Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts

Thursday, January 2, 2014

Mom Must Pay $195,000 in Fees for Custody Battle in Fulton County

Daily Report
2014-01-02 00:00:13.0

The judge overseeing a child-custody battle that brought demonstrators to the Fulton County Courthouse twice this year in support of the mother has made a permanent his decision to keep the 11-year-old child at issue in the father's custody.

Judge John Goger of Fulton Superior Court also ordered the mother to pay $195,513 in attorney fees for pursuing child-abuse allegations against her ex-husband that the judge deemed not credible.



The rest of the article may be found at http://www.dailyreportonline.com/PubArticleFriendlyDRO.jsp?id=1202635308078.

Although this was not our case, we appear in front of this judge recently.  In a case that had similarities to this one, the judge kept custody with my client, the father, and ordered the mother to pay $12,000 in attorney's fees.   The court is sending a clear message about litigants who attempt to abuse the process.

Tuesday, November 19, 2013

Father looks to regain custody in international dispute

Father looks to regain custody in international dispute



Anyone who has been through divorce knows that proceedings can become especially emotional when discussing matters of child custody. Of course, both parents probably agree that custody and visitation decisions should be made to protect the interests of the children, but it can be hard to find points of agreement when caught up in negotiations.

In the midst of custody disputes, parents sometimes make unfortunate choices. This is what appears to be happening in the case of a Colorado father who is trying to get his children back from Argentina. The man's ex-wife defied custody orders by taking the children and removing them from the United States.

About four years ago, the man and his wife were trying to settle their divorce on civil terms because they knew it would be best for their young children. However, the wife falsely accused her husband of being abusive to gain the upper hand during proceedings. As it turns out, the family law judge determined her claims of abuse weren't true and he awarded the father primary physical custody.
Only weeks after the judge's order was handed down, the mother ignored it and took the two kids to Argentina. Now, the man is looking to have his parental rights upheld, but he has to deal with the complications presented by international law.

Thankfully, both the United States and Argentina have signed onto the Hague Convention, which provides guidance in cases of international abductions and custody disputes. Though the case might be covered by this international legal convention, regaining custody in these circumstances is not a simple task.

Of course, not every couple deals with this kind of situation when adjusting to child custody orders. Still, it might be challenging for parents to come to terms with each other. This is why it can be helpful to determine what legal options exist and work with an experienced attorney to reach a mutually beneficial arrangement.

Source: The Huffington Post, "Dennis Burns Waits For Argentinean Supreme Court To Rule On Return Of Abducted Daughters," Nov. 12, 2013

Tuesday, January 24, 2012

When it's time to divorce, put your children first - really.

You've probably heard it before: the reminder that when it comes to divorce, it's important to consider your children. Most people claim to want what's best for their kids, and in their hearts, they do. But in practice, particularly during divorce proceedings, this can be frustratingly difficult.

Child custody is just one of the details you and your soon-to-be ex need to work out as you prepare for your new lives apart. Although the days when custody was automatically awarded to the mother are long behind us, mothers are still more likely to be granted primary custody, and fathers often fail to stand up for their rights.

It's important to keep in mind that unless either of you has shown to be an unfit parent, children greatly benefit in the long term from having relatively equal time with both parents. Too often custody is used as a tool to exact revenge on a spouse, and while it may initially feel good for the parent awarded custody to hold that judgment over the other parent's head, in the end, it's your child who suffers most, not your spouse. At the same time, remember to stick up for yourself before assuming you won't get as much time with the kids as your ex.

Accompanying the issue of custody is child support. In the state of Georgia, child support is usually calculated using the incomes of both parents along with the amount of time their children spend with each. But what if custody didn't enter the equation, and the amount of money each parent had to work with was settled without that tug of war? If custody and support were determined separately, there might be less fighting over both.

Speaking of fighting, many parents believe that they're effectively hiding their emotions about the divorce from their children. But keep in mind how perceptive kids can be without talking directly to them. They hear you on the phone, in the next room, complaining to your friends or to yourself about your ex. Divorce almost always has a long-term negative effect on children. Your job as their parent at this time is to lessen that negativity in whatever way possible. That means both you and your ex need to treat each other as respectfully as you can, and to truly put your child's feelings ahead of your own.

The end of your marriage doesn't have to spell the end of good times for anyone -- you, your spouse or your children. But you as a parent are responsible for ensuring that the details of your divorce, whether it's time (child custody) or money (child support), don't get in the way of a happy childhood for your son or daughter.

Source: Huffington Post, "Divorce + Child Custody = Epic Failure," Ken Solin, Jan. 17, 2012

Friday, January 6, 2012

Is late-in-life divorce a bad financial move?

Statistics seem to support the theory that as the economy worsens, the divorce rate goes down. Many couples, fearing they can't make it on their own finances, opt to stay together, at least until they can afford to split. But older couples, too, are finding that divorce late in life can be a risky prospect.

