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2025-2026 Updates to Georgia Child Custody Laws: What Families Need to Know

Wed, 15 Apr 2026 19:18:14 GMT

Staying informed about changes in child custody laws is crucial for families navigating custody arrangements and support obligations. The Cherry Law Firm remains committed to guiding families through these legal updates to ensure the well-being of all parties involved.

Key Changes Affecting Custodial Parents

Updated Custody Guidelines

As of now, there have been no specific changes announced to the custody guidelines themselves for the 2025-2026 period. However, it's essential for custodial parents to stay vigilant and consult with legal professionals to understand any future modifications that may impact their rights and responsibilities.

Financial Considerations for Custodial Parents

Significant updates have been made to Georgia's child support laws that affect financial obligations:

Basic Child Support Obligation (BCSO) Table: Starting July 1, 2024, Georgia has rolled out an updated Basic Child Support Obligation (BCSO) table, which may affect how child support amounts are calculated. The BCSO table is a key component in determining financial support obligations, as it outlines the base level of child support based on the combined incomes of both parents and the number of children. This revision aims to reflect current economic data, such as changes in cost-of-living expenses, to ensure more accurate and equitable support calculations. Parents involved in child support cases should review the updated table to understand how these changes might impact their financial responsibilities. For more details or assistance, consult legal resources or family law professionals familiar with Georgia's child support guidelines.
Low-Income Adjustment: Starting January 1, 2026, a mandatory low-income adjustment will replace the previous discretionary deviation. This change aims to standardize support obligations for low-income parents, ensuring a fairer distribution of financial responsibilities.

Custodial parents should review their current support arrangements and consult with legal counsel to prepare for these changes.

Key Changes Affecting Noncustodial Parents

Parenting Time Adjustments

A notable development is the introduction of a mandatory parenting time adjustment.

Implementation Date: Effective January 1, 2026, this adjustment will account for the actual time a child spends with each parent when calculating child support obligations.
Benefits: This change ensures that child support payments more accurately reflect each parent's involvement in childcare, potentially reducing the financial burden on noncustodial parents who maintain significant parenting time.

Support Payment Adjustments

In addition to the parenting time adjustment, other modifications may impact support payments:

Veterans' Benefits: Benefits received by disabled veterans for their children will now be considered in child support calculations, potentially reducing the amount veterans are required to pay.

Noncustodial parents should consult with legal professionals to understand how these changes may affect their obligations and ensure compliance with the new rules.

Planning for the Future

The Importance of Reviewing Your Custody Agreement

Given these updates, it's advisable for both custodial and noncustodial parents to revisit their custody and support agreements:

Compliance: Ensuring that agreements align with the new laws is essential to avoid potential legal disputes.
Legal Assistance: Attorneys can provide valuable guidance in adapting agreements to comply with the updated regulations, safeguarding the interests of both parents and children.

How The Cherry Law Firm Can Help You

The Cherry Law Firm offers comprehensive services to assist clients in adapting to these custody and support updates:

Consultations: We provide personalized legal advice tailored to your unique situation.
Agreement Reviews : Our team can assess and modify your current custody and support agreements to ensure compliance with the new laws.
Dispute Resolution : We offer mediation and litigation services to address any conflicts that may arise during this transition.

To navigate these changes confidently, we encourage you to schedule a consultation with the child custody attorneys at the Cherry Law Firm. Our experienced attorneys are dedicated to protecting your interests and guiding you through this evolving legal landscape.

What Are Visitation Rights

Fri, 23 Jan 2026 05:18:45 GMT

Visitation rights refer to the legal entitlement of a non-custodial parent or another individual to spend time with a child, typically in cases of divorce, separation, or when parents are not living together. These rights are established by court order or agreement between the parties involved and outline the specific terms and conditions under which visitation may occur.

Eligibility for Visitation

Non-custodial parents are typically granted visitation rights, referring to the parent without primary physical custody of the child. However, visitation rights can extend to grandparents, stepparents, or other individuals with significant relationships with the child, depending on jurisdictional laws and individual circumstances.

Purpose in Family Law

The paramount objective of visitation rights is to nurture and sustain the child's relationship with both parents or other significant figures post-separation or divorce. Facilitating meaningful contact and bonding opportunities contributes to the child's emotional well-being and holistic development. Moreover, visitation rights underscore the importance of shared parenting responsibilities and continued involvement in the child's life despite parental conflicts or marital dissolution.

Types of Visitation Arrangements.

When establishing visitation arrangements, various options exist to accommodate the unique needs of families. These arrangements encompass different levels of structure and supervision to ensure the well-being of the child. Here are some common types:

Scheduled Visitation: Predetermined dates and times for visitation are outlined in court orders or agreements, typically including weekends, holidays, or other specified times.
Reasonable Visitation: Offers flexibility as visitation occurs without fixed dates and times, suitable for cooperative parents who can communicate effectively.
Supervised Visitation: Ordered when concerns about child safety arise, involving visitation under the supervision of a neutral third party or in supervised visitation centers.
Virtual Visitation: Utilizes technology to maintain contact between non-custodial parents and their children through video calls, emails, or other digital means, especially when physical visitation is impractical.

Adjusting Visitation Rights

Modifications to visitation rights may be necessary due to changes in the child's needs or circumstances, parental relocation, or shifts in work schedules. To pursue modifications, petitioning the court is essential, demonstrating significant changes warranting adjustments while prioritizing the child's safety and stability.

Factors Influencing Visitation Rights

Child's Best Interests: Courts prioritize the child's well-being, considering their age, emotional and physical needs, relationship with each parent, and any special requirements.
Parental Fitness: Evaluation of each parent's ability to provide a nurturing environment, considering factors like history of abuse, substance abuse, mental health, and capacity to meet the child's needs.
Parental Involvement: Assessing the level of bonding and involvement between the child and each parent, emphasizing the importance of fostering relationships and encouraging parental cooperation.

Take Action with Cherry Law Firm

Navigating visitation rights can be complex, but you don't have to do it alone. At Cherry Law Firm, we specialize in family law and are committed to safeguarding your rights and preserving family relationships. Reach out to our team of experienced family lawyers today to explore how we can assist you in protecting your Georgia visitation rights and maintaining a meaningful relationship with your child. Don't hesitate to visit our website for more information and take the first step towards securing your rights.

What is a Postnuptial Agreement?

Fri, 23 Jan 2026 05:14:43 GMT

A postnuptial agreement, often referred to as a "postnup," is a legally binding contract entered into by a married couple after they have already tied the knot. A postnuptial agreement is similar to a prenuptial agreement, but it is created and executed after the marriage has already taken place. This agreement outlines the rights and responsibilities of each spouse regarding the division of assets, debts, and financial matters in the event of a divorce or death.

Key Provisions in a Postnuptial Agreement

Like a prenuptial agreement, a well-drafted postnuptial agreement typically addresses the following aspects:

Division of Assets and Debts: The agreement outlines how assets, such as real estate, investments, and businesses, as well as debts, will be divided between the spouses in the event of a divorce or death.
Spousal Support (Alimony): The postnup can establish the terms and conditions for spousal support, including whether it will be paid, the amount, and the duration.
Separate and Marital Property: The agreement defines which assets and debts are considered separate property (belonging to one spouse before the marriage) and which are marital property (acquired during the marriage).
Financial Responsibilities: Postnuptial agreements can outline the financial responsibilities of each spouse during the marriage, such as contributing to household expenses or maintaining separate finances.
Estate Planning: The agreement may address estate planning matters, such as the distribution of assets and inheritance rights in the event of one spouse's death.

There are several reasons why a married couple may choose to create a postnuptial agreement, including:

Reasons for Creating a Postnuptial Agreement

Changes in Financial Circumstances: A significant change in the financial situation of one or both spouses, such as receiving an inheritance, starting a business, or acquiring substantial assets, may prompt the need for a postnuptial agreement.
Clarifying Expectations: As time passes and circumstances change, a postnuptial agreement can help clarify the expectations and responsibilities of each spouse, reducing the potential for future conflicts and disputes.
Protecting Assets: Much like a prenuptial agreement, a postnuptial agreement can protect the individual assets and financial interests of each spouse, particularly in cases of significant wealth or family businesses.
Addressing Existing Conflicts: If a couple is experiencing marital difficulties or conflicts related to financial matters, a postnuptial agreement can help resolve these issues and provide a clear path forward.

Your Georgia Postnuptial Agreement Lawyer

At The Cherry Law Firm, our experienced family attorneys understand the complexities involved in drafting and negotiating postnuptial agreements in Georgia. We provide personalized legal guidance and representation to ensure that your interests are protected and that the agreement accurately reflects your wishes and financial circumstances.

Our team will work closely with you and your spouse to understand your unique situation, identify potential risks and opportunities, and craft a comprehensive postnuptial agreement that addresses all relevant issues. We also ensure that the agreement complies with all applicable state laws and regulations. Contact us today to schedule a consultation and learn more about this important agreement.

What is Marital Property?

Fri, 23 Jan 2026 05:09:43 GMT

Definition of Marital Property

When a couple decides to dissolve their marriage through divorce, one of the critical aspects that needs to be addressed is the division of marital property. Marital property refers to any assets, debts, or property acquired by either spouse during the marriage. Understanding what constitutes marital property and how it is divided can be a complex process, but one that is essential for a fair and equitable settlement.

Marital property encompasses all assets and debts acquired by either spouse from the date of their marriage until the date of their legal separation or divorce filing. This includes, but is not limited to:

Real estate (homes, land, rental properties)
Vehicles
Bank accounts and investments
Retirement accounts (pensions, 401(k)s, IRAs)
Businesses and professional practices
Furniture and household items
Collectibles and artwork
Debts (mortgages, loans, credit card balances)

It's important to note that marital property is distinct from separate property, which refers to assets and debts owned by either spouse before the marriage or acquired through inheritance or gifts during the marriage.

Division of Marital Property

The division of marital property is governed by state laws, which vary in their approach. Most states follow the principle of equitable distribution, which aims to divide marital property fairly and equitably, taking into account factors such as the length of the marriage, each spouse's financial contributions, and the future financial needs of each party.

Other states follow the community property principle, which generally means that all marital property is divided equally between the spouses, regardless of who acquired it or how it was acquired.

Factors Influencing Property Division

When determining how to divide marital property, courts may consider various factors, including:

Length of the marriage: Longer marriages generally result in a more equal division of marital property.
Financial contributions: The court may consider each spouse's financial contributions, such as income, inheritance, or gifts received during the marriage.
Non-financial contributions: Contributions like caring for the home or children, or supporting the other spouse's career, may also be taken into account.
Future financial needs: The court may consider each spouse's future earning potential, age, health, and ability to acquire assets in the future.
Misconduct: In some cases, the court may consider any misconduct, such as adultery or financial mismanagement, when dividing marital property.

Georgia's Trusted Partner in Marital Property Division

At The Cherry Law Firm, our experienced divorce attorneys understand the complexities involved in identifying and dividing marital property during a divorce. We are dedicated to providing personalized legal guidance and representation to protect your rights and ensure a fair and equitable distribution of assets and debts.

Our team will work tirelessly to identify and value all marital property, including complex assets such as businesses, professional practices, and investment portfolios. We will also ensure that separate property is properly identified and protected. Contact us today to schedule a consultation and learn how we secure your fair share of marital assets.

What is a Prenuptial Agreement?

Fri, 23 Jan 2026 05:04:13 GMT

A prenuptial agreement, commonly referred to as a "prenup," is a legally binding contract entered into by two individuals before they get married. This agreement outlines the rights and responsibilities of each party regarding the division of assets, debts, and financial matters in the event of a divorce or death. This contract provides a clear understanding and documentation of each party's rights and obligations, helping to avoid potential conflicts and disputes in the future.

The Process of Creating a Prenuptial Agreement

The process of creating a prenuptial agreement typically involves the following steps:

Initial Consultation: Each party should consult with their respective attorneys to discuss their individual goals, concerns, and financial situations. This initial consultation helps the attorneys understand the client's needs and begin drafting the agreement.
Financial Disclosure: Both parties must fully disclose their assets, liabilities, income, and financial obligations. This ensures transparency and helps to create a fair and equitable agreement.
Negotiation and Drafting: The attorneys for each party will negotiate the terms of the agreement, taking into account the couple's specific circumstances and desires. Once the terms are agreed upon, the attorneys will draft the prenuptial agreement.
Review and Revisions: Both parties and their attorneys will review the draft agreement carefully, ensuring that it accurately reflects their intentions and protects their interests. Any necessary revisions or modifications will be made during this stage.
Execution: Once the final version of the prenuptial agreement is approved by both parties, it must be signed and properly executed following state laws. This may involve having the agreement notarized or witnessed by a certain number of individuals.
Implementation: After the prenuptial agreement is executed, it becomes a legally binding contract. Both parties must comply with the terms outlined in the agreement, should the marriage end in divorce or the event of one spouse's death.

It's important to note that the process of creating a prenuptial agreement should begin well in advance of the wedding date, typically several months beforehand. This allows sufficient time for negotiations, revisions, and proper execution of the agreement.

Key Provisions in a Prenuptial Agreement

A well-drafted prenuptial agreement typically addresses the following aspects:

Division of Assets and Debts: The agreement outlines how assets, such as real estate, investments, and businesses, as well as debts, will be divided between the spouses in the event of a divorce or death.
Spousal Support (Alimony): The prenup can establish the terms and conditions for spousal support, including whether it will be paid, the amount, and the duration.
Separate and Marital Property: The agreement defines which assets and debts are considered separate property (belonging to one spouse before the marriage) and which are marital property (acquired during the marriage).
Financial Responsibilities: Prenuptial agreements can outline the financial responsibilities of each spouse during the marriage, such as contributing to household expenses or maintaining separate finances.
Estate Planning: The agreement may address estate planning matters, such as the distribution of assets and inheritance rights in the event of one spouse's death.

Benefits of a Prenuptial Agreement

A prenuptial agreement can provide several benefits, including:

Protection of Assets: It protects the individual assets and financial interests of each spouse, particularly in cases of significant wealth, family businesses, or inheritance.
Clarity and Transparency: The agreement establishes clear expectations and understanding between the parties, reducing the potential for future conflicts and disputes.
Privacy and Control: A prenup allows couples to maintain privacy and control over their financial affairs, rather than having a court determine the division of assets and debts.
Avoidance of Costly Litigation: By addressing potential issues upfront, a prenuptial agreement can help avoid costly and time-consuming litigation in the event of a divorce.

Trust The Cherry Law Firm with your Georgia Prenuptial Agreement

At The Cherry Law Firm, our experienced attorneys understand the complexities involved in drafting and negotiating prenuptial agreements in Georgia. We provide personalized legal guidance and representation to ensure that your interests are protected and that the agreement accurately reflects your wishes and financial circumstances.

Our team will work closely with you to understand your unique situation, identify potential risks and opportunities, and craft a comprehensive prenuptial agreement that addresses all relevant issues. We also ensure that the agreement complies with all applicable Georgia laws and regulations. Contact us today to schedule a consultation and take the first step toward protecting your future.

What is Modification of Custody Agreement

Fri, 23 Jan 2026 04:52:13 GMT

When Can a Custody Agreement Be Modified?

Modification of custody agreement means the terms of an existing child custody agreement are changed or updated. This process is crucial for many families as it allows them to adapt to new circumstances and ensure that the child's best interests are always prioritized. At The Cherry Law Office, we understand the complexities of this process and strive to provide our clients with the knowledge and support they need to navigate these changes successfully.

Central to the mediation process is the mediator, a trained professional skilled in conflict resolution techniques. The mediator serves as a neutral facilitator, guiding the parties through structured discussions while maintaining impartiality. Their role involves clarifying issues, managing emotions, and encouraging productive dialogue. By promoting understanding and cooperation, the mediator assists parties in reaching resolutions that address underlying concerns and promote long-term agreement.

Key Principles of Mediation

A custody agreement can be modified when there is a significant change in circumstances that affects the child's well-being. Some common reasons for seeking a modification include:

Relocation of one parent.
Changes in the child's needs or preferences.
Alterations in the parents' work schedules or living conditions.
Concerns about the child's safety or health in the current custody arrangement.

The Process of Modifying a Custody Agreement

The process for modifying a custody agreement varies by jurisdiction but generally involves the following steps:

Petition for Modification: The parent seeking the change must file a petition with the court that originally issued the custody order.
Evidence of Changed Circumstances: The petitioner must provide evidence of the significant changes that warrant the modification.
Best Interest Analysis: The court will evaluate whether the proposed modification serves the best interest of the child, considering various factors related to the child's welfare.
Court Decision: After reviewing the evidence and conducting a hearing, the court will decide whether to approve the modification.

How The Cherry Law Office Can Help

At The Cherry Law Office, our experienced family law attorneys are dedicated to helping families navigate the complexities of custody modifications. We understand that each family's situation is unique, which is why we provide personalized legal guidance to protect your rights and ensure the well-being of your children. Whether you're seeking to modify a custody agreement or contest a proposed change, our team is here to support you every step of the way. With The Cherry Law Office by your side, you'll have a steadfast ally throughout this journey, ensuring that your voice is heard and your rights are protected at every turn.

It's important to note that minor disagreements between parents are typically not sufficient grounds for a modification.

What is Mediation

Fri, 23 Jan 2026 04:47:42 GMT

The Role of the Mediator

Mediation is a voluntary method of dispute resolution facilitated by a neutral third party, known as a mediator. Unlike litigation, where a judge imposes a decision, and where a third party renders a binding decision, mediation empowers parties to actively participate in crafting mutually acceptable solutions. This collaborative process aims to foster communication, identify common interests, and reach agreements tailored to the specific needs of the parties involved.

Key Principles of Mediation

Mediation operates on several foundational principles designed to promote fairness, efficiency, and effectiveness:

Voluntary Participation: Mediation is a consensual process, with parties voluntarily choosing to engage in discussions to resolve their disputes.
Confidentiality: Confidentiality is a cornerstone of mediation, ensuring that discussions and information shared during the process remain private and cannot be disclosed in subsequent legal proceedings.
Impartiality: Mediators remain impartial and unbiased, refraining from taking sides or advocating for any party's interests.
Self-Determination: Parties retain control over the outcome of mediation, making informed decisions based on their own needs and interests.
Flexibility: Mediation offers a flexible framework, allowing parties to explore creative solutions tailored to their unique circumstances.

Benefits of Mediation

Mediation offers multiple advantages over traditional litigation, including:

Cost-Effectiveness: Mediation typically incurs lower expenses compared to litigation, as it requires fewer formal procedures and less time spent in court.
Time Efficiency: Mediation often produces faster resolutions than lengthy court proceedings, enabling parties to promptly address their disputes and move forward.
Preserve Relationships: By fostering open communication and collaborative problem-solving, mediation helps preserve relationships between parties, making it particularly beneficial in disputes involving ongoing interactions or business relationships.
Customized Solutions: Mediation empowers parties to design solutions that meet their specific needs and interests, promoting greater satisfaction with the outcome.

Mediate With The Cherry Law Firm

Mediation serves as a valuable tool for resolving conflicts collaboratively and constructively. By embracing the principles of voluntary participation, confidentiality, impartiality, self-determination, and flexibility, parties can leverage mediation to achieve timely, cost-effective, and mutually satisfying resolutions. At The Cherry Law Firm, we recognize the significance of mediation in modern legal practice and are committed to assisting clients in navigating this process to effectively address their disputes.

What is High Asset Divorce

Fri, 16 Jan 2026 22:22:50 GMT

Challenges Faced in High Asset Divorce

Divorce is a challenging and emotionally exhausting process, but when substantial assets are involved, it can become even more complex. High-asset divorce refers to the termination of marriage between individuals with significant financial holdings. In these cases, assets such as real estate, investments, businesses, and valuable personal property are at stake, requiring specialized legal expertise to navigate the intricacies of asset division.

Several challenges arise in high-asset divorce cases, including:

Asset Valuation : Determining the value of diverse assets accurately is crucial for equitable distribution. This process may involve hiring financial experts, appraisers, and forensic accountants to assess the value of businesses, real estate, artwork, and other assets.
Complex Financial Structures : High net-worth individuals often have intricate financial arrangements, such as family trusts, partnerships, and corporate holdings. Untangling these structures requires in-depth knowledge of financial laws and regulations.
Spousal Support and Alimony : In high-asset divorces, determining fair spousal support or alimony can be complicated. Factors such as the lifestyle during the marriage, the earning capacities of both spouses and future financial needs come into play.
Privacy Concerns : Wealthy individuals may seek to maintain their privacy throughout the divorce process. Strategies to protect confidentiality while adhering to legal requirements are essential.
Business Ownership : When one or both spouses own businesses, dividing ownership interests and determining the business's value can be particularly complex. The future viability of the business and its role in supporting each spouse's financial needs must be considered.

The Importance of Legal Representation

Given the complexities of high-asset divorce, seeking legal representation is necessary. An experienced family law attorney specializing in high-net-worth divorces can provide invaluable guidance and advocacy throughout the process. They can:

Protect Your Interests : An attorney will work to protect your financial interests and ensure a fair division of assets.
Navigate Legal Complexities : High-asset divorces involve intricate legal issues, such as tax implications, asset tracing, and business valuation. A skilled attorney can navigate these complexities effectively.
Negotiate Settlements : Through skilled negotiation, an attorney can help reach favorable settlements that prioritize your financial well-being.
Litigate if Necessary : In cases where an amicable resolution is not possible, an attorney can represent you in court, advocating for your rights and interests before a judge.

Settle Your High Asset Divorce With The Cherry Law Firm

High-asset divorce presents unique challenges requiring specialized legal expertise. By understanding the complexities involved and securing competent legal representation, individuals can navigate the process with confidence, ensuring a fair resolution of their financial affairs. At The Cherry Law Firm, we are committed to providing comprehensive legal support to clients facing high-asset divorces, guiding them through every step of the process with integrity and diligence.

What Is Family Law?

Fri, 16 Jan 2026 22:19:52 GMT

The Importance of Family Law

Family law plays a pivotal role in protecting the rights, relationships, and well-being of individuals and families. It provides a framework for resolving disputes, protecting vulnerable parties, and establishing legal boundaries for important life events. By addressing issues such as divorce, child custody, and support, family law helps families navigate transitions while minimizing conflict and confusion. Family law serves as a cornerstone of societal stability, reinforcing the fundamental values of fairness, justice, and the best interests of the child.

Family law is a multifaceted legal area that deals with matters about family relationships. It deals with a wide range of issues, including marriage, divorce, child custody, adoption, and domestic violence. At The Cherry Law Firm, we understand the complexities of family law and provide compassionate and effective representation to our clients who are navigating these challenging situations.

Types of Family Law

Family law encompasses a broad spectrum of legal issues, each with its unique challenges and considerations. At The Cherry Law Firm, we provide comprehensive legal services in various areas of family law, including:

Divorce and Separation : Guiding clients through the emotionally challenging process of divorce or separation, addressing matters such as property division, child custody, and spousal support with sensitivity and efficiency.
Child Custody and Visitation : Advocating for the best interests of children in custody and visitation disputes, striving to reach civil agreements while fiercely protecting the rights of our clients and their children.
Child Support : Assisting clients in establishing fair and reasonable child support arrangements that prioritize the well-being of the child while ensuring financial stability for both parents.
Adoption : Facilitating the adoption process, whether through agency adoptions, stepparent adoptions, or other avenues, helping families navigate the legal requirements and complexities involved in welcoming a new member into their family.
Prenuptial and Postnuptial Agreements : Drafting enforceable agreements that protect the assets and interests of individuals entering into marriage or seeking to clarify financial arrangements during their marriage.
Domestic Violence and Protective Orders : Providing compassionate legal representation to victims of domestic violence, seeking protective orders to ensure their safety and security.

Why Hire a Family Lawyer?

Navigating the complexities of family law without professional guidance can be overwhelming and risky. Hiring a skilled family lawyer from The Cherry Law Firm offers numerous advantages:

Legal Expertise : Our attorneys possess in-depth knowledge of family law statutes, precedents, and procedures, enabling us to offer strategic legal guidance tailored to the unique circumstances of each case.
Emotional Support : Family law matters often involve intense emotions and personal challenges. Our compassionate attorneys provide empathetic support, guiding clients through difficult decisions with care and understanding.
Negotiation Skills : Resolving family law disputes often requires negotiation and compromise. Our lawyers are expert negotiators who strive to reach favorable outcomes through constructive dialogue and mediation whenever possible.
Courtroom Advocacy : In cases where litigation becomes necessary, our attorneys are intimidating advocates in the courtroom, presenting compelling arguments and advocating vigorously for our clients' rights and interests.
Efficiency and Timeliness : Family law matters can be time-sensitive, requiring quick action to protect rights and interests. The Cherry Law Firm prioritizes efficiency and timeliness, working diligently to achieve swift resolutions for our clients.

Navigate Family Law With The Cherry Law Firm

Family law is a cornerstone of our legal system, addressing critical issues that impact individuals and families on a profound level. At The Cherry Law Firm, we are committed to providing exceptional legal representation in all areas of family law, empowering our clients to navigate challenges with confidence and clarity. If you are facing a family law issue, we invite you to contact us today to schedule a consultation and learn how we can assist you on your legal journey.

Domestic Violence

Fri, 16 Jan 2026 22:15:59 GMT

Understanding Domestic Violence

Domestic violence summarizes a range of abusive behaviors perpetrated by one individual against another within the confines of a domestic setting. This guide seeks to unpack the nature of domestic violence, shedding light on its characteristics, the forms it can take, and its profound impact on victims, families, and communities.

At its core, domestic violence is an exertion of control, power, and intimidation by one person over another. It transcends the boundaries of age, race, gender, sexual orientation, and socioeconomic status, making it a universal issue that demands a distinct understanding and a committed response.

Forms of Domestic Violence

Domestic violence manifests in various forms, each carrying its own set of challenges and consequences for the victim:

Physical Abuse: Involves physical harm or the threat thereof.
Emotional/Psychological Abuse: Involves attempts to undermine the victim's sense of self-worth or emotional well-being.
Sexual Abuse: Involves forcing a partner to engage in sexual acts without their consent.
Financial Abuse: The abuser exerts control by restricting the victim's access to financial resources.
Stalking and Cyberstalking: Persistently following, monitoring, and harassing a victim.

Impact of Domestic Violence

The effects of domestic violence are profoundly deep and far-reaching, casting long shadows over the physical, mental, and emotional well-being of victims. This form of abuse does more than inflict physical harm—it can lead to severe psychological turmoil, including anxiety, depression, and post-traumatic stress disorder (PTSD). Such conditions can linger long after the physical scars have healed, often requiring extensive support and therapy to overcome.

