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

Many couples decide to settle their divorce through mediation or a collaborative process rather than through a court trial. For those couples we have put together the top six things to keep in mind during negotiations in order to reach the desired outcome for both parties. 

  • Do your homework: In order to come to an agreement and to live with your settlement you need to be prepared before you meet.  If you aren’t clear about the other parties assets or income, you are not going to be able to make a reasoned decision.
  • Forget the past: In many cases one spouse or the other was betrayed or hurt during the marriage. In order to successful settle your divorce and move on you must not focus on the betrayal but the future.
  • Work with your ex: While it may be difficult to see your ex as a partner during this time it is important to continue to work with your ex to solve any issues that may arise during the divorce process.
  • Be creative: Staying open and thinking outside the box during your divorce process can help solve conflict in a positive way.
  • Keep moving forward: Don’t get caught up in any petty arguments during your divorce process. The whole point of mediation and collaborative divorce is to be able to settle your divorce in a more positive way. Only talk about things that are going to help you and your ex move forward in the divorce process.
  • 6. Don’t speak for your ex: During negotiations don’t assume your ex’s feelings or make accusations. Only speak for yourself and how you are feeling and let your ex do the same in order to come to a reasonable agreement.  

 

The bottom line during divorce negotiations is to reach a desired outcome for both parties involved and to settle the divorce in a respectful, timely manner. If you are considering alternative methods to divorce other than court speak to a divorce attorney to understand all your options.

 

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

While emotions run high during a divorce, it can become even more difficult when kids are involved. While it may not seem like a big deal for you to hide your true feelings about your ex from your kids, it can drastically affect the outcome of child custody during your divorce. Below are 5 things you should never do while going through a divorce.

  • Don’t ask your kids to give your ex a message – You should not involve your kids in the communication process between you and your ex. There are a number of other avenues to take when communicating with your ex instead of asking your child to be in the middle.
  • Don’t ask your kids to lie – Asking your kids to lie about something to the other parent only puts pressure and stress on the child along with making you look bad. It is best to not do anything or say anything you do not want repeated to your ex during your time away from your child.
  • Don’t ask your kids questions about your ex – When your kids come home from staying with your ex don’t drill them with questions about the visit and stay positive about their relationship with your ex.
  • Don’t ask your kids to take sides – Asking your kids to take sides only puts them in a stressful situation and could potentially ruin their relationship with the one of the parents.
  • Don’t ask your kids for advice – Your kids are already going through a difficult time, you should not unload your stress, anger, or hurt onto them anymore. Your kids are not your therapists and you should not discuss your divorce with them.

You should speak to an experienced divorce attorney to fully understand your rights during a divorce.

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

Every divorce is different and requires special attention in different areas. There are a number of divorce options in Georgia to consider when going forward with the divorce process. Below is a break down of each option.

  • Contested Divorce or Litigated Divorce – If the two parties do not agree to the grounds or the terms of the divorce there is usually more of a battle as to any or all of the issues that arise during the proceedings.
  • Uncontested Divorce – An uncontested divorce is less difficult than a contested divorce and is filed as a no-fault divorce. There are multiple ways to dissolve a marriage in an uncontested manor including mediation.
  • Collaborative Divorce – Collaborative divorces include a team of professionals working together with you and your ex to settle the terms of the divorce. Collaborative divorces can go on for as long as necessary to settle any issues and are more focused on the needs of the individuals and any children than fighting.
  • Mediation – During mediation the parties in the divorce meet with a neutral third party to solve any remaining issues. Mediation generally is not an ongoing process and is relatively short. The mediator during mediation is not allowed to give legal advice or take sides during the process.
  • Arbitration – Arbitration also involves a third party to solve any remaining issues. The difference is during arbitration the third party is generally a lawyer, rather than a Judge, with arbitration training and makes the final decision after hearing both sides.

You should always speak to your divorce attorney before deciding which method will work best for your case.

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

When a couple or an individual is considering ending their marriage the reason for the divorce may be simple or complicated. You might be wondering if you have to disclose the reason for the divorce when filing in the state of Georgia. The answer is no, in Georgia there are 13 grounds for divorce, including fault and non-fault divorces. Below is the breakdown of each filing.

Fault Divorce: Under Georgia law there are twelve grounds for divorce that are fault grounds.  They are:

  • Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
  • Mental incapacity at the time of the marriage;
  • Impotency at the time of the marriage;
  • Force, menace, duress, or fraud in obtaining the marriage;
  • Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
  • Adultery in either of the parties after marriage;
  • Willful and continued desertion by either of the parties for the term of one year;
  • The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
  • Habitual intoxication;
  • Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
  • Incurable mental illness;
  • Habitual drug addiction.

 

When filing for divorce under one of these twelve fault grounds you must provide evidence that there is substantial reason for the divorce.

No-Fault Divorce: Filing a divorce under the grounds of no-fault means the marriage is irrevocably broken. When filing for a no-fault divorce you are not obligated to provide any other reason for the divorce or any wrong doing by the other party.

