Thursday, October 28, 2010

Divorce and Facebook: Protecting Yourself Online

Social media allows us to comment quickly and casually about our lives, but during a divorce, the consequences of sharing sensitive information may affect the outcome of a divorce settlement. In Georgia, divorce lawyers and family law attorneys can use blogs, Facebook, LinkeIn, Myspace and Twitter posts as evidence in court, so it’s important for people in the midst of divorce to be careful about over-sharing.

In the midst of a painful divorce, it can be tempting to make negative comments about an ex. While there’s no legal recourse for posting a negative opinion about your spouse, it’s important to understand the repercussions. If there are children involved and the court deems your dialogue traumatic or damaging, contact with your children may be restricted. A child’s well-being is incredibly important in the eyes of the law.

If you’ve been celebrating your new single status by attending more parties or bars than usual, you may want to remove sensitive photographs from the web, especially if you have children. You could be seen as an irresponsible parent, and you could lose custody.

Social media users also need to avoid the impulse to show off new purchases. Avoid posting pictures of the Harley your spouse wouldn’t let you buy, a new vacation home in Puerto Rico, or of the flying lessons you’re taking. Evidence of major purchases or extravagant spending could impact your divorce settlement or give the other party cause to investigate your earnings statements.

If you have a new girlfriend or boyfriend in the picture, be sure to keep it private. A skilled divorce attorney may try to position you as someone who wasn’t committed to the marriage.

For someone going through a divorce, protecting your image is important. If you feel like you can’t control yourself online, it might be best to refrain from using your accounts until the divorce is over.

Thursday, October 14, 2010

Limited Representation: Limiting Your Legal Fees in a Divorce Proceeding

For many Georgia residents, the cost of divorce can be overwhelming. A reputable family law attorney should ultimately save money during the course of divorce proceedings, but many often sacrifice quality legal representation and blindly represent themselves in court when legal costs seem high upfront.

This year, the Cobb County judiciary took steps to encourage parties to seek some amount of legal help before their court dates. The Cobb County Courts have had a problem with litigants entering the court with no legal knowledge, which causes delays and slows down proceedings. In an effort to keep the judiciary efficient, the Supreme Court of Georgia has attempted to clarify what Georgia attorneys can offer people in these situations.

Limited scope representation is a way for attorneys to offer their services on a less-broad basis. Instead of charging a retainer and taking on a case from start to finish, attorneys are now able to advise clients on how to proceed on a case-by-case basis. If a case is straight forward, an attorney may be able to guide a client through the paperwork and legal jargon without needing to represent the person for the entire duration of a case. Limited scope representation can help empower litigants in their cases by putting them in touch with someone knowledgeable, and because the attorney is offering a limited service, the associated fees will be lower.

Find out more in the AJC article here, or call and talk to one of our Atlanta or Marietta divorce attorneys at (678)905-8492.





Wednesday, October 13, 2010

Six Steps to Take When You Feel Divorce is Imminent

There’s no question about it — divorce is one of the most difficult and painful decisions someone may have to make. We often listen to clients equate the pain caused by a divorce with that of the death of a close friend or relative. It can be incredibly difficult to make completely objective, emotion-free decisions when going through the process of divorce. However, it’s important to stay in control of your emotions and consider what you may give up when you rely on impulse in times of panic. If you’re in a marriage where divorce is on the horizon, there are a few steps you can take to give yourself an edge.


1. Obtain legal advice before taking major action — Unless you’re in a violent or unsafe environment, talk with a trusted legal advisor before making any important decisions. A lawyer can help you decide how to navigate through the difficult issues, like when to leave the household, whether or not to discuss infidelity, and how to best care for your children.

2. Talk to a therapist or counselor — While marriage counseling can be helpful in resolving difficult issues, once a divorce is imminent, having your own therapist can help you keep your stress in perspective. People often give up if counseling doesn’t work to save their marriage, and they see their own happiness as a lost cause. Taking care of your own happiness is important for you and your family, and it will help you to stay strong during difficult times. Furthermore, confiding in friends could backfire or be used as evidence.

3. Consider a collaborative divorce — Collaborative divorce is a process that allows for both parties to say balanced, positive, and productive. You can read more about it here.

4. Protect your children — If you can stay relaxed during these emotional proceedings, your children will have a much easier time. Try not to bad-mouth your spouse or unload on your children. From a legal standpoint a court will attempt to limit any act that might “alienate the child’s affection for the other party,” and a court may side with the less volatile parent. On top of the legal damages, open hostility towards a spouse promotes anger, resentment, and self-blame in children.

5. Protect your credit rating — Close any joint accounts, or block your spouses’ access. Try to spend your spouses’ income first, marital income second, and your own income last. Establish your own bank account and set up a nest egg.

6. Inventory — Make an inventory of your family possessions, spending, and budget. Copy any documents that may serve as proof during a trial. Tax returns, all banking materials, mortgage documents, monthly bills, and pay stubs will give you an advantage when negotiating your financial future.

The most important thing is finding a lawyer who will take care of you and your assets during these hectic and difficult times. Listen to his or her advice, and try your best to keep calm.

*To speak with a caring attorney about your case please contact our Family Law Firm today. 770-426-1148