As one wealth adviser puts it, the quickest way to cut your assets in half is to get a divorce. But for many people, "half" could be a whole lot less, depending on where they work or whether they work at all. Not surprisingly, women tend to fare worse financially in a late divorce. Especially in the case of older couples, they work fewer years than their husbands because they're more likely to have taken time off to raise children. That leaves them with fewer assets and less negotiating power.

With older couples having more traditional roles, women are also less likely to have managed the household finances. That can leave them panicked and unprepared to be financially independent. Couples in this situation should take action by developing individual credit histories. That means getting an individual credit card and making purchases under separate names, ensuring that when the time does come to split, each spouse will be better able to obtain a loan, get another credit card or secure an apartment.

Health care is another concern. Many people are covered by their spouse's health insurance plan, and if they divorce, that coverage will either end or become prohibitively expensive. It might actually be worth putting off a divorce until the non-covered spouse turns 65 and is eligible for Medicare. Long-term care insurance is another consideration for divorcing couples. Paying for assisted living, in-home nursing or medical equipment could be much harder to do once a spouse's income is cut in half.

Finally, take a good look at your pension, if you have one. Survivor rights to a pension could be lost in a divorce. And an ex may be entitled to 50 percent of the other spouse's Social Security benefits if they're greater amount and the couple was married for at least 10 years and divorced for at least two.
Some financial advisers even recommend legal separation as an alternative to divorce because it can eliminate a lot of the financial complications. Of course, if you've really had it with your spouse, this ease might not be worth staying married. Just make sure you know what you're gaining -- and losing -- whatever route you decide to take.

Source: Wall Street Journal, "When Divorce Unravels Your Retirement Plans," Ruthie Ackerman, Dec. 24, 2011

Tuesday, November 8, 2011

iPhone GPS app assists husband in uncovering wife's cheating

iphone-gps-app.jpgThe new iPhone may be having an impact on at least one divorce case. Recently, a suspicious husband utilized an iPhone 4S app to determine that his wife was cheating on him, and the app did confirm his suspicions.

He bought a new 4S iPhone for his wife, and loaded a "Find My Friends" app onto it. His wife later told him that she would be visiting a friend in a certain part of town. The app, however, which has a GPS function, showed him that she was actually in a different part of town, visiting a man with whom she was apparently having an affair.

The app he used is designed to assist in such things as keeping track of children, staying in touch with traveling companions, or being able to find friends in order to get together with them.

The husband had previously suspected that his wife had been meeting this other man, but had been unable to prove it. The iPhone app displays the location of an iPhone user's friends and family on an onscreen map.
The wife in this case had no idea that her husband had installed the app on her new iPhone, and therefore did not shut it off for privacy. Her husband sent texts to her at various times, and it became apparent to him that she was lying to him about her location.

Screen shots of the GPS maps of his wife's locations and of their back and forth texts could possibly be used as evidence in the divorce proceeding. However, obtaining evidence in this fashion can pose legal risks. Our readers may recall a story from last December, in which a man who accessed his wife's e-mail account in order to find out if she was having an affair faced criminal charges for doing so.

Source: The Christian Post, "iPhone 5 Release: iPhone 4S App Helps Man Catch Cheating Spouse," Fionna Agomuoh, Oct. 20, 2011

Monday, October 3, 2011

How to tell your kids about your impending divorce

Telling your kids about your divorce is a highly sensitive subject and should be handled as such. No matter what the age of your child, a clear understanding on how the divorce will have no bearing in the change of feelings or love towards them is what is of most importance. It's best to decide a time to break the news to them so that should they have questions or want to discuss it, that you will be available to them.

While breaking the news of a divorce isn't an easy task, honesty and calmness are important when discussing it. It will serve no use to speak poorly of the other parent or speak poorly of the marriage in general. It can be as simple as telling a child that mom and dad are deciding to get a divorce because they can no longer live with each other.

It is important that a message of this sort is followed up and emphasized with the reassurance that both parents love their child very much and that part will never change. Assure your child the divorce has nothing to do with them, because ultimately it doesn't.

Children are smart and intuitive, and they will most likely suspect trouble far sooner than you would expect. That is why honesty is the best policy. When their fears of divorce do become confirmed, there needs to be an open line of communication. Divorce is the dissolution of a marriage, but a positive parenting structure should always remain intact.

Source: Huffington Post, "So You're Getting Divorced. How Do You Break The News To The Kids?," David Wygant, Sept. 7, 2011

Thursday, June 23, 2011

Allen Iverson's wife rebounds divorce petition

Allen Iverson's wife rebounds divorce petition

allen-iverson.jpgWhen a professional athlete divorces, the divorce can be very complicated and there can be a great deal of money and assets at stake.

For the second time in 16 months, the wife of Allen Iverson has filed for divorce in Fulton County Superior Court. The ex-NBA player, who recently had a run-in with law enforcement officials in Atlanta, left his high-profile NBA position in March near the time of the first divorce petition.

Court papers declare that Tawanna Iverson first approached the courts about dissolving her marriage in March 2010, not long after her husband decided to exit the Philadelphia 76ers for the rest of the season. At the time, Allen Iverson said he had to quit the team in order to care for one his five children, who was ill.