 

It is important to discuss all your options with an experienced Georgia family law attorney as laws vary from state to state.

 

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

Many fathers are uninformed regarding child custody or visitation after divorce. One common myth is that the mother’s requests are given priority in determining custody, and that the father must comply. Don’t miss out on being a part of your child’s life. You have the same rights as your ex-wife, unless stated otherwise by the court. Here are four rights you have as a father:

  • The right to be the custodial parent: In decades past, mothers largely won primary custody of their children without much protest. In recent years, more fathers have been granted custody during divorce proceedings. As more women have started working full-time even after the birth of their children, more fathers are adopting the role as primary caregiver. The court will ultimately consider the best situation for your child when granting custody.
  • The right to be involved: You have the right to spend quality time with your child, which means you have the right to visitation. You can and should maintain a consistent schedule so that you and your child can spend plenty of time together. 
  • The right to co-parent: If parents are equally involved in parenting before divorce, the court often opts to maintain a similarly equal schedule for the child after divorce. The rules and regulations for co-parenting are different in every state, but hiring a divorce lawyer that knows these rules is crucial to obtaining your rights. Courts often request proof that you and your ex-spouse are capable of communicating effectively to make decisions for your child.
  • The right to assist decision-making: If you are in a co-parenting custody arrangement, you have the right to assist is making decisions concerning your child’s education, health and religion. 
  •  

    Keep in mind Georgia requires unmarried fathers to legitimate the child before rights to custody or visitation is considered in court.

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

    Many single parents may be surprised to find out that while the courts issued a child support order, it doesn’t always translate into receiving full payments on time. So what is a single parent supposed to do when they are not receiving child support payments from their “deadbeat” ex? Here are a few tips to help you get through this tough situation.

    1. Do not treat the situation lightly: If you treat child support payments seriously, and as business transaction it will encourage the other parent treat the situation seriously as well. This is money you are legally owed and is important for you and your child’s future.
    2. Keep records: It is best to keep records of every payment made to you and how much was made. It’s also important to give the other parent a receipt for every payment made. If you should have to go back to court to claim payments you have backed yourself with a paper trail of records.
    3. Do not withhold visitation rights: If the other parent is not sending child support payments on time, do not try to withhold their visitation rights with the child. This is only going to get you in legal trouble. Withholding visitation can only be done if advised to you by a lawyer or judge.

    The family law attorneys at Stearns-Montgomery & Proctor are used to this scenario. Legally, a person would need to file a Motion for Contempt against the offending party to rectify the situation. Contempt is defined by Georgia Divorce, Alimony and Child Custody as “a ‘willful’ refusal to comply with a judgment or order of the court.” A person is in contempt if he or she does not met the terms set by the Judge in a divorce case.

    Besides legal action, if you’re dealing with a deadbeat ex, it’s critical to focus on you and your children’s needs. If possible embrace activities that make it easier to be a “lone” parent. Find support within your own community by joining weekend sports teams, camps, or scout troops.

    Tagged in: Atlanta Family Law Attorney , Atlanta Family Law , Atlanta Child Custody
    Mary Stearns-Montgomery
    Posted by: Mary Stearns-Montgomery

    Adopting a child is a big decision for a couple to make and the process is often long and grueling. Here are a few tips to make the process of adopting a child a little easier on you and your family.

    Tips for Adopting

    • Know all your options: It is important to consider all of your options and do your homework when considering adoption. Take into consideration adopting domestically as well as internationally, as there are different legal aspects to both.  Inter-family adoptions need special attention to timing.  A grandparent or a step-parent may not feel the need to move quickly when the biological parent isn’t taking responsibility, however if the biological parent changes his or her mind he or she has complete power to take the child at will, even if a Guardianship is in place.

    • Be specific about what you are open to: Remember to be specific when talking to an adoption agency about what you and your spouse are capable of and open to handling. It is better to be specific and open with regard to a child with physical disabilities, health issues, mental issues relating to the child’s past, as well as race and gender.

    • Have a support group: Adopting a child is a very emotional process and it is beneficial to have a strong support system around to keep your spirits up and encourage you not to give up if something goes differently than expected.  If you do not have immediate family for support, there are blogs and chat groups you can join to find support from other families going through the same process.

    • Rely on a skilled family law attorney: An experienced adoption attorney will have the knowledge and the resources to help guide you through the adoption process.  A practiced family law attorney will understand how to overcome the myriad of obstacles in the adoption process.

    • Give yourself realistic expectations: It is important to keep in mind that the child you are adopting might not be perfect. It may take the child some time to warm up or accept a new family. Adoptive children need unconditional love and reassurance that they are loved and you accept and support them no matter what before they feel safe and comfortable.

    Adopting a child is extremely rewarding, and is an incredible act of compassion.  The adoption process can be logistically complicated at times, but a capable family law attorney can help navigate through some of the difficulty.

    << Start < Prev 1 2 Next > End >>