The impact of domestic violence extends far beyond the individuals directly involved. Children who witness or experience this violence carry emotional and psychological scars into their futures, affecting their development, education, and relationships. Family members caught in the crossfire are forced to grapple with their traumas. At the same time, communities suffer from the ripple effects—strained healthcare systems, legal battles, and a pervasive culture of fear and silence. This cycle of violence and trauma, deeply embedded within families, can tragically perpetuate through generations, emphasizing the urgent need for intervention and support systems that can break these chains of abuse and offer paths to healing and resilience.

Seeking Help and Support

Recognizing the signs of domestic violence is the first step toward intervention and support. It's crucial for victims to know that they are not alone and that help is available. Various resources, including hotlines, shelters, and legal assistance, provide lifelines to those in need.

The Cherry Law Firm is committed to offering compassionate and comprehensive support to individuals facing domestic violence, guiding them through the legal avenues available to protect their rights and well-being.

Get Justice with The Cherry Law Office Today

Domestic violence is a grave societal issue that demands attention, understanding, and action. By educating ourselves and others about its dynamics and effects, we can contribute to creating a safer, more supportive environment for victims and their families. Remember, taking a stand against domestic violence begins with recognizing its signs and offering a helping hand to those in need. Together, we can make a difference in the lives of countless individuals and communities affected by this pervasive issue.

What is Child Custody

Fri, 16 Jan 2026 22:12:20 GMT

Navigating through family law matters can be a complex and emotionally charged experience, especially when it involves the most precious part of the family: the children. At The Cherry Law Firm, we are dedicated to guiding families through these transitions with compassion and expertise.

Child custody encompasses the legal and practical relationship between a parent or guardian and a child, including the right to make decisions for the child and the responsibility to care for them. This term becomes particularly significant in the context of divorce, separation, or disputes between unmarried parents.

Custody is broadly categorized into two types: physical custody and legal custody.

Physical Custody: Dictates where the child will live and is concerned with the day-to-day care of the child. It can be awarded solely to one parent or jointly to both parents, allowing the child to divide their time between two homes.
Legal Custody: Grants the right to make significant decisions about the child's life, including their education, health care, and religious upbringing. This too can be awarded solely or jointly, empowering both parents to have an equal say in these crucial decisions, irrespective of where the child resides.

The Best Interest of the Child

The cornerstone of all custody decisions is the child's best interest. Courts look into various factors to ascertain what arrangement will most beneficially serve the child's health, safety, and welfare. Considerations include the child's age, the emotional ties between the child and each parent, each parent's ability to cater to the child's needs, and any history of family violence or substance abuse. While older children might express a preference for living with one parent over the other, it's important to remember that these wishes may be considered but are not the final decision. The court's primary objective remains the child's best interests.

The Dynamic Nature of Custody Arrangements

Custody arrangements are not set in stone. As families evolve and circumstances change, modifications to the custody agreement may become necessary. This need could stem from a variety of circumstances, such as one parent moving to a new location, shifts in a parent's capacity to offer adequate care, or other substantial life changes that could affect the well-being of the child. It's important for parents to understand that the law allows for these custody arrangements to be revisited and adjusted in accordance with the evolving needs of the family, always with the child's best interests at heart.

The Cherry Law Office Is Here for Your Child Custody Needs

At The Cherry Law Office, we understand the intricacies and emotional complexities of child custody matters. We aim to support and represent our clients through these challenging times with sensitivity and legal awareness. Whether you're navigating divorce, establishing paternity and custody rights, or seeking to modify an existing custody order, our team is committed to advocating for your rights and the well-being of your children. Child custody is more than just a legal issue; it's about ensuring the best possible future for your children. At The Cherry Law Office, we're dedicated to providing our clients with the clarity, support, and expertise they need to navigate these decisions confidently.

Contempt of Court

Fri, 16 Jan 2026 22:08:27 GMT

Contempt of court is a crucial legal concept that ensures the integrity of judicial proceedings and upholds the authority of the judiciary. It refers to any action that demonstrates disrespect, disobedience, or disregard for the authority and dignity of the court. This can entail a wide range of behaviors, from disrupting court proceedings to disobeying court orders.

What Is Contempt of Court

Types of Contempt

Contempt of court can be broadly categorized into two types: civil contempt and criminal contempt.

Civil Contempt

Civil contempt occurs when an individual fails to comply with a court order or judgment that benefits a private party or litigant. This can include failure to pay child support, refusal to adhere to a restraining order, or failure to produce requested documents. The primary purpose of civil contempt is to coerce compliance with the court's order or to compensate the aggrieved party for damages suffered.

Criminal Contempt

Criminal contempt involves actions that directly undermine the authority or dignity of the court itself. This can include disrespectful behavior towards the judge, disrupting court proceedings, or disobeying a court order issued for the benefit of the public, such as a subpoena. Unlike civil contempt, which seeks to compel compliance, criminal contempt is punitive and can result in fines or imprisonment.

Consequences of Contempt

The consequences of contempt of court can vary depending on the jurisdiction and severity of the offense. Some common consequences include:

Fines: Individuals found in contempt of court may be ordered to pay fines as a penalty for their actions. The amount of the fine can vary based on the nature and severity of the contemptuous behavior.
Imprisonment: In cases of serious contempt, such as willful disobedience of a court order or blatant disrespect towards the judiciary, the court may order imprisonment as a disciplinary measure. The length of imprisonment can range from a few days to several months, depending on the circumstances.
Compensation: In cases of civil contempt, the court may order compensation to the aggrieved party for any damages suffered as a result of the contemptuous behavior. This can include reimbursement for financial losses or other forms of restitution.

Impact on Legal Proceedings

Contempt of court can have significant implications for legal proceedings, including:

Delay of Justice: This behavior can disrupt court proceedings and delay the administration of justice, impacting both parties involved in the case and the court's schedule.
Loss of Credibility: Individuals found in contempt of court may face reputational damage and loss of credibility within the legal community, which can have long-term consequences for their professional and personal lives.
Compromised Fairness: Disdainful behavior undermines the fairness and impartiality of the judicial process, corrupting public trust in the legal system and jeopardizing the integrity of court decisions.

Navigate Contempt of Court with The Cherry Law Firm's Assistance

Contempt of court is a serious matter that is essential for maintaining the integrity and authority of the judicial system. Understanding the types and consequences of contempt is crucial for all individuals involved in legal proceedings to ensure compliance with court orders and uphold the principles of justice and fairness.

The Cherry Law Firm is committed to upholding these principles and providing expert legal representation for individuals facing contempt of court charges. Our experienced attorneys have a deep understanding of contempt laws and can provide effective defense strategies tailored to each client's unique case. Contact us today for a consultation to protect your rights and navigate the complexities of contempt of court.

What is an Annulment?

Fri, 16 Jan 2026 22:04:57 GMT

Annulment refers to a legal process that declares a marriage null and void, as if it never existed, rendering both parties legally single. Unlike divorce, which terminates a valid marriage, annulment retroactively erases the marriage, often due to specific legal grounds that existed at the time of the union.

Eligibility for Annulment

Annulment is typically sought under certain circumstances that invalidate a marriage from its inception. Grounds for annulment vary by jurisdiction but commonly include instances of fraud, bigamy, incest, mental incapacity, or non-consummation of the marriage.

Purpose and Implications in Family Law

The primary objective of annulment in family law is to dissolve marriages that are legally defective or voidable. By nullifying the marriage, both parties are relieved from the legal obligations and consequences associated with marriage, such as property division, spousal support, and inheritance rights.

Varieties of Annulment

Annulments can occur under different circumstances, leading to distinct categories such as void marriages, voidable marriages, and religious annulments.

Void Marriages: Refers to marriages that are considered invalid from the outset due to legal impediments such as bigamy, incest, or lack of legal capacity to marry.
Voidable Marriages: Occur when a marriage is valid but can be annulled based on specific grounds, such as fraud, coercion, or mental incapacity, upon petition by one of the spouses.
Religious Annulments: Some religious institutions offer annulments based on religious laws or doctrines, which may have separate requirements and consequences from civil annulments.

Effectuating Annulment

To obtain an annulment, individuals must file a petition with the court, providing evidence supporting the grounds for annulment. The process involves legal proceedings similar to those of divorce, including hearings, negotiations, and potential mediation to resolve any disputed issues.

Factors Influencing Annulment Proceedings

Several factors can influence the outcome of annulment proceedings, including the validity of the grounds cited, the presentation of evidence, and spousal cooperation. This section examines the key factors that courts consider when determining whether to grant an annulment and how they impact the overall process.

Legal Grounds: The court evaluates the validity of the grounds cited for annulment, considering whether they meet the legal criteria for nullifying the marriage.
Evidence: The presentation of evidence substantiating the claims for annulment, such as documentation, witness testimony, or expert opinions, plays a crucial role in the outcome of annulment proceedings.
Spousal Cooperation: The willingness of both spouses to cooperate with the annulment process can expedite proceedings and minimize conflicts, although contested annulments may necessitate litigation.

The Top Representation with Cherry Law Firm

Navigating annulment proceedings can be intricate, but you don't have to navigate them alone. At Cherry Law Firm, our experienced family law attorneys specialize in annulment cases and are dedicated to protecting your rights and guiding you through the legal process. Contact us today to schedule a consultation and take the first step toward resolving your annulment matter. Visit our website for additional resources and information tailored to your specific situation.

What is Alimony

Fri, 16 Jan 2026 22:00:28 GMT

Alimony, also known as spousal support, is a legal obligation for one spouse to provide financial assistance to the other after a divorce or legal separation. It is designed to help the financially disadvantaged spouse maintain a reasonable standard of living that is comparable to the lifestyle they enjoyed during the marriage. Alimony payments are separate from child support and are intended solely for the benefit of the receiving spouse.

Impact of Alimony on Separation and Divorce

Alimony is an important consideration in both legal separations and divorces, providing financial support to the spouse with a lower income or earning potential. During separation, temporary spousal support may be ordered to maintain both parties' standard of living while the divorce is pending. In a divorce, alimony is commonly awarded as part of the final decree.

The overarching goal of alimony is to help the financially disadvantaged spouse maintain a reasonable post-divorce lifestyle comparable to that of the marriage. However, alimony determinations are highly case-specific. The particular circumstances, such as lost career opportunities or future income projections, significantly influence the court's decision. Whether facing separation or divorce, skilled legal representation like ours at The Cherry Law Firm is crucial to protecting one's rights and advocating for a fair alimony outcome that accounts for the unique variables in each situation.

Determining Alimony

The determination of alimony is a complex process that takes into account several factors, including:

Length of the marriage: Longer marriages generally result in higher alimony awards.
Earning capacity and financial resources: The court will consider the income, assets, and earning potential of each spouse.
Standard of living during the marriage: Alimony aims to help the recipient spouse maintain a similar standard of living as during the marriage.
Age and health of the parties: Older or physically or mentally impaired spouses may receive more alimony.
Contributions to the marriage: Non-financial contributions, such as caring for the home and children, may be taken into account.

Future Potential Income

Courts may also consider the future potential income and earning capacity of each spouse when determining alimony awards. This factor is especially relevant when one spouse has sacrificed their career or educational opportunities to support the other spouse's endeavors or care for the family. The court may award higher alimony to compensate for lost opportunities and help the disadvantaged spouse achieve financial independence based on their future earning potential after re-entering the workforce and obtaining additional education or training.

Assessing future potential income involves some speculation, relying on expert testimony, vocational evaluations, and evidence of past earning history. At The Cherry Law Firm, our attorneys have extensive experience presenting compelling arguments and evidence related to future earning capacity. We collaborate closely with financial experts and vocational evaluators to build a strong case that accurately reflects the long-term financial prospects of each spouse. Our goal is to secure an equitable alimony award considering not just current finances, but the future earning potential of both parties.

The Cherry Law Firm: Your Georgia Alimony Lawyer

At TheCherry Law Firm, our experienced alimony attorneys understand the complexities of alimony and the impact it can have on your divorce or separation agreement. We are dedicated to providing personalized legal guidance and representation to protect your rights and interests throughout the process.

Our team of experts will carefully analyze your unique circumstances and work tirelessly to ensure that any alimony award is fair and equitable. We will advocate for your best interests, whether you are seeking alimony or defending against an excessive claim. With our comprehensive knowledge of family law and our commitment to client satisfaction, The Cherry Law Firm is your trusted partner in navigating the intricate legal landscape of alimony. Contact us today and secure your financial future.

What is Adoption

Fri, 16 Jan 2026 21:50:11 GMT

Adoption is the legal process of permanently transferring parental rights and responsibilities from one person or couple to another. It is often a loving and selfless decision made by birth parents and adoptive parents to provide a child with a stable and nurturing family.

Adoption is more than just a legal process—it's a heartfelt journey towards bringing a new member into your family. At The Cherry Law Office, we're passionate about helping families navigate this path with knowledge, support, and compassion. Here's what you need to know about the adoption process and how we can assist you every step of the way.

The Heart of Adoption

Adoption creates lifelong connections by legally bringing a child into your family who is not biologically related to you. It's a significant decision that involves various forms of adoption, such as adopting a newborn, welcoming a child from foster care, adopting from another country, or becoming the legal parent of a stepchild. Each route has its unique steps, laws, and emotional journeys.

Navigating the Legal Journey

The road to adoption includes several legal milestones, from selecting the right type of adoption for your family to completing a home study that evaluates your living situation and readiness to raise a child. Once you're approved, the search for a child who matches your family begins. After finding a match, there are legal steps to finalize the adoption, including obtaining consent and attending a court hearing.

At The Cherry Law Office, we're here to guide you through these legal steps with care and expertise. Our team is dedicated to ensuring that every legal detail is addressed, focusing on what's best for both the child and you as the adoptive parents.

Supporting Your Emotional Journey

Beyond the legal aspects, adoption is an emotional adventure. Future parents may encounter challenges such as navigating the waiting period, understanding the child's background, and fostering a deep bond with the child. It's also crucial to prepare for the child's needs, especially if they're from a different cultural background or have experienced trauma.

At The Cherry Law Office, we go beyond legal assistance, by providing resources and connections to counseling services to support your family's emotional well-being.

Why Adoption?

Some families adopt because they are unable to have biological children, others feel called to offer a child in need a loving home, and some wish to grow their families in this special way. Whatever your reason, adoption is a rewarding path to parenthood, offering a child love, security, and new opportunities.

Partner with The Cherry Law Office

At The Cherry Law Office, we take pride in supporting families through their adoption journey with empathy, professionalism, and deep legal expertise. Our team of adoption attorneys is committed to simplifying the adoption process, ensuring you feel supported and informed from our first meeting to the finalization of your adoption. We're here to address your questions and tailor our services to meet your family's unique needs.

Adoption is a beautiful and complex journey. With the right support, it can be one of the most fulfilling experiences of your life. Let The Cherry Law Office guide and support you on this remarkable path to growing your family.

Divorce Considerations for Business Owners

Mon, 08 Sep 2025 16:36:17 GMT

The Unique Challenges of Divorce for Business Owners

Divorce is always complex, but when one or both spouses own a business, the stakes are even higher. Business ownership raises unique financial, legal, and emotional challenges that require careful planning and strong legal guidance. From dividing assets to valuing the company, protecting the future of the business while reaching a fair settlement is no small task.

At the Cherry Law Firm, our attorneys understand the intricacies of high-net-worth cases and business ownership disputes. Whether you run a small family-owned company or a larger enterprise, we can help you navigate the road ahead.

Business Valuation Determining the true value of a business is often one of the most contested issues. Factors such as revenue, debts, goodwill, and market conditions all play a role. A proper valuation ensures that marital property is divided fairly.
Commingled Assets Many business owners use both marital and non-marital funds in their companies. This can make it difficult to determine what portion of the business is subject to division. Skilled legal guidance is critical in tracing assets and protecting ownership rights.
Income Determination Business owners often have more flexibility in reporting income. Courts will closely examine financial records to ensure support and property division are based on accurate figures.
Protecting the Business Itself A business is not just an asset—it's also a livelihood. In many divorces, keeping the company operational and financially stable is a top priority, requiring careful negotiation.

Options for Dividing Business Interests

Buyout Agreements : One spouse purchases the other's interest.
Co-Ownership : Both spouses continue to own the business, though this can be challenging.
Sale of the Business : The business is sold, and proceeds are divided.

Each option has tax, financial, and emotional implications. The right choice depends on the business structure, each spouse's goals, and long-term financial planning.

Divorce Later in Life for Business Owners

For business owners approaching retirement, divorce can be even more complicated. Issues such as succession planning, retirement accounts, and division of long-held business assets must be carefully addressed. Learn more about these unique challenges in our guide on gray divorce .

Why You Need an Experienced Attorney

Divorce involving business ownership requires more than just family law knowledge—it demands an understanding of valuation methods, financial documentation, and long-term planning. Working with a high asset divorce lawyer ensures that your rights are protected and that the outcome is both fair and sustainable.

Contact the Cherry Law Firm Today

If you are a business owner considering divorce, it's important to protect both your financial future and your company. At the Cherry Law Firm , we have extensive experience handling high-asset cases involving complex property division, business ownership, and retirement planning. Contact us today to discuss your options and secure the guidance you need during this critical time.

Ultimate Guide to Prenuptial Law

Tue, 06 Aug 2024 20:26:20 GMT

Why Consider a Prenuptial Agreement?

Marriage is a beautiful commitment, but it’s also a legal and financial partnership. While many couples focus on the wedding day, it’s equally important to plan for the future. A prenuptial agreement, or "prenup," is a practical tool that provides clarity, transparency, and protection for both partners.

At The Cherry Law Firm, we believe a well-crafted prenup can strengthen your relationship by fostering open communication and setting clear expectations. Let’s explore what a prenup is, why it’s beneficial, and how to create one.

What Is a Prenuptial Agreement?

Assets and Debts : Details each partner’s financial situation, including property, investments, and liabilities.
Property Rights : Specifies how assets and debts will be managed during the marriage and divided in the event of a divorce.
Spousal Support : Includes provisions for alimony or financial arrangements, if applicable.

By addressing these matters upfront, a prenup provides peace of mind and ensures both partners are on the same page regarding financial matters.

Why Should You Consider a Prenup?

There are several reasons why couples might choose to create a prenuptial agreement:

If one or both partners have significant assets, a prenup can safeguard their interests.

1. Asset Protection

2. Debt Allocation

A prenup can specify who is responsible for debts incurred before or during the marriage, preventing financial surprises.

3. Business Interests

For business owners, a prenup can protect the business from being divided in a divorce.

4. Clarity and Transparency

Discussing finances openly encourages trust and strengthens the relationship.

5. Avoiding Litigation

With clear terms outlined in a prenup, couples can avoid lengthy and costly court battles in the event of a divorce.

The Role of a Mediation Lawyer

A prenuptial agreement isn’t just about protecting assets—it’s about ensuring fairness and fostering collaboration. This is where a skilled mediation lawyer becomes essential.

Facilitate open and respectful communication between partners.
Help negotiate terms that are fair and mutually beneficial.
Create a positive, less adversarial environment, setting the tone for a strong and respectful marriage.

At The Cherry Law Firm, our mediation lawyers:

Steps to Creating a Prenuptial Agreement

Creating a prenup involves several key steps to ensure it is fair, enforceable, and tailored to your needs:

Both partners should consult with their own family lawyer to understand their rights and obligations.

1. Consultation

Transparency is critical. Both parties must disclose all assets, liabilities, income, and expenses.

2. Full Financial Disclosure

3. Negotiation

With the help of a mediation lawyer, couples negotiate the terms of the agreement to ensure fairness and mutual satisfaction.

4. Drafting

The lawyers draft the agreement, outlining all agreed-upon terms in detail.

5. Review

Each partner’s lawyer reviews the draft to ensure it meets legal requirements and protects their client’s interests.

6. Signing

Once both parties are satisfied, the agreement is signed and notarized, making it legally binding.

Common Misconceptions About Prenups

1. Prenups Are Only for the Wealthy

While high-net-worth individuals often use prenups, they benefit anyone by providing clarity and protection, regardless of financial status.

On the contrary, a prenup fosters trust by encouraging open communication and honesty about finances.

2. Prenups Indicate a Lack of Trust

3. Prenups Are Always Enforced

Not all prenups hold up in court. For a prenup to be enforceable, it must be fair, entered into voluntarily, and meet all legal requirements.

The Cherry Law Firm’s Approach to Prenuptial Agreements

At The Cherry Law Firm, we take a personalized approach to prenuptial agreements. Here’s what you can expect:

Expert Guidance : Our experienced attorneys guide you through every step of the process, ensuring all aspects are covered.
Tailored Solutions : We understand that every couple’s situation is unique, and we customize agreements to meet your specific needs.
Comprehensive Support : Our team includes top-rated family lawyers and skilled mediation lawyers, providing a full-service approach that prioritizes fairness and clarity.

Secure Your Future with The Cherry Law Firm

A prenuptial agreement is more than just a legal document—it’s a tool for building a strong foundation for your marriage. By collaborating with The Cherry Law Firm, you can create a fair and mutually beneficial agreement that protects the interests of both partners.

Contact us today to learn more about how we can help you navigate the prenup process with confidence and clarity. With our expert guidance, you can secure your future and focus on building a happy, lasting marriage.

Ultimate Guide to Adoption Legalities: The Path to Expanding Your Family

Mon, 15 Jul 2024 20:19:13 GMT

Expanding your family through adoption is a journey filled with love, hope, and the promise of a brighter future. However, it’s also a process that involves navigating intricate legalities. With the right guidance, adoption can become a smooth and rewarding experience.

At The Cherry Law Firm, we understand the importance of having a knowledgeable Georgia adoption lawyer by your side. This guide will walk you through the legal aspects of adoption in Georgia, empowering you to take the next steps toward realizing your dream of parenthood.

Understanding Adoption in Georgia

Adoption is a legal process that creates a parent-child relationship between individuals who are not biologically related. In Georgia, adoption laws are designed to protect the best interests of the child while ensuring that prospective parents meet all legal requirements.

Whether you’re pursuing domestic, international, stepparent, or relative adoption, consulting with an experienced adoption lawyer is essential to understanding your rights and responsibilities.

The Role of a Family Lawyer in Adoption

A skilled family lawyer specializing in adoption law is an invaluable partner in your adoption journey. Here’s how they can help:

Legal Guidance : They’ll explain the adoption process, requirements, and your legal rights.
Document Preparation : From adoption petitions to home study facilitation, your lawyer ensures all paperwork is accurate and complete.
Court Representation : They’ll represent you in court proceedings, advocating for your case and ensuring compliance with Georgia adoption laws.

At The Cherry Law Firm, our team is dedicated to helping families navigate the complexities of adoption, ensuring a smooth and successful outcome for all parties involved.

Types of Adoption in Georgia

Georgia recognizes several types of adoption, each with unique requirements and procedures:

1. Domestic Adoption

What It Is : Adopting a child born in the United States.
Process : Typically facilitated through adoption agencies, attorneys, or private arrangements.
Requirements : Prospective parents must complete background checks, home studies, and court hearings in compliance with Georgia adoption laws.

What It Is : Adopting a child from another country.
Complexities : Requires compliance with both Georgia laws and the child’s country of origin, including immigration procedures and cultural considerations.
Why You Need a Lawyer : An experienced adoption attorney can help navigate the legal and logistical challenges of international adoption.

2. International Adoption

3. Stepparent Adoption

What It Is : A stepparent legally adopts their spouse’s child.
Requirements : Consent from both biological parents is typically required unless one parent’s rights have been terminated.
Benefits : Provides legal recognition of the parent-child relationship and secures the child’s inheritance rights.

4. Relative Adoption (Kinship Adoption)

What It Is : A relative, such as a grandparent, aunt, uncle, or sibling, adopts a child.
Purpose : Offers stability and continuity for the child, especially in cases where parental rights have been terminated or the child needs a permanent home.

Navigating Georgia Adoption Laws

Georgia adoption laws outline the legal requirements and procedures for adopting a child, including:

Eligibility Criteria : Who can adopt and under what circumstances.
Consent Requirements : Ensuring proper consent is obtained from biological parents or legal guardians.
Adoption Petitions : Filing the necessary legal documents to initiate the adoption process.
Home Studies : Evaluating the prospective parents’ home environment and readiness for adoption.
Finalization Hearings : The court process to legally finalize the adoption.

Understanding and complying with these laws is critical to ensuring a smooth and legally sound adoption process. An adoption lawyer can provide the guidance and representation you need to navigate these requirements effectively.

Why Choose The Cherry Law Firm for Your Adoption Journey?

At The Cherry Law Firm, we are committed to making your adoption journey as seamless and rewarding as possible. Here’s what sets us apart:

Expertise : Our team has extensive experience in Georgia adoption law, ensuring that every detail is handled with precision.
Compassion : We understand the emotional significance of adoption and provide empathetic support throughout the process.
Advocacy : We work tirelessly to protect your rights and the best interests of the child, guiding you every step of the way.

The Bottom Line

Adoption is a life-changing journey that requires careful planning and expert legal guidance. By understanding the different types of adoption and the legalities involved, you can take confident steps toward expanding your family.

Contact The Cherry Law Firm today to learn more about how we can support you in your adoption journey. With our expertise and dedication, we’ll help you navigate the complexities of adoption and make your dream of parenthood a reality.

Co-Parenting After Divorce: Strategies for Success

Wed, 26 Jun 2024 20:09:19 GMT

Successful co-parenting after divorce requires a concerted effort to put aside personal differences and prioritize the needs of the children. This blog aims to explore effective strategies that can facilitate a smoother transition into co-parenting after divorce, ensuring that both parents play an active, positive role in their children's lives despite the changes brought about by divorce. The expertise and experience of a family lawyer like those at The Cherry Law Firm can help parents reach fair and amicable agreements, ensuring the best interests of their children. Recognizing the importance of co parenting is the first step toward fostering an environment where co parenting after divorce leads to healthier outcomes for everyone involved.

What Is Co-Parenting?

Co-parenting after divorce is the collaborative effort between parents to raise their children together, despite no longer being romantically involved. This approach is distinct from parallel parenting, where divorced parents independently make decisions and minimize direct communication, often due to high-conflict situations. Co-parenting requires consistent communication and cooperation to ensure that children's needs are met across both households.

The benefits of successful co-parenting after divorce are substantial, particularly regarding children's emotional and psychological well-being. Effective co-parenting provides a stable environment, reduces the stress of divorce on children, and models positive conflict resolution. Children who see their parents working together amicably are more likely to learn valuable cooperation and problem-solving skills, leading to healthier social and emotional development. , When navigated thoughtfully, divorce and co-parenting can mitigate the potential negative impacts of divorce, ensuring children feel secure, loved, and prioritized by both parents.