Shortly after Allen Iverson left the 76ers, and around the same time that he had been served the first divorce papers, he was stopped by Atlanta police for a failure to signal traffic violation. Police ran a check on the 2007 Lamborghini and found that Iverson, who owned the car for two years, was still driving with the original dealer tags. Reports say Iverson became agitated and used expletives in his conversation with police.
According to Allen Iverson's lawyer, the first divorce filing, which had cited that the marriage was "irretrievably broken," had been dropped. The attorney chose not to reveal why the petition was withdrawn. Both Iverson's attorney and his wife's lawyer were close-mouthed about the reasons given by Tawanna Iverson for the second petition filing.

The former NBA star has transitioned to playing pro basketball in Turkey in the last few months, although he has let the media know that he is interested in returning to the NBA. It's uncertain whether that desire remains, in light of the new divorce petition.

Source: Atlanta Journal-Constitution, "Allen Iverson's wife re-files for divorce," Alexis Stevens, 6/15/2011

Wednesday, June 1, 2011

Can a long commute hurt your marriage?

atlanta_traffic-sized.jpgIt is bad enough that Atlanta traffic eats up our time, our gas and our patience. But according to a recent study, traffic problems may also be taking their toll on our marriages.

The drive from Gwinnett County to Fulton County is not an experience that many people in the Atlanta area relish. The phrase root canal comes to mind. In fact, Atlanta is known across the country as being a hotbed for traffic jams and congestion. Experienced family law attorneys have heard their clients' many reasons for divorce, but a recent study indicates that all congested roads lead to divorce.

Researchers tracked the commutes and marriages of two million couples in Sweden from 1995 to 2000, and they found that the risk of divorce goes up 40 percent for people who have long commutes. Granted, Georgia does not share that much in common with Sweden. Georgia is hot, and Sweden is not known for its balmy weather. Additionally, long commutes are relatively new to the Swedes, while we have been dealing with them for years. However, the research does have some implications for married couples regardless of where they may live.

The researchers found the rate of divorce increased the most during the first few years of long commute times. By five years, the rate of divorce appeared to level off. The researchers also noted that most of the long commuters were men. This often compelled women to seek jobs closer to home so they could shoulder more of the household responsibilities. It appears that the addition of a commute, like other significant life changes, can add stress to a marriage and lead to divorce.

Source: The Local, "Long commutes 'bad for marriage': Swedish study," Rebecca Martin, 5/24/11

Wednesday, May 25, 2011

The Dodgers' McCourts go back to divorce court

By Edwards & Associates posted in Property Division on Wednesday, May 25, 2011

frank1.jpgThe 2011 baseball season has seen its highs and lows for the Atlanta Braves. Although some fans have been upset by the team's inconsistent performance, they can take solace in the fact that the Braves are not facing the same troubles that the Dodgers are facing. Major League Baseball has already assigned a watchdog to the Dodgers to keep an eye on the team's day-to-day financial condition. In the latest chapter in the property division contest over the Dodgers, the former wife of Dodger's owner Frank McCourt wants the baseball franchise to be sold to keep the team from being taken over by the league.

Jamie McCourt, Frank McCourt's former wife, has filed a claim in Judge Scott Gordon's courtroom to force the sale of the Dodgers. The judge in the case is familiar to the McCourts. Last December, while presiding over the couple's divorce proceedings, Judge Gordon threw out a post-nuptial contract the McCourts had signed in 2004 that would have given Frank McCourt full control of the team.

The ex-Mrs. McCourt said the team has been mismanaged since she was fired as a Dodgers' chief executive by her ex-husband. Her goal, according to court papers, is to get the most value for the franchise for everyone involved, including her ex and the fans. A hearing for arguments on the property division issue is set for June 22.

Media reports say the team is having trouble paying the bills and there are rumors of impending bankruptcy, but Frank McCourt says he's got the financial problems solved. McCourt asserts that the team has cut a $3 billion deal with Fox television for game broadcasts that will bring in a team-saving first payment of $300 million.

The rub for McCourt is that the league must approve that television deal before it becomes reality and that's not something MLB Commissioner Bud Selig says he will do anytime soon. Selig says he won't make any decision on the matter until he gets the results of two separate investigations into the Dodgers' finances. 

Source: Thomson Reuters News and Insight, "Jamie McCourt seeks immediate sale of the Dodgers," Mark Lamport-Stokes, 5/19/2011

Friday, May 6, 2011

Economic conditions affect divorce rate in Georgia

Studies have shown that more marriages end in divorce during a national economic recovery than during a financial crisis. Couples thinking about leaving a marriage tend to feel too uncertain about holding onto a job, selling a home, dividing assets and the extra costs associated with getting divorced to make such a drastic move, according to the American Academy of Matrimonial Lawyers.

During the peak of the Great Recession of 2008-2009, couples modified their budgets along with their wishes to breakup. In the recession's first year, the U.S. divorce rate dropped 24 percent, plunging by 57 percent in last year of the crisis. Since the financial recovery began, statistics for marriage dissolutions once again started to creep up, especially among wealthier Americans whose individual stock portfolios have recovered sooner than the overall economy.

