Discovery Process in a Contested Divorce

Going through a contested divorce can be emotionally challenging and legally complex. When spouses are in disagreement over various issues, the process becomes even more difficult. One crucial aspect of resolving contested divorces in Georgia is the discovery process. Let’s explore what discovery is and why it plays a vital role in the legal process of divorce.

Understanding the Divorce Discovery Process

What is Discovery?

Discovery is a legal process where each party gathers evidence and information from the other. In a contested divorce, spouses often have conflicting views on matters like asset division, alimony, child support and child custody. Discovery allows them to obtain evidence – information and documents – from the other party that they may not have in their own possession..

Why is Discovery Important?

In contested divorces, information is often key. Discovery provides a structured way for both parties to disclose relevant details, helping to avoid surprises in court. It ensures transparency, enabling a fair resolution by allowing each side to understand the strengths and weaknesses of the other’s case.

Different Forms of Discovery

The process of discovery in Georgia divorce cases adheres to the regulations outlined in Georgia’s Civil Practice Act. Georgia provides various formal discovery methods for divorces.

  1. Interrogatories

These are written questions exchanged between parties, aimed at gathering specific information. Typically, interrogatories seek information like the names and addresses of key witnesses, employment history, and details about anyone the other spouse may have been involved with during the marriage. 

As per O.C.G.A. § 9-11-33(a)(1), each side is restricted to fifty interrogatories, counting any subparts. Attorneys can present all fifty at once or ask them at different times during the discovery process.

  1. Requests for Production

This is a request for documents or tangible items relevant to the case. Usually, when an attorney sends Interrogatories to the other party, they often include Requests for Production of Documents. 

If the attorney wants to see certain documents, like pay stubs, tax returns, bank statements, or cell phone records, they request copies in the Request for Production of Documents. Unlike Interrogatories, there’s no specific limit on how many Requests for Production of Documents an attorney can make.

  1. Requests for Admission

These are statements presented to the other party, who must either admit or deny their veracity. Like with answering interrogatories, you can choose to object to a request instead of answering, but you must explain your objection. If the objection is deemed unjustified, the Court may order you to answer and cover the other party’s attorney fees for getting the answers. If the Court sees that your response is not enough, it might ask for a better, amended response.

  1. Depositions

These are oral examinations conducted under oath, allowing attorneys to question parties or witnesses in person. 

According to Georgia law, any party involved in a divorce case can hold depositions at any point during discovery. The party conducting the deposition needs to provide reasonable written notice, typically at least ten (10) days, indicating when and where the deposition will occur. 

If a witness or party refuses to participate, they may be compelled by a subpoena or a Court order. During the deposition, the witness gives sworn testimony, recorded through video and/or audio. Both parties’ attorneys can raise objections during this process. 

If someone can show that the deposition is conducted in bad faith, they can ask the Court to limit or stop it. The witness also has the right to review the deposition transcript. If there are errors, they can make corrections, providing a signed statement explaining the edits and the reasons behind them.

Informal Discovery

Sometimes, it might be essential to gather evidence beyond what the Court mandates and this is known as informal discovery. Informal discovery involves a more cooperative approach where both parties voluntarily share information. This can include informal interviews, joint document reviews, and open discussions.

You don’t necessarily require the assistance of an attorney or formal discovery tools to get the information you deserve in your divorce. Taking a proactive approach to informal discovery and gathering information can significantly assist your attorney, saving both time and money.

What Happens if One Fails to Respond to Discovery?

In Georgia, failing to respond to discovery requests can have serious consequences. The court may compel the non-complying party to respond, and in extreme cases, it could lead to sanctions, impacting the outcome of the case.

Do I Have the Right Not to Respond to Discovery?

While you have the right to object to certain requests, refusing to respond entirely can be detrimental to your case. Strategic and thoughtful responses can help protect your interests.

