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.

Private School Tuition after Divorce

Posted by Diane Cherry | Mar 31, 2015 | 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.

Georgia Parenting Plans

Posted by Diane Cherry | Mar 22, 2015 | 0 Comments

If you and your spouse have children and are getting a divorce in Georgia, you will need to file a Parenting Plan and keep in these essentials to make it easy on both you and your children: Don't Separate Tie-Breaking Authority; Birthdays are for the Children; Be Careful with a Right of First Refusal; and Avoid Daily Phone Calls.

Affordable Divorce

Posted by Diane Cherry | Mar 21, 2015 | 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.

Temporary Protective Orders

Posted by Diane Cherry | Mar 21, 2015 | 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.

Think Outside the Square

Posted by Diane Cherry | Mar 20, 2015 | 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.

Divorce Lawyers for Men

Posted by Diane Cherry | Mar 18, 2015 | 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.

Uncontested Divorce

Posted by Diane Cherry | Mar 15, 2015 | 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.

Avoiding Mediation Mistakes

Posted by Diane Cherry | Jun 13, 2014 | 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.

Lessons from the Battlefield

Posted by Diane Cherry | Jun 12, 2014 | 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.

Don't Drink the Kool-Aide!

Posted by Diane Cherry | Jun 12, 2014 | 0 Comments

Don't fool yourself into thinking you are perfect and your spouse is wrong about everything. Being honest, forthright and self-critical will do you more good than pretending you are perfect.

Is Your Divorce Uncontested?

Posted by Diane Cherry | Feb 28, 2014 | 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...

Pretrial Hearings with Judges

Posted by Diane Cherry | Feb 26, 2014 | 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.

Alimony and Adultery

Posted by Diane Cherry | Feb 12, 2014 | 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...

Winning Divorce Strategies

Posted by Diane Cherry | Feb 08, 2014 | 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.

Georgia Financial Affidavits

Posted by Diane Cherry | Feb 08, 2014 | 0 Comments

Who Needs to Complete a Domestic Relations Financial Affidavit? If you are a party to a family law case, such as divorce, custody, child support, alimony or modification case, you will need to complete a Domestic Relations Financial Affidavit (sometimes referred to as a “DRFA”). What is a Domes...

Cut Your Legal Fees in Half

Posted by Diane Cherry | Feb 04, 2014 | 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...

Life After Divorce

Posted by Diane Cherry | Feb 04, 2014 | 0 Comments

Don't be Afraid to Reach out to Professionals for Advice. Many people are intimidated when starting over following a divorce. That's the time to reach out to professionals for their expert advice.

Finding the Right Divorce Lawyer

Posted by Diane Cherry | Feb 04, 2014 | 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...

Dividing Debt in Divorce

Posted by Diane Cherry | Feb 04, 2014 | 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...

Changing Divorce Lawyers

Posted by Diane Cherry | Feb 04, 2014 | 0 Comments

If you think are thinking of getting a new divorce lawyer to replace your current lawyer, you may be in for a tough road ahead. Find out when change is a good idea and when it isn't.

Georgia Child Custody

Posted by Diane Cherry | Feb 04, 2014 | 0 Comments

If you are in a custody case, prepare for battle… Custody cases are no picnic.  They tend to bring out the worst in people and they are very difficult on children, who oftentimes feel like they are caught in the middle. Before you take the plunge, think about the following: 1. Conduct counts. ...

Delay Tactics in Divorce

Posted by Diane Cherry | Feb 04, 2014 | 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...

Temporary Hearings

Posted by Diane Cherry | Feb 04, 2014 | 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...

Is Your Judge Biased?

Posted by Diane Cherry | Feb 04, 2014 | 0 Comments

How to Deal with a Biased Judge. For starters, let's assume all judges are biased.  Like everyone else, judges have a lifetime of experiences, beliefs, feelings and leanings. They can't help it.  They aren't blank canvases. For the most part, judges try to be fair and impartial but they are hum...

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