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How Adultery Affects Divorce
  • By: Nancy Burnett
  • Published: November 19, 2018

At one time, a party who wanted a divorce had to prove that the other party was at fault for the marital breakdown either as a result of adultery, abandonment or abuse. A party whose spouse was innocent of adultery or other wrongdoing could not get a divorce. As a result, being able to prove wrongdoing, most often adultery, became a ticket to freedom from an unwanted marriage. Today, no fault divorces are available. For example, in Georgia, you can get a divorce without proving wrongdoing by either party. It is enough to show that the marriage is irretrievably broken. Although adultery is still a ground for divorce, it is no longer as important as it once was because proving adultery or other wrongdoing is no longer required. So, is…Read More

Bankruptcy: Will I lose My Home?
  • By: Nancy Burnett
  • Published: November 13, 2018

It largely depends on whether your mortgage payments are current or past due and how much equity you own in your home. Equity is the value of your home less the debt secured by the home – such as a mortgage. If your home is worth $100,000 and your mortgage balance is $80,000, the equity in your home is $20,000 ($100,000 value less $80,000 secured debt). When you file bankruptcy, you are entitled to some exemptions. For a Georgia resident, one of these exemptions is the homestead exemption which allows someone to exempt $21,500 (or $43,000 for a couple filing jointly) equity in a home where you or a dependent reside. In the example above, the home owner with $20,000 in equity could keep a home in bankruptcy assuming the…Read More

Bankruptcy And Immigration
  • By: Nancy Burnett
  • Published: November 3, 2018

NOTE: I am not an immigration lawyer When it comes to bankruptcy, immigrations have some additional concerns. Will I be deported if I file a bankruptcy petition? Will a bankruptcy affect my application for naturalization or permanent legal residence? Fortunately, there is good news. Filing a bankruptcy petition is not considered to be evidence of bad moral character. However, if you commit a crime related to the bankruptcy, your immigration status may be negatively affected. A bankruptcy crime includes intentionally hiding assets from the bankruptcy trustee (or other court agent), false swearing or perjury related to your bankruptcy case or committing a scheme to defraud by filing a fraudulent bankruptcy petition or other document or making a false or fraudulent promise, representation or claim relating to bankruptcy. Committing a crime…Read More

What Is A No-Fault Divorce
  • By: Nancy Burnett
  • Published: October 29, 2018

In the past, you could not get a divorce unless you could prove that your spouse committed adultery, abuse or something else that the law considered proper grounds for a divorce. As divorce grew more common, the law changed to allow people to get a divorce without showing that anyone was at fault. In Georgia, the ground for divorce that does not require fault is irreconcilable differences. The statute requires a 31-day waiting period for divorces based in irreconcilable differences. Typically, the ground for a divorce where the parties agree on all of the terms is irreconcilable differences. A no-fault for divorce allows the parties to get a less hostile divorce and avoids the need to prove in court that your spouse did something wrong.Read More

My Child Won't Visit!
  • By: Nancy Burnett
  • Published: October 13, 2018

Court-ordered visitation is not optional. Just like a child does not get to decide to not go to school, a child does not get to decide to not go to court-ordered visitation. However, the child is not the one who will be held in contempt and subject to fines or time in jail. The custodial parent is in the position of ensuring that the visitation takes place. If he or she does not ensure the visitation takes place, the visiting parent might file for a citation of contempt. If the court finds the custodial parent in contempt, he or she could be required to pay a fine or even spend time in jail. If your child does not want to visit, it is important to find out why. Are you…Read More

What Happens During An Initial Consultation?
  • By: Nancy Burnett
  • Published: April 23, 2018

An initial consultation is a first meeting between a lawyer and a potential client. It has multiple purposes. First, the lawyer and client are both attempting to see if they will be able to work together. Second, the lawyer obtains some facts about the case to determine if there is a potential conflict of interest and to see if it is the type of case the lawyer might accept. Third, it is an opportunity for the client to learn a little of the law that relates to their case and to ask questions. After introducing herself, the lawyer will give you an opportunity to tell her about your legal problem. It may be difficult to talk about your legal problem, but it is important for the lawyer to know the…Read More

Helping Children Cope With Divorce Part I
  • By: Nancy Burnett
  • Published: April 21, 2018

Evidence Based Parenting Practices That Help Children To Cope With Divorce Divorce rates across the world are still very high. It is estimated that at least 1.5 million youth experience parental divorce. In America, at least 34% of children will be affected by the breakup of their parents’ marriage before the age of 16 years. With the high prevalence of divorce, implementing effective coping interventions for children from divorced families could have significant benefits. This article will look at some of the evidence-based interventions for helping children cope with divorce, and how parents can implement them during the transition period of divorce and separation. 1. Effective Parenting Program: The New Beginnings Program (NBP) The New Beginnings Program is a parenting-focused intervention by Dr. Sharlene Wolchik that is geared towards helping…Read More

Parenting Styles After Divorce
  • By: Nancy Burnett
  • Published: April 18, 2018

How To Cope With Different Parenting Styles After Divorce Going through a divorce is never an easy task, and parenting your kids after a divorce can be nerve wracking if not handled properly. When you love your kids, you will agree with me that you always try to make decisions that you think are best for them regardless of what the other parent thinks. After a divorce, parents tend to have differences and disagreements about how they should bring up their children, and it is at this point that their different parenting styles come into play. What one parent may see as an absolutely acceptable parenting preference may very well be the exact opposite of what the perception of the other parent is on an issue. In this article, we…Read More

Should You Settle Or Litigate
  • By: Nancy Burnett
  • Published: April 14, 2018

Ending a marriage can be emotionally draining and because of that, it is estimated that 95% of divorcing couples are not willing or would not prefer to take their divorce cases to trial. Many couples are opting to negotiate their divorce settlements with the help of family law attorneys or mediators whose work is to assist them in forming and finalizing an agreement. The attorneys or mediators then draw up an agreement that is signed by both partners. This divorce agreement becomes a binding contract that both spouses are expected to adhere to without fail. If as a couple you violate the terms of the contract or fail to agree outside the court, then that would definitely end up being a court case, which is normally very unpredictable, contentious and…Read More

What Issues Should You Discuss With Your Divorce Lawyer?
  • By: Nancy Burnett
  • Published: April 9, 2018

By Susan Sherry Accepting and concluding that your marriage has ended or is coming to an end can be very distressing and quite complicated emotionally, legally and financially. Therefore, a healthy and informative attorney-client relationship would be very helpful in as far as making informed decisions is concerned. For an attorney-client meeting or relationship to be productive, the concerned parties or party must ensure that they ask the right questions and that they openly discuss with the attorney all the information required to proceed with a case. You should never let fear engulf you in as much as sharing information with your lawyer is concerned because all information you disclose to your attorney is kept confidential. Being upfront and truthful helps your divorce lawyer to better understand your legal issues,…Read More

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