Establishing a Positive Co-Parenting Partnership

Establishing a positive co-parenting partnership after divorce is foundational to navigating the complexities of raising children across two households. Central to this partnership is the principle that effective communication and clear boundaries are non-negotiable elements for success in co-parenting after divorce.

Communication is Key

The importance of maintaining open, honest, and respectful communication cannot be overstated in co parenting after divorce. It paves the way for both parents to discuss and resolve issues concerning their children's welfare constructively. To enhance communication you should regularly schedule updates to discuss everything from daily routines to significant events in the children's lives and employ technology, such as co-parenting apps and shared calendars, to streamline communication and keep both parents informed. Utilizing these tools can minimize misunderstandings and ensure both parents are aligned on decisions affecting their children.

Setting Boundaries

Equally important to successful divorce and co-parenting is the establishment of clear boundaries and rules across households. This isn't about creating division but rather about providing consistency and security for the children involved. Establishing boundaries around communication times, parenting roles, and visitation schedules helps manage expectations and significantly reduces conflicts. When both parents understand and respect these agreed-upon boundaries, it fosters a co-parenting environment where children can thrive despite the changes brought by divorce.

Dealing with Conflict

Constructive management of disagreements is essential in co-parenting after divorce. Effective strategies include engaging in active listening, expressing needs and concerns calmly without assigning blame, and seeking compromise. It's crucial to resolve conflicts away from the children, as involving them or exposing them to disputes can lead to emotional distress.

Adjusting to Changes

Divorce and co-parenting often involve significant life changes, including introducing new partners, relocation, or changes in parenting schedules. Handling these adjustments requires open communication and a willingness to revisit and modify the co-parenting plan as necessary to accommodate the evolving needs of the children. Flexibility and empathy towards each other's situations can ease transitions, ensuring that the children continue to feel secure and supported.

By prioritizing effective communication and setting boundaries, parents navigating co-parenting after divorce can create a stable, supportive, and positive environment for their children.

Supporting Your Children Through the Transition

Encouraging Open Communication

Supporting children through the transition of co-parenting after divorce is essential to their emotional well-being. Here are strategies to help parents ensure their children feel secure, loved, and heard during this significant change.

Parents can encourage open communication by actively listening to their children's concerns and validating their feelings. Establish regular check-ins to talk about how they're adjusting, making it clear that all emotions are valid and important. This approach helps children process their feelings and demonstrates that their voices are valued in the family dynamic.

Maintaining Consistency

Routine and predictability play a critical role in helping children adjust to the changes brought by divorce and co-parenting. Strive to maintain consistency in daily routines, rules, and discipline across both households. This stability is comforting to children and can significantly ease their transition.

Reassurance of Unconditional Love

One of the most important messages that children need to hear during and after the divorce process is that their parents' love for them remains unchanged. Regularly reassure your children that the divorce is not their fault and that they are loved unconditionally by both parents. This reassurance can mitigate feelings of blame or insecurity, reinforcing that, although the family structure may change, parental love and support are constant.

By focusing on these strategies, parents navigating co-parenting after divorce can provide vital support to their children, helping them feel understood, secure, and loved throughout the transition.

Let The Cherry Law Firm Support Your Co-Parenting Plans

Whether it's drafting a comprehensive co-parenting plan, managing conflicts, or adjusting to new family dynamics, challenges are part of the process. In such instances, seeking professional guidance can make a significant difference. The Cherry Law Firm specializes in providing empathetic and expert advice on divorce and co-parenting issues. Our team of family law professionals is here to support you in creating effective co-parenting arrangements that prioritize your children's well-being. Trust The Cherry Law Firm, the best high-asset divorce attorney , to support co-parenting and any other family law matters, ensuring a smoother path for your family moving forward.

Why You Need A Specialized High Asset Attorney When The Stakes Are High

Wed, 29 May 2024 21:33:47 GMT

The Complexity of High-Asset Divorce

Divorce is never easy, but when significant financial assets are involved, the stakes—and the complexity—rise exponentially. High-asset divorces often include intricate financial portfolios, business interests, and property holdings that require specialized legal expertise to navigate.

In these cases, a standard approach simply won’t suffice. You need a specialized high-asset divorce attorney who can protect your interests, ensure accurate asset valuation, and guide you through the complexities of dividing significant wealth.

Understanding High-Asset Cases

High-asset cases involve disputes where substantial financial assets are at stake, such as:

High-Asset Divorce Proceedings
Business Ownership Controversies
Extensive Real Estate Portfolios
Sophisticated Investment Structures

These cases often include both liquid assets (e.g., stocks, bonds, marketable securities) and more complex assets (e.g., international properties, business ventures).

Unique Challenges in High-Asset Cases

Valuation Disputes : Determining the fair market value of diverse assets often requires expert witnesses and advanced valuation methods.
Hidden Assets : One party may attempt to conceal wealth, necessitating detailed investigations and forensic accounting.
Tax Implications : Mishandling the division of assets can lead to significant tax consequences.

These challenges highlight the need for specialized legal expertise to navigate the intricate dynamics of high-asset cases.

Key Benefits of Hiring a Specialized High-Asset Attorney

1. Precision in Asset Valuation

Accurate asset valuation is critical in high-asset cases, especially for assets with fluctuating market values.

Specialized attorneys collaborate with financial experts to ensure precise appraisals.
This prevents under- or over-valuations that could lead to unfair settlements or prolonged disputes.

2. Strategic Legal Planning

High-asset cases require tailored legal strategies that address their unique complexities.

Specialized attorneys use forensic accounting and investigative techniques to uncover hidden assets.
They develop comprehensive strategies to represent the full financial landscape, enabling informed decision-making and effective negotiations.

3. Protecting Your Interests

In high-stakes scenarios, protecting your interests goes beyond securing a fair division of assets.

Specialized attorneys guard against unfair claims and mitigate risks related to financial disclosures and liabilities.
They ensure that assets with limited liquidity are divided equitably, shielding clients from potential legal and financial repercussions.

4. Efficient Resolution and Dispute Avoidance

Specialized attorneys are skilled in dispute resolution techniques that save time, resources, and emotional strain.

By anticipating common pitfalls and addressing them proactively, they can often resolve cases without court intervention.
This strategic foresight minimizes the duration and cost of legal proceedings while positioning clients for favorable outcomes.

Resolve Your High-Asset Divorce with The Cherry Law Firm

Navigating a high-asset divorce requires more than just legal representation—it demands a partner who understands the profound complexities of your situation.

At The Cherry Law Firm, we specialize in handling high-stakes cases with:

Precision : Ensuring accurate asset valuation and fair settlements.
Expertise : Addressing the unique challenges of high-asset divorces, from hidden assets to tax implications.
Strategic Planning : Developing tailored approaches to protect your interests and secure your future.

Whether you’re valuing significant assets, negotiating settlements, or litigating complex disputes, our team of experienced family lawyers is here to guide you every step of the way.

The Bottom Line

When the stakes are high, you need more than representation—you need protection. The Cherry Law Firm is committed to providing the expertise, precision, and strategic planning necessary to navigate high-asset divorces and other complex financial disputes.

Contact us today for expert guidance and representation in your high-asset case. With The Cherry Law Firm by your side, you can move forward with confidence, knowing your interests are safeguarded every step of the way.

Types of Alimony: Exploring Different Financial Support Options

Wed, 24 Apr 2024 21:27:56 GMT

Understanding Alimony in Divorce

Navigating the financial complexities of divorce can be overwhelming, especially when it comes to alimony, or spousal support. Whether you’re facing a high-asset divorce or a more straightforward separation, understanding the different types of alimony is essential to making informed decisions about your financial future.

At The Cherry Law Firm, we recognize that every case is unique. Our experienced team is skilled at handling a wide range of scenarios, from simple separations to complex divorces involving intricate financial portfolios. Here’s a guide to the various types of alimony and how they may apply to your situation.

Temporary alimony is awarded for a limited period to support a spouse during the divorce proceedings.

1. Temporary Alimony

Purpose : To help the lower-earning spouse maintain their standard of living while the divorce is being finalized.
Key Benefit : Provides financial stability and peace of mind during a tumultuous time.

Permanent alimony extends beyond the finalization of the divorce decree.

2. Permanent Alimony

Purpose : To support a spouse who may be unable to become self-sufficient due to age, disability, or other significant factors.
Key Considerations :
Becoming less common but still awarded in specific cases.
Requires a thorough evaluation of both parties’ financial circumstances and future earning potential.

3. Rehabilitative Alimony

Rehabilitative alimony is designed to help a spouse become self-sufficient.

Purpose : To provide financial support while the recipient acquires education, training, or work experience.
Relevance : Often awarded when one spouse has put their career on hold to support the other’s career or care for the family.
Goal : Ensures fairness and opportunity for both parties post-divorce.

4. Periodic Alimony

Periodic alimony is the most common form of alimony in Georgia divorces.

Structure : A specific sum of money paid monthly for a limited number of years.
Flexibility :
Can be terminated or modified under certain circumstances, such as remarriage or cohabitation of the receiving spouse.
Acknowledges the financial sacrifices made by one spouse to support the other’s career or earning potential.

5. Lump-Sum Alimony

Lump-sum alimony involves a one-time payment or a series of fixed payments.

Purpose : Provides a clean break, avoiding the need for ongoing payments.
Key Benefits :
Cannot be modified, offering certainty and finality.
Often preferred in high-asset divorces where liquidating marital assets is more straightforward than estimating future needs.

How Alimony Is Determined in Georgia

In Georgia, alimony is based on financial necessity and considers several factors, including:

The length of the marriage.
The standard of living established during the marriage.
Each spouse’s financial resources.
Contributions to the marriage, both financial and non-financial.

These factors ensure that alimony decisions are fair and tailored to the unique circumstances of each case.

Why Choose The Cherry Law Firm?

At The Cherry Law Firm, we are committed to providing personalized, compassionate, and effective legal representation. Here’s how we can help:

Expert Guidance : Our attorneys understand the nuances of alimony laws and work diligently to protect your financial rights.
Tailored Solutions : We assess your unique situation to recommend the most appropriate form of alimony.
Comprehensive Support : Whether you’re seeking temporary support during separation or negotiating a fair settlement in a high-asset divorce, we’re here to guide you every step of the way.

The Bottom Line

Alimony is a vital component of divorce proceedings that requires careful consideration and expert legal guidance. By understanding the different types of alimony and their implications, you can make informed decisions about your financial future.

With The Cherry Law Firm’s experienced high-asset divorce attorneys by your side, you can navigate the challenges of spousal support with confidence. Let us help you transition into the next chapter of your life as smoothly as possible.

Contact The Cherry Law Firm today to learn more about how we can assist you with your alimony and divorce needs.

How Mediation Can Simplify Your Divorce

Wed, 20 Mar 2024 21:22:53 GMT

Navigating Divorce Through Mediation

Divorce can feel overwhelming, but mediation offers a path to a smoother, less adversarial resolution. At The Cherry Law Firm in Marietta, GA, we provide compassionate and skilled mediation services tailored to the unique needs of each client. Our experienced divorce attorneys and mediators are committed to helping you navigate this challenging time with dignity, respect, and a focus on positive outcomes.

What Is Mediation in Divorce?

Division of assets and debts
Child custody and parenting plans
Spousal support

Mediation is a collaborative process where a neutral third party, the mediator, helps both spouses negotiate the terms of their divorce. This process addresses all aspects of separation, including:

Unlike traditional litigation, mediation fosters open communication and mutual respect, allowing couples to work together to find solutions that reflect the best interests of everyone involved.

Why Choose The Cherry Law Firm for Mediation?

At The Cherry Law Firm, we understand the emotional and legal complexities of divorce. Here’s what sets us apart:

Experienced Mediators: Our team is trained to facilitate constructive dialogue and guide discussions toward fair and sustainable agreements.
Compassionate Approach: We prioritize confidentiality and empathy, minimizing the emotional strain of divorce.
Tailored Solutions: We take the time to understand your unique situation, ensuring that the outcomes are personalized and equitable.

Our reputation in Marietta, GA, is built on trust, expertise, and a commitment to delivering exceptional mediation services.

The Benefits of Mediation Over Litigation

Mediation offers several advantages compared to traditional courtroom battles:

Flexibility: Mediation allows for more timely resolutions, free from the constraints of rigid court schedules.
Cost Savings: By reducing the need for court appearances and prolonged litigation, mediation is often more affordable.
Amicable Environment: Mediation fosters collaboration, making it easier for both parties to express their needs and concerns openly.
Preserving Relationships: The cooperative nature of mediation is particularly beneficial for co-parenting, helping couples maintain a respectful relationship post-divorce.

The Mediation Process at The Cherry Law Firm

Our mediation process is designed to simplify and streamline your divorce:

Initial Consultation: We assess your case to determine if mediation is the right approach.
Preparation: Our attorneys prepare you for mediation by drafting necessary documents in advance, minimizing time spent reviewing paperwork during sessions.
Guided Discussions: Each session builds on previous progress, with the mediator steering discussions toward equitable solutions.
Comprehensive Agreement: The ultimate goal is to reach a full agreement covering all aspects of the divorce, from financial settlements to parenting plans.

Success Stories from The Cherry Law Firm

We take pride in our extensive track record of successful mediation outcomes. Our clients in Marietta, GA, consistently express gratitude for our supportive and empathetic approach, which transforms potentially adversarial situations into opportunities for growth and mutual respect.

Our focus is not just on reaching agreements but on facilitating a process that respects the emotional journey of our clients, ensuring that the final resolution is both fair and healing.

Simplify Your Divorce with The Cherry Law Firm

Choosing The Cherry Law Firm for mediation means trusting a team that values peace, respect, and positive outcomes. Our experienced mediators and divorce attorneys are dedicated to simplifying the divorce process, reducing emotional and financial burdens, and fostering collaboration and understanding.

If you’re considering divorce and seeking a mediation lawyer in Marietta, GA, let us guide you toward a peaceful and fair resolution. Contact us today to learn more about how mediation can simplify your divorce and help you move forward with confidence and clarity.

Adultery, Alimony And Equitable Division Under Georgia Law

Wed, 06 Mar 2024 21:17:48 GMT

If you suspect your spouse is cheating on you, what do you do?

Under Georgia law, adultery is a misdemeanor offense, and the state is quite specific with its definition of what constitutes adultery. Georgia defines adultery as when a married person “voluntarily has sexual intercourse with a person other than his [or her] spouse.”

Adultery is most significant when a cheating spouse is seeking to obtain alimony or attorney's fees.

For example, if a stay at home wife, or a wife who has comparatively less income than her husband, has cheated, then she may be barred from receiving alimony or attorney's fees in the divorce. In the classic situation where the husband has cheated, this will be a "conduct" factor in the division of property and an evidentiary issue in the award of alimony.

If you have cheated, your spouse can argue the affair justifies a denial of alimony and an award of more than 50% of the marital estate in his or her favor. However, the cheating spouse is still entitled to argue for "equitable division". Unlike in the context of alimony, adultery is not a bar to property division. In the context of awarding permanent alimony, O.C.G.A. section 19-6-5(a)(8) authorizes the consideration of "other relevant factors", but marital misconduct may not be used to set the amount of periodic alimony.

As noted, conduct is relevant in considering the division of assets. However, it is not relevant in determining the amount of alimony. This should be based strictly on the relative financial condition of the parties. See, Anderson v. Anderson, 237 Ga. 886 (1976) (misconduct of the parties is relevant only to whether adultery is a bar to alimony, not to the amount of alimony to be awarded); McCurry v. McCurry, 223 Ga. 334, 155 S.E.2nd 387 (1967) (conduct is not relevant in determining the amount of alimony - alimony should never be awarded to punish for misconduct).

How do you prove adultery?

While the court does not require proof of sexual intimacy, it does require proof that there was the opportunity and inclination to commit adultery. This could include:

Phone records Text messages Emails Love letters Bookings for vacations or hotels Credit card statements or receipts In short, the spouse filing for divorce on the grounds of adultery is trying to prove that his or her ex-partner was alone with another individual and was likely to be sexually intimate.

If you have specific questions about the impact of adultery in your case, contact a Georgia divorce lawyer to discuss the fact of your case.

How to Avoid Divorce

Tue, 29 Nov 2022 21:08:11 GMT

Strategies to Avoid Divorce: Mend the Roof

Who better to offer advice on avoiding divorce than a top Georgia divorce lawyer? Every day, we hear stories of broken marriages and see the patterns that lead couples down the same path.

So, what can you do to preserve your marriage and avoid divorce? Here are ten practical tips to help you strengthen your relationship and weather the storms of life together.

1. Be Honest and Transparent

Honesty is the foundation of any strong marriage. If one partner isn’t being transparent, it’s often a sign that they’re not fully committed or are planning an early exit. Build trust by being open and truthful with each other.

2. Be Fair and Considerate

A lasting marriage is built on fairness. Don’t expect your spouse to do everything, and don’t take advantage of their generosity—even if they allow it. Carry your weight in the relationship to avoid resentment and ensure both partners feel valued.

3. Avoid the Irreparable

Some words and actions can’t be taken back. Think before you speak, especially during heated moments. Hurtful words can leave lasting scars, so choose kindness and restraint.

4. Be Your Own Person

Maintain your individuality. Have a job, career, hobby, or passion that gives you a sense of pride and independence. Being your own person allows you to stand on your own two feet and advocate for yourself in the relationship.

5. Don’t Be Totally Dependent

Marriage is a partnership, not a one-sided relationship. Make sure your contributions to the marriage are as significant as your spouse’s. Balance is key to a healthy and lasting union.

6. Take Responsibility for Your Own Happiness

Your happiness is your responsibility. Don’t rely on your spouse to “fix” your life or make you happy. If you’re unhappy, take proactive steps to change your situation.

7. Stop Comparing Your Life to Others

There will always be someone who seems to have more or live a more comfortable life. Don’t let comparisons define your happiness. Focus on what’s achievable and meaningful for you and your spouse, rather than chasing someone else’s version of success.

8. Develop Your Own Friendships

While it’s great to have mutual friends as a couple, it’s equally important to have your own friendships. Spending time with your friends can provide balance, perspective, and a healthy outlet outside of your marriage.

9. Communicate Openly

Bottling up your feelings or shutting down communication is a recipe for disaster. Talk openly with your spouse and, just as importantly, listen to what they have to say. Honest communication is the lifeline of any marriage.

10. Fix Problems Early

Don’t wait until it’s too late to address issues in your marriage. If you notice a problem, take action immediately. Ignoring issues is like ignoring a leaky roof—by the time it rains, the damage is already done. Be proactive and work together to resolve challenges before they escalate.

The Bottom Line

Marriage takes effort, commitment, and a willingness to address problems head-on. By following these ten strategies, you can strengthen your relationship and avoid the pitfalls that lead to divorce.

Winning Strategies for Your Georgia Divorce

Mon, 28 Nov 2022 20:52:16 GMT

Gloves or No Gloves in Your Divorce?

When it comes to divorce, the big question is: should you kill 'em with kindness or (metaphorically) put on the boxing gloves? Both approaches have their pros and cons, and the right strategy depends on your unique situation.

The Case for Kindness: Uncontested Divorce

If you and your spouse can agree on everything, there’s no need to approach your divorce with hostility. An uncontested divorce is:

Quick : It’s the fastest way to finalize your divorce in Georgia.
Pain-Free : It minimizes emotional stress.
Amicable : Years from now, you’ll be able to smile and say hello when you cross paths.

Uncontested divorces are the easiest and most cost-effective option. But not every couple can agree on everything in advance.

When to Consider the Gloves

If you can’t agree on everything, does that mean it’s time to gear up for a fight? Not necessarily.

Divorce doesn’t have to be acrimonious if both parties are committed to:

Full Transparency : Openly sharing all financial information.
Good Faith Negotiations : A genuine desire to handle things amicably.

However, if your spouse is pressuring you to avoid discovery (the process of gathering financial documents) or discouraging you from requesting information, that’s a red flag. Statements like, “Requesting documents will just drive up costs,” or, “I’ll be less generous if you go that route,” are warning signs of manipulation.

Don’t Fall for Manipulation

Here’s the truth:

Your legal right to an equitable division of marital assets is not dependent on your spouse’s generosity.
Divorce is an adversarial process, even when it’s amicable.

If you’re more focused on keeping your spouse happy than protecting your own interests, you’re setting yourself up for disappointment. Your soon-to-be ex is looking out for their best interests—not yours.

When to Put on the Gloves

If your spouse refuses to be transparent or disclose financial information, it’s time to prepare for a fight. You shouldn’t have to battle for full disclosure, but if your spouse isn’t forthcoming, you may need to.

The Bottom Line

Whether you approach your divorce with kindness or gloves depends on your spouse’s reasonableness, good faith, and transparency.

If your spouse is cooperative : Keep it amicable and work toward a fair settlement.
If your spouse is manipulative or withholding information : Don’t hesitate to put on the gloves and fight for what you’re entitled to.

The Happiest Time Of The Year.... For Some

Sun, 27 Nov 2022 19:34:18 GMT

Holiday Divorce: When the Season to Be Jolly Isn’t So Jolly

The holidays are often imagined as the happiest time of the year—cozy homes, loved ones gathered together, and cherished family traditions. But for many, the reality is far from the dream.

Holiday stress can magnify financial pressures, expose strained family dynamics, and highlight relationship failures. For divorce lawyers, this is one of the busiest times of the year. While divorces don’t take holidays, the number of people seeking to end their marriages seems to skyrocket during the festive season.

Why the Holidays Trigger Divorce Decisions

Tired of disappointment and constant fighting, many people decide to call it quits over the holidays. The thought of enduring another year in an unhappy marriage often outweighs the fear of divorce.

For most, the fear of divorce is far greater than it needs to be. The truth is, divorce is often less daunting than imagined, and life after divorce can bring peace, solitude, and even the possibility of a truly happy holiday season in the future. At the very least, it eliminates one major source of stress in your life.

Uncontested Divorce: A Faster, Less Painful Option

Divorce can be emotionally and financially painful, but the process doesn’t have to be as overwhelming as you might think. If you and your spouse are level-headed and willing to work together, an uncontested divorce may be an option.

An uncontested divorce:

Costs a fraction of what a contested divorce does.
Can be completed in record time.

If you can’t agree on everything upfront, you may still be able to agree to keep the process as amicable as possible. This approach can help avoid exorbitant attorney’s fees and unnecessary conflict.

Mediation: A Path to Resolution

Even if you and your spouse start out disagreeing on everything, mediation can help. With the guidance of a neutral mediator and your lawyer, you may be able to resolve most, if not all, of the issues in your divorce.

Mediation offers a structured environment to work through disagreements and find common ground, making the process less contentious and more efficient.

Divorce Is Hard, But It’s Survivable

Divorce is never easy, but it can be cathartic and, ultimately, survivable. Once the process is behind you, it opens the door to a future where the holiday season can truly be the happiest time of the year.

If you’re ready to take the first step toward a brighter future, we’re here to help.

Is an Uncontested Divorce the Right Choice For You?

Sat, 26 Nov 2022 19:28:12 GMT

Is an Uncontested Divorce the Right Choice for You?

At first glance, an uncontested divorce might seem like the obvious choice. After all, if you and your spouse are parting ways, why not agree to minimize expenses and avoid the stress of a contested divorce?

But is an uncontested divorce always the best option? Not necessarily. Let’s explore when an uncontested divorce makes sense—and when it might not.

When an Uncontested Divorce Makes Sense

An uncontested divorce is a good option if, and only if:

You have full knowledge of all marital and non-marital assets.
You understand your legal rights under Georgia law.
You accept that once the divorce is finalized, the settlement terms cannot be changed—even if your financial situation changes or you later feel the agreement was unfair.

Without these key elements, an uncontested divorce could leave you vulnerable to future regret or financial hardship.

Transparency Is Key

Full transparency and disclosure are the foundation of a fair and equitable uncontested divorce. Both spouses must provide complete statements for all accounts—marital and non-marital.

Think of it like buying a used car: you wouldn’t negotiate without knowing the car’s make, model, mileage, and history. The same principle applies to ending a marriage. If your spouse claims certain accounts are “off-limits” or “non-negotiable,” that’s a red flag. It may indicate bad faith negotiation, and in such cases, a contested divorce is likely the better option.

Understanding Your Legal Rights

Before choosing an uncontested divorce, it’s essential to have a basic understanding of your legal rights in Georgia. For example:

Marital Assets : Nearly all assets acquired during the marriage are considered marital property, regardless of whose name they are in. This includes real estate, retirement accounts, bank deposits, and investments.
Division of Property : Georgia law typically divides marital property equally, regardless of the reason for the divorce.
Alimony : If you were a stay-at-home parent or earn significantly less than your spouse, you may have a claim for alimony under Georgia law.

If you’re unaware of these rights, an uncontested divorce may not be in your best interest.

Considerations for Parents

If you have children, understanding how Georgia courts handle child custody is crucial. Judges always prioritize the best interests of the children, but this doesn’t always mean 50/50 custody.

For example:

Equal time may leave children feeling like they don’t have a true home base.
One parent may end up doing more work without receiving adequate child support.

If you haven’t fully considered these issues, an uncontested divorce may not be the right choice for your family.

Are You Choosing an Uncontested Divorce for the Right Reasons?

It’s important to carefully think through your decision. If you’re agreeing to an uncontested divorce just to “get it over with,” you may be shortchanging yourself.

Some people choose an uncontested divorce to avoid embarrassing court disclosures. However, securing your future is far more important than addressing temporary discomfort. Most of what clients consider “embarrassing” rarely raises an eyebrow with experienced lawyers and judges.

Think about your long-term welfare and what’s truly best for you and your children before deciding on an uncontested divorce.

The Bottom Line

An uncontested divorce can save time and money, but it’s only the right choice if:

You have full knowledge of all assets.
You understand your legal rights.
You’re confident you won’t regret the decision later.

If these conditions are met, an uncontested divorce may be a smart option. But if there’s any doubt, it’s worth exploring other paths to ensure your future is secure.

Should You Hire a Lawyer for Your Uncontested Divorce or DIY?

Fri, 25 Nov 2022 19:20:18 GMT

DIY Uncontested Divorce: A Risky Gamble

When it comes to uncontested divorce, you might be tempted to save money by going the DIY route. But is it worth the risk? Let’s break it down.

The internet is great for many things, but a DIY divorce isn’t one of them. While it’s natural to want to save money, there are times when cutting corners can cost you far more in the long run.

Think of it this way: if you needed a tooth pulled, would you watch a YouTube tutorial and try it yourself? Of course not! That would be absurd. Sure, it might save you money upfront, but the long-term consequences—broken teeth, infections, and expensive dental repairs—would far outweigh the initial savings.

The same logic applies to DIY divorces. Unless you’ve been married for three months, have no shared assets, and both parties agree to keep what they brought into the marriage, a DIY divorce is a recipe for trouble. Even in the simplest cases, there’s a risk of missing critical details that could lead to future litigation.

