable, trustworthy and convincing.

Cut Your Legal Fees in Half

Posted by Diane Cherry, Partner | Dec 18, 2019 | 0 Comments

Lawyers aren't cheap.  But you don't need to spend a fortune for good representation. You can minimize your legal fees if you do the following: 1.  Set Clear and Realistic Goals. If you've travel 3 weeks out of each month and have never been the primary caregiver of the children, your chances...

Divorce Mediation

Posted by Diane Cherry, Partner | Dec 18, 2019 | 0 Comments

Mediations are an ideal way to settle divorce, custody and other family law cases. Mediations are required in Georgia before a final hearing or trial.  Some judges even require mediation before a temporary hearing can be scheduled. If you have a lawyer, your lawyer will help select the best med...

Easy Ways to Help Your Case

Posted by Diane Cherry, Partner | Dec 16, 2019 | 0 Comments

If you want to give yourself the best shot at trial, focus on the things in your control that you can do to make your case stronger without spending a dime.  Here are six easy ways to improve your case. You can build a strong foundation in your case even if you don't have to have a lot of money by following these tips.

Winning Divorce Strategies

Posted by Diane Cherry, Partner | Dec 16, 2019 | 0 Comments

Lawyers know to look out for the usual tricks that people play in Georgia divorces. For example, your spouse to try to convince you that he or she has your best interests at heart when negotiating a settlement agreement or that the two of you can use just one attorney. Beware of these and other tricks.

Drug Issues in Custody Cases

Posted by Diane Cherry, Partner | Dec 15, 2019 | 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 you are complaining about drugs being used by the other parent, chances are that you are also using drugs or hav...

Whatever Happened to Secret Squirrel?

Posted by Diane Cherry, Partner | Dec 13, 2019 | 0 Comments

Secret Squirrel was a favorite cartoon character who fought the enemy using cunning and a variety of spy gadgets.   Divorce and custody battles often require overcoming a variety of tricks by litigants.  Spouses sometimes try to gain leverage by falsely accusing one another of excessive drinking ...

Parental Alienation

Posted by Diane Cherry, Partner | Dec 13, 2019 | 0 Comments

Parental alienation is a dangerous form of manipulation and can permanently destroy parental bonds and leave lasting scars. If you love your children, you will not alienate them from your ex. Be kind to your children by letting them be children. Give your children the freedom to enjoy their childhood free of the chaos of your divorce and they will be healthier and happier children.

Delay Tactics in Divorce

Posted by Diane Cherry, Partner | Dec 13, 2019 | 0 Comments

Lawyers, clients and judges can, and sometimes do, intentionally delay cases. The Lawyer, the Client or the Judge? Some lawyers are known for moving cases along; others are known for dragging them out.  If you're not sure what kind of lawyer you have, check with the clerk of clerk where most of...

Do You Need a Divorce Lawyer?

Posted by Diane Cherry, Partner | Dec 12, 2019 | 0 Comments

Not sure if you even need a lawyer? Many people believe that they do not need to hire a lawyer if they are getting an uncontested divorce. That's simply not true. You need to protect yourself and be fully informed of your rights whether your divorce is contested or uncontested.

Courtroom Do's & Dont's

Posted by Diane Cherry, Partner | Dec 12, 2019 | 0 Comments

We live in a casual society. Many people wear shorts or jeans to church, work from home and rarely put on a jacket and tie. Does that mean you can dress down for court? Only if you are seeking to offend the Judge, which in general is not a good idea. If you have a court case in Geor...

Temporary Hearings

Posted by Diane Cherry, Partner | Dec 12, 2019 | 0 Comments

If you are hoping to be able to tell the Judge your life story, you are in for a surprise. Judges often will not allow more than four hours for a Temporary Hearing in a divorce or custody case.  That's four hours total, from beginning to end, not four hours per party.   The case that is presente...

Should You Rush to File?

Posted by Diane Cherry, Partner | Dec 11, 2019 | 0 Comments

Many people have been led to believe there is an advantage to filing a divorce complaint first. That's not the case. The difference in being the party who files for divorce and being the party is who is served with divorce papers is negligible and one thing you needn't worry about.

Should You Move Out or Stay?

Posted by Diane Cherry, Partner | Dec 11, 2019 | 0 Comments

If you are in the middle of a divorce in Georiga, should you move out or stay in the marital home? Many people assume they need to stay in the marital home to protect their property interst in the home and furnishings.  Not so in Georgia.  You don't need to stay in the marital home.  You can mov...

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