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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 , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

In today’s economy many worry about the financial burden of getting a divorce or how they are going to pay their bills after a divorce. With a little planning and the tips below you no longer have to worry about going broke during a divorce.

Financial Items to consider when going through a Divorce 

1. Sitting down and understanding what your expenses are going to be after the divorce and how much you will need to live on a single income instead of the income from both you and your spouse is important and will keep you from getting yourself in financial trouble.

2. Being honest with your attorney during your divorce will help move the process along smoothly and quickly. Hiding information from your attorney or not working with them will only cost you more in the long run.

3. Do not make every little issue a huge war with your ex. The more you fight with your ex and draw out the divorce process the more money you are going to spend. Pick your battles wisely and focus on what is really important to you.

4. Be conscious of the tax/financial cost of every decision that is being made during the divorce. Deciding who will claim the children is one of the big financial decisions to consider during divorce.

5. Be sure to get out of any joint accounts you and your ex have at the very beginning of the divorce. The longer you wait the more of a chance there is for financial problems.   Obtain copies of all three (3) of your credit reports so that you have a clear picture of any joint liabilities.

One of the most stressful components about the aftermath of a divorce deals directly with financial matters. However, by addressing these issues up front, you are much more likely to come out of the divorce with a clear understanding of what you will do with your finances.

Remember, when keeping these tips in mind, it is important to discuss any questions you about finances with your attorney as soon as possible to avoid bigger problems later.

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

Many couples choose Collaborative Divorce instead of litigation thinking they are both on the same page enough to work out an agreement or thinking the other will cave in and agree to anything just to stay out of the courtroom. So what happens when in the middle of Collaborative Divorce both parties refuse to budge and can’t agree on terms?  Below are a few tips to get out of a Collaborative Divorce Deadlock.

4 Tips to help get out of a Collaborative Divorce Deadlock

1. If you reach a topic that you both can’t agree on stop and switch to a topic that you both have similar feelings on and can agree to easier. Being able to agree on these topics may make either party or both feel more willing to compromise on other topics.
2. It is important to keep an open mind during Collaborative Divorce no matter how hard it may be to see the other’s point of view. Talk through any opinions you may disagree on with your coach and attorneys.
3. When negotiations start it is easy to get stuck on the small details. Remember what your broad goals for the divorce are and don’t obsess over the small things.
4. During Collaborative Divorce professionals are often times called in to help resolve specific issues. Instead of arguing about finances or the children, call in a professional that can help resolve the issue before you get to a deadlock.

 

Talking with your attorney before you go into negotiations can help keep you on the right track and keep the overall goals in focus. Call an experienced Divorce Attorney to talk about your options in Collaborative Divorce.

 

 

 

 

Tagged in: Marietta family law attorneys , GA Divorce Lawyers , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

When a Family Law Case comes to an end, each party is required by law to follow their Georgia court order. The most common forms of contempt of court include:

  • Unpaid child support
  • Ignoring parenting schedule
  • Denying visitation
  • Failure to comply with property divisions
  • Failure to pay financial obligations

If either party is found in contempt of their court order they can face the below sanctions:

  • Court order to pay all or partial payment owed
  • Ordered to pay a fine for each violation and/or the attorney fees of the other party
  • Imprisonment for a indefinite period of time.

What is Contempt of Court in Georgia?

Contempt of court is an order that comes into play when a person has directly violated a court's direction and authority. Typically, it is a tool that judges use to impose penalties on individuals who have disobeyed a direct order from the court.

If you are looking to file contempt of court against your ex spouse or if you are in contempt of court it is important to contact an experienced Family Law Attorney to understand your rights and the contempt process.

Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Divorce Attorney
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
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 , Divorce Lawyer GA , Atlanta Divorce Attorney
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: Divorce Lawyer GA , Divorce attorneys marietta ga , Atlanta Divorce Attorney
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.

Tagged in: GA Divorce Lawyers , Divorce attorneys marietta ga , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Not all divorces end on a happy note with both parents remaining friends and working together to raise a child. Some divorces can become a battle with one parent trying to outdo the other or trying to make the other look bad. During these types of heated divorces a temporary court order may be necessary.