The U.S. has the highest divorce rate in the world with almost 5 divorces for every 1,000 people. Twice that many people decide to marry, although during the 19-month recession, even engaged couples delayed wedding plans. A 2009 Pew research poll found that, for adults 35 and younger, 15 percent suspended marriage for economic reasons and 14 percent delayed the idea of having more children.

One area of the economy that has not yet seen a turnaround is the housing market. Many couples who had been hoping for better housing values before divorcing, have become impatient waiting for the price of homes to increase. Weighing the chance that it may take years for economic recovery to affect the value of real estate, many husbands and wives who have been thinking about calling it quits are no longer postponing the move to make permanent divorce plans.

Wednesday, April 20, 2011

Wall Street III: Diandra Douglas' Lawsuit Never Sleeps

michael-douglas-on-gordon-gekko.jpgIn November, we wrote that Michael Douglas' "Wall Street" earnings were safe for a time after a judge threw out his ex-wife's lawsuit. If his ex-wife, Diandra Douglas, has her way with a renewed lawsuit over marital property division, his earnings for a film he made 10 years after their divorce will be split 50/50.

Michael Douglas returned to court this month to contest the renewed lawsuit brought in New York court involving his earnings for the 2010 film "Wall Street: Money Never Sleeps." The case was previously dismissed last November when Judge Matthew F. Cooper decided that California would be the proper venue for the lawsuit.

Diandra Douglas is arguing that New York is the proper venue for her lawsuit because both she and Michael have ties to New York. She believes that she should be awarded 50 percent of Michael's earnings from the 2010 film under the divorce agreement. Their divorce agreement awarded her half of all earnings for Michael's acting work during their marriage, which officially ended in 2000.

She is arguing that because the 2010 film was a sequel to the 1987 "Wall Street" film that Michael made during their marriage, and because Michael was reprising his role as the greedy Gordon Gekko, she should be entitled to half of his earnings for that film. Michael Douglas' attorneys are arguing that the divorce agreement did not include any future films released. To date, Diandra Douglas has been awarded an estimated $50 million in the divorce settlement.

Judge Cooper noted that the original divorce papers clearly state that the California court system retains jurisdiction over the case. Michael Douglas' lawyers are arguing that not only should Diandra be "ashamed of herself" for returning to court on the matter, they believe she was awarded what she deserved when the divorce was finalized years ago.

This is a rather unexpected move for Diandra Douglas. When Diandra's lawsuit was dismissed in November, it appeared that the next logical step would be for her to file suit in California. However, it appears that Diandra really wants her day in court to be in New York.

Source: Bloomberg Businessweek, "Michael Douglas Ex-Wife Back in Court on 'Wall Street' Suit," Karen Freifeld, 4/12/2011

Tuesday, April 19, 2011

Ex-wife 'fries' her own claim for alimony with Facebook posts


dorothy_mcgurk--300x300.jpgIn the past, we have written about how common it is for Facebook evidence to be used in divorce cases. Statements made on Facebook and other internet sites often count as evidentiary admissions, which can be introduced in court to prove or refute a specific issue. A recent divorce case illustrates this principle in the context of an alimony claim.

The ex-wife requested lifetime alimony from her ex-husband. If she had her way, she would receive $850 per month for life. The basis for her claim was that she had been disabled in a car accident in 1997 and was unable to work.

In court, she claimed she could not work and was rarely able to leave home. If true, these facts could give her a plausible claim for alimony. After all, alimony is designed to help support an ex-spouse's standard of living after the marriage. If she could not work, then she would need help from her ex-husband.

However, the ex-wife had a belly-dancing hobby. She spent a few hours each day belly dancing at home and outside of her home. When she was not belly dancing, she spent a large amount of time writing about her belly dancing on the internet.

When a Facebook friend asked her why she wrote about belly dancing without ever posting pictures, she responded, "Gotta be careful what goes online, pookies. The ex would love to fry me with that."

Indeed, you do need to be careful what you post on the internet when you have a divorce case and a claim for alimony. However, her ex-husband did not need pictures of her belly dancing. The ex-wife's words were enough for her ex-husband to "fry" her claim for alimony. Her words alone showed that she was not disabled as she claimed.

The judge refused to give her lifetime alimony. Instead, she will receive alimony for only two years and at the reduced amount of $400 per month. The judge also awarded the husband 60 percent of the proceeds of the sale of their house and ordered her to pay thousands in attorney fees to compensate her ex-husband for the expense of defending against her unreasonable tactics.

Source: New York Post, "'Disabled' woman seeking alimony revealed to be belly dancer," Dareh Gregorian, 4/16/2011

Wednesday, April 6, 2011

Alimony versus child support in divorce

is-alimony-out-of-hand.jpgApril is now in full swing in Atlanta. For the optimists among us, that means opening day of the baseball season. For the realists among us, that means tax season.

With April 15 is just around the corner, many of our readers will be curious about how divorce and taxes interact. We would like to share some of the basics of divorce and taxation with you.