Many people who attempt a DIY divorce end up contacting our office later, desperate to fix the mistakes they made. Unfortunately, some errors can’t be undone.

Here are just a few examples of DIY disasters:

No Deadline for Equity Payment : A husband agreed to let his ex-wife keep the marital home and pay him half the equity but failed to include a deadline in the settlement agreement. Now, she can wait 30 years to pay him, and there’s no legal way to force her to act sooner.
Unaddressed Tax Issues: A wife finalized a DIY divorce without addressing post-divorce tax liabilities. When an audit revealed a significant tax debt, she was left holding the bag.

These are just two of the countless scenarios where DIY divorces lead to costly, avoidable mistakes.

The Hidden Costs of DIY Divorce

Why Hiring a Lawyer Is Essential

There’s simply no substitute for professional legal advice during a divorce. Blank forms and $99 online divorce kits might seem like a bargain, but they can’t provide the expertise needed to protect your rights and future.

An experienced divorce lawyer ensures that:

Your settlement agreement is thorough and legally binding.
All financial, tax, and property issues are addressed.
You avoid costly mistakes that could lead to future litigation.

Think of it like building a house. Hiring a builder to do it right the first time costs more upfront but saves you from endless repairs and headaches later. The same is true for divorce.

The Bottom Line

A DIY divorce might seem like a way to save money, but the risks far outweigh the benefits. Don’t fall for the promise of cheap online forms or rely on Google for major life de cisions.

Hire an experienced, knowledgeable divorce lawyer with a trusted reputation. It’s an investment in your future—and your peace of mind.

Is Your Divorce Really Uncontested?

Thu, 24 Nov 2022 19:15:10 GMT

When Is an Uncontested Divorce Not an Uncontested Divorce?

An uncontested divorce sounds simple: both parties agree on everything, and the process moves forward without conflict. But in reality, there are common scenarios where a divorce that seems uncontested is anything but. Let’s break it down.

Scenario #1: Mediation Is Needed

You both want a divorce.
You both want it to be uncontested.
You haven’t discussed how to divide assets, custody, or support and want a mediator to decide.

Unfortunately, this is not an uncontested divorce.

For a divorce to be truly uncontested, you and your spouse must agree on everything—from asset division to custody, child support, and alimony—before filing. If even one issue remains unresolved, your divorce is contested.

Mediation can help resolve disputes, but it doesn’t make your divorce uncontested. If you need mediation, it’s critical to have a lawyer who can advise you on your legal rights and responsibilities before, during, and after the process.

Scenario #2: Limited Funds for Legal Representation

You both want a divorce.
You both want it to be uncontested.
Neither of you can afford to spend much on a lawyer.

Once again, this is not an uncontested divorce.

A lack of funds doesn’t automatically make your divorce uncontested. Many people assume their divorce will be uncontested because they’re willing to settle on what they believe are reasonable terms. However, you can’t force your spouse to agree to your terms, no matter how fair or generous they may seem. If there’s no agreement on every single issue, your divorce is contested, regardless of your budget.

Scenario #3: Avoiding Court

You both want a divorce.
You both want it to be uncontested.
Neither of you wants to “go to court.”

This is yet another example of a divorce that is not uncontested. While most people would prefer to avoid court, it’s not always possible. If you and your spouse can’t agree on who gets the BMW or whether alimony should be paid, a judge will have to decide.

Even mediation doesn’t guarantee resolution. You may enter mediation with the best intentions but still fail to reach an agreement on all issues, forcing you to go to court.

The Bottom Line

For your divorce to be uncontested, you and your spouse must agree on all issues—assets, debts, custody, child support, alimony, and more—at the very start of the process. If there’s even one unresolved issue, you have a contested divorce.

Understanding the difference can save you time, money, and frustration. If you’re unsure about your situation, consult an experienced divorce attorney to guide you through the process and help you achieve the best possible outcome.

Amicable Divorce in Georgia

Fri, 09 Sep 2022 19:08:12 GMT

Tying the knot is easy. Undoing it? Not so much. Divorce can be a challenging process, but it doesn’t have to be a battlefield. At our firm, we cut through the paperwork, minimize conflict, and strive to make the process as smooth as possible.

Why Choose an Amicable Divorce?

Don’t let anyone convince you that divorce has to be messy or contentious. The truth is, a hostile divorce only benefits the lawyers—not you. Instead, focus on what truly matters:

Complete Financial Disclosure: Transparency is key to ensuring fairness.
A Fair Outcome: You deserve an equitable resolution that works for everyone involved.
Protecting Your Children: Keeping the process clean and civil benefits your children’s emotional well-being.

Keep It Civil for Your Future

If you’re feeling angry or resentful, remember that counseling is far less expensive—and far more productive—than a drawn-out, bitter divorce. You’ve already been through enough. Keeping the process amicable allows you to move forward with dignity and ensures you can coexist peacefully in the future.

You married this person and once promised to stay together "till death do you part." While the marriage may be ending, surely you can keep it civil and avoid an all-out war.

Focus on Results, Not Conflict

We help you focus on achieving results with an eye toward the future. Our goal is to help you transition to a better place without wasting your hard-earned assets on a contentious divorce.

Ready to Move Forward?

When you’re ready to take the next step, we’re here for you. Let us guide you through the process with care, professionalism, and a commitment to keeping things amicable.

Give us a call today to start your journey toward a fair and peaceful resolution.

Stepparent Adoption in Georgia

Mon, 05 Sep 2022 19:04:37 GMT

Stepparent Adoption in Georgia: What You Need to Know

Stepparents who step into the role of an absent or deceased parent often want to "make it official" by adopting their stepchild. While the process can be rewarding, it involves several legal steps and requirements. Here's what you need to know about stepparent adoption in Georgia.

Qualifications for Stepparent Adoption

To adopt a stepchild in Georgia, you must meet the following legal requirements:

Be a resident of Georgia for at least six months.
Be at least 25 years old.
Be at least 10 years older than the stepchild.
Have the physical, financial, and mental ability to care for the child adequately.

Consent from the Other Birth Parent

The first step in the adoption process is obtaining written consent from the other birth parent. This consent involves the birth parent terminating their legal relationship with the child. However, the parties can agree that the birth parent retains visitation rights after the adoption. Once the adoption is finalized, the stepparent assumes the role of the child’s legal parent, and the birth parent loses decision-making authority regarding the child.

In certain situations, such as when a birth parent is missing or incapacitated, the court may allow a stepparent adoption without consent.

Background Checks and Home Study

Stepparents in Georgia must complete several steps to ensure the adoption is in the child’s best interests:

Criminal Background Checks : Extensive checks are required to confirm the stepparent’s suitability.
Home Study : An adoption coordinator from the county conducts a home study to verify that the home environment is appropriate for the child.
Financial and Medical Records : The prospective stepparent must provide these records to the adoption coordinator for review.

The adoption coordinator’s findings will be submitted to the court as part of the adoption process.

Court Review and Adoption Hearing

Once the background checks and home study are complete, the court will review the adoption application and supporting documents. If everything is in order, the court will schedule the adoption hearing.

Adoption hearings are often the most joyful part of the process. Judges typically enjoy these hearings, and it’s not uncommon for them to invite families into their chambers for a personalized meet-and-greet and photo opportunities.

After the hearing, the court clerk will submit the adoption order to the Georgia Department of Vital Records, which will issue a new birth certificate for the child.

Why You Need an Experienced Adoption Attorney

The paperwork involved in a stepparent adoption can be extensive and overwhelming. A qualified adoption attorney is essential to ensure your paperwork is accurate and complete. Even when all parties agree, the adoption process has many nuances that require careful attention.

An experienced attorney can streamline the process, handle the legal complexities, and help you focus on celebrating your new relationship with your stepchild.

Celebrate Your New Family

Stepparent adoption is a meaningful way to solidify your bond with your stepchild. While the process can be complex, the end result—a legally recognized parent-child relationship—is worth every step.

If you’re ready to begin the journey of stepparent adoption, contact a qualified adoption attorney to guide you through the process and prepare for the celebration of your new family.

Alimony and Adultery in Georgia Divorces

Fri, 02 Sep 2022 18:59:19 GMT

Adultery, Alimony, and Absolution: What You Need to Know in Georgia

Adultery, alimony, and absolution may sound like salacious topics, but in today’s world, the reality is far less dramatic than one might imagine. In the post-Girls Gone Wild era, adultery has taken on a more subdued and almost antiquated role, especially in the context of Georgia divorce law.

The Changing Role of Adultery in Divorce

In 2022, the significance of adultery in Georgia divorce law is not as impactful as many believe. While it remains one of the thirteen grounds for divorce under O.C.G.A. § 19-5-3, its influence has diminished over time. Judges today are less likely to view adultery with the same disdain as in the past, reflecting a shift in societal attitudes since the days of The Scarlet Letter.

What Constitutes Adultery in Georgia?

Under Georgia law, adultery is defined as sexual intercourse with someone other than your spouse. This includes both heterosexual and homosexual extramarital relationships. However, other forms of unfaithfulness—such as sexting, kissing, or oral sex—do not meet the legal definition of adultery unless sexual intercourse is involved.

Adultery and Alimony: The Connection

Although its significance has waned, adultery can still have serious implications in divorce cases, particularly when it comes to alimony. In Georgia, adultery can bar a spouse from receiving alimony if it is proven to be the cause of the separation. However, if the adultery did not lead to the dissolution of the marriage, it will not serve as a bar to alimony.

The Role of Condonation in Adultery Cases

Adultery can also lose its legal significance through a concept known as condonation. Borrowed from religious teachings, condonation refers to the forgiveness of adulterous behavior. Under Georgia law, condonation occurs when a spouse forgives the adulterous conduct by resuming cohabitation and marital relations (i.e., sexual intercourse) with full knowledge of the affair.

Condonation is an affirmative defense that must be raised by your lawyer during the divorce proceedings. Once condonation is established, the prior adulterous conduct can no longer be used as grounds for divorce.

Forgiveness Has Consequences

In practical terms, adultery can bar alimony unless it is forgiven. While the saying “to err is human, to forgive is divine” may hold true, forgiving adultery wipes the slate clean and removes its legal impact.

Hurry Up and Sign

Wed, 17 Aug 2022 18:52:17 GMT

Thinking About Divorce? Take the Time to Do It Right

Many people contemplate divorce for years before finally deciding to move forward. It’s natural to want to "get it over with" as quickly as possible, but divorce is an emotionally painful and often unpleasant process. Ending a relationship you once hoped would last forever is never easy.

Don’t Rush Into a Quick Settlement

As eager as you may be to finalize your divorce, rushing into a quick settlement can lead to costly mistakes. Even in simple divorces, an equitable division of assets and debts is required. For divorces involving children, issues like custody, visitation, and child support add layers of complexity.

Insist on Full Financial Transparency

You deserve complete and accurate information before entering into a settlement agreement. Full financial transparency is not just a courtesy—it’s a necessity. Insist on reviewing at least three years of your spouse’s financial records, including bank accounts, investments, retirement funds, and credit card statements. These documents often reveal hidden assets or relationships that could impact your settlement.

Verify, Don’t Just Trust

While it may be tempting to rely on what your spouse tells you, resist that urge. Too many people rush into settlements without verifying the information provided by their spouse. Knowing the full scope of your marital assets and debts is essential before signing any agreement.

Beware of Pressure Tactics

If your spouse is pressuring you to "hurry up and sign," promising a better financial settlement for quick action, or accusing your lawyer of delaying the process to increase fees, take a step back. These tactics are often red flags.

Your family law attorney is there to protect your best interests and ensure you aren’t taken advantage of during this challenging time.

Protect Your Rights and Your Future

Never rush into a divorce settlement. Take the time to do it right. Your future depends on it.

If you want to safeguard your rights and secure a fair outcome, call us today to discuss your case. We’re here to help you navigate this process with confidence and care.

Dependency Cases in Georgia

Mon, 15 Aug 2022 18:45:56 GMT

Child Dependency Cases in Georgia

Dependency cases in Georgia, formerly referred to as deprivation cases, are intended to protect 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, abused or that the parents of the child are unable to provide care.

The Department of Children and Family Services (DFCS) can can also initiate a dependency case by filing a petition after receiving a report about the child's care or investigating the matter through its case workers. Upon filing the Petition, the Court issues an order appointing a Guardian Ad Litem for the child and scheduling a hearing within 72 hours.

Dependency Cases proceed in two-stages. The first stage, known as the preliminary protective hearing, requires the Judge to determine if probable cause exists sufficient to believe the child may be abused or neglected and therefore a dependent child.

If the Judge finds probable cause to believe the child may be dependent, a dependency hearing is scheduled within ten days of the preliminary protective hearing and the Judges makes a formal finding of dependency, which requires clear and convincing evidence that the child is presently dependent ( the parent or legal guardian is unable to care for his or her minor child). A finding of dependency requires DFCS to issue a reunification plan outlining what the parents have to do to be reunited with the child.

These types of cases can involve numerous parties including the parents, children, family members, state agencies, and a variety of court-appointed attorneys. Unfortunately, without experienced and skilled legal representation, many parents face long separations form their children or have their parental rights terminated.

If you are seeking the assistance of a juvenile dependency attorney who can represent you in a Georgia juvenile dependency and family court issue, feel free to contact us to discuss your case and options to protect the best interests of the child.

Temporary Protective Orders

Wed, 10 Aug 2022 18:43:05 GMT

In Georgia, there are two types of Temporary Protective Orders .

The first kind of Temporary Protective Order, also referred to as a Temporary Restraining Order in Georgia, protects individuals from family violence. A family violence protective order may be issued in Georgia whenever there is cause to believe that family violence has occurred in the past or is likely to occur in the future.

The second kind of Temporary Protective Order in Georgia is a stalking temporary protective order and may be issued in Georgia whenever a person follows, puts another person under surveillance or contacts another person for the purpose of harassing or intimidating them.

If you have been threatened, subjected to family violence of been a victim of stalking, you may need to obtain a Temporary Protective Order. Every county in Georgia has a different procedure to obtain a protective order. In some of the larger counties, such as Cobb County, there are volunteers available to assist individuals in obtaining protective orders five days a week. In smaller counties, you may have to make an appointment and wait several days or longer before going in front of a Judge to request a protective order.

Since the need for protective orders often arises in an emergency, most people first obtain an ex-parte Temporary Protective Order before asking the court for a one-year or longer protective order. An ex-parte proceeding is when only one party present. The applicant for a protective order appears before the judge to ask for a protective order without the other party present. Whenever an ex-parte Temporary Protective Order is issued, the Court is required to schedule a second hearing within 30 days where both parties will have an opportunity to present evidence, witnesses and testimony to the judge.

Both types of Temporary Protective Orders are civil orders issued by the Superior Court where the person who is accused of engaging in the family violence or stalking resides. Although a Temporary Protective Order is issued in a civil proceeding, the Order is placed on the 'family violence registry' to which law enforcement personnel have access in order to determine if a particular individual has contact-restrictions. The family violence registry, which is not public record or part of someone's criminal record, is intended to be confidential except for purposes of law enforcement investigation. Even if the TPO is not a public record, it can potentially impact your employment if you are required to disclose family violence or stalking orders to your employer.

Temporary Protective Orders should never be taken lightly. 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.

Grandparent Adoption in Georgia

Tue, 09 Aug 2022 18:39:59 GMT

Grandparents: The Unseen Heroes in Child Rearing

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. Sometimes the disability is the result of a drug addiction or mental illness or a combination of the two.

If the parent is unable to play a meaningful role in the child's life, adoption is often the best course of action for the child. For a grandparent to adopt a grandchild in Georgia, both parents need to terminate their parental rights.

The situation becomes more complicated when one parent is willing to give up parental rights and the other is not. In that case, the Court has to determine what is in the best interests of the child.

If the parents are prepared to give up their rights, grandparents may decide to adopt their grandchild. If married, both grandparents must participate in the petition to adopt the child.

The background paperwork is voluminous and is designed to protect the child and ensure that the grandparent who adopts the child is mentally, physically and financially able to care for the child.

After the courts have granted approval for the adoption, the grandparent will hold the same rights that the child's biological parents once had, establishing a legally recognized relationship.

If you are a grandparent contemplating adoption, your initial step should be to seek advice from a knowledgeable adoption attorney in Georgia.

Feel free to reach out to us if you would like to explore your options.

When Your Love Runs Out of Gas...

Fri, 05 Aug 2022 18:36:36 GMT

Navigating Love's Crisis: Stay Calm and Explore Your Options

Ever wonder where to start when your love runs out of gas? Counseling? Divorce? Private Investigator? Keystroke logger? GPS Tracking device? Turn a blind eye to cheating? Make nice or turn into a raging lunatic?

For starters, keep a cool head. 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. You put a lot into your marriage so take your time to really think about the best way to address where you are and what options you have.

Second, take stock of what you it means to split up. Is divorce even an alternative right now? For some, it is not. Whether due to unemployment, financial distress or an unwillingness to put children through the pain of a divorce, it may not be an option at present. If that's the case, make the bets of the present and plan for your future divorce. Think about the importance of how your actions and decisions today will impact a divorce in the future. And consult with a divorce lawyer to make sure you fully understand what to expect if and when you file for divorce.

Next, get your affairs in order as the old saying goes. Make sure you have the information, documents, evidence and witnesses you will need for the day when you can no longer delay the divorce. Why waste time (and money on attorney's fees) when you can assemble the documents and evidence you need in advance. Take photos, record events, keep good notes and look over your shoulder in case your spouse is doing the same. Be prepared to hit the ground running when the day finally comes. The more prepared you are, the smoother your divorce will go.

Finally, avoid unnecessary complications, such as registering on dating sites, exploring new relationships before your old one is over, drinking excessively, doing drugs or getting in the middle of domestic altercations that lead to Temporary Restraining Orders. In a divorce, your past is examined in excruciating detail. Your bank activity, credit card charges, cash withdrawals and internet activity become front and center. If you prepare for the worse, you can survive anything in divorce and come out smelling like roses. And if you need advice, feel free to call us to discuss your case.

Domestic Violence and Divorce

Tue, 02 Aug 2022 18:33:06 GMT

Domestic Violence in Georgia

Domestic Violence is all too real and often takes place behind closed doors when no one is looking. You can 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. To increase the likelihood of obtaining a permanent TPO, you should obtain certified copies of any police reports and bring them to court with you along with all photographs, emails, text messages and any other evidence that supports your claims. If you have any witnesses to any domestic violence by the perpetrator, be sure to bring that witnesses with you to court. Of course, if you can afford to obtain counsel, you should hire an attorney experienced in handling TPOs in Georgia.

Courts tends to be suspicious of anyone who files a TPO during a divorce proceeding and will look for concrete evidence that a TPO is needed to protect you and/or your children from harm. The more organized and concise you are at the hearing, the better. Give the Judge a clear and accurate time line of events without a lot of drama and emotion. Make sure your witness is prepared to talk about domestic violence, stalking, and harassing behaviors and has specific examples and personal knowledge of what he/she wants to testify to.

If the Court believes you need a TPO, you will be issued a 12 month Temporary Protective Order and you should carry that with you at all times. If the Order is ever violated, you have to have a copy at your fingertips when you call the police to report the violation. TPOs are registered on the criminal docket int he county in which they are issued and can have serious consequences to someone's employment and security clearances.

At the end of the day, a TPO is still just a piece of paper. It's up to you to exercise caution and avoid being anyplace where you believe the perpetrator may find you. If you need advice on this or any other family law issue, feel free to reach out to our attorneys at The Cherry Law Firm, PC.

Preparing for a Zoom or Webex Hearing in Georgia

Wed, 20 Jul 2022 18:30:47 GMT

Master Your Virtual Divorce Hearing: 10 Essential Tips

The new normal in divorce cases is to conduct hearings virtually--either by Zoom or Webex. If you have a Zoom or Webex hearing coming up, here are ten things you need to know:

Make sure your computer or laptop and microphone work. If you have never used Zoom, do a trial Zoom beforehand with your lawyer to make sure everything is in good working order. Judges have limited time for hearings and will not appreciate someone trying out their electronics for the first time during a hearing.
Understand how to turn your microphone on and off during the hearing and keep it off until you are testifying. The slightest movement of paper or other sound will be magnified if done in close proximity to a microphone and will interfere with the Court's ability to hear anyone else.
Make sure you set up your computer or laptop in a quiet place . If you have pets or children, make sure they are in another room (or another location altogether). There is nothing worse that a barking dog or crying child in the background when you are testifying.
Do not allow your children or witnesses in your case to listen in on the hearing in another location. It is never appropriate for children to be made aware of what is said or done in court. And most hearings require witnesses to be sequestered (isolated) prior to testifying. Don't risk being reprimanded by the court by allowing children to log on to another computer to listen in on the hearing. The Judge controls the hearing and can find out the identity of other participants who are logging in to the Zoom or Webex hearing. You could lose your case, or lose custody of your children, simply by violating this one rule.
Make sure no one else is in the room with you during the hearing. Courts want to be sure no one is signaling or coaching you while you are testifying under oath, which is clearly improper and can result in sanctions. While it may be tempting to hide someone else in the room with you, it becomes obvious someone is in the room when shadows appear on surrounding walls and the speaker's attention is distracted while testifying. Testifying via Zoom or Webex is just like testifying in court. You have to take the stand by yourself without interference from anyone else.
Dress for court from the waist up. The Judge will be dressed for court and expects you to be as well. That means hair neatly combed, appropriate makeup and business like clothing that has been clean and pressed.
Avoid chewing gum, eating and drinking during a hearing. You wouldn't do this if you were testifying live in court so don't do it during a hearing--the only exception being if you need a quick drink of water to clear your throat.
Don't talk at the same time anyone else is talking and don't use your phone, search the internet, text or chat during the hearing. Although there is a chat feature in both Zoom and Webex, I strongly recommend you avoid using it. It is too easy to send a group chat when you intended to send one only to your lawyer. Wait patiently for your turn to testify and listen attentively to what is being said. If you are testifying and there is an objection, immediately stop talking until instructed to continue. Don't risk coming across as unprofessional by interrupting someone else.
Don't roll your eyes, shake your head or make faces during a hearing. You should anticipate that the other party and his or her witnesses will say things you don't agree with during the hearing. This is to be expected. Be mature and professional while listening to other witness testimony. Getting emotional wont help your case or impress the Judge.
Always refer to the Judge as "Your Honor" and be courteous and polite to opposing counsel and refer to him or her as Mr., Ms. or Mrs. ____. You don't get extra points by being rude or condescending to the lawyer who is cross examining you. Hearings are formal proceedings and you are expected to conduct yourself appropriately.

Be sure to follow all of these rules during your Zoom or Webex hearing to make a good impression on the Judge.

Drugs and Child Custody Don't Mix

Fri, 15 Jul 2022 18:26:34 GMT

Stay Sober: Protect Your Custody Rights in Georgia

Courts take a dim view of drug use 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.

Focus your energies on your children and getting yourself healthy. That means detoxing if you need to and making your children and their needs the focus of your attention. The more time you spend with your children doing what matters most to them, the better. And don't overlook taking care of your children's basic needs, such as getting them to school on time, making sure homework is turned in and tutoring if needed. It is also important to make sure you are taking your children to regular doctor and dental check-ups and appointments, counseling and any therapies they may need. It's important for the court to see that you can manage yourself and your children if you are seeking custody.

Children are a full-time job and you need to convince the Court that you can give your children what you need in order to get primary physical custody of your children.

Pretrial Hearings with Judges

Tue, 12 Jul 2022 18:24:00 GMT

Behind Closed Doors with a Georgia Judge

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.

Clients tend to be more skeptical of pre-trials and for good reason. Attorneys typically agree to a “pretrial” without consulting their clients, leaving the client alone in the courtroom wondering what a pretrial is and how it could impact their case as their lawyer disappears into the Judge's chambers without them.

Pre-trials in family law cases typically refer to meetings with the Judge during which each lawyer presents a short synopsis of their case or an issue in the case and the Judge gives his or her initial opinion of how he or she views the evidence.

The Judge will usually listen to both parties and then say something like, “in cases such as this, I typically rule as follows……” This gives the parties an indication that the Judge is leaning one way or the other and may often shortcut the case or help persuade the parties to settle.

So, what harm could possibly result from a pretrial?

Pre-trials can and often do prejudice one side or the other. They are particularly harmful when one lawyer knows the Judge better than the other lawyer or when one lawyer is better able to quickly convey the essence of his or her case to the Judge.

In cases with a unique set of facts that are difficult to sum up in a sentence or two or where one party's lawyer does not know the Judge as well, it is often better to try your case in open court and force the Judge to hear all of the evidence before deciding the outcome.

I have seen more lawyers misuse pre-trials than use them for legitimate purposes. Lawyers can misuse a pretrial and throw their clients under the bus in a pretrial by admitting bad facts or suggesting an outcome other than what the client desires. In doing so, the lawyer can cause irreversible damage to the client's case. In other instances, I have seen lawyers misstate the evidence in a pretrial and permanently prejudice the Judge's opinion of the other party's case.

The Georgia Supreme Court has been critical of pre-trials because they circumvent the normal litigation process and can lead to unjust outcomes. Many Judges have been sensitive to these criticisms and outright refuse to allow any pre-trials. Those Judges require that everything be said in open court with the clients present or not at all.

Because pre-trials can be so detrimental to a case, clients should be alert to the possibility of a pretrial whenever it is suggested in court and fully understand the purpose of a pretrial before agreeing to a pretrial before their lawyer disappears into the Judge's chambers for a pretrial.

Keep in mind that you, as the paying client, have to determine what your comfort level is when a pretrial is suggested by one of the lawyers. If you don't have 100% confidence that your lawyer will vigorously protect your interests at a pretrial, don't hesitate to speak up and say that you object, in which case the Judge will not allow it to go forward.

For more information, contact the Cherry Law Office for a consultation today. We have a proven track record hearing alimony, high asset divorce, and child custody cases in the greater Marietta area.

Private School Tuition after Divorce

Fri, 08 Jul 2022 18:02:44 GMT

Paying Private School Tuition in Georgia

Many parents choose to send their children to private school in Georgia to provide them with more opportunities and a better education. If parents still want the children to attend private school after they are divorced in Georgia, who decides if the children will continue attending private school and how will those costs be paid?

The parent with final decision making authority will be able to choose whether the children attend public or private school. If you do not have final decision making authority on educational issues, you may be forced to pay some or all of the costs of private school tuition unless your Final Order specifies otherwise. Be sure to specifically address how private school tuition costs will be paid in any Settlement Agreement and Final Order.

