Few events in life are more difficult than a divorce or child custody battle... we'll help you get through the process.
Newsletter




Family Law Blog

Get the latest news and views in Family Law from experienced Family Law attorney Mary Stearns-Montgomery.
Tags >> Atlanta Family Law Attorney
Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Family Law Attorney
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
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 divorce attorney , GA Divorce Lawyers , Atlanta Family Law Attorney
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 divorce attorney , GA Divorce Lawyers , Atlanta Family Law Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

While alimony is not a requirement in Georgia it can be awarded when the situation is right. Alimony, just like child support, can also be modified when necessary after it has been granted. Below are some reasons why your alimony payment may be modified.

Change of Financial Status:

Alimony payment/support may be modified in Georgia is if there is a change in income or financial status of either spouse or if the spouse that is paying alimony hits a financial setback including losing his/her job or receiving a reduction in income. A modification in alimony may also occur if the spouse receiving alimony gains a large sum of money through inheritance or other means.

Keep in mind alimony payment/support can also be modified upward if the spouse paying alimony gains a raise or the spouse receiving alimony has a sudden decrease in income.

Cohabitation:

In Georgia alimony payments may also be modified or eliminated if the spouse receiving alimony support decides to cohabitate with another regardless of gender. If the spouse petitioning for a modification can not fully prove their ex spouse is cohabitating, then the petitioner will be responsible for paying any attorney fees incurred by the defense during the process.

If you believe you have a case for alimony modification you should immediately speak to a Georgia family law attorney to discuss your options.

 

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

While they are not common in Georgia, annulments can be granted under specific circumstances. An annulment is used to end a marriage that, in the states eyes, is invalid, compared to a divorce that ends what is considered to be legally a “real” marriage.  The terms under which one can obtain an annulment are listed below.

  • The two spouses are related
  • At least one person in the marriage did not have the mental ability to enter into the marriage.
  • One spouse was forced into the marriage.
  • One party was fraudulently misled into the marriage.
  • One party was already married to another individual when entering into the marriage.

The point of an annulment is to return each individual to the condition they were in before the marriage. One point to keep in mind is that even if all the conditions above exist, if a child was conceived during the marriage then an annulment is a much more difficult option to consider. If you are considering requesting an annulment call an experienced Georgia family law attorney to help you.

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

Some couples may not choose to file for a divorce but decide to live apart and go on with their lives individually instead of together. In Georgia an alternative to getting a divorce is a separate maintenance action.

Separate maintenance actions are similar to regular divorces in Georgia as they both allow for certain issues such as alimony, separation of assets, child custody and child support to be resolved. One main difference between divorce and a separate maintenance action is that a couple does not have to live in the state of Georgia for at least six months before filing a separate maintenance action.

If you choose to file for a separate maintenance action you are not legally allowed to remarry until you officially file for divorce and receive a final decree of divorce. If you do decide to file for a divorce after you have already filed for a separate maintenance action the agreement in place between the two parties in the separation can help to minimize the cost and time that a divorce takes.

Filing for a separate maintenance action in Atlanta, Georgia is very similar to the process of filing for a regular divorce. The process can get confusing and complicated and it is in the best interest of the individual to hire and experienced Atlanta family law attorney before attempting to file for a separate maintenance action.

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

When the unexpected, or maybe not so unexpected, decision to file for divorce comes it is important to understand the necessary steps to take. Many are dealing with the emotional strain of knowing their marriage is coming to an end without adding the extra stress of figuring out how to actually file the divorce. This list of tips is intended to help you navigate your way through filing for divorce more easily.

  1. 1. Hire a divorce lawyer: The very first step to take when you are deciding whether to file for divorce or not is to consult a Georgia family law attorney. They will be able to answer any questions you may have, help you make sure you are providing the courts with the right paperwork at the right time, and give you specific information regarding your case in Georgia.  
  2. 2. Prerequisite to filing: Before you are able to file for divorce in Georgia you must have been a resident of Georgia for at least six months. Only one party has to be a resident of Georgia in order to file.  
  3. 3. File a complaint: If you are requesting a divorce in Georgia you must file a complaint in the proper county’s superior court. This complaint includes information regarding the divorce such as present living arrangement, children, assets and debts, and grounds for a divorce. 

You must also file any other requests at this time including alimony, name change, child support, etc.