A temporary court order will help regulate actions taken by either party during the divorce process until a final decision can be made. Below are the different types of temporary court orders that can be issued in Georgia:

  • Temporary Protective Orders – This type of order is similar to a restraining order, and is commonly used when one party has acted in a violent way during the divorce.
  • Temporary Child Custody Orders – When fighting over children occurs a temporary child custody order may be put in place to clearly define what the best situation is for the child until a final decision is made in court.
  • Temporary Child Support Orders – A child support order protects any children involved from not receiving necessary financial support from either party during a divorce.
  • Temporary Spousal Support Orders – This order is used primarily when the primary income earner no longer agrees to support the other spouse financially during a divorce.
  • Standing Orders – Standing orders help to clarify who is allowed to live in the residence and have access to specific cars and/or accounts during the divorce.
  • Temporary Order Not To Sell Assets – This type of court order keeps either spouse from selling any assets acquired throughout the marriage during the divorce process.

If you are considering any of the above options it is important to speak to an experienced divorce attorney before making any decisions.

Tagged in: Marietta divorce attorney , Family Law Attorneys Atlanta , Divorce attorneys marietta ga , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

We understand the divorce process can be overwhelming and confusing, so we have compiled a list of some of the most commonly asked questions to help.

How much will a divorce cost me?

The clerk charges $213 minimum for the filing fees alone.  For your attorney, not every divorce is the same and it will largely depend upon the complexity of the case and your specific situation.

How long does a divorce take?

There is no set time frame for a divorce. If you and your ex are on the same page and can agree to terms during mediation then the process will stay fairly short.  However, the law does require a minimum thirty (30) day waiting period from the time you file and your spouse is served.

Do I have to give a reason for the divorce?

No. Georgia grants “no-fault divorce” which means you do not need to list a specific reason for the divorce other than the marriage is irrevocably broken.

What about the children?

If you and your spouse cannot agree, the court will ultimately decide what is in the best interest of the child. In Georgia both parents are required to support the child until the age of 18.

Can I get alimony? / Do I have to pay alimony?

Alimony is not mandatory in Georgia but may be awarded depending upon one spouses needs and the other spouses ability to pay.  There are various types of alimony that may be awarded based on the circumstances of each case.

What is a collaborative divorce?

During a collaborative divorce both parties sit down with their lawyers and talk through any disputes and come up with a mutually agreed upon settlement instead of having a judge decide your fate.

Can child custody be modified?

Child custody along with visitation orders may be modified, however keep in mind with regards to visitation modifications there is a two-year limitation that may apply.

If you are considering a divorce or are in the middle of one contact an experienced family law attorney immediately to better understand your rights and help you through the process.

Tagged in: Marietta divorce attorney , GA Divorce Lawyers , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

It is extremely important that you hire an attorney trained in divorce and family law when going through the divorce process, especially if you are fighting for child custody. Here are a few tips to keep in mind when searching for your divorce attorney.

  • Trained attorneys – While many attorneys who hold themselves out as practicing family law may be equipped to handle a number of family law matters, it is best to find an attorney that is trained and experienced in what you need.   Hiring an attorney that is trained and experienced in child custody is going to know the ins and outs of child custody better than a general family law attorney.
  • Attorney Fees – It is important to ask during an initial consultation what the attorney fees and retainers are. Everybody has different budgets when going through a divorce and you don’t want to be surprised after you hire the attorney. Don’t be afraid to ask how often you will be invoiced along with any other questions you may have about fees and expenses.
  • Find testimonials or recommendations – It is always best to do your homework when it comes to finding a good divorce lawyer. Search around for testimonials and reviews on them and see what their reputation is around town. If you can’t find anything you can ask the firm for some references you can contact.  
  • Feeling comfortable – Above all one of the most important things when choosing a divorce attorney is feeling comfortable with them. You are going to be working closely with your attorney during a very emotional time in your life and you don’t want to have an attorney that you feel like you can’t open up to. You have to be confident in your attorney’s ability and their commitment to you and your case.  

The bottom line is before settling on a Georgia divorce lawyer make sure you have done your homework and feel confident in your decision.

 

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