In some cases, if the parties cannot agree and there is sufficient income and the children have been attending private school in the past, the parents may be required to share the costs of continued private school education. If the parents do not agree on the need for continued private school education, the court is unlikely to require both parties to share the cost of private school unless there are special circumstances. Special circumstances would include a special needs child who truly needs to attend private school to address his or her special needs, an exceptionally advanced child who will not be challenged in a public school setting or other unique circumstances.

If you are going through divorce in Georgia, try to come to agreement on the payment of private school tuition costs and make sure that agreement is accurately spelled out in the Final Order and Settlement Agreement. If you do not agree, the

Judge is going to do what he or she believes is in the best interests of the children after consideration of all of the circumstances but every Judge is different and you run the risk that the Judge will not agree with you on the issue of private school costs.

Alcohol and Divorce in Georgia

Thu, 07 Jul 2022 18:01:15 GMT

Stay Sober During Divorce: Protect Your Reputation and Rights

Many people enjoy a glass or wine, couple of beers or a 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.

Spouses frequently take photos of empty wine and beer bottles and magnify claims of excessive drinking. Even innocent social drinking can be exaggerated to appear as a significant drinking problem that causes issues in a divorce.

To avoid drinking allegations in a divorce, you should make sure you don't drink any alcoholic beverages at anytime during your divorce. Not on vacation, not with friends and certainly not within your home. Do not buy alcohol, do not store alcohol at home and do not go to bars or other venues where people are drinking.

Drinking claims can undermine custody and/or alimony claims in a divorce. Avoid getting entangled in an alcohol abuse claim by steering clear of drinking while you are involved in a divorce.

Assume you are being followed by a private investigator 24 hours a day 7 days a week during your divorce and protect yourself from false, misleading and distorted allegations.

If you have questions about divorce, call us to discuss your case.

Lessons from the Battlefield

Mon, 04 Jul 2022 17:54:19 GMT

Avoid a Civil War in Your Georgia Divorce

2014 was the 150th anniversary of the Civil War (aka “the Sesquicentennial”).

So what lessons can you take away from the Civil War and apply in a divorce in Georgia?

For starters, how about stating the obvious?

Our nation allowed a few issues to simmer and smolder long enough to result in some rather serious irreconcilable differences to arise. And, after that, war was inevitable.

Sound familiar?

Indeed, isn't that the road to most divorces?

And what else have we learned form the War Between the States?

Expect casualties. Lots of them. On both sides.

That's right. If you go to Court, be prepared for a lot of casualties. Lost friendships as friends take up with one spouse or the other. Divided loyalties among children, siblings and relatives and lots and lots of hard feelings after you rake someone over the coals with your testimony. Those scars are permanent and will be felt for years to come.

If you have to go to war, then you have to go to war. Just remember the sacrifices and the costs of war. They can't be overstated. The harm you inflict on the battlefield can't be undone after the fact.

Divorce can be cordial. It can be amicable. It doesn't have to be war.

The Problem With Little White Lies

Thu, 30 Jun 2022 17:51:28 GMT

Honesty in Court: Avoid the Trap of Little Lies

The Problem With Little White Lies is that once you tell one lie, you are forced to tell another. And people who tell little white lies in court come across as liars. Yes, when you are in court and answering questions from your lawyer, your spouse's lawyer and the Judge, your personality comes across loud and clear. If you are bare bones honest, it shows. If you are fudging things a bit to try to help your case, that shows too. And if you are down and out lying, that pretty much comes across loud and clear.

Judges don't want you to shade the truth They don't want you to spin the facts. They want you to be honest, fess up if you didn't always act appropriately and put your best foot forward without shading the truth. Be yourself. Be honest. Resist the temptation to portray yourself as perfect. Even more difficult, resist the temptation to portray your spouse as the devil incarnate.

Judges have seen a lot of liars come and go. They know when people are coloring the facts. They know that if you are exaggerating some facts and minimizing others that you probably can't be trusted to be honest about anything.

Those little white lies add up quickly. And it only takes one or two to bring you down in a judge's eyes. That's all it takes. A few little lies here and there and viola! You just ruined your credibility in the Judge's eyes.

So be prepared to do the right thing. Be candid about the good and bad. Judges understand that emotions run high in a marriage and sometimes folks are pushed over the edge. They would rather you own up to it than act as if something didn't happen.

Saying and doing the right thing is often the best thing. Don't fall into the trap of telling innocent little white lies in court. They aren't innocent. They are lies. And lies never hold up under scrutiny no matter how smart you think you are. Trust me, your Judge is smarter and seen it all before. And that's the truth.

Commissions, Bonuses and Overtime - Oh No!!

Wed, 22 Jun 2022 17:49:06 GMT

Navigate Divorce Finances: Discretionary Income

No sense in beating around the bush. Money issues loom large in every divorce. Money is often the tipping point that causes someone to file for divorce and a focal point during the divorce. And income is one of the most important money issues when determining child support and alimony.

So how do courts determine an individual's income?

Everyone always wants to know what counts as income in a divorce and the short answer is “everything.” Yes, indeed. As shocking as that may be, the court will count all of your commissions, bonuses and overtime as part of your regular income.

You read that correctly. There is no sense is trying to wriggle out of it. Every man and woman that finds their way to court tells the Judge the same old sob story.

Surprise! Everyone who comes into court has the same story when it comes to income.

And I mean everyone . “ I'm not guaranteed any bonuses; I'm no longer working overtime and I won't be earning the same commissions in the future. ”

If I could get $5 for every time a client has told me that, I could retire today.

The problem is, the Judge has nothing else to go on except past history so your income will be determined upon you current and past earnings regardless of any spin you may put on them.

Bonuses : If you received bonuses in the past “but they aren't guaranteed,” too bad, they count as regular income.

Overtime : If you worked a ton of overtime this year but the company is cutting back on overtime, too bad because that overtime pay counts as your regular income as well.

Commissions : If you've made a lot in commissions but the company recently changed its commission policy, that too will count as regular income.

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.

So don't even waste your breath trying to convince a court that your commissions, bonuses and overtime aren't guaranteed and will soon be coming to an end.

Commissions, bonuses and overtime will be included in your income and will impact the final child support and alimony amounts.

How to Prepare For a Divorce Hearing

Mon, 20 Jun 2022 17:44:59 GMT

Headed to hearing or trial and wondering what to expect?

Don't walk into a trial or hearing without preparing ahead of time.

First , make sure you re-read the Financial Affidavit that was filed in your case.

Many attorneys ask 50-75% of their cross examination questions on the Financial Affidavit so you should know your Affidavit like the back of your hand. Recall why you listed the figures you did for assets and debts and how you arrived at the numbers in your budget. If they are based on actual expenditures, be prepared to say that when questioned. if they are estimates based upon future estimated expenses, make sure you say that when cross-examined. Don't be left tongue tied because you haven't glanced at your Affidavit in several weeks or months and forgot what you put on it.

Second , re-read your discovery responses and review the documents you produced in discovery. Make sure you know what you said and can support your statements with facts. Be prepared to talk about the documents you produced and their significance in your case.

Third , make sure you know exactly what you are asking the court for and why. If you want alimony, explain why you need alimony. If you want more than 50% of the marital assets, you need to explain why you think you should get more than a 50-50 division of assets. If you have other items you want, be prepared to explain to the Judge why you are asking for the relief you are seeking. You want to ask for what you want as long as it is within reason. If you come across as overreaching or greedy, your list of wants may backfire on you.

Fourth , be honest and sincere at trial. Insincerity and untruthfulness comes across loud and clear to judges. When you are honest, your testimony comes across as candid and unrehearsed and you are more likely to be believed by the judge.

Finally, don't be afraid to compliment your spouse at a divorce hearing or to admit to your faults. Courts appreciate parties who don't exaggerate every single point in an effort to persuade the judge. That technique usually backfires on judges who have a keen eye for hyperbole. Instead, give credit where credit is due and own up to mistakes you may have made but be sure to put them in the proper context. If you made a mistake, be sure to explain tot he judge that what you did was not due to an extreme or emotional event and is not your normal response. Admit that you have learned your lesson and point out how you have changed.

Win Your Divorce Hearing: Honesty and Confidence Matter!

Preparation is key to winning at trial. It doesn't take a lot of time or effort to have a successful outcome once you know what to do. So hold your head up high and be confident that you will win!

Avoiding Mediation Mistakes

Thu, 16 Jun 2022 17:36:18 GMT

Effective Mediation Saves You Time , Money, and Uncertainty

In Georgia, every case has to be mediated before trial. That's a good thing.

Mediators tend to be smart, knowledgeable, and very skilled at helping parties reach out of court settlements. Mediation is expensive but trial is far more expensive and the outcome is uncertain.

Mediations are oftentimes successful and result in settlement agreements. However settlement agreements drafted during mediation have to be properly drafted to make sure they will be enforceable. Otherwise, the agreement may be attacked as vague or incomplete and may result in even more litigation.

When you go to mediation, don't take any shortcuts. Carefully discuss every issue of concern to you and make certain that the issues are addressed the final, written settlement agreement. In other words, make sure it is in writing!

Don't leave anything out or anything unsaid. Be sure to cover everything in writing. And be sure your agreement is complete and precise as to all essential terms. Most importantly, make sure you include savings clause language in your settlement agreement acknowledging that the agreement is a final and binding agreement as to all issues even if the parties has left some minor terms to fill in after the mediation.

Oftentimes, a party will feel good about a settlement until they get home and start sharing the details with friends and family. That's when doubts arise and “buyer's remorse” sets in.

If you haven't covered everything in your mediation agreement, you risk having the agreement thrown out and having to go back to square one. Be clear about what you want and want you are willing to agree to.

Understand that a well-written mediation agreement is binding on all parties and will end your case. And don't try to cut corners or rush to end mediation. If you reach agreement at mediation, you want to walk out the door with a binding and enforceable settlement agreement.

Virgins Welcome

Tue, 14 Jun 2022 17:33:37 GMT

Never Been Divorced Before? Welcome to the Club that no one wants to be a member of. Most people don't get married planning to divorce. So when you realize divorce is inevitable, understand that you're not alone. Others have gone down this path before you and managed to survive and you can too.

Divorce is nothing to be ashamed of. It happens to good people. And if you're not sure where to begin, you're like most people who feel the same way. One step at a time and you will get there.

Find a lawyer who you can relate to. Do you like his/her style? Understand his/her approach to your divorce? If so, that's the right lawyer for you. Looking for someone who will encourage you to sneak into your spouse's computer/email/phone, haunt his/her Facebook messages, track his/her whereabouts and teach you everything you need to know about hidden, voice-activated recording devices? That's not me. Keep on looking.

How about a lawyer who charges rock bottom prices for a quickie divorce? Um, that's not me either. I'm definitely not cheap. Not even close. Keep looking.

Well, how about someone with a really low retainer? Once again, I don't quote low retainers because they are nothing but teasers. They tease you into thinking that you'll be divorced without having to invest substantially more. That can happen and sometimes does but I charge a retainer that reflects the realities and complexities of your case and I'm not trying to lure you in with a teaser retainer. If your case is finished without using up your retainer, you get money back. But if it doesn't, at least you understand that we did our best to start with a realistic retainer for your case.

Maybe you can find someone who will hold your hand and give you that emotional support you need to survive a divorce. Actually, I'm not that person either. Don't get me wrong, I work very, very closely with my clients to prepare the best case possible covering every conceivable angle but I'm not a therapist and I don't pretend to be one. Many people going through a divorce benefit from talking to a therapist. But I'm not a trained therapist and therapy is not my area of expertise. So I recommend you find the right therapist or support system to get you through the divorce because you are wasting your money if you expect e to provide you with that kind of emotional support.

Looking for good, honest-to-goodness legal advice? Now we're talking. That's where I excel. Smart, savvy and efficient. You came to the right place. Strong courtroom and negotiating skills. Solid case preparation. Our office can deliver.

And don't worry about being a first timer. We aren't. We've got 30 years of practice experience and the skills you navigate even the toughest divorces.

That's all you need. The right lawyer can do it all and do it efficiently. You don't need to become an expert in divorce law--that's our job. We'll get you through it and keep you sane in the process. We'll look after your interests and make sure you know what to do and how to get the best outcome in your case.

So if you're new to divorce; if this is your first divorce and you're not sure where to begin, begin right here, right now.

First Time Divorce

Georgia Child Custody

Wed, 08 Jun 2022 17:30:44 GMT

Navigate Custody Battles: Protect Your Children and Your Peace

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:

Conduct counts . A lot. How much time you spend with your children and what you do when you are with them means everything to the Judge. Are you dropping them off at a babysitter's or parking them in front of a TV? Or are you taking them for swim lessons and going to birthday parties with them? Need I add which one comes across better at trial?? Do everything you can to ramp up your quality time with the children—from meeting them for lunch during the day to maintaining regular contact with their teachers to attending school functions.

Do you enjoy tormenting the other parent by ignoring their phone calls? That's not good. You should allow plenty of time for the kids to speak with the other parent and avoid playing games. If the other parent calls, don't put them on a speakerphone or monitor the conversation. Try not to put time limits on the phone calls or limit them in any way.
Despise talking to the other parent? That's not good either . You are supposed to be co-parenting. That means you may have to pick up the phone from time to time and speak to them. You need to let them know when the children are sick, go to the doctors or have a parent teacher conference or something else going in their lives. Be the open, inclusive parent who goes out of his or her way to make sure the other parent is kept informed and in the loop.
Take the Time to Document Everything . The only way to avoid a “he said, she said” is to document everything. Judges have no idea who is telling the truth (or more of the truth) and really on documentation a great deal. If you document the phone calls, text messages, emails and other communications, the Judge is more likely to adopt your version of events than the other parent. Just make sure you are scrupulously accurate with everything you document. Don't write down that she only allowed the child to speak with you for 5 minutes if the call lasted 15 minutes and you were the one who ended it. Be sure to be detailed and accurate with everything you document.
Be Prepared to Pay. Custody cases require a lot of attorney time. They are hard fought battles because the custodial parents doesn't want to give up primary contact with the children or the child support that goes along with it and the noncustodial parent wants to reestablish primary contact and put and end to paying child support. There is a lot at stake in custody battles and nobody goes down without a fight. Your lawyer can spend more time on a custody case than any other kind of family law case. Be prepared to pay his or her fees timely if you want to see the case to the end. And, if you lose the case, you may end up paying the other party's attorney's fees as well. Still considering a custody battle? If so, make sure you go in with open eyes, be the absolute best parent you can be and follow your lawyer's advice about everything.

Think Outside the Square

Fri, 03 Jun 2022 17:21:06 GMT

When looking for a Marietta family law attorney, consider all attorneys who practice family law regularly in Marietta rather than limiting yourself to lawyers who have offices in Marietta.

At The Cherry Law Firm, we represent divorce and family law clients in Marietta and Cobb County as well as clients in Fulton, Cherokee, Bartow and Paulding Counties.

As Marietta family law attorneys, The Cherry Law Firm attorneys work extensively in Cobb County State and Superior Courts . Our office is conveniently located in Kennesaw, Georgia, with easy access to I-75 and Wade Green Road.

Our experienced and knowledgeable Marietta divorce attorneys will work closely with you throughout your divorce or family law matter. Our goal is to provide courteous, professional service at an affordable price.

If you need a Marietta divorce lawyer or a Marietta family law attorney, talk to the lawyers at The Cherry Law Firm.

Finding a Marietta Family Law Attorney

Child Custody Tips

Wed, 01 Jun 2022 22:55:12 GMT

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.

Legal custody refers to decision-making concerning the children and access to their school and medical records. Most cases award joint legal custody to both parties because courts want both parents to be involved in the children's lives. However, since parents do not always agree on what is best for the children, courts identify one parent as the "final decision-maker" or parent with "tie-breaking authority." Normally, the parent who has primary physical custody also has tie-breaking authority for educational, health care, religious and extracurricular activities for the children.
Physical custody refers to where the children reside. In almost all cases, the courts will designate one parent as the primary physical custodian and the other parent as the secondary physical custodian . The parent who has primary physical custody generally has the children during the week and the secondary physical custodian typically alternates weekends and holidays although there are many, many possible parenting time schedules that can be adopted by the courts.
Sole custody is rarely requested and almost never granted. Sole custody grants one parent children 100% of the time and the other parent is given no parenting time. This is rarely done and reserved for situations in which are parent has been criminally charged with abuse of the children or done something that the courts considers extremely harmful and/or dangerous to the children.
Custody decisions are made based upon "the best interests of the children." Many considerations are factored into custody decisions, including which parent has been the primary caregiver for the children during the marriage, the work schedules of the parties, the stability of each parent, past or current drug or alcohol abuse, and the ability of each parent to provide for the mental, emotional, physical, educational, healthcare and other needs of the children. In short, custody decisions are not made in a vacuum. They are highly case sensitive as well as judge sensitive.
When children reach the age of fourteen in Georgia, they can elect which parent they want to live with giving rise to a change in circumstances that can be the basis for a change in the custodial parent. A 14-year old can file an Affidavit of Election once every two years; however, the child's selection will not be controlling if the Court finds that it is not in the child's best interests to live with that parent.

Children between the ages of 11 and 13 can also file an Affidavit of Election and while such affidavits may be considered by the court, they will not provide a basis for a change in custody absent other evidence of a substantial change in circumstances.

Custody cases case be very challenging, emotional and costly. Before you get embroiled in custody battle, think about what is best for your children and your own level of commitment to fight for custody.

Quickies Are Overrated

Tue, 31 May 2022 22:49:27 GMT

Think Before You Rush: The Truth About Quickie Divorces

Quickie Divorces are much overrated. I know, I know; you can't stand your spouse and just want out. Like yesterday. And you are ready to sign on the dotted line just to be rid of him/her. Of course that can be done. And sometimes, that's all you need. Married for only one year; no kids; no assets?? A quickie divorce may be all you need to move on in life. Give it 31-days and you can have a divorce in Georgia. But if you have a longer term marriage or have acquired lots of assets or debt or if you have children, don't be fooled by the idea of a quickie divorce.

Divorce will have a impact that will be felt the rest of your life. Do you really want to rush through it without thinking through all of the ramifications? Are you sure you can be fair to yourself by rushing through the divorce? Because once you sign off on everything and the ink is dry, you are the one who has to live with whatever it is you agreed to. You don't get to go back and have a redo if things don't play out the way you expected them to. And don't fall for the: "we get along really well and he/she isn't trying to screw me." If you were getting along that well, you wouldn't be getting divorced.

So keep your wits about you. Don't sell yourself short by assuming that it's better to pay as little as possible for a divorce lawyer and get it over as soon as possible than take the time to do it right. Don't be pressured into a quickie divorce just to get it over with. Let your lawyer help you think through everything to make sure you are getting the best possible outcome even if it takes a little longer than you anticipated.

The people who are pressured into making quick decisions in divorce; the ones who don't think carefully about what they are giving up and how it will impact them in the future, are the ones who end up spending oodles of money down the road trying to undo their mistakes.

It's one thing to have an orderly, efficient divorce that gives you time to fully investigate the assets and debts and best interest of the children. It quite another to hurry up and sign off on something just to be divorced.

If you want the best outcome for yourself, be prepared to invest the time and money necessary to get that accomplished. Rushing into a lawyer's office without thinking things through is a recipe for disaster.

Chances are, your plan for divorce didn't suddenly occur in a blink of an eye and the end of your marriage will take more than a moment's thought and preparation. Be prepared to invest what you need to invest the time, energy and resources needed to get yourself the best outcome.

You owe it to yourself.

Dividing Debt in Divorce

Thu, 19 May 2022 22:45:27 GMT

Debt Incurred During Marriage Is 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 regardless of whose name they are in.

An equitable division of marital debt typically requires the parties to add up all of their debt and divide it in half with each party assuming responsibility for payment of half of the debt.

Marital debt does not include debt incurred prior to the marriage. Contrary to popular belief, equitable division of the marital debt doesn't always require that debts be split equally. Sometimes courts will allocate more of the debt to one party because the debt was incurred in connection with non-marital activities (such as business related travel that will be reimbursed by an employer or debt incurred in connection with an extra-marital affair). In other cases, courts will allocate more the marital debt to the spouse with lower income earning potential because the other spouse has substantially more earning power. This is very common when one of the spouses is a high income earner and the other is not working or a low income earner.

Courts may also allocate more of the marital debt to a spouse in lieu of paying alimony. However, where there isn't a substantial difference in the incomes of each spouse, marital debt is typically divided fifty-fifty.

While debt is never a good thing, it's comforting to know that marital debt is a joint responsibility even when it is not in the name of both spouses.

For more information, contact our experienced Georgia family law attorneys.

Should You Rush to File?

Fri, 13 May 2022 22:42:35 GMT

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.

The evidence in your case is what counts. The party with the most complete records, photos, videos, texts and emails has a very big advantage in court. If you are more organized and have a command of the facts, you will help improve the strength of your case by leaps and bounds over your spouse. If you are able to summarize and digest the evidence into charts and spreadsheets, you will improve your case even more.

Don't worry about whether you need to file first. Worry about how you are conducting yourself and whether your conduct is going to hurt or help your case.

The difference between an ideal outcome in court and a poor outcome often comes down to how you present yourself and how you come across to the Judge. Focus on the facts, the evidence, your witnesses and yourself and it won't matter who files for divorce first.

Should You Move Out or Stay?

Wed, 11 May 2022 22:38:08 GMT

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 interest in the home and furnishings. Not so in Georgia. You don't need to stay in the marital home. You can move out. Just make sure that you discuss how the bills will be paid when you move out so the mortgage or rent, utilities, insurance and other obligations are covered. While you can move out, you should not leave your spouse in a position where they are unable to pay the bills. You need to work out a suitable interim arrangement so all bills are paid even after you move out. And to protect yourself, consider taking photos or a video of all of the marital property before you move out.

While moving out will not jeopardize your equitable interest in the marital home, it may impact child custody if the minor children remain in the home with your spouse and you move out. To minimize any potential adverse effect on child custody, you should try to work out a parenting plan in advance of your move that gives each parent equal parenting time. If you reach a temporary agreement on shared custody, make sure the agreement is put in writing and signed by the Judge so it becomes an enforceable Order if either party fails to abide by its terms.

While it is possible to continue to share the marital home while a divorce is ongoing, it may be best for both parties and the children for one party to move out.

Who Gets The Ring in Georgia Divorces?

Fri, 06 May 2022 22:35:56 GMT

It's the age old problem.

You paid too much for the ring to begin with and you may still be paying on it so if the marriage doesn't work out and you are getting divorced in Georgia, who gets the ring??

Most judges will find that the ring was intended as a gift, was deemed to be a gift by the recipient and was delivered and accepted as a gift.

Gifts don't have to be given back. They remain with the person who they were given to.

However, when rings and other jewelry are purchased during the marriage by one spouse for themselves, it is considered marital property and not a gift.

In Georgia, marital property has to be equitably divided. Gifts can be kept by the recipient.

So fellas don't get too excited about getting the ring back. It almost never happens.

Is Your Judge Biased?

Tue, 03 May 2022 22:32:18 GMT

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 human and are sometimes influenced by things outside the courtroom that are beyond your control. Since that is an immutable fact of life, you should get over it and focus on what you can control. Control what you say and how you say it. Make sure you are honest, sincere and transparent.

If you are evasive and try to shade the truth, it will most likely backfire on you. If you hide important factual details from your lawyer, your lawyer will look unprepared or foolish. You can leave the courtroom feeling like “the judge was biased,” but the real problem may be the testimony you gave or the manner in which the case was presented.

What that means for you and your case is that, except in rare cases, you have to do the best you can with what you have. Prepare as well as you can and give it your best shot. If the judge doesn't like you, your lawyer or your case, it probably has more to do with your lawyer's lack of preparation or lack of credibility of you or your witnesses than the fact that the judge knows the other lawyer and occasionally has lunch with him or her.

In rare cases, judges recuse themselves because of some tie or affiliation with a party or case. If you suspect such a relationship, let your lawyer know about it immediately so he or she can bring it to the Court's attention. However, understand that such conflicts of interest are rare .

New Age Communications

Tue, 26 Apr 2022 22:29:03 GMT

Master Social Media: Communicate Clearly for Legal Success

If only we didn't have social media to contend with. Life would be so much simpler.

Remember when we only used typewriters to send messages to others? Probably not but there once was a time when social media didn't exist.

But that was then and this is now and things have changed.

We now have to deal with texts, emails, tweets, IMs, Instagram, Facebook posts and messages and everything else social.

Your messages are secret, so you say? Think again.

Our technology is so efficient at syncing to other devices and updating us 24/7 that we are often providing the ingredients for a very juicy showdown in court when your spouse discovers you've been carrying on with someone else.

Or maybe there is no one else. What harm can your texts and emails do?

And what harm can there be in venting and telling your spouse what a low life you think he/she is?

Quite a bit incidentally. Quite a bit.

With the right technology, deleted messages can even be recovered and resurrected in court.

So what to do you need to know about social media?

Think before you hit send.

Don't react to the mudslinging and don't make it personal.

Keep it courteous and focused on what is necessary and important to convey.

Assume the Judge will be seeing your communications so take the time to make a good impression every time you write something.

When you want to document an incident, event or conversation, make sure anyone can understand what you are saying. Oftentimes people use a form of social media shorthand which is problematic in court.

Don't use shorthand. Spell out everything.

Don't lecture your spouse.

State you position and move on if you don't agree.

Work at making sure all of your communications are mature, direct, to the point, and considerate.

Practice makes perfect.

If you haven't got the hang of it yet, keep trying until you do.

It's that important to your case.

Finding the Right Divorce Lawyer

Fri, 22 Apr 2022 22:17:08 GMT

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 their attorney is someone they will have to work closely with for months, or possibly years, and whose advice and counsel will guide them through one of the biggest challenges they will ever face in their lives.

Not every lawyer is right for every client. Each lawyer has their own unique style so be sure to match your needs with those of the lawyer you retain.