  1. 4. Service of Process: After you have filed the correct paperwork you will arrange for proof of service of process to prove the other party received the petition for divorce. Once your spouse has received the service of process they must file a response. The response is where the other party can dispute anything they disagree with in the petition.

 

If you are filing for a divorce in Georgia it is in your best interest to consult with a Marietta divorce attorney or Atlanta divorce attorney first so you do not encounter any unnecessary complications later.

Tagged in: GA Divorce Lawyers , Divorce attorneys marietta ga , Attorney Atlanta ga , Atlanta Family Law Attorney , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery
atlanta divorce attorneys collaborative divorce

Collaborative divorce is a common practice in family law that encompasses three main elements: the voluntary and free exchange of information, a pledge not to litigate, and a commitment to resolve issues in the best interest of both parties’ shared goals. This process takes out the situation of being in court, which can be nerve-wracking, but still allows you to feel the comfort of having your attorney help you through the process.

Collaborative divorce does not involve a mediator like in mediation, but instead brings the two parties and their lawyers together to work out any unresolved issues. Collaborative divorce is designed to keep things positive and prevent hatred between the two parties. Once an agreement is reached the lawyers draft the document and both parties sign it when they feel comfortable with the terms of the agreement.

For many parties collaborative divorce proves to be more efficient. You are able to stay in control of the process and outcome as well as focus on the issues that really matter instead of making divorce a battle. If you are considering collaborative divorce speak to your divorce attorney to see if it is right for you.

Tagged in: Marietta Attorney , Family Law Attorney Atlanta , Divorce Lawyer Atlanta Georgia , Atlanta Family Law Attorney , Atlanta Divorce Lawyer
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Whether the decision to co-parent is a mutual decision between two parties or its decided by a judge, co-parenting is in the best interest of the children. While it may be hard to put aside bad feelings between you and your ex, it is important to consider what is best for any kids involved and put aside those feelings to work together with your ex. Here are some tips to help you make co-parenting successful.

  • Communicate: While it may seem difficult at times it is important to keep an open, respectful line of communication between you and your ex-spouse. With the advent of emails and text you can easily control your emotions by reviewing your communications before they are sent.  During communication stick with talking about the kids and don’t bring up the past or argue.
  • Consistency: When you are involved in a co-parenting situation the child is spending time with both parents. It is important for both parents to be on the same page when it comes to making important decisions. Try to keep a consistent schedule so the kids know when to expect to see each parent.  
  • Adapting: It is common after a divorce that one or both parties will eventually move on and maybe enter into another relationship. It is important to learn to adapt to any new changes that might arise and help your child adapt as well.  
  • Respect: Respecting each other as parents is extremely important for making co-parenting work. Do not bad mouth the other in front of your kids and don’t use the kids to get information about the other one. If your kids see you can be civil with your ex-spouse it will help them adjust better.

 

It is important that you review your co-parenting plan with an experienced Georgia divorce lawyer to make sure you didn’t miss anything. 

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

georgia divorce lawyer meetingGoing to your first meeting with a divorce lawyer can be an overwhelming experience. You may be intimidated by the lawyer’s office or feel unsure about the process and nervous about your unknown future. Preparing before will ensure that you get the most out of the meeting and leave you feeling sure about your decision and the process going forward. Here are some tips for how to get the most out of your first meeting with your divorce lawyer:

  • Arrive early: It may sound like a given but arriving a few minutes early to your appointment will help get the meeting off to a smooth start. Often times there is some preliminary paperwork you are required to fill out and you don’t want to take up your appointment time doing this.
  • Prepare a list of questions: In the weeks or days leading up to your appointment make a list of any questions that come to mind that you will want to ask your divorce lawyer.
  • Review your finances before your appointment: If you maintain your family’s household finances make sure you review all accounts, credits, loans, stock, debts, etc. before your appointment. It is necessary for your divorce lawyer to have an idea of the finances before you begin the process. If you do not have access to this information your attorney can request the information.
  • Bring any applicable paperwork: If you were the party that was served with divorce papers, make sure you bring them with you to your first appointment. Your divorce lawyer will want to review them and can interpret anything you might not understand.

 

It is extremely important that you leave your first meeting feeling comfortable with your divorce lawyer and trusting them to represent you. If not this might not be the lawyer for you.

<< Start < Prev 1 2 3 4 5 Next > End >>