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Get the latest news and views in Family Law from experienced Family Law attorney Mary Stearns-Montgomery.
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Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Family Law Attorney Feb 01, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Not all divorces go smoothly and end amicably. In many cases there are harsh feelings and some even involve foul play or dirty tricks to purposely hurt the other.  Below are some tricks to watch for during the divorce process.

  • Taking money out of joint accounts secretly
  • Making large purchases on credit cards before the divorce is final
  • Moving out of the family residence and refusing to help pay household bills and expenses before the divorce is final
  • Going behind your back to file for sole custody when you agreed on joint custody
  • Refusing to speak to you under any circumstances

It is extremely important to hire an experienced family law attorney before the divorce process has begun to help you avoid these situations. If any of these situation occur contact your family law attorney immediately so they can help.

 

Tagged in: Marietta divorce attorney , GA Divorce Lawyers , Atlanta Family Law Attorney Jan 25, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Many might decide that instead of going through all the trouble of finding a lawyer and going to court for the divorce process they will just jump online and be a hop, skip and jump away from being divorced. What many don’t know is that online divorces aren’t all they may be cracked up to be. Below are some things to look out for when considering an online divorce.

  • Fees: While you may think an online divorce will be cheaper, it is important to understand whichever spouse files the divorce online is the one that is going to be responsible for all the fees.
  • State laws till apply: Divorce laws are different in every state. Even when filing online all state divorce laws still apply.
  • Beware of scams: Just like everything else on the internet there are reliable sources and unreliable sources. Make sure you do your homework and you don’t just use the first source you come across.
  • Appearing in court: You might have chosen to do an online divorce so you didn’t have to appear in a courtroom at any point during the divorce.  It is important to understand that filing an online divorce does not mean you will never have to step foot in a courtroom. If you spouse contests any part of the divorce or doesn’t agree with every aspect of the divorce you will more than likely end up in court.

Instead of taking on the stress and complications of attempting to file an online divorce it is best to consult with an experience divorce attorney first.

Tagged in: Marietta family law attorneys , Marietta divorce attorney Jan 17, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

After two parents get divorced it is not uncommon for one of the parents to feel guilty and think they have to buy their child’s love and affection. In many cases it is the non-custodial parent who often feels this burden so that their child will look forward to their time together. Below are some tips to help from falling into what is commonly known as “Disneyland Parent Syndrome.”

  • Communicate – It is important for the non-custodial parent to call as much as possible. This lets the child know even though you can’t be around everyday, you are there for them and they can talk to you anytime of day still.
  • Be involved – Be sure to communicate with your ex spouse about any extra curricular activities the child may be involved in, birthday parties, or other activities. Don’t wait for an invite from your ex spouse to attend a sporting event or play.
  • The small things still matter – You don’t have to buy you child a lavish present every time they come visit for them to enjoy their time with you. The small things like leaving a note in their lunch and spending quality time with them when you are together will let your child know you still care about them.
  • Restrictions are needed – It will be natural for you to want to spoil your child if you haven’t seen them for an extended period of time but it is important to remember your child still needs boundaries when they are with you. Setting boundaries will help your child respect you instead of seeing you as just a friend.
Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Divorce Attorney Jan 10, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

While you may not think so, the judge in your divorce case is carefully watching your every move in court. It is important to be knowledgeable about the divorce process as well as how to behave while in the courtroom to insure you make the best impression on the judge as possible.

1. Dress professional: Making a good first impression in the courtroom is an important part of the process. Walking into the courtroom in professional dress with minimal jewelry and make up shows you are taking the court seriously.  
2. Turn off cell phones or other devices: Turning off your cell phone is another sign of respect for the courtroom, the judge and everyone’s time. If there are circumstances that require your cell phone or another device to be on be sure to have your divorce attorney explain the situation to the judge before court starts.
3. Be respectful: It is important to show the judge that you are an adult and can handle this process, while it may be tough, like an adult. It is important to not only show the judge respect during court but to also show him that you can be respectful and cordial to your ex while in the same room.
4. Be prepared: While the divorce process can sometimes become long and drawn out, it is important to stay organized and prepared throughout the entire process. Showing up to court without necessary paperwork or information needed only shows the judge you are not taking the divorce or his time seriously.

 

Hire an experienced Georgia divorce attorney to fully prepare you for your divorce case and court.

Tagged in: Marietta family law attorneys , Marietta divorce attorney , GA Divorce Lawyers , Atlanta Divorce Attorney Jan 04, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Parental Alienation occurs when one parent deliberately tries to ruin the relationship between the other parent and the child. Parental Alienation happens over time after one parent continually exposes the child to certain behavior. Below is a list of some of the indicators that parental alienation is taking place.

  1. 1. One parent speaks badly of the other parent in front of the child. These statements can either be direct or indirect statements to the child.
  2. 2. Telling the child about the details of the divorce including financial issues and legal matters.
  3. 3. One parent showing disrespectful body language toward the other.
  4. 4. Refusing to co parent or work with the other parent.

 

It is important that you try to work with your ex spouse, no matter how hard, during a divorce and you do not subject your child to the above behavior.

Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Family Law Dec 28, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Not only is it important to find the right divorce attorney for you and your case, but also it is important that you set realistic expectations for your attorney and for yourself during the divorce process. In order to build the best relationship between your attorney and yourself there are a few things to take into consideration.

  1. Provide ALL necessary information for the case: Once you have hired your divorce attorney they will begin to request certain information from you. It is important that you give your attorney a quick, complete response so they can proceed in moving forward with your case. If you hide any information from your attorney you are only hurting yourself and the case.
  2. 2. Your lawyers’ expectations from you: In order for your attorney to successfully represent you during your divorce they need you to control your emotions, be prepared and organized and work with them. Your lawyer is not your therapist so don’t call them venting about your relationship and be open to your attorneys advice about strategy and goals.
  3. 3. Your expectations from your attorney: It is ok to hold your attorney to high standards, but it is important to stay realistic and realize your attorney cannot control the Judge or the system and sometimes things might not work out exactly the way you want. Your attorney should always explain all the possible scenarios to you and listen to what your goals are while providing input and advice along the way.