Learn More About Discovery from a Divorce Attorney

Navigating the discovery process in a contested divorce can be intricate. Seeking guidance from a knowledgeable divorce attorney can ensure you understand your rights, obligations, and the best strategies to protect your interests.

Contested divorces are challenging, but with the right legal guidance, you can navigate them successfully. The Edwards Law Group is here to provide compassionate support and expert advice. Let us help you move forward with confidence.

Contact The Edwards Law Group today for a consultation and take the first step toward a brighter future.

Is Your Long-Term Relationship a Common-Law Marriage in Georgia?

Have you ever wondered if being with your partner for years, sharing a home, and intertwining your lives means you’re in a common-law marriage? Surprisingly, the answer might not be as straightforward as it seems. 

Like many other states, Georgia’s view on common-law marriages has evolved over the years. Let’s unravel the intricacies of common-law marriage in Georgia and understand what it means for couples who’ve built a life together.

The Evolution of Common-Law Marriages: A Brief History

Common-law marriages trace their roots back to medieval Europe, where formal ceremonies were not always feasible or accessible. In this historical context, couples who lived together, shared responsibilities, and presented themselves as married were, over time, recognized as legally bound.

As societies evolved, common-law marriages provided a pragmatic solution for couples facing various constraints, such as distance from religious institutions or legal authorities. The concept migrated to the Americas with the early colonists, where the need for flexibility in recognizing unions persisted.

The rationale behind common-law marriages was to acknowledge and protect relationships that functioned as marriages in every sense, even without the conventional ceremony. It was a recognition of the practicalities of life, offering legal standing and benefits to couples who had committed to a shared life.

Over the years, legal systems adapted, and many jurisdictions, including the majority of states in the U.S., developed specific requirements to regulate common-law marriages. This evolution aimed to strike a balance between societal shifts and the need for legal clarity in recognizing relationships.

In contemporary times, common-law marriages are viewed differently across various jurisdictions. Some states, like Georgia, impose specific criteria for recognition, while others have abolished the practice altogether. Understanding this historical context sheds light on the nuanced nature of common-law marriages and their place in today’s legal landscape.

Georgia’s Take on Common-Law Marriage

Contrary to popular belief, Georgia does not automatically recognize common-law marriages. Georgia also does not currently allow the formation of common-law marriages, and this prohibition has been in effect since January 1, 1997. Essentially, you cannot establish a common-law marriage in the state of Georgia after this date. However, if a common-law marriage was properly formed in Georgia before January 1, 1997, it will still be recognized as valid.

If you have a valid common-law marriage from another state and you relocate to Georgia, the state must acknowledge your marriage. Georgia courts are obligated to give “full faith and credit” to your common-law marriage, respecting the legal validity it holds in the state where it originated.

Requirements for Common-Law Marriage in Georgia

For a common-law marriage to be valid in Georgia:

  1. Each party should possess the capacity to enter into contracts.
  2. A contractual agreement must exist between both parties. Both partners must have a mutual understanding that they are entering into a marital relationship.
  3. The couple must present themselves to others as a married couple. Both individuals must hold themselves out as spouses to others and cohabit in a manner akin to marriage – fulfilling the condition that the marriage must be consummated.
  4. The marriage should have occurred before January 1, 1997.

Rights and Benefits of Georgia Common-Law Marriage

If the criteria are met, a common-law marriage in Georgia grants the couple the same legal recognition as a formally married couple. This includes sharing ownership of property you both obtain during the relationship, as long as it is included in the agreement you made in the beginning. Also, if you have children together, they can be officially recognized by both of you, just like kids born to married parents, as long as you put it in your initial common-law marriage agreement.

Is a Common-Law Marriage Valid Across State Lines?

While your common-law marriage might be valid in Georgia, it may not be recognized in other states. Your rights will be determined by the other state’s marriage laws, although most states will recognize marriage under the Fair Faith and Credit Clause of the U.S. Constitution. Before you move, it’s best to acquaint yourself with the state’s marriage laws and consult with a family law attorney to better understand the legal implications of a relocation.

