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

Child custody battles can often turn heated during an emotionally charged divorce. Your ex spouse may try to make you look bad to the judge in order to lessen your chances of receiving custody. Below are three tips to help protect yourself and prepare for anything that gets thrown at you during a child custody battle.

  • Your role: During your custody hearing the judge may ask you question pertaining to your role in your child’s life. It is important that you be able to define your role and provide examples of how you impact the child’s life in a positive way.
  • Keeping records: Documenting as much as possible is only going to help you during your custody hearing. Being able to provide records for financial support, how much time you spend with the child, participation in the child’s school activities and education are all going to be beneficial to you. 
  • Don’t assume: Never walk into a court hearing assuming that you are going to be awarded custody because of financial status, gender or by pointing the finger at the other parent. 

It is extremely important to be prepared for a custody hearing as you may only have one chance to prove you are the best caregiver for your child. Always hire an experienced Marietta family law attorney before your child custody hearing.

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

Not all divorces are mutual between the two parties and they can often get heated as emotions run high during the process. A Guardian Ad Litem is often used during divorce cases where the two parties are battling for child custody and making harsh statements about the other parent’s ability to be a proper guardian.

A Guardian Ad Litem is not an attorney that directly represents the child, but instead is brought onto the case to represent the best interest of the child involved. The Guardian Ad Litem will examine the child’s life and produce a report along with recommendations for the Court to take into consideration during the case. A few of the things a Guardian Ad Litem might look at while doing an investigation include:

  • Home Visits
  • Interviews with you and your spouse alone
  • Interviews with any childcare providers
  • Consultations with any teachers
  • Review of medical records

It is important that you discuss the possibility of having a Guardian Ad Litem with your GA divorce attorney at the beginning stages of your divorce.

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

Many times you hear about all the things you should do during a divorce case but what about the things you shouldn’t do? While emotions run high during divorce you might not realize some of the small things you are doing could harm or affect the outcome of your divorce case. Here are a few things to keep in mind of what not to do during a divorce:

  • Taking legal advice from friends and family: While your friends and family probably have your best interest at heart they are not lawyers and should not be giving you legal advice during your divorce. Every divorce case is different and you cannot go off another’s experience in court to make your decisions.
  • Being dishonest with your attorney: Lying to your attorney or not fully disclosing all the information that is requested can only harm you during your divorce case. Your attorney must know all the facts so they can properly represent you during the divorce.
  • Making rash decisions based on emotions: While emotions tend to run high during a divorce do not refuse to communicate with your ex during the process. This will only make you look bad in court. You should also never make large monetary decisions quickly or solely based on emotions during a divorce. Consult your attorney if you have any questions before making financial decisions during a divorce.
  • Be uncooperative during court: During your divorce case there might be experts involved that will want to work with you and ask you questions. You should never come off as being uncooperative or rude to these professionals.   
  • Settle without fully analyzing the case: Every divorce case is different and the worst thing you can do is settle just for the sake of getting the process over with. There are many factors that go into making child custody decisions as well as alimony and you should understand all the facts before making a decision.

You should always turn to your GA divorce lawyers to answer any questions you may have during divorce so they can properly guide you through the process. 

 

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.