Here are five suggestions for finding the right lawyer for your case:

Interview at least two or three different lawyers on the phone and make sure you like the lawyer you retain. Try to get a sense of each lawyer's communication style—is this someone who is open, personable and easy to talk to and understand or do they use “lawyer speak” and/or make you feel reluctant to ask questions? If you can't imagine inviting him or her to dinner or spending 3 to 4 hours with this person, you may need to find someone else.
Try to assess each lawyer's approach to litigation. Is the lawyer advocating a well-reasoned and balanced approach to achieving what is best for you and your children or are they out to destroy your spouse regardless of the financial and emotional toll on you, your spouse and your children? Generally speaking, lawyers whose objective is to “slash and burn” are more interested in making money than helping you to through your divorce.
Make sure you understand how the lawyer bills. Is his or her retainer a deposit to be used for future services or nonrefundable the minute you pay it? Is the lawyer's retainer an artificially low “teaser retainer” that will be exhausted after a few hours of work? Keep in mind that a lawyer who quotes you a low up front retainer will oftentimes go through the initial stages of representation and bail on you as soon as the moment the real work begins. Your lawyer will need to devote time to preparing your case for settlement, mediation and trial and, if you go for a discount lawyer, you will get a substandard result.
Confirm that your lawyer ‘s work ethic and timeliness in filing documents, scheduling hearings and going to trial is what you are expecting. For example, some lawyers can file a Complaint within 24-48 hours of your initial consultation and will immediately schedule a hearing and move your case along. Other lawyers will take 30 days to file a Complaint and may wait 6 to 9 months before scheduling a hearing. Find out whether the lawyer has a lot of older cases that are still lingering around after years in the pipeline or whether the lawyer starts and closes cases more quickly. In many counties, you can go online and look up a lawyer's case history to see how quickly he or she moves cases.
Use all of your senses, including your sixth sense, when choosing a lawyer. Don't make a rash decision or ignore obvious danger signs when hiring a lawyer. If the lawyer's office is stacked floor to ceiling with a disorganized pile of boxes, that may be a sign that he or she will have difficulty organizing your case file. Find out whether your lawyer has a professional office staffed by courteous and knowledgeable staff or whether you will be speaking with someone at an answering service when you call the office. While there is nothing wrong with an answering service, divorce lawyers spend a lot of time in mediations, hearings and trial and you want to be sure that the lawyer you retain has the staff available to quickly get in touch with your lawyer when you need him or her and the office has ready access to information and documents when you need them.

Like all professionals, lawyers come in all different shapes and styles. Finding the right lawyer to fit your personality may take a bit of work but your efforts will be rewarded when you are represented by a knowledgeable and trusted advisor who is pursuing your best interests.

Don't Spend a Fortune on Your Georgia Divorce

Thu, 14 Apr 2022 22:11:09 GMT

Choose a Cost-Effective Lawyer for Timely Case Resolution

Contrary to popular belief, affordable divorce attorneys are not extinct in Georgia. You can find an affordable divorce lawyer in Georgia without costing a fortune but you may be surprised to discover where to begin.

To begin with, don't feel fooled by a low initial “retainer.” A retainer is nothing more than a deposit or down payment. If you were buying a car and had the option of paying a $1,000 initial down payment on a Chevrolet or a $950 initial down payment on a Mercedes, the fact that the retainer is less for the Mercedes wont change the fact that you will end up paying 3 or 4 or more times than thee cost to buy the Mercedes. A retainer can be any amount and is nothing more than a deposit for future services to be provided.

In reality, initial retainers have very little correlation to the actual attorney's fees you may end up paying in a divorce. The total amount of the attorney's fees will be based upon (i) the hourly rate charged by the lawyer and (ii) the total number of hours the lawyer bills for his or her services.

So be sure to look for a lawyer who charges a reasonable hourly fee based upon his or her years of experience and a lawyer who has a reputation for resolving cases in a cost efficient and timely manner. Check the lawyer's reputation and crosscheck that reputation with a background check of any prospective lawyer. In many Atlanta counties, you can easily research a lawyer's case history to get a tremendous history on the lawyer. For example, a ny one can look up a lawyer on the Cobb County Superior Court website and not only see the cases they currently have but see past cases as well. Looking up a lawyer and doing your own background check can provide a lot of useful information, including the lawyer's level of experience, history of successes and losses, prior case outcomes and average length of time the cases are open. In most instances, the longer a case is open, the more the lawyer is billing the client for his or her services. Lawyers who resolve cases quickly typically are doing so for a lot less money than lawyers who take several months or even years to resolve cases.

Also, online shopping may be great for sweaters and shoes but has limited usefulness when it comes to finding an affordable divorce lawyer in Georgia. Talking to prospective lawyers one-on-one before you make a decision is far more valuable. Ask the lawyers who you interview what kind of approach they take for resolving cases. Will he or she prepare a settlement proposal early on in the case or wait months or possibly years before pushing to settle a case? Is the lawyer likely to advocate lots of legal maneuvering that will only run up the fees in your case or is there a well-defined strategy that is utilized? Make sure the lawyer's approach to divorces is consistent with your needs.

After taking to a prospective lawyer on the phone, be sure to meet the lawyer in person. Make sure you are comfortable with the lawyer, can envision as close working relationship with him or her and don't have any nagging concerns about the lawyer's abilities. You not only need to feel like you are in good hands but you need to make sure you are comfortable confiding in the lawyer about everything and taking his or her advice to heart.

Finally, if you want an affordable divorce attorney in Georgia, do what you can to reduce unnecessary fees and expenses in your case. Don't call the attorney ten times a week if you don't want to pay ten separate billing entries for phone calls. Don't email the lawyer every time your spouse upsets you unless you are prepared to pay for your lawyer's time in reading and responding to the emails. And don't make your lawyer, or his or her office staff, contact you repeatedly for documents or information. In order words, if you want an affordable divorce in Georgia, you not only need to hire the right lawyer from the start but you need to respond to your lawyer's requests for information or documents in a timely and efficient manner.

Achieve Affordable Divorce in Georgia Through Strong Teamwork

It takes teamwork to get a great outcome in your case without breaking the bank. Divorce can be affordable in Georgia as long as you understand that it takes work to find the right lawyer to hire, commitment to being a good team player with your lawyer and discipline to ensure that both you and your lawyer are held accountable for timely and efficient results.

Timing is Everything

Fri, 08 Apr 2022 22:03:09 GMT

f you have a divorce, custody case, modification, contempt or any other kind of family law case, you should be aware of the importance of time. The time it takes your lawyer to file for you; the time you have to wait for a hearing and the time it takes to move your case along to a final resolution.

Why worry about time when you have so many other issues of concern? Because time is money. Every day your case is pending increases the likelihood you will be billed more in attorney's fees. So the longer your case lasts, the more you pay in attorney's fees. The faster your case is wrapped up, the less you pay in fees. It's real simple.

Choose Wisely: A Fast Lawyer Saves You Money!

So who you hire to represent you and how fast he or she moves your case along can make a big difference to your pocketbook. You can burn through a lot of money if your lawyer drags out your case. A lot of money can be wasted that way.

Lawyers know who moves fast and who drags things out. But if you're not a lawyer and you're wondering how fast your lawyer moves cases, do a little research. Look up the lawyer's cases. It's public information that you can easily access. See how many cases he or she closed last year or the year before and how many cases are closed within 3 months, 6 months, 9 months or longer. Do your homework before you plop down a wad of money for a lawyer. It may save you a bundle in the long run.

And don't discount the peace of mind that comes with finishing up a case sooner rather than later. Not only will you save money by moving your case along faster but you may save your sanity as well. And that's priceless.

If you have a case that isn't moving, stay on top of your lawyer. Ask questions. Demand answers. And insist that the case progress to a final conclusion.

Justice For All

Tue, 05 Apr 2022 21:58:35 GMT

We all know that if anyone messes with us, we can use the legal system to get justice. We can take our spouse to court to sue them for divorce and ask the Judge to punish him or her for everything that we have been though during our marriage. There's always court. And courts and judges and juries know right form wrong and they can make things right. Or so the story goes. It's a nice idea if only things worked that way in the real world.

Unfortunately, judges and juries are people too. They don't always see things the way you see them. They don't always agree with your view of the past or the present. And they don't always give us what we ask for even when we deserve it.

Court is an option. It's just not an ideal option in most cases. It's costly. Very costly. It's time consuming. And it's not easy to convince a judge or jury to give us everything we ask for. Judges and juries are harsh critics. They can be unforgiving. And other lawyers can sometimes get in the way. They have a client and a story to tell and they will work to defeat whatever it is you are seeking.

Hearings and trials don't always lead to justice. Sometimes they lead to unjust outcomes. That's just reality. Don't assume that everything will turn out perfect in court. It won't. Even when you have a great case, you can't be assured of a great outcome.

So go to court if you must. Go to court if you want to. It's your right to a trial and your right for 12 people to decide the outcome of your case. Just don't expect perfect justice. That happens on tv but rarely in real life.

Uncontested Divorce Lawyers Are A Dime A Dozen

Fri, 01 Apr 2022 21:55:55 GMT

Understanding the Reality of Uncontested Divorces in Georgia

Why are there so many uncontested divorce lawyers in Georgia? Are most divorces in Georgia contested or uncontested?

The truth is only a small percentage of divorces are uncontested. Truly uncontested divorces are normally short-term marriages, with no children, no assets and no debt. The divorces are uncontested because there is nothing to argue about.

And that's rare. Most people like to think they can get an uncontested divorce. They imagine a quick, low cost, alternative to divorce with fewer headaches than most divorcing couples. The reality is that it's not easy to reach agreement on how to split assets, divide debt, provide for children and reach agreement on parenting issues. We all tend to live complicated lives and if it were that easy to reach agreement on the things that matter to us, there would be far fewer divorces in Georgia.

It's not easy to divorce and it's not always possible to agree on everything concerning your divorce. Rather than trying to convenience yourself that an uncontested divorce is the best thing for everyone, think about what is best for you (and your children if you have any) in 6, 12 or 24 months. Rushing into an uncontested divorce may not be in your best interest in the long run.

If you hire an uncontested divorce lawyer in Georgia , make sure you know what you are doing. Many uncontested divorce attorneys in Georgia will withdraw from your case if your divorce becomes uncontested. So if your uncontested divorce does become contested, you will have to hire a second lawyer, and incur far more expense, simply because your uncontested divorce attorney is unwilling to handle a contested cases.

Some uncontested divorce attorneys in Georgia are unwilling or unable to go to court. And if you hire an attorney who is unwilling to go to court in the event settlement negotiations break down, you may not be getting the best advice in your divorce. That's like getting advice from an emergency room doctor who is unwilling operate.

From an attorney's perspective, it's easy to specialize in uncontested divorces. Uncontested divorces are easy, no stress cases that don't require much effort. Which is why uncontested divorce attorneys in Georgia are a dime a dozen. It only takes a few minutes to find a cheap divorce lawyer to file an uncontested case. It takes a lot longer to find an attorney with the skills training to advise you of the risks and rewards of a particular agreement and the confidence to back you up in court if the negotiations fall apart.

Final divorces are final. If you wake up six months after the divorce is final and realize you've made a mistake, it's usually to late to do anything about it.

Protect yourself and your children by hiring the best Georgia divorce attorney you can afford and making the most informed, thoughtful choices before the ink on your divorce is dry.

Temporary Hearings

Thu, 31 Mar 2022 21:49:00 GMT

Master Your Temporary Hearing: Focus on What Matters Most!

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 presented to the Judge has to be targeted, precise and directly relevant to the temporary issues in the case.

Temporary issues typically include interim child custody, child support and alimony issues as well as who will have temporary possession of the marital home and responsibility for paying the bills until the final decree is entered. That means you will have very little time to present a host of important issues to the Judge. Rather than presenting a documentary of the past 10+ years of your marriage, you will in essence be giving the Judge a polaroid snapshot of what is going on now and why you need the relief you are currently requesting.

At the end of a Temporary Hearing, you will have succeeded in your mission if the Judge has a basic understanding of who you are and what you need the relief you have requested. You must be considerate of the Judge's time and scheduling demands and be ready to immediately convey the essence of your case. You must be clear, consistent and concise.

Here are a few more things to keep in mind:

Dress appropriately . Hoodies, sneakers, flip-flops, jeans and tee shirts have no place in a courtroom. Dress as if you were going on a job interview at IBM. If you have long hair, make sure it is pulled back and not all over the place. Look like a professional. Taking the time to dress up for court conveys to the Judge that you are taking this case seriously and understand and respect the rules of courtroom decorum.
When you are testifying, be respectful of the lawyers and Judge. Answer questions directly and don't argue with opposing counsel, try to talk over objections or continue to testify when the Judge is speaking. If you are evasive, the Judge may interpret that as an effort to hide the truth. While you need to answer every question, you need to be sure to explain every answer that requires explanation. If you are asked your name, you should be able to answer without any further explanation. If you are asked if you beat your spouse and you did so, it may be necessary to explain that you beat your spouse after he/she knocked you in the head with a frying pan and picked up a gun and threatened you. Give explanations when required. Don't add explanations where none are needed.
Own up to your own bad behavior. If your conduct has been less than stellar, acknowledge your mistakes and make it clear that you recognize them and are working to do better in the future. Don't try to come off as Mother Teresa or Gandhi. You aren't perfect or completely selfless and shouldn't pretend that are. Be honest about where you have faltered and things you could do better and you will be more believable to the Judge.
Allow your personality to come through when you testify. Judges hear hundreds of similar sounding cases every month and they all start running together after a while. If you're testify consists mostly of “yes's” and “no's” and short one or two word sentences, the Judge will no concept of the real you. You don't want to sound like every other divorcing parent. It is much better to be real, reveal a little about yourself and let your true self shine through.
When you are not testifying, you should be sitting quietly at counsel table. Be attentive, not distracted, and don't do anything to disrupt the witness who is testifying, such as making faces, snorting or shaking your head vigorously every time you disagree with the witness. Resist the urge to constantly scribble notes on a notepad or whisper in your attorney's ear while your spouse and other witnesses are testifying. If the testimony is against you, don't magnify its importance by your own dramatic reaction to it. Be clam and try not to distract your attorney from listening to what is being said.
Focus on the big picture . It's not necessary to refute every single allegation that your spouse raises. Keep your eye on what is important in the case and make sure your testimony supports the key points in your case. The more issues your raise, the more likely it will be that the Judge is distracted from the main issues and decides can miss your message. Temporary Hearings set the tone for the final hearing in your case. Judges tend to adopt the same or similar findings at the final hearing that they put in place at the Temporary Hearing. Don't overlook the importance of the Temporary hearing and its impact on your case.

For more information, reach out to our experienced Georgia family law and high asset divorce attorneys.

Easy Ways to Help Your Case

Tue, 29 Mar 2022 14:36:25 GMT

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.

Journal every day . Keep a log of every communication with your spouse, every difficult encounter and every time your spouse refuses to be reasonable. You want to show the Judge in your case that you have a trustworthy, reliable historical record that will serve as the blueprint at trial. And you want your journal to show that you have consistently done the right thing in all of your interactions with your spouse.
Always take the high road. This one is more difficult to explain to clients. It's easier to give a few examples. When your spouse sends you a vicious text message accusing you of something, taking the high road means you don't engage. Simply redirect to what you should be focused on, such as your children, and leave it at that. Don't participate in a long, back and forth, email mail or text message exchange with your spouse that only proves you are both immature, angry and unable to focus on your children. When your spouse resorts to name calling, don't strike back. Ignore it. When your spouse threatens to ruin you, get you fired or call your boss, ignore it. That's taking the high road. Don't engage in low level communications; don't threaten; don't attack your spouse; don't make your sole objective to harm your spouse.
Be transparent. Not disclosing all of your assets is illegal and will lead to trouble. Full disclosure is required. Do you really want to pend tons of money on attorney's fees fighting necessary disclosures? Not revealing key facts to your lawyer can also hurt you at trial. If you've had an affair, admit it. Don't try to pretend otherwise. Your lawyer only knows as much as you tell him or her. Concealing information will not improve your chances of winning. Lying will definitely hurt your case. Don't leave out the facts when dealing with your spouse or your lawyer. It is far better to confront issues openly and honestly than to cover them up.
Be consistent. Don't sit down with your lawyer and map out a strategy only to pursue a different strategy when dealing with your spouse. You need to work as a team with your lawyer and stick to your guns. Being wishy washy and repeatedly flip flopping will not only cost you more in legal fees but will get you less of what you want in negotiations.
Be organized. Being organized can significantly help minimize your attorney's fees. Delivering all of the financial records to your attorney in a neat and correctly labeled stack will help streamline your case. Responding to discovery as soon as it is sent to you without your lawyer having to send fifteen follow up emails will also save you money. Going one step further and creating Excel spreadsheets and charts or other summaries will reduce the amount of time your attorney spends doing these tasks. Anything you can do to organize your case will help you zero in on the issues and minimize fees.
Be flexible. In real life, we all have days when we are running late or unexpected issues arise that require a change of plans. Be flexible when your spouse asks you to be. Don't rigidly adhere to a parenting schedule or exchange time when your spouse has a conflict beyond his or her control. Showing that you are flexible is one way of convincing a judge that you are committed to doing the right thing.

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.

Double Dating and Divorce

Fri, 25 Mar 2022 21:32:00 GMT

Why Double Dating During Divorce Can Ruin Your Future

When I was in high school and two couples went on a date together, we referred to it as double dating. Today, I think of double dating a little differently. Double dating in divorce is what I call dating someone while still married and not yet divorced from your spouse. No one wants to hear that advice because so many people do it. But it is such a wickedly bad idea. So so bad on so so many levels. For so many reasons. Yes, it will hurt your case!

It will make you look bad to the Judge.

It will make you look even worse if you have kids.

Not a good lesson in morality for kids, is it?

And it just looks and sounds so cheesy. Just don't do it. At least not if I am representing you.

Having someone new clouds your judgment. In a big way.

You need to stay grounded in a divorce.

You need to stay focused in a divorce.

You need to make good decisions in a divorce.

You don't need to be influenced by a third party in a divorce.

You don't want to make decisions based upon a potential new relationship.

Assume you will be alone and on your own after your divorce

Now, make the best decisions you can for yourself or yourself and your children if they are under 18. Don't rely on someone else being there to pick up the pieces after your divorce.

It oftentimes doesn't work out that way. Something spooks them and they are gone and you have no marriage and no one else waiting in the wings. So face it. Not a good idea to start a new relationship before you are finished with the old. If it is real love, he/she will be there when you are finally divorced. If it wasn't real love, you haven't lost anything anyway.

Do yourself a favor and don't date anyone else while going through a divorce. Don't text, don't email, don't kiss, don't hold hands and don't have sex with anyone while going through a divorce. Even if you think you've found the George Clooney or Angelina Jolie of your dreams, wait until your divorce is over to begin a new relationship. Dating someone new while going through a divorce is the quickest way to mess up your case.

Drug Issues in Custody Cases

Tue, 22 Mar 2022 21:25:32 GMT

Breaking the Cycle: Drug Use and Custody Battles Explained

Drug use is rampant in the United States and Georgia is no exception. Many people end up divorced as a result of 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 have done so in the past.

Judges understand that drug use is not ideal for parental oversight and control. However, drug use is typically not the sole determinative factor in custody determinations.

Where drug use is alleged, both parents will be required to undergo drug testing--usually on the day of court. A positive result may result if an award of custody to the other parent or may only result in a stern warning from the Judge depending on the drug that shows up in the test results and the level in his or her system.

There are many factors that go into a custody decision and drug use is only one. Courts are concerned with the best interests of the child and safety is first and foremost. While Judges will never condone illegal drug use, they may determine that it is not a significant threat to the child's safety and award custody to a parent who is using drugs or who has used drugs in the past. Judges try to look at the whole picture and make a decision based upon the overall needs of a child.

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.

Winning Divorce Strategies

Fri, 18 Mar 2022 21:18:58 GMT

“Don’t Fall for the Oldest Divorce Trick: Protect Yourself!”

Lawyers know that there is an “oldest trick in the book” when it comes to divorce.

The "trick" is for one divorcing spouse (typically the one who filed the lawsuit) to convince the other spouse that they are looking after their best interests and urge them to: (a) hire the same attorney to minimize attorney's fees or (b) do an uncontested divorce or (c) waive customary discovery and rush into a settlement.

The key to this “trick” is to convince a spouse that lawyers are the bad guys who are supposedly only out for attorney's fees. That fear is used to convince the other spouse to give up, throw in the towel and agree to whatever is proposed rather than pay dreaded attorney's fees.

That, my friends, is the “oldest trick in the book in divorce cases.”

So how do you make sure you don't fall for the “oldest trick in the book?”

First and foremost, do your own investigation and think for yourself.

Do you really think that the spouse who you are in the process of divorcing suddenly has your best interests at heart? Come on, now, think about that. Regardless of how well meaning and genuine your souse may appear, placing your trust in him or her while going through a divorce is a recipe for disaster. Except in exceedingly rare cases, the spouse who is seeking a divorce from you is putting his or her own interests first, not your interests. More than likely, they could care less whether you spend $1 or $1 million dollars on attorney's fees as long as they don't have to pay them. They want as much as they can get as fast as they can get it. And they will tell you whatever they can to convince you that it is a bad idea to (a) get your own lawyer, (b) engage in discovery or (c) put any time into pursuing anything more than what they have offered to settle the divorce. Don't be fooled.

Second, most people have very little to gain and far more to lose if they rush into a settlement agreement. If you waive “discovery” (and give up your right to insist on full financial and other disclosures), you may very likely be walking away from joint marital assets that you have a legal right to as well as potential spousal support. Is that really in your best interests? The litmus test is to ask yourself how you would feel if, six months after your divorce, you see you ex-spouse in a new car/house with their new paramour? Would you be angry that you got duped out of your portion of marital assets or spousal support? If so, it might not be, such a good idea to rush into things.

Third, if there is any possibility that your spouse is hiding assets or concealing an extra-marital relationship, you should never, ever rush into a divorce. Rushing benefits the cheating, lying spouse, not you.

Fourth, courts typically level the playing field when it comes to attorney's fees.
If one spouse controls the purse strings and has access to all the money, that spouse is, in almost all cases, going to be paying attorney's fees on behalf of the other spouse. Judges want the parties to be on equal footing during a divorce so neither one gets an unfair advantage.

Fifth, unless you have only been married for a very short time and have no assets or debt to divide, you owe it to yourself and your future peace of mind, to get good legal counsel to represent your interests. Don't sell yourself short; it's your legal right to get information in the divorce process and to get what you deserve. If you waive those rights, you will have to live with regret for the rest of your life.

Not all lawyers are out to soak you in attorney's fees. Some are genuinely interested in getting you the best result you can get in a timely and efficient manner. Not every lawyer drags cases out forever or works to spin litigation out of control solely to run up fees. You need to do your homework, find the right lawyer for your case and insist on getting good representation. Stand up for yourself, be on the look out for the “oldest trick in the book” and trust your lawyer's advice.

For more information and strategies for your divorce, contact our experienced Georgia family law attorneys.

Georgia Financial Affidavits

Mon, 14 Mar 2022 21:14:05 GMT

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 Domestic Relations Financial Affidavit?

A Domestic Relations Financial Affidavit is a sworn statement under oath listing your assets and summarizing your monthly income and expenses.

Where Can I Find a Domestic Relations Financial Affidavit?

You can click here for a DRFA in excel or click here for a DRFA in a pdf fillable format or you can obtain a hard copy of the form directly from our office upon request or from the Clerk of Court in the County where your case is pending.

When Do I Need to Complete a Domestic Relations Financial Affidavit?

You need to complete your Domestic Relations Financials Affidavit as soon as you can, attach two current paystubs and provide it your lawyer. It will be reviewed by your lawyer and filed with the Court (minus your social security number and other personal information) at least fifteen days prior to your Temporary Hearing or Trial.

Why Do I Need to Complete a Domestic Relations Financial Affidavit?

Domestic Relations Financial Affidavits are mandated by Georgia Superior Court Rule 24.2 and are used by judges to determine the proper amount of child support based upon the income of the parties and the amounts paid for the children's healthcare. They are also used to determine an appropriate amount of spousal support.Filling out a Domestic Relations Financial Affidavit may seem like a tedious waste of time but they are frequently the centerpiece of cross-examination at a hearing or trial. They are the most frequently used tools for cross-examination so keep in mind the following tips when completing your Domestic Relations Financial Affidavit:

Take your time to accurately report your income, expenses and assets . If you fail to report your total income, you will damage your credibility. Income earned from all sources, even cash income from a side business, such as tips or unreported earnings, must be shown on your DRFA even if that income has not been reported on your income tax return.
If you own your own business and pay your personal expenses through the business, those personal expenses need to be added to your reported income. For example, if your business pays for your home cable, gas or electric bills, you need to gross up your income to include those amounts unless you legitimately operate your business out of your home.
All assets must be reflected on your Domestic Relations Financial Affidavit even assets were acquired prior to the marriage that are non-marital separate property. This means that if you received an inheritance and have kept it in a separate account, you still need to list it on your DRFA. If you have a bank account or safety deposit box that your spouse doesn't know about, you still need to report it on your DRFA. All assets of any significant value need to be listed on your DRFA.
Avoid the temptation to inflate your expenses. Many people pad the expenses portion of their Financial Affidavit with high estimates for monthly groceries, eating out, clothing, gas and vacations. The Domestic Relations Financial Affidavit is designed to give the Court an accurate financial snapshot of you right now; it is not a creative writing project. Being less than candid when filling in these figures can result in you appearing foolish and intentionally deceitful at trial. If you don't go on vacations, don't include money for vacations. If you work at home and don't need to dress up, don't include a large monthly expense for clothing. When you report your monthly expenses for groceries and eating out, use reasonable, good faith estimates. Be honest, be accurate and don't try to fool the court.

Filling in a Domestic Relations Financial Affidavit is time consuming and you may be tempted to rush through it and put down anything just to get it done. Don't fall into that trap. Assume that you will be subjected to extensive cross- examination about the information on your Domestic Relations Financial Affidavit. Get it right the first time and you can sleep easy at night and not have to worry about what you wrote down and how should respond when questioned about the information you recorded for your income, assets and expenses. The truth speaks for itself and serves you far better in the long run.

For more information, contact our experienced Georgia family law attorneys.

Courtroom Do's & Dont's

Thu, 10 Mar 2022 14:08:44 GMT

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 divorce in Georgia, keep these pointers in mind:

Clothing . No hats, hoodies, flip flops, sneakers, jeans, tee shirts or visible piercings or tattoos. Men should wear a jacket and tie with dress slacks and conservative leather soled shoes. Try to stick with blue and black jackets and slacks and a light colored button down shirt. Bright colors look great but not so much in a courtroom. Women should wear a dress (not too short) or slacks and a subdued top with medium height shoes.
Grooming . Both men and women should be well groomed with hair that is freshly washed, combed, pulled back and off your face.
Phones, IPADS and Laptops. Turn your cellphone completely 100% off; it should not ring, vibrate, chirp or make any other noise in the courtroom. Don't talk, text, email, chat or even whisper in the courtroom. Judges can see and hear everything and are easily distracted and offended when you are making noise.
Children . Don't bring children to court. Leave them with a babysitter.
Food . Don't chew gum, eat or drink in a courtroom and don't brink bottles or food of any kind into the courtroom.
Manners . Be polite, courteous and respectful of everyone, including, Judges, courtroom bailiffs, attorneys, your spouse, etc. If you accidentally interrupt someone, apologize to the person you interrupted. If there is an "objection" when you are testifying, stop in mid sentence and don't speak until the Judge says you can. Be uber polite at all times.
Testimony . If you are testifying, be clear and direct about what you are saying. Judges are pretty smart. They catch on fairly quickly if you try to hoodwink them. I don't recommend it. Take your time when you are speaking, think about what you are saying and be as honest as you possibly can. Don't argue with the Judge, the attorneys or your spouse and leave the bottled up emotions at home. Try not to point fingers, be overly critical or paint yourself as a saint. I have been practicing law for 25 years and have yet to have a saint for a client. Be honest and truthful and own up to your misdeeds.
Demeanor . Try to be pleasant, concise and have a realistic perspective. If you can step back from the situation and tell it like it is, you will be much better off. Too often the parties in a case are so bitter and focused on what they want that they lack perspective. Don't ask for too much or you may end up with nothing. Try to limit your request to what is reasonable and appropriate under the circumstances.