Ending a Common-Law Marriage

In the old days, if you wanted to end a common-law marriage, you could just go your separate ways. Now, it’s not that simple. Since you’re seen as fully married with rights to shared property and debt, the only way to end a common-law marriage in Georgia is by getting a divorce.

Why You Need a Family Law Attorney for Common-Law Marriages

While you don’t necessarily need an attorney to end a marriage in Georgia, dealing with a common-law marriage can complicate matters. This complication often arises because the couple lacks a marriage license or other official documentation of their marriage. Depending on the specifics of their situation, there might be uncertainty about whether a common-law marriage is truly established.

To navigate these uncertainties and streamline the divorce process, engaging the services of an attorney is frequently a wise decision. Legal representation can assist in ensuring fair treatment for both you and your spouse, and it can help address property and custody matters in the best interests of everyone involved.

Navigating the realm of common-law marriage in Georgia can be difficult, but with the right legal support, you can make informed decisions about your relationship. If you find yourself in need of guidance or facing the complexities of a common-law marriage, don’t hesitate to reach out to The Edwards Law Group. We’re here to provide compassionate support and legal expertise tailored to your unique situation. Your journey through the intricacies of common-law marriage doesn’t have to be daunting – we’re here to help.

Is Parallel Parenting Right for You?

Divorce often signals the end of a chapter, but for couples with children, it’s merely the beginning of a new and challenging journey. Even if the legal papers are signed, the intricacies of raising children together linger on. For those emerging from contentious divorces, this can be an overwhelming prospect. Enter parallel parenting — a concept that holds the promise of making the seemingly impossible, possible.

What is Parallel Parenting?

Parallel parenting is a post-divorce parenting arrangement designed for high-conflict couples. It acknowledges the challenges of communication between ex-spouses and seeks to minimize direct contact. In this model, each parent operates independently, significantly reducing the need for ongoing communication.

In this type of parenting, each parent has their own routines, rules, and parenting systems, crafting an independent structure that operates autonomously from the other. This method embraces the reality that co-parents may have differences in their parenting approaches and values. By fostering mutual respect for each other’s autonomy and minimizing direct communication, parallel parenting helps to create a serene and stable environment for the children.

With parallel parenting, it’s imperative to define clear boundaries and guidelines governing each parent’s role in their children’s lives. Unlike the collaborative nature of co-parenting, parallel parenting recognizes the potential efficacy of limiting each parent’s involvement and decision-making authority. This approach proves especially advantageous in situations marked by significant disagreements or conflicts between co-parents.

Diverging Paths: Parallel vs. Co-Parenting

While co-parenting encourages collaboration and shared decision-making, parallel parenting takes a different route. In parallel parenting, interaction is limited, focusing on creating separate spheres of influence for each parent. The emphasis is on minimizing conflict, which, in turn, fosters a more stable environment for the children.

The Benefits of Parallel Parenting

  1. Reduced Conflict: Parallel parenting significantly diminishes direct conflict between ex-spouses. This reduction in friction creates a more stable environment for the children.
  2. Autonomy: Each parent operates independently, making decisions within their sphere of influence. This autonomy can lead to a sense of control and predictability for both parents.
  3. Emotional Stability for Children: Shielding children from ongoing conflicts fosters emotional stability. Parallel parenting seeks to create a buffer, allowing children to thrive in a less stressful environment.

Parallel parenting does not have to be a permanent or rigid approach. For many divorced parents, parallel parenting works well at the start of a divorce, and eventually, it can evolve into more of a co-parenting arrangement. For some, sticking firmly to parallel parenting practices is best, and for others, having a hybrid approach of parallel and co-parenting practices works best. 

