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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 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: Marietta divorce attorney , Marietta Attorney , GA Divorce Lawyers , Atlanta Divorce Lawyer , Atlanta Divorce Attorney
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery
prenuptial agreements atlanta divorce attorneys

The last thing on your mind when you are entering a marriage is the possibility of a divorce. Prenuptial agreements are not designed to anticipate one’s failed marriage but simply to protect oneself in the event that one day you do decide to end your marriage. While many think of them in a bad light, prenuptial agreements can provide a number of benefits including:

  • Gives you control: Prenups let you have control over what you get in the case of a divorce. They allow any personal property or family heirlooms to stay in your possession.
  • No Stress: Prenups can significantly cut down on the stress and tension during a divorce. Instead of worrying about what you might lose or feeling like you have to win something from your ex spouse you already have a plan of how property is going to be divided.
  • Protecting your assets: Prenups are extremely beneficial for individuals who are the higher income earner, have large savings, their own business or a large inheritance. Protecting these assets can give you peace of mind.
  • Protecting any kids involved: A prenup is also a good idea for a person entering a marriage with a child. The prenup will protect anything that is supposed to go to your child as inheritance and can protect your child’s financial future.

 

If you are getting married and are considering a prenuptial agreement talk with an experienced Atlanta family law attorney to understand the benefits more before making a decision.

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.

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

divorce lawyer family law attorney child custody

Summer time can be a big adjustment if you have recently been divorced. Trying to work around everyone’s schedule and ensure each parent gets their allotted time with the children can prove to be challenging and stressful. While planning a separate summer vacation from your ex spouse can be difficult, these few tips can help make summer vacation planning a little easier. 

  • The sooner the better: The sooner you make your summer vacation plans and discuss (by sending an email) them with your ex the less likely any arguments or conflicting plans arise.
  • Ask your kids: Talk to your kids about summer and make sure you make time to do things they want to do and work around any summer camps or activities they have planned. Don’t make any commitments with the kids without discussing things with your ex.  
  • Take into consideration special events: Try not to plan a summer vacation during your ex’s birthday or any other special events that take place during summertime.  
  • Follow any court guidelines: Visitation rights and guidelines for both parents during the summer months should be included in your divorce decree. If you are required to receive permission from your ex in order to take your child out of state make sure you follow all court orders in order to avoid repercussions later. It is best to get arrangements in writing with both parents signature so there is no dispute later on about what was agreed upon.

If you are unaware or unsure about legal issues relating to planning a summer vacation with your child you should consult your family law attorney.

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

unmarried parents with children family law

Many couples decide to live together and have a child without getting married. If the relationship doesn’t last do the same rules apply for unmarried couples with children as married couples? The answer is no.  If a child is born out of wedlock child custody is handled differently than for couples that get divorced. Here are a few things for unmarried couples to keep in mind:

  • Spousal Support: Unmarried couples are not entitled to spousal support in the same way divorced parents are.

The mother of the child can have the father arrested for abandonment if he does not provide financial support for the child.

  • Mother’s Rights: If you decide to go your separate ways as unmarried parents the mother will automatically receive full physical child custody until you file a lawsuit to get the same rights.

  • Proving Paternity: If the father decides to contest child support he can ask to prove paternity.

  • Petition for Legitimation: If the father is looking to gain legal rights to the child and wants to have a relationship with the child he would file a petition for legitimation. This is done after you have proven paternity and allows you to exercise your rights as a father.

 

If you are an unmarried parent and need to establish a legal relationship with your child you should contact a family law attorney to discuss your rights and options.

