Written by Mary Stearns-Montgomery
Tuesday, 11 June 2013 08:54
Going through a divorce can put a major strain on you mentally. While it is natural to seek advice and share your thoughts with family, close friends and even complete strangers like a bartender, don’t take their advice to heart. In efforts to achieve an effective divorce, invest the time and money it takes and meet with an experienced divorce attorney. An experienced divorce attorney will guide you through the process and answer any questions including the options and common divorce mistakes and myths.
Here is a list of seven exceptional yet common divorce myths that can easily be overseen and over-thought during the divorce process.
1. I have to get the divorce in the state we were married
Not the case. If either you or your spouse live in Georgia, then the divorce may be filed in Georgia. Talk to your lawyer before taking the appropriate steps to an effective divorce.
2. Because the house is in my name, it’s mine
Not so much. In Georgia, the law requires equitable division, meaning a couple must divide marital property fairly but not necessarily equally. Houses, income, cash, stocks and bonds, cars, and insurance all constitute as marital property if they were acquired during the marriage.
3. Before filing for divorce, we have to go to counseling
Not the case. While it sounds necessary to participate in, Georgia Law does not require divorcing couples to attend counseling.
4. Mediation means that divorced couples still must hire lawyers to file a divorce
Not so much. Divorce mediation in Georgia is a process where the divorcing couple gets together to find common ground about the details of their divorce before a judge. Depending on the issue or circumstance such as child custody and drafting agreements, a divorce lawyer may or may not be necessary; however it is always advisable to speak to an attorney before you make this decision.
5. The mother will most likely get custody of the children
Not the case. The sole question to be determined is what is in the best interests of the child, regardless of the parent’s gender. A judge will make the decision based on the facts.
6. Getting a Georgia divorce is expensive
Not necessarily. It honestly depends on the situation and who is involved. Do your homework ahead of time. Ensure you have all your financials in order, and be open to talk about these costs with your divorce lawyer. Click here for more information about the financial impacts of divorce in Georgia.
7. Our children will be fine during and after our divorce
Not the case. It can be a devastating and emotional time for children, and it’s easy for parents not to notice how their children feel. Keep in mind the children’s best interests and maintain a normal routine in both homes. As discussed in a recent blog post, parental alienation may occur. Foster their best interests by maintaining and building strong relationships with both parents and do your best to avoid exposing them to conflict.
Talk To Our Experienced Atlanta Divorce Attorneys Today
Meet with an experienced divorce and family law attorney to discuss your case, understand your options, and get all the answers to your questions before you go through the divorce process. The attorneys at Stearns-Montgomery & Proctor guide families all over the State of Georgia through the divorce process. We understand divorce law, and we give you the best advice possible. To schedule a consultation, call us at (678) 905-8492 or complete our simple contact form.
Written by Mary Stearns-Montgomery
Thursday, 16 May 2013 08:44
While the divorce process can be an emotional and stressful experience for women, it can be just as challenging and difficult for men to accept divorce and move forward with their lives. Research has shown that men typically recognize their marriage is in trouble later than women and once the divorce is final and their ex-wife has moved out, the emotional reality sets in and the grieving process for men begins.
It is important to your divorce attorney that your emotional health is taken care of as you will be making critical decisions during the process and it is important that your judgment is not clouded.
Consider the following five helpful tips men can do to recuperate from their divorce and move forward with their lives.
Five Tips For Men To Recuperate and Move On After Divorce
1. Forgive. While it is natural to feel a roller coaster of emotions, have a series of questions, and play the blame game, it’s important to forgive. Forgive yourself first. Everyone makes mistakes and there’s the obvious feeling of regret, but that is life. The way to prevail after your divorce is to forgive yourself and to move on.
2. Build Your Support Team. Divorced men are twice as likely to commit suicide as married men and are prone to alcohol problems due to isolation. To combat isolation and break feelings of anger, depression and loneliness, surround yourself with the right people. Your support team will include trusted family members, colleagues, and close friends. These individuals will accept your divorce, confide in you, and support you through your new journey.
3. Keep Yourself Healthy. After your divorce has been settled, the last thing you would want to do is lose yourself. Keeping yourself healthy doesn’t just mean going to the gym. As archaic as it sounds, maintaining a balanced diet, having a consistent workout routine, and getting the right amount of sleep each night will give you and your body peace of mind.
4. Redefine Yourself. A new life will call for new habits, new interests, and a brand new outlook. This is the golden opportunity to step outside your comfort zone and try new things. For example, take a cooking class or join a recreational sports league. You will find by learning something new, you will meet new people and overall be moving in the right direction.