 

At the end of the day you and your attorney are going to be working closely together during your divorce. It is important to try to make this relationship as successful as possible for both of you from the start. Make sure you hire an experienced Georgia family law attorney for your case and set realistic expectations for the process.

Tagged in: Marietta family law attorneys , Marietta divorce attorney , Divorce Lawyer GA , Atlanta Divorce Attorney Dec 20, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Many individuals decide to do mediation rather than settling their divorce through court. One must understand the point of mediation is to resolve the divorce quickly and cordially instead of battling things out in court. In order to make your mediation as successful as possible we have put together 5 tips for you to follow during the process.

  • Do not give ultimatums: By giving ultimatums to your ex spouse during mediation can ruin any progress that has been made and can stop the process of resolving the dispute.
  • Make the first move to settle: Some may feel that if they show eagerness to settle or resolve an issue then they look weak to their ex. Taking the first step actually shows confidence and can help move a settlement along instead of waiting around for each other to do something about it.
  • Don’t negotiate backwards: Sometimes during the negotiation process one spouse may have a change of heart or discover something new and may try to back out of a deal or pull back their offer. Negotiating backwards is only harming you and your ability to move forward and make a settlement and is not in good faith.
  • Consider ALL proposals: Don’t overreact if on the first go around a proposal you get from you ex is nowhere near where you want it to be. Think of it as a starting point and build from there to get to where you would like to be. All together refusing the proposal and getting angry is only hurting the settlement process from moving forward.
  • Be cordial: The negotiation process will go much smoother if you are able to be cordial to your ex during the mediation process. Many assume their attorney needs to be nasty to in order to win, but this isn’t the case. Often times your attorney will be friendly and cordial to your ex and their attorney but this doesn’t mean your attorney isn’t on your side. Remember your attorney has done this before and it is important to trust them and take their advice.

Mediation is often a successful option for many couples settling a divorce if done right. Talk to your family law attorney before you begin the mediation process to be properly prepared .

Tagged in: Marietta divorce attorney , GA Divorce Lawyers , Atlanta Family Law Attorney Dec 13, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

More than likely once the children find out mommy and daddy are getting a divorce they are going to start asking some questions. While answering these questions is not going to be easy we have put together some of the most commonly asked questions and some examples of responses you can give your children when these conversations come up.

  • Why are you and mommy getting a divorce? “Mommy and I disagree on some things that you won’t understand until your older. I know you are confused now but we can keep talking about it and one day you will understand.”
  • Do you still love daddy? This is a tough one.  Some say it is okay to say – “I still love your daddy but not the way I did when we got married. There are many kinds of love and your daddy and I don’t love each other the way we use to.”  I think the best approach is to keep your answer short with a simple “yes” and no explanation.
  • Will you guys get back together if I promise to be good? “You being good or not is not the reason mommy and daddy are getting divorced. All we want is you to keep being yourself because we love you just the way you are.”
  • Why did mommy leave us? “Mommy didn’t leave us, she doesn’t live in the house anymore but she will never leave you.”

You want to give your child an answer that satisfies their question without divulging too much information onto our child. These are only suggested responses as every family’s situation is different.

 

Tagged in: Marietta family law attorneys , Marietta divorce attorney , GA Divorce Lawyers , Atlanta Family Law Dec 06, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Divorce is never easy for anyone to go through, but being prepared can help take some of the stress away. Here are a few things that you can do to help prepare for the divorce process.

  • Alternative options to court: Whenever possible you should try to settle your divorce through alternative methods such as mediation or collaborative divorce instead of battling it out in court. Going to court is more expensive and your fate is in the hands of the judge and the judge alone.
  • Know what you have: When it comes time to divide up assets the process will be much easier if you already have a record of what is yours and what you would like to keep. It is important to keep any documentation that might pertain to these assets as well.
  • Know your priorities: Going through a divorce can sometimes cause a person to make irrational decisions based on emotions. It is important to identify beforehand what you want to get out of the divorce and what is most important to you throughout the process.
  • Know your financial state: Getting your bank accounts in order along with all retirement plans, pensions, benefits, debts, stock, etc. will help to make the process go smoother. If you know where you and your spouse stand financially you can better be prepared to negotiate and come out with a settlement you are happy with.

Divorce can be a complicated process and it is important to consult an experienced Atlanta family law attorney to help you along the way.

Tagged in: Divorce Lawyer GA , Divorce attorneys marietta ga , Atlanta Divorce Attorney Nov 29, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

A parenting plan is extremely beneficial in the long run for any divorcing couple with children. Even for ex spouses that continue to work together and maintain a respectful relationship after the divorce a parent plan can be of value. Below are a few key items you should make sure are included in your parenting plan.

  • How much time the children will spend with each parent
  • How communication will occur between the parents (phone, email, etc.)
  • Communication between children and parents (phone, email, etc.)
  • Arrangements for vacations, holidays, family events
  • Special needs including medication, education, doctors appointments
  • Financial agreement for all expenses
  • Arrangement for extra curricular activities, sports, school
  • Decisions that need to be made by both parents
  • Basic philosophy for raising the children and their well being 

Divorce is never easy for anyone and having a parenting plan to move forward will help in times of frustration or anger. In the case that an unexpected event happens, having a parenting plan in place will make any transitions smoother. It is important that you consult an experienced family law attorney to help you draft your parenting plan.

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