A well-structured divorce takes taxes into account. One of the most common tax issues that come up in divorce is how to structure payments from one ex-spouse to the other. At first glance, alimony and child support seem very similar. After all, they are both payments sent from on ex to the other. However, alimony is very different from child support when taxes are considered.

In most cases, the amount of alimony paid is deductible for the paying spouse and it can lower the paying spouse's tax bill. In tax jargon, alimony is considered an "above the line" deduction, which means you can claim it even if you do not itemize your deductions on your tax return. However, alimony is generally considered to be taxable income for the spouse who receives it. In order to be eligible to claim an alimony deduction, the alimony must be ordered by a written divorce or separation agreement or order.

The IRS has also developed some guidelines for preventing people from using alimony to pay for what is really child support. That is because child support is not deductible on your taxes. Child support does not give the paying spouse a tax deduction and it does not count as taxable income to the receiving spouse.

When writing a divorce agreement, experienced family law attorneys understand how important the tax implications can be. If you have questions about alimony, child support or taxes in a divorce, an experienced family law attorney can help.

Friday, May 22, 2009

How To Win A Custody Case

Because of our tremendous success in the field of Georgia Father’s Rights, I am often asked what I do to “win” a difficult custody case.

The reality is, every successful attorney who wins fathers’ rights cases, simply manages the facts and presents the case to the judge. We argue positions that other attorneys are not willing to argue. However, the most important aspect of winning a fathers’ rights case is the client. There is no attorney in the world that can turn bad facts into a good case. If you left your wife, moved to another state, have not seen your children in years, and have not paid any child support in years, you will most likely not get custody.

On the other hand, if you have been involved in your children’s lives, and care more about the children than about hurting their mother, there is no reason for the court to assume that you are less of a candidate for a primary custodian than the mother.

The hardest cases to try are those where the father is as good of a parent as the mother. There is not really anything negative about either parent, and each wants custody. These are also the most difficult cases for judges to hear. How do they decide who should get custody? I attempt to “tell the story” of my client through collateral witness, through the children, through the use of the Guardian ad Litem, through neighbors, school counselors and other professionals who can attest to the benefit the children have had from having an involved father.

Another difficult case is where the father really is a better parent, but it is difficult to prove. The Mother may have been the stay-at-home primary caretaker, but she is not really doing a good job. The children still have all of their arms and legs, but they are not receiving the emotional nurturing and support they need. She feeds them fast food, although she does not work outside of the home. She sleeps all day, and does not keep up the house. Her days are spent sleeping, or attending tennis clinics or spa appointments, and the children are an afterthought. The Mother wants custody, but mostly because she needs the child support. These kinds of cases baffle my clients. They know they are the better parent, but they need help proving it. That is where an experienced attorney can make a difference.

The bottom line is - it really is an uphill battle for Fathers most of the time. I think this can be attributed to Fathers’ rights advocates who talk the talk but do not walk the walk. I recently represented a Mother, where the Father had been trying to reinstate his parenting rights after having been arrested 100 times, driving the 10 year old child around to buy drugs in hotel room, and abandoning the child at a bus stop and calling the mother to pick him up after he had left the child. The “Fathers’ Rights attorney” in his closing argument, eloquently stated how the presumption for fathers should be for joint custody, at which point, everyone in the courtroom rolled their eyes. That particular father was not exactly a cause the attorney should have gotten behind. It destroys credibility in the eyes of the court. Needless to say, that Father is still prohibited from seeing his child.

The only way to “win” a custody case is this: be a good father at all times, even when the mother makes it difficult. Spend quality time with your children. Help them with their homework, take them on educational experiences. Don’t be a Disneyland dad. If you are a good father, then others will see it. That way, when it is time to go to court, you will have no shortage of witnesses to testify about your exemplary parenting skills. That makes my job easier.

Sunday, June 1, 2008

Single parents create happy new homes after divorce

Single parents create happy new homes after divorce

By H.M. CAULEY Atlanta Journal-Constitution Published on: 05/29/08

With the divorce rate hovering around 50 percent, it's no surprise that many of Stephanie Andrews' design clients find themselves starting over again. Unlike the recent grad who's just rented a new apartment or newlyweds moving into a starter home, the newly single often come with bits and pieces of their past to sort through, as well as a passion to put their own imprint on their surroundings quickly.


"There's so much psychology that goes into designing a home," said Andrews, owner of the Candler Park-based Balance Design. "Newly single people want to explore who they are and put that in their house. It's a chance for them to show their own personal style."
There's also something liberating about putting together a home without anyone else's approval. "They have full control and there's no need for compromise, which is very freeing for them," said Andrews. "They can have fun. About the only compromise they may have to make ends up being the cost."


For divorced parents, there's the additional desire to make a house a home very quickly for the children. And there are considerations such as where the family will spend time together. Where will the kids do their homework?
Here's a peek inside three Atlanta residences where single parents have put their own style on a new space.