Remember that courtrooms are still hallowed grounds. Understand that how you present yourself in person, from your dress to what you say and do, will be scrutinized and dissected by the Judge. Don't overstate your case or exaggerate to make yourself look better. The more genuine, sincere and humble you are and the more respect your show, the better off you will be in court.

Do You Need a Divorce Lawyer?

Mon, 07 Mar 2022 20:44:24 GMT

Not sure if you even need a lawyer? While every case is different, you may be able to avoid hiring a divorce lawyer if:

You have been married less than two years .
You do not own a home or other significant assets.
You have maintained separate bank accounts and credit cards .
You do not owe the IRS and the IRS is not likely to audit or penalize you for any tax returns filed while married.
Alimony and spousal support are not an issue in your case.
You are committed to taking the time to learn what paperwork and forms you need to file to get a divorce in Georgia.

If you satisfy all of the above criteria, you may be able to avoid hiring a divorce lawyer. Just keep in mind that Judges are not going to teach you how to file your own divore case. When you walk into court, you are expected to know what to do and are not given an opportunity to learn how to file for divorce. That's something you need to teach yourself in advance.

And if you want to learn how to do it yourself, don't ask a lawyer to teach you what to do unless you are prepared to pay for the lawyer's time.

Everyone else will be better off hiring a Georgia divorce lawyer and, of course, following their lawyer's advice. It doesn't make sense to hire a lawyer and then spend all of your time soliciting the opinions of others and second guessing your lawyer rather than following his or her advice. There is a reason lawyer's are paid a lot of money: they've been there and done that and they know what needs to be done to help you get the best outcome in your case.

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.

Don't make the mistake that many people make thinking that they will be better off in the long run if they "do it themselves" or, worse yet, allow their spouse to hire a lawyer and assume the documents prepared by your spouse's lawyer provide you with the protection you need.

Your spouse's lawyer represents your spouse, not you. A mediator represents neither of you and cannot give either party legal advice. A mediator's sole objective is for the parties to reach agreement. Neither your spouse's lawyer or an independent mediator will protect your interests.

Think carefully before you forgo a lawyer. Any agreement you reach and file with the court will be binding and costly to try to reverse.

So before you decide to go it alone, ask yourself if you are better off paying to get the advice you need or going commando and risking an adverse outcome that you have to live with for the rest of your life.

Delay Tactics in Divorce

Fri, 04 Mar 2022 20:29:28 GMT

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 your lawyer's cases are tired and see how many are opened and closed within six months, a year and two or more years. If your lawyer is diligent in moving cases, he or she will have a lot of cases open and close within six months or a year and far fewer, if any, older cases that are still open.

Lawyers who are reluctant to try cases either because they don't like preparing for trial (which takes a lot of time and effort) or because they are uncomfortable being “on the spot,” often use every means at their disposal to s-l-o-w down cases.

Some lawyers “pretend” to have conflicts when none exist. A conflict exists when a lawyer is scheduled to appear in court in two different cases at the same time. Conflicts are a very common occurrence for all family law lawyers and are handled by a standardized rule that prioritizes criminal cases over civil cases and older cases over newer cases. Conflicts occur so routinely that lawyers and judges are very good at resolving them. It is not uncommon for lawyers to have to appear in more than one court on the same day. Many times lawyers appear simply to report on the status of a case, which may take an hour or less—thereby freeing the lawyer up to handle another case the same day. Many apparent conflicts are easily addressed without any significant delay of other cases. However, when conflicts are falsified (as they sometimes are) or are so repeated that the case cannot get in front of the judge, a motion and/or “special setting” must be requested.

Clients can delay cases six ways to Sunday. Clients can feign illness when they are not really sick and run to a doctor and get a medical note to use as a basis for requesting an emergency medical leave of absence. I had one case where the other party filed a medical leave for stress and high blood pressure, then medical leave on a second occasion for cardiac/heart irregularities and finally then a third medical leave for in house residential treatment for alcoholism. It didn't take long for the Judge to realize that the repeated delays were intentional and to impose sanctions.

Clients can also delay their case by frequent travel, which interferes with the lawyer's ability to schedule the case for hearing or trial or by requesting that the lawyer file motions with the court (which tend to slow cases down). And then there are delays caused by judges. Like lawyers, judges also have a style of their own and a reputation for either moving cases along or allowing them to linger. Judges have to prioritize criminal cases over civil cases but some Judges are clearly more efficient at trying cases than others. For example, some Judges will allow parties to spread out a temporary hearing over three days while others will pressure the lawyers to wrap it up in one day. Some are better than others at forcing lawyers to settle or try their case.

If you have a diligent lawyer but the case seems to be taking longer than necessary, investigate the facts before drawing any conclusions. Is the lawyer delaying the case or are you or the other party causing the delay? If the judge is the source of delay, you'll need to be patient and understand that the delay is beyond your lawyer's control and you will eventually get your day in court.

For more information, contact our experienced Georgia family law attorneys.

Parental Alienation

Tue, 01 Mar 2022 20:23:39 GMT

Protect Your Children: Break the Cycle of Parental Alienation

Divorce is hard on everyone and especially tough on children. Don't be tempted to use your children to get back at your ex spouse; it will only damage your children in the process. Children need to develop good, strong, stable relationships with both parents.

Parental alienation is a dangerous form of manipulation and can permanently destroy parental bonds and leave lasting scars.

Keep these lessons in mind to avoid alienating your children from the other parent:

Don't blame your ex for your lot in life. If you are unhappy with the outcome of your divorce, don't whine to your children. They are not to blame for where you are in life and they are not responsible for reversing your fortunes.

Don't criticize your ex in front of your children . This goes without saying but is alone of the most difficult challenges you will face after divorce. Regardless of how you feel about your ex, your children need his or her love and support and need the best possible relationship with Mom and Dad. Don't ruin that relationship.

Don't use your children as messengers to convey information, couriers to deliver documents or payments or spies to gather information about your ex. Communicate directly with your ex and leave the children out of it.

Don't discuss your divorce, the settlement terms or any other adult issues with your children. The details of your divorce should be reserved for you and your spouse. If you feel the need to “share,” do so with your friends or adult family members-not your children. The less the children know, the better.

Don't force your children to take sides. Children should not be forced to choose sides. They are not responsible for your marriage or your divorce and should remain neutral. Children shouldn't be pulled into their parents' divorce or be forced to fight your battles for you.

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.

Don't Drink the Kool-Aide!

Sat, 26 Feb 2022 20:09:04 GMT

So who among us doesn't like a cold, refreshing glass of Kool-Aide? Right? It's the best.

The problem is it isn't good for you!

So what does Kool-Aide have to do with family law?

When I say “Don't Drink the Kool-Aide” I really mean: “Don't try to convince your lawyer that you are Mother Teresa or Gandhi.” Mother Teresa and Gandhi were one of a kind.

You will do your case more harm than good if you start believing that you are perfect or holier than thou. You aren't. Admit your faults; own up to them in every sense of the word and vow to do better. That's what us humans do when we try to do good. We recognize our flaws and faults and work on improving ourselves because we understand and appreciate we are not perfect. That's what you should do too.

Recognize your mistakes—no matter how big or small—and work on doing better next time. Be prepared to acknowledge the error of your ways in court. Denying them or pretending they don't exist will only frustrate and upset your judge (and we never want to do that).

See the Whole Picture: Prepare Realistically for Your Case

After you hire a lawyer and begin preparing your case, it's easy to start looking at the facts through rose-colored glasses. Naturally, you want to focus on all of the good things you have done to show that you are the more deserving party in the case. After awhile you may even start thinking that you will get 100% of what you want at trial.

The problem is, in the real world, there are always two or more versions of the facts. If you drink the Kool-Aide and your lawyer does the same, you will be wasting precious time in your case preparations when you could be focused on addressing the concerns about your behavior that your spouse is going to raise at trial.

Remember that the best offense is often a go od defense. You should exhaustively recall any and all “secrets,” “vulnerabilities,” “prior misconduct,” and anything else that is likely to come back to haunt you when the spouse you confided in while married is now sitting across the aisle form you at trial. Trust me, there wont be any “secrets” left once the case begins. Everything you have ever said and done will be front and center in your case.

So make sure you share everything with your lawyer—from the little white lies to your most embarrassing and offensive conduct that could surface at trial. Don't hold anything back. If you don't tell your lawyer, you won't be able to address how Tell it all so your lawyer can help you put your conduct in the proper context.

Above all, be honest with yourself, your lawyer, and the judge. Don't pretend that you are the father or mother of the year or spent the better part of twenty years selflessly slaving away for your spouse. Take full account of who you are and the mistakes you've made and be prepared to articulate those self-reflective lessons to the court.

In the end, your credibility with the court depends on you presenting yourself in an honest light. So set aside the Kool-Aide and be real. Your case depends upon it.

Putting Kids in the Middle

Wed, 23 Feb 2022 18:25:12 GMT

Want to know how to get a Judge mad?

Put your kids in the middle and you'll find out fast.

Here are ten pointers to keep in mind to help you stay out of trouble.

Don't use your children to gather information about your ex . They should not be used as your personal spies.
Don't give child support checks to your children to give to your ex. That's a big no-no.
Don't tell your children that you would like to spend money on them but can't because of the money you are paying your ex for child support or alimony.
Don't plan events that overlap with your spouse's parenting time . It will only create a conflict and the kids are put in the middle.
Don't encourage your children to ask your ex for permission to go places with you or do things with you without first speaking with your ex. You are merely preparing the children for disappointment if you proceed.
Don't discuss the divorce with your children . They are children. They didn't cause the divorce and shouldn't be burdened with anything more than they areadly are.
Don't tell your children that your ex caused the divorce.
Don't ask your children to take sides against your ex.
Don't bad mouth your ex to the children.
Don't turn the children into your sounding board. Talk to a counselor or a friend; not your children.

It may be tempting to drag your children into the middle of your divorce but it is tremendously harmful to do so. Judges care about children, who are the innoncent ones in a divorce. You should too. Put your children first and foremost and keep them out of the middle.

Our Guide to Georgia Divorce Mediation

Mon, 21 Feb 2022 18:13:47 GMT

Mediations are an ideal way to settle divorce, custody and other family law cases.

Are Mediations Required in Georgia?

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 mediation lawyer, they will help select the best mediator for your case and will be present with you throughout the mediation.

What Do Family Lawyers Do in Mediation Cases?

Family law lawyers mediate cases all the time and are familiar with the skill set and style of most mediators. For example, if I know the other party is hardheaded and unreasonable, I am going to insist that we have a very outspoken and strong mediator. If one party is uncomfortable around women in authority positions and not likely to pay attention to what a female mediator has to say, I am going to push for a male mediator. Before I schedule mediation, I look at the parties, the lawyers and the issues and try to identify mediators who are most likely to be able to successfully mediate the case. Then I prepare my client.

Clients need to understand that the mediator is not their lawyer. So the client must listen to and follow my instructions and give due consideration what the mediator has to say but understand that only your lawyer is representing your interests at mediation. Mediation is an opportunity for a lawyer with strong negotiation skills to shine and to get you the best outcome you can get without having to pay the additional legal fees to prepare for trial and rolling the dice at trial. There are some things that I do to help clients prepare for mediation that I only share with my clients. If you are already a client, ask for a copy of my eBook on “Mediation Secrets for Success.”

How to Prepare for Your Mediation Session

Regardless of the case, you need to prepare in advance for mediation by gathering all of your up-to-date financial records for your wages, taxes, credit cards, bank accounts, mutual and stock funds, 401ks, IRAs and pensions. You should also have a current estimate of the fair market value of your home and all boats, motorcycles and motor vehicles owned by the parties. And up-to-date means up-to-the-minute, not records from six months ago. If you own a business, you must bring all relevant financial records for the business and the business assets to mediation.

There is nothing mysterious about mediation. A typical mediation will start with a joint meeting with the lawyers and the parties. If you bring a friend or family member to mediation, he or she will not be allowed to sit in on the mediation.

Everyone who attends the mediation has to acknowledge in writing that the mediation is confidential and if the parties are unsuccessful at mediation they cannot repeat anything in court that they learned at the mediation. Once the parties acknowledge the confidentiality of the mediation process and the impartial role of the mediator and their obligation to pay the mediator at the close of the mediation, the mediator typically meets with each side independently to determine what they are seeking to resolve the case. The mediator then works with the parties to discuss how realistic each party's expectations are for resolving the case. The parties remain in separate rooms throughout the remainder of the mediation while the mediator works to come up with creative solutions for trying to resolve the case.

Mediation Checklist

In order to ensure a successful mediation, here is a checklist of important things to remember:

Define Goals : Outline your desired outcomes and any compromises you're willing to make.
Gather Documentation: Collect all relevant documents, including financial records, agreements, and communication logs.
Understand Legal Rights: Know your legal standing on important issues—at The Cherry Law Firm we can make sure you are knowledgable about your rights prior to mediation.
Prepare Questions: List any questions you have for the mediator or other party.
Prioritize Issues: Rank the most important issues to discuss and resolve.
Practice Active Listening : Plan to listen carefully and stay open to understanding the other party's perspective.
Plan for Emotions: Prepare strategies to manage your emotions during difficult discussions.
Bring Necessary Support: Confirm if you're allowed to have legal or emotional support during the session.
Set Realistic Expectations : Recognize that mediation is about compromise, not necessarily getting everything you want.
Review and Take Notes : Plan to review offers carefully, take notes, and avoid agreeing to terms without understanding them fully.

By following this checklist, you will be well-prepared for your mediation session and increase the likelihood of achieving a successful resolution.

How Long After Mediation is Divorce Final in Georgia?

In Georgia, the timeline for finalizing a divorce after mediation can vary depending on several factors. Generally, a mediated divorce takes about 6 months to complete. However, it's important to note that the duration may be shorter or longer based on the complexity of the case and the level of conflict between the parties.

For simple divorces that do not involve children and have minimal conflict over property division, the mediated process can be completed in as little as 1-2 months. On the other hand, if there are disagreements regarding child custody, spousal support, or significant assets, the process may take longer.

Surprisingly, mediators tend to be very good at getting cases resolved because they are have years of experience handling family law cases, are familiar with the presiding judges and are trained to think outside the box. The key to a successful mediation is being prepared, having copies of all financial documents organized and ready to discuss and keeping an open mind.

For more information, contact our experienced Georgia family law attorneys.

Cut Your Legal Fees in Half

Fri, 18 Feb 2022 18:00:53 GMT

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 of getting primary physical custody and somewhere between slim and none unless you have a recording of your spouse threatening to kill the child or he or she is a drug user or child molester. If you've only been married for five years, you aren't a strong candidate for alimony. Don't waste your money and your time pursuing unattainable goals. Figure out what you want and stick to goals that within the realm of reason.

2. Get Information & Documents to Your Lawyer When Requested.

Every communication you have with your lawyer or anyone from your lawyer's office costs money. If they ask you for information or documents, it's because they need it. Don't make them ask twice, or repeatedly have to follow up with you unless you enjoy throwing money away. If documents are requested and have to be produced to opposing counsel, deliver two sets of the documents to your lawyer's office so they don't have to make the copies and charge you for that.

3. Compile Your Questions.

You should never hesitate to ask your lawyer anything and everything that concerns you. However, if is less costly and more efficient for you to compile a list of questions that you can review with your lawyer in a single meeting or telephone conference then to shoot an email to your lawyer every time a thought pops into your head.

4. Don't Ask Your Lawyer to Teach You to be a Lawyer.

When most people need a plumber, they don't expect the plumber to teach them everything they know about plumb. When your computer geek fixes your computer, you don't expect them to teach you how computers work. So why would you expect a lawyer to give you a law school education during your divorce? No matter how much time your lawyer spends on your case, you will never have the same understanding of the courts, judges and legal process that your lawyer does. Get the facts and details you need to understand the legal process and leave the rest to your lawyer.

5. Be a Good Team Player.

Your lawyer has an important role in preparing your case and you have an equally important role. You have to take responsibility for keeping good records, providing your lawyer with accurate and detailed information and keeping your lawyer informed of every new development or event that could potentially impact your case-whether good or bad.

Allowing your lawyer to be surprised with damaging evidence at trial will only hurt your case in the long run. Make sure your lawyer is well informed and up to date. It doesn't take much to keep your legal fees under control. At little bit of extra effort on your part can mean save you thousands of dollars in legal fees.

For more information, contact our experienced Georgia family law attorneys .

How to Testify in Court

Wed, 16 Feb 2022 17:51:35 GMT

Master Your Testimony: Tips for Credibility in Court

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 and trustworthy.

1. Practice being understated. Plain spoken, simple, straightforward testimony is what judges want. Highly emotional testimony does not win them over. You must be calm, cool and collected when in court. Judges react more favorably when witnesses testify as if they are in a relaxed conversation with a neighbor or friend rather than a bitter dispute. Don't call anyone names, accuse them of wrongdoing or become adversarial. Let your lawyer be the advocate. That's what you are paying him or her to do. You are there to testify to the facts -- not be an advocate.

2. Commit to the facts. If you are certain of the facts, say so. If you are not 100% certain, make sure you make that clear when testifying. Don't waffle in court. Stick to your guns. "Maybe" and "I'm not sure" rarely go over well in court. If you are unsure about what you are saying, the Court will dismiss your testimony and irrelevant. For example, if H testifies that the child was not delivered on time and W testifies that she isn't sure, W's testimony will be disregarded by the court because W doesn't know what happened. Make sure you are crystal clear about what you know for sure and what you don't. Don't claim to have knowledge about any subject when you don't have that knowledge. Once a judge mistrusts your testimony, he or she is likely to disregard everything you said.

3. Review everything ahead of time. If you have documents, such as a financial affidavit, interrogatory responses, photos, videos or anything else that may be an issue in Court, make sure you have reviewed them in advance and know exactly what they say. There is nothing worse than saying something different in court than what you previously said in writing. Know thyself and thy case.

4. Speak up and make sure you are understood. Don't mumble, ramble on or be evasive. Speak up. If you are spending money to be in court, you need to make an effort to be heard. You won't be heard or fully understood unless you sit up straight, speak in a clear and steady voice and answer the questions you are asked. If you are evasive and talk in circles, you will appear as though you are trying to hide something and you will appear to be untrustworthy.

5. Make sure your requests are reasonable . Never demand anything from a Judge. Always remember that Judges are the decision makers, not you. Make sure you acknowledge their authority and their role in your case by politely requesting what it is you want them to do. And make sure what you are requesting is reasonable. Just as a good CPA will tell you if your write offs will raise a red flag with the IRS, a good lawyer should let you know in advance if your requests are unreasonable. Asking for too much usually backfires.

Being a good witness takes work. Be yourself when you get to court and don't sound like you are reading from a script that you memorized the night before. Keep in short, simple and real and follow these tips to help you impress win the Judge in your case.

Changing Divorce Lawyers

Thu, 18 Mar 2021 17:47:45 GMT

Think Twice: Switching Divorce Lawyers Can Complicate Your Case!

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.

First, there is the additional cost of paying your new lawyer to get acquainted with the case and facts that you current lawyer already knows.

Second, your new lawyer may be limited in what he or she can do given the status of the case. If the case is getting ready for trial, it is unlikely, the judge will allow you to restart the discovery process all over again and make up for any oversights or omissions.

Third, you may be perceived by the judge as being a difficult or unrealistic client and unwittingly create negative a impression on the court. While you may be perfectly reasonable and cooperative with your current lawyer, clients who go through lawyers are sometimes thought to be a problem either because they are not paying their bill or because they are unwilling to face the facts. On the other hand, if you believe you simply have the wrong lawyer and can't get the representation that you are seeking from your current lawyer, you are better off changing lawyers sooner rather than later in the case.

When you do hire a new lawyer, make sure you communicate your expectations to your new lawyer, maintain continuous and open lines of communication and work hand in hand with your lawyer to prepare your case.

Getting good representation involves more than writing a check. You need to think of yourself as an integral part of the litigation team and work closely with your lawyer to make sure he or she has a good understanding of all of the facts, has been provided with all necessary documents and has your full support and cooperation whenever needed.

I have found that I obtain the best outcomes when clients are fully engaged and ready participants in their cases, maintain a mature and courteous relationship with their spouse throughout the litigation and are good team players.

Spying on Your Spouse in Divorce

Tue, 16 Mar 2021 17:44:06 GMT

Everyone wants to spy of their spouses to find out what they are up to.

Is my spouse cheating?
What is my spouse saying to the kids when I'm not around?
What is he or she spending money on?
And what advice are is he or she getting from others?
Wouldn't it be nice to know?

Of course it would to nice to know everything your spouse is doing but just because you want to know doesn't mean you have the right to know. Tracking your spouse's location, installing a monitoring device on their computer or recording their phone calls may sound like a great idea but can lead you to trouble.

While hiring a private investigator to take photos of your spouse in public is perfectly legal, most computer spying and surveillance is illegal.

Some judges take a very hard line when they hearing about legal spying and will throw the book at you -- referring you to the District Attorney's Office for prosecution if they think you broke the law by intercepting your spouse's private communications. Other Judges may brush the spying under the table because they hear about it all the time.

Don't risk a criminal charge in an effort to out maneuver your spouse. Play fair and above board. Focus on getting through your divorce quickly without violating any laws or your spouse's privacy and you will sleep better at night.

Life After Divorce

Sun, 14 Mar 2021 17:38:47 GMT

Don't be Afraid to Reach out to Professionals for Advice.

If you've always relied on your spouse for financial advice, that will most likely change after divorce. Many people are intimidated when starting over following a divorce. They may need to refinance the mortgage on their existing home, sell a house or look for a new home.

After relocating, they may need to change doctors, dentists or CPAs either because they are no longer conveniently located or to avoid running into their ex-spouse. If you are like 99% of all divorcees, your finances will be substantially impacted by divorce and may require you to jump start your retirement savings plan.

A financial planner can often be a tremendous asset in this situation and can help you get back on track to where you need to be. The key is to take these changes in stride and use them as an opportunity to make positive changes for the better.

Oftentimes, the changes that follow divorce are a wake-up call for clients and an opportunity to be more focused, proactive and goal oriented in their post-divorce lives.

For more information, join the discussion at the Georgia Divorce Network community.

Georgia Parenting Plans

Fri, 12 Mar 2021 17:28:15 GMT

Master Your Parenting Plan: 5 Tips for Success

If you and your spouse have children and are getting a divorce in Georgia, you will need to file a Parenting Plan and should consider these five essentials for a successful Georgia Parenting Plan:

Don't Separate Tie-Breaking Authority

Make sure the primary physical custodian has tie breaking authority for education and extracurricular activities. In almost all cases in Georgia, Courts now require one parent to be named the primary physical custodian. Be careful not to separate final decision-making authority on education and extracurricular activities to the non-custodial parent. Doing so may create a situation where the non-custodial parent signs the children up for activities far from home that the custodial parent has to transport the children to or from, such as singing up children for piano lessons in Dunwoody when you reside in Marietta. Or it may give the non-custodial parent the right to select a private school that the custodial parent has to pay for the children to attend. To avoid both issues, make sure the primary physical custodian also has final decision making on all issues relating to education and extracurricular activities.

Birthdays Are for the Children

Georgia judges will not require children to spend time with each parent on their birthday and you shouldn't require it either. Your children's birthdays are for them, not you. Allow your children to alternate which parent they spend their birthday with each year. Children adapt well to dual birthday parties and even celebrations that are a few days before or after their actual birthday. When parents insist on splitting the children's birthday, the children often lose by not being able to fully enjoy the day with either parent or his or her friends.

Morality Clauses Need to be Tailored to Your Needs

Georgia courts will allow you to include a morality clause in your Parenting Plan if you are concerned about exposing your child to multiple partners. Multiple partners are confusing to children and tend to undermine stability in your children's lives as well as desensitize them to sexual mores. Your children need to be your focus when you are with them. If you don't want to face the risk that your ex may bring home a series of partners after the divorce, make sure you include language in the Parenting Plan that prohibits unmarried sexual partners from staying overnight when the children are present.

Be Careful with A Right of First Refusal

If you or your spouse request a right of first refusal be included in your Georgia Parenting Plan, make sure you understand the burden it will place on both of you. A right of first refusal will require you and your ex to offer each other parenting time if you cannot be with the children during your scheduled parenting time. In other words, if you have a four hour right of first refusal, anytime you plan to be away from the children for 4 or more hours, you have to call your ex ahead of time to give them the right to take the children during the time you will be away. This can result in a tremendous inconvenience and burden on you. For example, if your children plan to spend time with grandma and grandpa for more than 4 hours, you need to make sure you are not away from them for more than four hours at a time. If you really want to include a right of first refusal, consider a longer period of time, such as 8 hours or overnight, to make it easier on you and your children.

Avoid Daily Phone Calls

Don't overdo it with phone, Skype and social media access when the children are with the other parent. While it's very important to Georgia Judges that the children have consistent, open lines of communication with both parents, it can interfere with parenting time to have to stop what you are doing every day to call the other parent at a specified time. If every day contact is necessary and in most cases, it is not, make sure you include reasonable limitations, such as once a night before bedtime instead of a fixed time in every day. The “once a day before bedtime,” or better yet, “every other day before bedtime” schedule, will enable the children to get into a reasonable routine that is not disruptive of the custodial parent's time. Allowing the children to choose when to call the noncustodial parent instead of vice versa will make it possible for children and the custodial parent to carry out normal, everyday activities without constant interruptions from the noncustodial parent.

Summary

If you are in the process of negotiating a Parenting Plan, keep in mind these five essential tips to include in the Plan. While it may be tempting for you to prepare your own Parenting Plan, you are typically better off allowing a Georgia divorce lawyer to give you the benefit of his or her expertise and advice to help you avoid mistakes in drafting a Parenting Plan.

Starting a Divorce

Wed, 10 Mar 2021 17:22:36 GMT

Thinking about a divorce but not sure where to begin?