 

 

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

Raising children can be one of the most fulfilling life experiences you’ll have, but it can be expensive. That’s why the IRS offers parents a tax break, otherwise known as a “Child & Dependent Care Tax Credit” to alleviate some of these expenses. If you’re filing taxes for the first time after a recent divorce, you may question whether you or your ex-spouse should file for the child dependent deduction. Luckily, the IRS has specific guidelines to help you determine which parent should claim child dependency for tax purposes. Here are some quick tips about child dependency deductions:

  • According to the IRS: The IRS states that only one parent may claim a child for tax exemption, when you are divorced or separated. The IRS states that the parent who has physical custody of the child for the majority of the year is entitled to claim the child as a dependent.

If both parents have equal custody of the child then the parent with the higher income would be considered the custodial parent for tax purposes and receive the tax break.

  • How long can you claim a child: Once a child reaches the age of 19, they are considered an adult and neither parent is seen as having custody. If the child is attending college the dependency deduction may be given to the parent who is contributing one-half of the child’s support until they reach the age of 24.
  • Judge has no power: It is important to understand a judge cannot order either party the right to receive child dependency deductions.

The noncustodial parent can receive the deduction if the custodial parent agrees to relinquish their right to the deduction. The appropriate paperwork must be completed and filed before the noncustodial parent receives the deductions. Having an experienced family law attorney is beneficial to you during this process, and can help to ensure the most amount of money is staying within the family.

 

It is important to consult a tax professional to get all the details and fully understand child dependency deductions.

 

Tagged in: Spousal Support , Marietta Attorney , Family Law Lawyer , Family Law Attorneys Atlanta , Family Law Attorney Atlanta , Family Law Atlanta , Divorce Lawyer Atlanta Georgia , Atlanta Family Law Attorney , Atlanta Family Law , Atlanta Divorce Lawyer , Atlanta Divorce Attorney , Atlanta Child Custody , Alimony
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Being aware of your actions and words as a parent can single handedly alter the severity divorce has on a child.  From a legal perspective, the way a parent interacts with his or her child can influence child custody, visitation, and parental rights in Georgia. The courts are interested in determining which parent is acting in the best interest of a child, so it is imperative to act responsibly to protect your children’s emotions from the stresses of divorce. Here are a few suggestions of what not to say or do when communicating with your child about your divorce.

Avoid giving children too many “adult details”—It is important to consider your child’s age when speaking to him or her about your divorce. The majority of the time a child will not understand, nor do they need to know, if you are getting a divorce because of issues that relate to intimacy, money, abuse or addiction of any kind. It is best to leave the conversation as simple as possible with your child and not get into specifics.   Too many parents fall into the trap of thinking “hey my child asked me and I didn’t want to lie” and “I just wanted the child to know the truth” and “I didn’t think fast enough to think of something else to say”.  What you should say instead is “both your mom and your dad love you very much”.  And if you say it over and over again that will not hurt you, no matter how much you want to say something else.  As a matter of fact, watch closely as you say it and you will see the relief in the child’s body language.

 

Remind children that they still have a present mom and dad—Divorce can make a child feel like they are losing a parent, so it is imperative to express to a child that they will still have two parents present in their life.  Be sensitive, listen and make yourself available to discuss divorce in a mature way. Prove with your actions that you are present and available.

 

It’s not their fault—Reminding a child that they are not to blame for the divorce is essential to helping children cope with divorce. Children need to be reassured that they did not do anything wrong, and that divorce is an adult issue. Children tend to personalize divorce in many cases, so make it perfectly clear that they’re not at fault. 

Don’t ask them to choose sides—Asking a child to choose one parent over the other is not fair to the child and can result in resentment later on down the road. Furthermore, a court will tend to not give custody to the parent who is willfully jeopardizing the other parent-child relationship, as doing so is emotionally damaging.

Dogging out the other spouse- While going through a divorce is emotional, it is vital that the parents do not lash out at the other, or talk badly about each other in front of the children. It is unhealthy for the child to hear their mom or dad being called negative words by the other. Defaming your ex-spouse can also be held against you in court and can affect the outcome of a custody hearing.

When interacting with children, be merciful and kind, and remember that divorce is a problem between two adults.