Getting more for less in Doraville
Graphic designer Gabrielle LeBlanc's post-divorce budget made finding a new home in her 8-year-old's school district a challenge. But after 18 months in a Dunwoody apartment, she uncovered a 1960s brick ranch in Doraville that needed a bit of TLC."I knew I could make it work," she said.


LeBlanc ripped out carpeting and refinished the wood floors. She painted the trim and ceilings; installed new light fixtures; and added her own small details, such as replacing the wall switch covers. Her thriftiness extended to the furnishings. An inexpensive, three-tiered chandelier she found at IKEA got an upgrade when she added rows of crystals. A friend donated her kids' old crayon-covered art table that LeBlanc refinished to show off the wood. Instead of payment for a job, she traded her work for a futon. And she picked up some framed artworks for $1 at a yard sale.


LeBlanc scoured stores for decor deals and snagged several. A crescent-shaped table with repairable scratches was $90 at Ballard Designs. A low, glass-fronted buffet in the red dining room came from Crate and Barrel. A green suede sofa was a steal from World Market. Inexpensive cube shelving from IKEA created a storage unit for her son's toys.
LeBlanc warmed the house with personal items. Framed photos of New Orleans, her hometown, line the halls. A portrait of her grandmother, painted by her grandfather on their wedding day, graces her home office.
"I wanted a fresh slate," said LeBlanc. "And I liked being able to create my own space without having to ask anyone's permission."


Kids come first in Avondale Estates
Attorney Sheryl McCalla gave her real estate agent a short list of requirements when she went house shopping five years ago. She wanted to be close to her job in Midtown and near the intown school that her two children attend. Though the three-bedroom house in Avondale Estates wasn't an exact fit, McCalla knew it was a terrific place to start over after a divorce.
"I was looking for a family friendly house in a nice neighborhood," said McCalla. "Here, we can walk to the pool and playground and I have the support of other parents in the neighborhood."
The 1950s house had already undergone an extensive renovation, including the addition of a second floor and an open kitchen and family room. "That was key, because I wasn't in a position to do that kind of work," said McCalla.
In the large foyer, the base of the staircase leads to the second floor and into the family room as well. A former living room, with a fireplace, is now the red dining room. McCalla turned the old glass-enclosed porch into the art room, where her kids are free to paint on the walls, floors or windows as their creativity moves them.
The expanded kitchen has cherry cabinets and an island where the kids can do their homework while McCalla cooks. A corner eating area has a banquette for cozy seating. An adjacent small room holds all of the kids' toys and several musical instruments, while a former first-floor bedroom is now the TV room.
McCalla decorated her son's room with a space theme and had an artist paint her daughter's favorite flowers and garden scenes around her bed.
The move meant buying all new furniture. "The only things I had were a king-sized bed, two night stands, a dresser and an exercise bike," said McCalla. But she took her time tracking down the large wood dining table, with chairs and bench seating; a beige sofa and two chocolate chairs around the family room fireplace; and a round dining table in the breakfast nook.
The kids' artwork on various walls and framed playbills from New York shows that McCalla's parents collected are constant reminders of family connections.
"Simplicity was my goal," said McCalla. "But it was also important to make the house comfortable. And it had to feel like home."


At home at Dad's

Attorney Doug Kertscher started his search for a post-divorce house for his two young children by drawing a 10-mile circle around their primary residence. The perfect place turned up in the form of a 6-year-old house in Morningside.
"The house had been well-maintained, which was important because I work a lot of long hours, and I didn't want to have my children with me while I was fixing the roof," said Kertscher.
The three-story house came with enough open spaces for his children to run around and several areas that double as adult and kid areas. In the library, book shelves are lined with Dad's collection on the top rows; all of the kids' favorites are within their short reach below. A large rectangular ottoman opens to reveal a toy chest.
Kertscher was also insistent that the bedrooms be on the same level so the children would be close by. "And I wanted their rooms to have neat things," he said. In his boy's room, there's an outdoor theme with stars on the ceiling, star lights and camping knick-knacks. His daughter's room, painted in pinks and greens, has stick-on fairies and her name on the walls. The third level of the house has one big room outfitted with a desk and computer, including two kid-sized chairs that double as recliners. Another corner holds a drawing area and chalk boards where the kids can get creative.
A sun room houses the entertainment center in front of an over-sized chaise lounge big enough Kertscher and his tykes. "This is where we do our night-time reading," he said.
Kertscher furnished the house with new pieces, including the large-screen plasma on the wall of the living area, and what he describes as "strong, male colors."
"They're blues and grays, with some greens and reds, that are strong but still warm," he said.
Most of his attention was devoted to creating a home that was functional for him while also being a comfort zone for his kids.
"It was very important to have a place where they'd want to come," he said. "They love coming to Daddy's house; sometimes they'd rather come here than go to the park. And I've been really happy about that."


Tips for making a house a home fast:
• Instead of ordering furniture, ask about buying a floor sample that you can take home immediately. Not only can you get it right away, you may get a discount.
• Shop for ready-made items, such as curtains, drapes and bedding that can punch up a room in minutes.
• The biggest bang for your makeover buck is color. Select a color scheme that will flow throughout the house and make you feel good every time you enter.
• Make it personal by displaying your favorite items that have good memories.