Here is what you need to know about taking those first steps.

Make sure you want a divorce.

That sounds like common sense but many people are not even sure they want a divorce when they make that first call to a lawyer. They may be upset after a fight and threatening their spouse with a divorce but aren't really seeking a divorce. Divorce is final. When you get divorced, you and your spouse are no longer a legal entity and your nest egg is roughly half of what you had the day before while your expenses may only be cut 20%. Many people can't afford to get a divorce when they run the numbers. Others are simply unwilling to go through the very difficult and painful sacrifices you will need to make or are unwilling to put their children through a divorce and choose to stay together "for the children." So before you pick up the phone and call a lawyer, think about your life after divorce and make sure you really want one. If you aren't sure, you probably aren't ready for a divorce.

Set aside money for a divorce.

You at least need to be able to pay a retainer to get your foot in the door. You need to have enough money to pay a lawyer a retainer. A retainer is a deposit. A lawyer holds the retainer in trust to pay for the time he or she spends working on your case. If you don't have the money to pay a retainer, most lawyers cannot take your case. That's not because lawyers are greedy. Lawyers get flooded with calls every week from people who have very serious needs but no money. We would love to take the time to help each and every one of them. I personally spend a great deal of time talking to people who need some direction and answers to their questions who I will not be able to represent. But we simply cannot afford to pay our bills and stay in business if we took on all of the needy clients who didn't have money to pay us. Most lawyers have an arrangement with Legal Aide or some other volunteer ageny and take a specific number of referred cases from their agency each year. That's one way we give back. But it's impossible to take every "pro bono" case that we come across. If you don't have money to pay a retainer, call friends and family or do side jobs until you have the money. If your spouse has access to monies and after you retain a lawyer, the lawyer can ask the court to require your spouse to contribute to your legal fees, which will ease your financial burden as you go forward.

Find a lawyer you like.

It's almost that simple. If you call three lawyers, hire the one you like and think can get the job done. Why is it important to like your lawyer? Because you will be working very, very closely with your lawyer. You have to tell your lawyer everything, even intimate details about your sex life and/or embarassing things you never thought you'd have to admit to another human being. You may have to prepare for a depositon, mediation, trial or hearing. Trust me, you will be talking to your lawyer a lot and will want to have someone working for you that is easy to talk to. So it's realy important that you like the person who you choose to represent you and can visualize yourself working hand in hand with that person if you case ends up getting complicated or extremely advesarial.

Do your part.

Most clients want to help their case as much as they can. You can help minimize legal fees and move your case along faster. That means doing what you are asked to do without multiple requests. Once a case is filed, lawyers have to adhere to deadlines. You need to be transparent with your lawyer and prepared to gather information when needed, provide necessary documentation and timely respond to all of your lawyer's inquiries. If you ignore or violate court deadlines, you may be sanctioned. Lawyers take deadlines and sanctions seriously. We don't hound clients for information and documents simply to fill our days. We do it because we have to.

Leave the lawyering to your lawyer.

Many clients solicit advice from friends, co-workers and even their current spouse during a divorce. Then they second guess their lawyer and sometimes even decide to ignore their lawyer's advice. Think about it. Your lawyer has done this for years. Your lawyer is being paid to represent your best interests. Your lawyer is familiar with the judges and courts where your case is pending. Do you really think your lawyer is "only out for the money?" If so, you hired the wrong lawyer. If you hired the best lawyer you could afford, you need to listen to your lawyer. Did your lawyer deliver on his or her promises and timely file your case and move it along? If so, let your lawyer do the lawyering. Trust your lawyer to do his or her best for you. Don't ignore his or her advice. If you do, it may end up costing you your case. Lawyers are professionals and know what they are doing. Don't try to micromanage your lawyer or it may backfire on you. Trust your lawyer and follow his or her advice.

Prepare for Divorce: Your Key to a Successful Outcome

Make sure you are ready for divorce before you make the first phone call. And be prepared to work closely with your lawyer to help insure you get the best possible outcome in your case.

Why You Need to Be Afraid Of Your Lawyer

Mon, 08 Mar 2021 17:17:54 GMT

Face the Truth: Your Lawyer's Honesty is Your Best Ally

Are you afraid of your lawyer? Yes, afraid. Why would anyone be afraid of their lawyer?

Well a good lawyer is going to give it to you straight. He/she is going to tell you when you need to pull it together, get real and stop messing up your case. I don't mamby pamby my clients.

I level with my clients and they often fear (but respect) what I have to say.

I will tell you how the Judge will look at your behavior, your emails, your text messages and advise you to rethink your approach to your divorce if it is doing more harm than good.

I will not hold back when it comes to your communications, your child care, your case assessment and your litigation goals. I give clients the facts of life and force them to deal with reality.

And if you hold back with your lawyer, you are missing an opportunity to get the best possible advice. Don't hide the facts from your lawyer. Have a history of drinking, drugs, addiction or infidelity? Don't sugarcoat the truth. Sugarcoating the facts is overrated. Why sugarcoat the facts when it will only lead you astray and ultimately to disappointment and heartache?

Remember the Emperor With No Clothes? He would have been so much better off if his peeps would have leveled with him and told him he was butt naked.

A lawyer who tells you what you want to hear is not doing you any favors. A client who white washes the facts will only miss out on his/her lawyer's best advice. You want your lawyer to know everything because your spouse already knows and he/she will tell their lawyer.

Choose Fearless Counsel for a Winning Divorce Strategy

If you want the best case you can possibly have, hire a lawyer who will tell you the good, the bad and the ugly. When you are going through a divorce, you need to know thyself and make sure thy lawyer knows everything about you. And it's okay to be afraid because the really good lawyers will tell you like it is and sometimes that's scary, but necessary, for a winning case.

Rolling the Dice

Sat, 06 Mar 2021 17:14:04 GMT

Rethink Hardball: Risks of a Tough Divorce Strategy

When you know you are right and your spouse is wrong, why should you compromise with your spouse? Why not play hardball and insist on getting the custody, child support, alimony and property division you want in your divorce?

While you may feel like taking a hard line and sticking to it, you may want to rethink that approach in the end. Taking a hard line in your divorce case comes with risk. Going to court is always a gamble. Trials are one of the few forms of legalized gambling.

Choose Settlement: Save Costs, Stress, and Uncertain Outcomes

Settlement and compromise give you a certain result. The outcomes of trials are dependent upon judges and juries and are never guaranteed. No matter what evidence and witnesses you have, you can never be sure how it will come across in court. You may freeze on the witness stand or your witnesses may let you down. Or the Judge may prohibit you from using some of your best evidence. The Judge may be having a bad day and ignore you or disregard the most important facts in your case. Or the Judge or jury may not believe you. And the costs of trial are astronomical. Most people could buy a brand new luxury car for what they would need to pay in legal fees just for a trial.

So settling is often a good idea. You need to take settlement seriously because it is often, but not always, the best and safest course of action. And mediation is a great way to settle a divorce or child custody case. while mediation comes with a cost, that cost is a drop in the bucket compared to cost of trial.

Putting your money into preparing your case for mediation is often a much better use of your resources. The best mediation outcomes come about because of case preparation. No one gets everything they want at mediation but the more work you put into preparing for mediation, the more likely you are to get more of what you want and settle some or all of your case at mediation.

So rather than refusing to budge off of your list of demands, be open to the most efficient and economical outcome in your case. In the long run, you may get more of what you want and pay less in attorneys' fees if you are willing to compromise and be open to creative solutions.

Divorce Lawyers for Men

Thu, 04 Mar 2021 17:09:07 GMT

Navigating Divorce in Georgia: Why Men Need Specialized Lawyers

If you are a man who is soon to be divorced in Georgia, do you need a divorce lawyer that caters solely to the needs of men? Are Georgia divorce lawyers for men different from divorce lawyers for women?

There is nothing wrong with wanting to hire the best lawyer to represent you. In fact, it's a good idea to look for and hire a good lawyer who has a reputation for consistently getting great results.

Choose a Balanced Divorce Lawyer for Tailored, Expert Representation

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.

If you hire a lawyer who only represents men, he or she will lack the perspective that a more-well rounded lawyer who represents both men and women will have.

Instead of a hiring a divorce lawyer to provide you with a canned formula for how men should act in divorces, when you hire an attorney who represents both men and women, you are able to get thoughtful and considered representation and advice that is tailored to your needs.

Too often, the canned recommendations that law firms for men rely on in all divorces involving men are easily spotted by Judges as phony posturing. For example, a father's sudden, overnight interest in caring for minor children, such as taking them to school and doctor's appointments and attending extracurricular activities looks suspect when it's never before happened in the past. Such dramatic changes during a divorce are more likely to be a flag for concern than a help in a custody battle.

Finding a top Georgia divorce lawyers who represent both men and women is a better investment in your case than hiring a divorce lawyer for men. Before you fall for an advertising gimmick, talk to the most experienced and qualified Georgia divorce lawyer you can find and decide for yourself.

Secrets and Lies

Tue, 02 Mar 2021 17:05:32 GMT

Protect Your Future: Why Every Divorce Needs a Lawyer

I'll let you in on a little secret. Everyone should have a lawyer in a divorce. Everyone.

Anyone that tells you that you don't need a lawyer is lying to you.

Sometimes I get people who ask me if they really need a lawyer. Yes, you really do need a lawyer. Really.

A lawyer can and should explain your legal rights and responsibilities. A lawyer will tell you the best and worst case scenarios for your case. A lawyer will help negotiate the best outcome in your case. And if you choose the right lawyer, the lawyer will pay for him or herself ten times over.

So get a lawyer. Don't try to do it alone. Give yourself every benefit of the doubt. You need someone who has the skills, insight and experience to help you plan for the next phase of your life in the most orderly way possible.

It's true that "only a fool has himself for a lawyer."

If you want to protect yourself, hire a lawyer and follow your lawyer's advice.

Child Support and Visitation

Sat, 27 Feb 2021 17:00:31 GMT

Georgia Law: Child Support Doesn't Equal Visitation Rights

After a divorce is finalized, it is not uncommon to fight about child support and visitation. Many people assume that if a parent is not timely paying child support, they should not be able to exercise visitation and parenting time with the children.

In Georgia, that is not the case. If you are the primary physical custodian and the other parent is not paying child support, you cannot legally withhold visitation until payment is made. While it may seem unfair to require normal visitation to continue even when a parent is not supporting the children, the law separates these obligations in recognition that children benefit from having a close connection to both of their parents.

If you are not re ceiving court ordered child support from a former spouse, there are legal remedies you can and should pursue through the courts. If you are required to pay child support but are unable to do so, you should immediately file a modification requesting that child support be reduced to reflect your current financial circumstances.

Self-help remedies such as not allowing visitation or stopping child support payments may result in a finding of contempt and an order requiring you to pay attorneys fees to your former spouse.

Get Expert Guidance on Child Support and Visitation Today!

For questions about Georgia law on child support and visitation, talk to our experienced Georgia family law attorneys.

Whatever Happened to Secret Squirrel?

Sat, 27 Feb 2021 16:56:22 GMT

Outsmart Divorce Tricks: Protect Yourself and Your Children

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 or doing drugs. Or a spouse may get a Temporary Protective Order by falsely accusing their spouse of domestic violence. Or by claiming that the other parent was abusive to the children. The list of tricks goes on and on and oftentimes can wear you down and exhaust your money before you are done.

You don't need to rely on trickery to win your divorce case in Georgia. Being honest and transparent goes a long way. Dishonest, deceitful litigants usually get what they deserve. It's hard to keep up an act for a long period of time and they oftentimes make a fatal error when they tell one lie after another.

Judges appreciate parties who can look them in the eye and tell the truth. We all make mistakes. We all get pushed to our limits in a divorce but the good guys and gals tell the truth.

Keep Your Divorce Clean: Resist Spying on Your Spouse

Stay away from secret squirrel tricks of your own. One area that is particularly dangerous is spying on your spouse's email or social media accounts. Hacking into a spouse's Facebook or Instagram is a crime. You can face serious criminal penalties by accessing your spouse's accounts. Avoid the temptation of looking at your spouse's email or social media accounts. Make your divorce a clean divorce and stay out of trouble.

At The Cherry Law Firm, we make sure you are aware of the dangers of litigation and fully understand the law. Contact us today if you wish to discuss your case in confidence.

Enforcing Court Orders

Fri, 26 Feb 2021 16:52:01 GMT

Disagreements as to how to interpret a parenting time schedule or holiday visitation are not uncommon and may simply be a misunderstanding that warrants clarification. However, an intentional disregard of a Settlement Agreement, Parenting Plan or Court Order is more serious and you may need to file a contempt of court or take other actions depending upon the severity of the violation.

You have the right to enforce all Agreements, Parenting Plans and Court Orders and acting promptly may be a help set the tone and avoid future violations. Being called into Court for contempt will typically result in a monetary sanction and reprimand against the party who violated the Court Order. More severe violations can result in a finding of willful, criminal contempt resulting in incarceration. Letting your ex know that you will hold him or her to their obligations is sometimes a necessary first step for ensuring future compliance.

If you believe a Settlement Agreement, Parenting Plan or other Court Order is not being followed, our family law attorneys can guide you through the contempt process to help protect your interests and find the best solution in your case.

Where there's a Court Order, there is someone willing to violate it.

Relocation After Divorce

Thu, 25 Feb 2021 16:47:59 GMT

Parenting Plans in Georgia typically require at least 30 days notice of an impending move to a former spouse.

Local moves may not warrant a modification of the Parenting Plan depending on the distance between parents and location of exchanges. However, farther and out of state moves will require modification of the Parenting Plan and an updated Order.

Many people wonder if there is a way to prohibit a former spouse form relocating out of state. The answer is you cannot. However, you can change the terms of your Parenting Plan. Changes may include a change of custody, modification of parenting time and days, and a reduction in child support due to travel expenses.

Depending upon the reason for the relocation, the Court may or may not change custody to the other parent. The key inquiry is how the move is likely to impact the child and whether it is in their best interests to relocate.

When the motive for relocation is to deprive the other parent of time with the children, the Court may award custody to the non-relocating parent.

Contact our experienced Georgia family law attorneys today to discuss your options if you or your former spouse is planning a move.

What's All The Fuss About Co-Parenting?

Wed, 24 Feb 2021 16:45:54 GMT

Co-Parenting After Divorce

Co-parenting refers to how you and your ex communicate concerning your children.

Although you may already be divorced or will soon be divorced, you have to establish a healthy working relationship with your spouse in order to raise happy and well adjusted children. This takes a lot of work and patience on the part of both parents.

Here are some tips for successful co-parenting:

1. Make it Habit to Keep Your Ex Informed.
Be sure to communicate with your ex about any important having to do with the children, This includes issues at school, doctors, dentist and orthodontist visits, extracurricular activities and other significant milestones for your children.

2. Be Inclusive Whenever Possible.

This means include your ex unless it would be uncomfortable, You can sit near one another at your children's events, attend parent teacher meetings together and celebrate the major events in your child's life together. The best co-parents are able to be in the same room, be able to communicate freely and be cordial because they understand how important it is for your child's mental health and well being.

3. Exercise Restraint in All Communications.

Avoid trying to tell your ex what to do. Instead, invite your ex's opinion and genuinely take into account their viewpoint. Try not to be critical of your ex's parenting style and do your best to work toward a unified and consistent parenting approach with your children. While there are bound to be disagreements, don't let them snowball into major areas of contention. Keep in mind that your goal is to work together for the benefit of your children.

4. Be Flexible.

It's easy to rigidly adhere to a schedule but oftentimes not the right thing to do. Judge's appreciate parents who will make a schedule change from time to time to accommodate the other parent. Establishing a baseline of cooperation will encourage your ex to do the same when you need your ex to be flexible.

5. Put on a Good Front.

It may be difficult or even uncomfortable to see your ex with his or her new spouse, new home or new car but you need to accept that you have both changed and new to deal with each other's changed circumstances. Letting go of the past is essential to a good relationship with your ex.

Establishing a good co-parenting relationship from the start, you will make life easier for yourself and your children and will be appreciated by the Judge if you end up back in court.

Contact our experienced Georgia family lawyers for more information on how you can successfully co-parent with your ex.

Who Needs Supervised Visits?

Tue, 23 Feb 2021 16:40:20 GMT

If you are involved in a contentious divorce involving allegations of physical or sexual abuse or drug or alcohol addiction, the Court may require that visitation with the children be supervised by a third party. Sometimes a trusted family member is allowed to act as a supervisor. However, if there isn't an appropriate family member who can be trusted to provide necessary supervision, a supervisory agency or even a therapist may be the only other option.

Courts require supervised visits for the protection of the children. If the Judge in your case is concerned for the safety of the children, supervised visits may be put in place on a temporary or permanent basis and such arrangements can have a significant impact on custody decisions.

It's often difficult, expensive and demoralizing to have to be supervised during parenting time with the children. However, the supervisor is normally requires to have "eyes on" the parent being supervised at all times. And third party supervisors will typically write up a report of the visit, noting what activities the parent and child engaged in during the visit, and whether the parent was compliant with all rules relating to the supervision (such as not talking about the litigation or asking questions about the other parent).

While all parents want what is best for their children, they really agree on what is best. Sometimes custody disputes involves supervised visitation for the safety and well being of the children.

If you have questions about supervised visitation, speak to one of our experienced Georgia family law attorneys for more information.

Is Your Divorce Uncontested?

Mon, 22 Feb 2021 16:33:10 GMT

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 not agree on everything from property division to child support to alimony and attorneys fees to visitation and parenting time, you do not qualify for an uncontested divorce.

In layman's terms, it's better to think of an uncontested divorce as a “quickie divorce.” You both want to dispense with the ordinary formalities of litigation and rush into a divorce.

Uncontested divorces work best for recently married and no or low asset and debt couples. If you have a lot of assets, debt or tax liabilities, an uncontested divorce may indeed be quick but it may leave you unprotected.

What if you only disagree on one or two issues? Good question. In that case, you still do not qualify for an uncontested divorce because you have to work out those issues and it may take hours, days, weeks or months to agree on a single issue.

No lawyer can afford to work with you toward a resolution of any issues in a divorce without charging you for his or her time, which is why they put limits on the number of changes they will make to an uncontested settlement agreement before it is considered contested.

And a “quickie divorce” is exactly that: you don't get any investigation, analysis, tips, planning or advice on what assets and debts you should be seeking a division of, confirmation that you are not overlooking any assets or discussion and strategies for reducing the risk of future tax or other liabilities arising after the divorce is finalized.

So before you ask for an uncontested divorce, think about whether you want to bypass all formalities and go the quickie route or whether you want something more than that.

For more information, join the discussion at the Georgia Divorce Network.

Who's Paying For Your Children's College Expenses?

Sun, 21 Feb 2021 16:27:00 GMT

If you were banking on your spouse helping to pay for your child's college tuition, you need to have a backup plan. Now is the time to plan for alternatives such as merit scholarships and federal loans.

Who pays for college?

When your children were young, you and your spouse may have agreed that you would pay their college tuition expenses and, if you planned ahead, you may have started a 529 Plan for them.

When you divorce, those promises to pay for their college expenses are no longer enforceable. Regardless of the incomes of the parties and ability to pay, Judges in Georgia cannot require that either party pay some or all college tuition costs.

In Georgia, child support ends at age 18, or if the child has yet to finish secondary school, child support can continue until age 20. However, there is no way to compel a parent to help pay for college absent their agreement to do so at the time of the divorce.

Most attorneys will counsel their clients against agreeing to pay for college since an agreement will become binding if it is part of your divorce agreement. Attorneys typically advise their client to avoid undertaking an obligation to pay future college expenses because there is no way to predict what their finances may be in the future. Even highly paid executives can lose their job, fall ill or suffer some other adverse event in the future that makes it difficult to pay for college.

Of course, if you started a 529 Plan, the monies put into the account must be used for your child's higher education costs. Be sure to get an agreement in place that requires both parents to sign off on expenditures for a 529 Plan account to ensure the monies are used for college.

If you find yourself with questions about your next step, speak with our experienced Georgia family law attorneys.

Show Me The Money $$

Sat, 20 Feb 2021 16:21:27 GMT

What happens when you hide assets in your divorce?

Full financial transparency is a cornerstone of any divorce. If you enter into a divorce agreement or go to trial without proper disclosures by your spouse, he or she may be subject to contempt or perjury and your final decree may be set aside to allow you to go after the hidden assets.

Digging deep into your spouse's financial records often reveals undisclosed accounts. Examining bank and credit card statements for transfers and payments to other accounts is one way to identify hidden accounts.

Looking at trusts established during a marriage and transfers into and out of a trust often leads to a paper trail of undisclosed assets. Asking the right questions and following the evidentiary trail is critical to making sure that you identify all marital assets in your divorce.

In some cases, a forensic accountant is needed to identify missing or hidden assets in a divorce.

If you suspect your spouse may be hiding assets, talk to our experienced Georgia divorce lawyers for additional strategies to help identify hidden assets and protect you in your divorce.

Navigating Visitation During Illness

Sat, 20 Feb 2021 09:14:09 GMT

The worldwide pandemic has made everyone fearful of exposing ourselves and our children to unnecessary risk. While it may seem appropriate to change parenting time and visitation schedules

If your ex has been careful or fails to take necessary precautions, the Courts do not want parents making those decisions unilaterally. In other words, you need to maintain the same parenting time schedule you have always had even during the pandemic.

If you believe that the health and safety of you or are children are being compromised, you need to file a motion for modification with the Court and present evidence as to why you have such concerns. Interfering, delaying or putting conditions on parenting time may subject you to contempt of court charges and possible sanctions.

In those instances where a family member has special health conditions and you are fearful of risk taking behaviors, consult with legal counsel to discuss your best options. Our experienced Georgia family law attorneys are happy to confer with you to determine your best course of action.

Social Media in Georgia Divorces

Fri, 19 Feb 2021 16:09:09 GMT

Like it or not, social media is a huge part of our lives. We routinely tweet, facebook, instagram and text and think nothing of it. But all of that activity tells a story and it may not be the best story for court.

So follow these guidelines to keep yourself out of trouble in your Georgia divorce or child custody case:

1. Be professional. You may hate your ex and be burning up inside everytime you communicate but don't let it show. Always keep your communications respectful and courteous and avoid being antagonistic or condescending.

2. Keep it short. Don't overdo the communciations. When you send long, borish emails or texts or multiple communications each day, it is too much and makes you look controlling and overbearing. You are better off sending one or two communications per week than something every day.

3. Stop with the Selfies. Selfies showcase you. Maybe you should be showcasing your children instead. If you don't have children, you should try to showcase your hard work, community service or something else you are proud of besides a photo of yourself acting silly.

4. Stick with one subject at a time. Don't overload your communications with multiples issues. You will look as if you are posturing for court if you do. Be relevant, timely and brief and you will come across as more genuine.

5. Be reasonable. Try not to demand that your spouse do certain things on your timetable and according to your demands. You don't own him or her and can't dictate orders. Keep your requests reasonable to avoid coming across as a difficult, impossible to deal with personality.

Don't be surprised to find your social media history on display in court. Assume everything you say and do will find its way into court and behave accordingly. You can't change the past but you can make sure that everything you do in the future is helpful in your Georgia divorce or custody case.

Planning Your Exit Strategy

Thu, 18 Feb 2021 15:57:35 GMT

Here are some of the things you should consider before filing for divorce.

Divorce is never easy but if you take the time to plan for the future before you file for divorce, you can make it less complicated and minimize the chances of unintended consequences.

Before filing for divorce, you need to plan your exit strategy.

1. Get Control of Your Finances. When you divorce, marital assets are divided. Instead of you and your spouse sharing expenses for a single household, each of you will have separate household expenses to pay after you are divorced. You should begin by determining what income you have at your disposal and what your fixed monthly expenses will be when you divorce. Give serious thought to what you will need to survive and what expenses can be eliminated or reduced. If you have existing debt, you should try to pay off the debt. Gather all of the financial records you have access to, including paystubs, year end W-2s and 1099s, credit card statement, retirement account statements and bank statement. In most divorces, you will need to provide at least three years of complete statements. If you have access to your spouse's financial records, you should obtain copies of as many accounts as possible.

2. Refocus on Your Priorities. If you have children, they should be your number one priority. You should be attentive to all of their needs, make sure they are up to dat with checkups and annual exams, are attending school every day, are not late to school, have good grades (or attend tutoring if they do not) and that they have healthy extracurricular activities and friendships. As a parent in a divorce, your parenting will be Topic #1 and will be scrutinized like it has never been scrutinized before. Don't take short cuts when it comes to your children. If your children are having difficulties, get them counseling or other help they need now. There are no good excuses for not putting your children's needs first. And never, ever burden your children with negative talk about your spouse. If you don't have children, you should be focusing on your employment, finances and getting yourself healthy. If you have drug or alcohol issues, address them. Judges routinely test parties for drugs and alcohol usage and testing can detect drug and alcohol usage for the preceding four months. All of your activities a nd spending will be examined under a microscope. In a divorce, your life is an open book. And as tempting as it may be, now is not the time to start a new relationship. A good counselor is a much better investment than a new relationship.

3. Safeguard Your Digital Footprint. Your digital footprint is more than your email password. These days, every phone, car, IPAD, app and electronic device we use leaves a digital footprint. Giving your spouse access to your personal information is a recipe for trouble in a divorce. Protect your privacy and be smart before filing for divorce. Make sure your spouse does not have access to your information and accounts and protect your privacy as if your life depended upon it.

4. Avoid Social Media. Most of us are addicted to the regular social media updates we get from friends and family and many of us regularly publish photos, thoughts, concerns and questions on social media. Social media is not your friend in a divorce. Your spouse will have access to every one of your social media posts and anything you say and do can be used against you. Even seemingly private, direct messages are discoverable by your spouse. It is never appropriate to talk about your divorce in social media. And don't use social media to garner sympathy for your marital woes. Keep your marriage to yourself and your closest family members and friends.

5. Mind Your Ps and Qs. You may want to vent all of your frustrations and let your spouse know what a low down dirty scoundrel he or she is but now is not the time. Don't scream, don't text and don't email everything you are thinking about your spouse. Assume that everything you say and do will be shared with the Judge in your case. Monitor your behavior and avoid telling your spouse off. Neither one of you will benefit from knock down drag out fights and giving your spouse a piece of your mind could severely undermine your position in divorce. Avoid damaging your spouses' personal belongings or trying to say or do things to hurt your spouse. Hold your tongue and get a counselor if you need to dump on someone and make sure your communications and conduct with your spouse are cordial. Judges reward good behavior and don't like to see vicious spiteful behavior

Taking the time to plan for your divorce and do things the right way will pay off in the long run. Talk to our experienced Georgia divorce lawyers for more information and strategic planning ideas.