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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 , Atlanta Family Law , Atlanta Divorce Attorney Feb 28, 2012
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 , Divorce Lawyer GA , Atlanta Divorce Attorney Feb 21, 2012
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 , Atlanta Divorce Lawyer Feb 07, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

 Valentine’s Day can be an especially difficult day if you have recently been divorced. Whether it is your weekend with the kids or you are home alone here are some tips for making the day a little better.

  • Make it all about the kids: If kids are involved try to make Valentine’s Day fun for them instead of focusing on being single. You can make homemade cards together and let them pick dinner.
  • Don’t stay home alone: Instead of sitting in your pajamas watching sappy movies call some girlfriends or family and ask if they want to rent a funny movie, get drinks or spend the day pampering yourself at the spa.
  • Avoid romantic places: Avoid the fancy restaurants and love story movies. The last thing you need is to be surrounded by couples.
  • Remember it is just ONE day: If you are recently single you may feel like your world is caving in on Valentine’s Day. Instead of thinking about not having a partner to share that one-day with think about all the positive things that are happening in your life.

 

Remember Valentine’s Day is a day to celebrate love, so celebrate with those people in your life that you love and that are always going to be there for you, your friends, family, and kids.

Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Family Law Attorney Feb 01, 2012
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 Jan 25, 2012
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 Jan 17, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

After two parents get divorced it is not uncommon for one of the parents to feel guilty and think they have to buy their child’s love and affection. In many cases it is the non-custodial parent who often feels this burden so that their child will look forward to their time together. Below are some tips to help from falling into what is commonly known as “Disneyland Parent Syndrome.”

  • Communicate – It is important for the non-custodial parent to call as much as possible. This lets the child know even though you can’t be around everyday, you are there for them and they can talk to you anytime of day still.
  • Be involved – Be sure to communicate with your ex spouse about any extra curricular activities the child may be involved in, birthday parties, or other activities. Don’t wait for an invite from your ex spouse to attend a sporting event or play.
  • The small things still matter – You don’t have to buy you child a lavish present every time they come visit for them to enjoy their time with you. The small things like leaving a note in their lunch and spending quality time with them when you are together will let your child know you still care about them.
  • Restrictions are needed – It will be natural for you to want to spoil your child if you haven’t seen them for an extended period of time but it is important to remember your child still needs boundaries when they are with you. Setting boundaries will help your child respect you instead of seeing you as just a friend.
Tagged in: Marietta family law attorneys , Marietta divorce attorney , Atlanta Divorce Attorney Jan 10, 2012
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

While you may not think so, the judge in your divorce case is carefully watching your every move in court. It is important to be knowledgeable about the divorce process as well as how to behave while in the courtroom to insure you make the best impression on the judge as possible.

1. Dress professional: Making a good first impression in the courtroom is an important part of the process. Walking into the courtroom in professional dress with minimal jewelry and make up shows you are taking the court seriously.  
2. Turn off cell phones or other devices: Turning off your cell phone is another sign of respect for the courtroom, the judge and everyone’s time. If there are circumstances that require your cell phone or another device to be on be sure to have your divorce attorney explain the situation to the judge before court starts.
3. Be respectful: It is important to show the judge that you are an adult and can handle this process, while it may be tough, like an adult. It is important to not only show the judge respect during court but to also show him that you can be respectful and cordial to your ex while in the same room.
4. Be prepared: While the divorce process can sometimes become long and drawn out, it is important to stay organized and prepared throughout the entire process. Showing up to court without necessary paperwork or information needed only shows the judge you are not taking the divorce or his time seriously.

 

Hire an experienced Georgia divorce attorney to fully prepare you for your divorce case and court.

Tagged in: Marietta family law attorneys , Marietta divorce attorney , GA Divorce Lawyers , Atlanta Divorce Attorney Jan 04, 2012
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 family law attorneys , Marietta divorce attorney , Atlanta Family Law Dec 28, 2011
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 , Divorce Lawyer GA , Atlanta Divorce Attorney Dec 20, 2011
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 .

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