Tuesday, May 6, 2008

Wife and teen groom denied custody of child


Wife and teen groom denied custody of child

Details of settlement not made public


The Atlanta Journal-Constitution

Published on: 05/05/08


Lisa Clark Gonzalez's bid to gain custody of the baby she had with her teenage boyfriend was settled Tuesday, but details weren't immediately available."They did not get custody, but they are pleased with today's developments," said Jan Young, Lisa Gonzalez' publicist.Attorneys for Gonzalez and Angela Perkins, Gonzalez' one-time friend and co-worker who has custody of the boy, reached a temporary decision on custody prior to a scheduled hearing at the Douglas County Courthouse. The lawyers will continue to negotiate the rights of both sides and the child.Young said the Gonzalezes did not have more comment on the advice of their attorney.


Citing the same instructions, Perkins also declined comment; her attorney, Andrea Molodovan, did not return two phone calls seeking comment."We would appreciate having some privacy for the family," said the attorney, Kim Dymecki, who declined to provide any further details of the agreement, which will be filed with the Superior Court in Douglas County.Tuesday morning, after Dymecki, Moldovan and Christy Draper, an attorney assigned to represent the boy's interests, informed Superior Court Judge Robert J. James of their decision, Dymecki and her clients fled the courthouse with a raft of TV photographers in their wake. Dymecki later described it as a "circus.""We all must remember there is a child at the center of this case," she said.


The case has caught the attention of metro Atlantans since Lisa Clark, then 37, Adrian Gonzalez, then 15 and a friend of her teenage son, got married after she became pregnant. Clark later served time for statutory rape and for helping Gonzalez escape a group home in DeKalb County. She delivered the baby, Skye Cobain Gonzalez, while in jail. After Lisa Conzalez was released from prison in February, she rejoined her husband and they now live with a friend near Gwinnett Place Mall in Duluth. Wife and husband are now 39 and 17, respectively.According to court records, Skye has been living with Perkins, who took care of the child when Gonzalez was in prison. Listing more than 12 reasons in court documents why Lisa and Adrian Gonzalez were unfit parents, Perkins has sought full custody.Dymecki expected an uphill battle. Monday, while saying she hoped for her clients to gain full custody of their son, she said that "at this point, we'll take whatever we can get."

Friday, April 18, 2008

Signs in Decatur point to marriage in trouble


Signs in Decatur point to marriage in trouble
By MICHELLE HISKEY
The Atlanta Journal-Constitution

Published on: 04/19/08


The signs of Rob and Karen Byers' marriage have been bleak the past three months.He's been living apart from her and their 1-year-old son.Last week, morning commuters near Emory University passed dozens of these signs posted by Rob Byers. "I made a big mistake," he says of what led to their separate homes in Decatur.They've been married for 11 years, college friends for a decade before. They were the quiet pair who always hung back at parties.


He's 38 and still in his head too much.She's 39, angry and confused by him, long wanting more emotion from him.In an effort to come home, he dreamed up something really big.
"I'm going to surprise you tomorrow," he told her by phone one night early last week. "And you're really going to like it."
The first yellow signs were stuck under her car wiper blades."Rob Loves Karen.""Karen I'm Sorry."Perplexed, she drove off — along the same route she takes every morning to her favorite bagel shop.


The same six words shouted from telephone poles along busy Clairmont and North Druid Hills roads. Along this popular commuting route to Emory University, the posters burst in the color of war ribbons.
He was wrong: She didn't really like it.At all.Have a loved one's best intentions ever ended up making you even madder? Then you know how she felt.


"Totally freaked," she said. "I felt like it was advertising to the world we had problems. I felt embarrassed that that was thrown out into the world. These are things I have only told a handful of close friends."
She tore down the first few, but "there were so, so many and the baby was in the car, I knew I was getting nowhere."She thought back on their pattern: his bad timing, her disappointment.
"It was like when he proposed," she says. "I was weak and in bed with a cold, and he got me out of bed and I was in my bathrobe when asked me. And I was furious that this is what I would remember forever."


He was at work when she called to vent about the posters: "If that was a surprise, it was really lame!"Her view changed after she talked to friends, who urged her to see his gestures as sweet and romantic, if misguided.


He did express how he felt, just not the way she ever imagined.Making something private so public opened up her eyes to a hidden truth."People have been so supportive and opened up," she says. "Everyone has problems even though they act like everything is fine."
Even though they don't know exactly where their marriage is headed or how they will get there, after all this, they realize that neither wants to give up.And both agree that's a good sign.

Friday, March 7, 2008

Family Wars: The Alienation of Children


Family Wars: The Alienation of Children


Composite case from actual examples
The parents of Amy (age 10) and Kevin (age 7) are divorcing after 13 years of marriage. Their father, by temporary stipulation, has moved from the marital home. He is entitled to visit with the children on alternating weekends and one evening, during the week. Soon, the children begin to refuse to go with him. At first, they do not want to leave Mom; they say that they are afraid to go. When Dad comes to the house, Mom tells him that she\he will "not force the children to go." "Visitation is up to them." and she\he will "not interfere in their decision".