5. Keep An Open Line Of Communication. Lastly, try your best to establish an amicable relationship with your ex-wife moving forward after the divorce. After you’ve forgiven yourself, established your new home base, and taken steps to move on, forgive your ex.
In a situation where children are involved, it’s in the children’s best interest that you keep peace in both households, be cordial to your ex-wife, and keep the lines of communication open. Keep the conversation civil and healthy. Never bring up the subject of your divorce especially in front of your children.
Speak To Our Experienced Atlanta Metro Divorce Attorneys Today
While there are more tips to consider and do, starting off with these five tips above will ensure a successful path to an effective divorce. If you are contemplating divorce or going through a divorce, speak with an experienced family law and divorce attorney.
The attorneys at Stearns-Montgomery & Proctor will help you discuss your case, understand the Georgia divorce process, your options and rights, and help you through this process. With three offices in Atlanta, Alpharetta and Marietta, we proudly serve our clients throughout the Atlanta metropolitan area. To schedule a consultation today, call us at 678-905-8492 or complete a contact form.
Written by Mary Stearns-Montgomery
Tuesday, 07 May 2013 08:19
There is no doubt the divorce process can be a difficult, emotional, and stressful time. When going through the divorce process, couples not only wish to end their marriage amicably, but also quickly. There is no average or exact number of days it takes to end a Georgia divorce, because each case has specific facts and different circumstances. However, the difference between a contested divorce and an uncontested divorce factors into how quickly you can bring the separation to a conclusion.
Contested vs. Uncontested Divorce
A contested divorce means spouses disagree on any issue in their case. These issues usually include marital property, child support, and child custody. Usually divorce attorneys are hired to represent each spouse, and he or she will work with the other party’s lawyer and find solutions. Mediation and collaboration are effective means used to resolve issues, however, if both spouses are unable to agree on their divorce, their issues will be settled in court. Depending on the issue(s), a contested divorce can take months or more to complete.
On the other hand, uncontested divorces are much quicker to finalize. In an uncontested divorce, spouses agree on how to divide all their property and debts and if they have children, how to share child custody and child support. Once the spouses reach those agreements, they can complete their divorce paperwork and get a judgment, without going to court. An uncontested divorce may be granted 31 days after the defendant has been served with the complaint. Keep in mind, depending on the Georgia court and their backlog, it may be more than 31 days to get an uncontested divorce. However, once you receive a phone call that your case is settled, you will be relieved and you will be able to continue on with your life.
Speak To Our Experienced Georgia Divorce Attorneys Today
If you are considering a divorce, speak with an experienced family law and divorce attorney. The attorneys at Stearns-Montgomery & Proctor will help you understand the Georgia divorce process, your options and rights, and help you through this process. With three offices in Atlanta, Alpharetta and Marietta, we proudly serve our clients throughout the Atlanta metropolitan area. Schedule a consultation today by calling us at 678-905-8492 or complete a contact form.
Written by Mary Stearns-Montgomery
Tuesday, 30 April 2013 11:09
Dividing marital property can be a major challenge for divorcing couples. In Georgia, the law requires an equitable division, meaning a couple must divide marital property fairly but not necessarily equally. Understand what constitutes marital property versus separate property and how Georgia courts divide property.
Marital Property vs. Separate Property
Georgia courts distinguish what is “marital” and what is “separate” property. Marital property are assets acquired or bought during the marriage. Examples of marital assets include:
Assets defined as separate property include:
- Stocks and bonds
- Assets acquired before marriage
- Gifts from someone else other than your spouse
- Items spouses agree is separate property
How do Georgia Courts Divide Property?
In Georgia, courts have complete discretion when deciding how to award marital property and will distribute property in what they believe is fair based on the case. When deciding equitable division, courts consider the following factors:
- Financial status of each spouse
- Separate property
- Behavior of each spouse during the divorce process
- Any evidence of misconduct resulting in waste of assets by either spouse
- Future needs of each spouse
Keep in mind, a judge may favor one party over the other based upon who is at fault for divorce. For example, in a case of adultery, the innocent spouse may receive more from the settlement if they proved their spouse cheated and sexual relations outside the marriage occurred.
Be proactive during your divorce case and speak with an experienced divorce attorney especially going through this stage of the divorce process.
Contact Our Experienced Atlanta Metro Divorce Attorneys Today
Our experienced Atlanta divorce and family law attorneys are available to help you through the divorce process and understand your options and rights. Schedule a consultation and contact us today at 678-905-8492 or complete a contact form.