Marietta and Metro Atlanta Divorce and Family Law Blog

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.

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, 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...

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.  

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...

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.  ...

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...

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 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.

 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.

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.

The new normal in divorce cases is to conduct hearings virtually--either by Zoom or Webex.

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.

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.

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.

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. ...

Custody is one of the first issues to arise in divorce cases but is often misunderstood. If you are involved in a child custody case, here are five things you need to know.

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...

Quickie Divorces are much over rated. Take the time to think through all of the ramifications of divorce to get the best outcome for yourself.

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.

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...

Engagement rings in Georgia divorces are usually viewed as gifts and not marital property. in Georgia, gifts, such as enagegement rings are retained by the recipient who received the ring.

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...

In a divorce, you have to work hard to make sure all of your social media communications will help you, not hurt you in court. To avoid angering judges, always be courteous, mature, polite and diplomatic in your communications with your spouse.

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...