The children refuse to talk with him on the phone. Mom calls him names when he telephones and complains constantly about her financial situation, blaming him, all within hearing of the children.Dad attempts to talk with the children about the situation, then to bribe them with movies, shopping trips, toys. They become more and more sullen with him and resistant to coming. Anything, routine doctor visits, invitations from a friend, a visit to Aunt Beth, serves as an excuse to avoid visits.A court appointed guardian ad litem learns from the children that "Dad is abusive and mean to us. " They do not want to go on visits. However, when asked to give specific examples of how he is abusive, their stories are not convincing, "He yells too loud when we make noise." "He made me climb all the way to the top of a mountain." "He gets mad at me about my homework." "He makes me wear my bike helmet." "He pounds the wall to get us up in the morning and it makes me afraid that he'll hit me." They say that he has never hit them, although they state that they are very afraid that he will. These children are in the process of becoming alienated from their father.An increasing number of children are experiencing the divorce of their parents or litigation over their custody some time during their minority. Some children experience the concerted, albeit often unconscious or unintended, attempt of one parent to alienate them from their other parent. It is the purpose of this article to alert lawyers, judges and parents involved in divorce and custody wars to the serious nature of parental alienation and to provide suggestions for court based intervention.
I. Definitions
II. Harm to The Child
III. Motivation for Alienation
IV. Recognition of Alienating Behaviors


1. Prevention



Information provided by: Dr. Peggie Ward located at http://www.divorcesource.com/NH/DS/ward.html

The perfect client

The perfect client Written by C. Sean Stephens

What a lawyer thinks of as a “perfect client” in the domestic relations sense is a client who helps the process of the dissolution, custody, or support matter along. We know how hard this process is to be going through, but it can be a much more difficult process the longer it drags on — and a much more expensive one for you. (Although we like getting paid as much as anyone else, we believe we should be problem-solvers, not problem-creators.)

Good attorneys will always treat their clients — all of their clients — with the same professionalism and respect they treat any other client. However, by helping us help you, you can make the process smoother, lower your costs, and get a better result! Here are some things you can do to help your attorney in your domestic relations case, to make things run more smoothly.

Tell us everything — the good, the bad, the ugly. We want to know the nastiest things the other side might throw at us, true or not. If you have hidden sources of income, a stake in Anna Nicole Smith’s love nest in the Bahamas, or a rare coin collection, we need to know and plan accordingly.

Provide us with your tax, banking, investment, insurance, titles to cars and whatnot, and any other requested information quickly in the process (if you can bring this stuff to your first meeting, we might very well cry with joy). If you’re not in a place where you can get the information, sign a release that allows the attorney to request the information on your behalf.
Keep in contact with us. We’ll provide you with frequent updates, but there are times when we need to get in contact with you quickly, too.

Similarly, let us know the best way to contact you. If you’re one of those people who hates checking her voicemail but lives on her computer (wait, that would be me when I’m at home), let us know your email address and if that’s a better way to stay in touch.

Understand that a contested divorce may take a while, even if it ultimately settles. We want closure for you as soon as we can get it, too, but not at the expense of a good settlement for you.
If your case involves child custody, parenting time, or support, sign up and follow through with the mandatory education classes as soon as you can.

Remember that your attorney is there to give you expert advice and recommendations, but isn’t going to be able to make the final decision about whether or not you should take a settlement. He can and will tell you if it’s a good idea or a bad idea, and what the benefits and pitfalls of an offer might entail, but the ultimate decision is going to be yours. Also, if you don’t like the way negotiations may be headed, if you change your mind about the way the case is going, or if you’re just generally unhappy about something, please say so. We’d much rather know about it (and fix it) than to find out much, much later that you’d been unhappy for a very long time.

Advice aside, we know that this may be the, or one of the most difficult times of your life. We treat all of our clients as we would hope to be treated under the same circumstances: with diligence to their case, courtesy, the utmost respect, and the highest level of customer service possible.

Sunday, March 2, 2008

Do I have to pay alimony?

The short answer is: “It depends.”

Georgia law provides that alimony, or spousal support, may be awarded to one spouse in the event of a divorce or separation. At times, spousal support is awarded on a temporary basis before the divorce is final. Alimony may be paid to either a husband or a wife. Georgia law provides 8 factors which the court determine alimony.


1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age and the physical and emotional condition of both parties;
4. The financial resources of each party;
5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
7. The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
8. Such other relevant factors as the court deems equitable and proper.

Alimony may not be awarded to a requesting spouse if the separation between the parties was caused by that party's adultery or desertion. There are also other, variable factors that will influence a judge’s decision to award alimony. Some of these factors are within the client’s control such as:


  • A party’s behavior during trial;
  • A party’s willingness to be open and honest in disclosing financial information
  • The age of the children of the marriage, if any
  • Both parties’ employment status / prospects

Georgia Code §19-6-1 & §19-6-5