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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 , 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 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 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 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 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: 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 , 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: 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.

 

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