Navigating the Parallel Path Successfully

Even if you agree with your ex-spouse on the parallel parenting approach, its implementation can still have its challenges. To successfully implement parallel parenting, it’s important to follow a few key steps:

  1. Clear Communication Channels: Establish clear lines of communication, potentially through email or a dedicated co-parenting app. This reduces the chance of misinterpretation and emotional escalation.
  2. Detailed Parenting Plan: Craft a detailed parenting plan that explicitly outlines each parent’s responsibilities and rights. Clarity can mitigate potential sources of conflict.
  3. Establish Distinct Routines and Systems: Form individualized routines and systems that suit each parent and the children. This involves defining rules, disciplinary approaches, and daily schedules. Implementing separate structures contributes to stability and consistency, fostering a positive environment for the children.
  4. Professional Support: Engage with professionals, such as mediators or therapists, to navigate challenges and enhance communication. Their expertise can be invaluable in maintaining a healthy parenting dynamic.
  5. Prioritize the Children: Always bear in mind that the primary objective of parallel parenting is to put the well-being of the children first. Ensure that communication revolves around the children’s needs, steering clear of personal grievances or disagreements.

Crafting Your Parallel Parenting Plan

  1. Define Responsibilities: Clearly define each parent’s responsibilities, ensuring that roles are distinct and understood.
  2. Pick-up and Drop-off Procedures: Establish specific procedures for pick-ups and drop-offs to minimize direct contact. Consider neutral and public locations for exchanges.
  3. Utilize Technology: Leverage technology for shared calendars, updates, and other essential information. This reduces the need for direct communication.
  4. Emergency Protocols: Develop clear protocols for handling emergencies, ensuring swift and effective communication when necessary.

Your Next Steps

Parallel parenting acknowledges the unique challenges faced by high-conflict divorced couples. By embracing this model, parents can provide a stable and nurturing environment for their children. It’s a path that fosters healing and growth, not just for the parents but, most importantly, for the children caught in the crossfire.

If you find yourself in the challenging realm of post-divorce parenting, our team at The Edwards Law Group is here to offer support and guidance. We understand the intricacies of family dynamics and are committed to helping you navigate this journey with empathy and expertise. Your children’s well-being is our priority. Contact us today to embark on a path toward a healthier and more harmonious post-divorce life.

Dealing with Divorce and Domestic Violence in Georgia

Deciding to divorce is an emotionally taxing journey, and for those experiencing domestic violence, the challenges are magnified. In the shadows of an abusive relationship, the path to freedom is fraught with complexities. There’s always the fear of what the abusive partner might do next and the uncertainty of the steps you should take.

At The Edwards Law Group, we understand the unique struggles that individuals facing domestic violence encounter during divorce, and we’re here to offer guidance and support. You are not alone in this journey, and you have every right to protect yourself and your family.

Understanding Domestic Violence: A Silent Epidemic

Domestic violence is not confined to physical abuse; it encompasses a range of behaviors aimed at controlling and intimidating a partner. Legally, it is defined as a pattern of abusive behavior in any relationship used by one partner to gain or maintain power and control over another. Recognizing the different forms of domestic violence is crucial:

  • Physical Abuse: Inflicting bodily harm or injury. It may also involve causing harm to a partner’s pets or confiscating essential tools such as glasses, medication, or wheelchairs.
  • Emotional/Psychological Abuse: Undermining an individual’s sense of self-worth or controlling their behavior. Perpetrators may engage in name-calling, exert excessive control, engage in manipulation, or humiliate their partners in the presence of friends and/or family. The abuser might attempt to psychologically manipulate or “brainwash” their partner, pressuring them into specific behaviors. Additionally, abusers might resort to blackmail, exploit religious justifications, or involve children in abusive dynamics.
  • Financial Abuse: Controlling financial resources to limit independence. Perpetrators may forbid their partners from working or demand that their partners surrender their paychecks.
  • Sexual Abuse: Coercing or attempting to coerce sexual contact without consent. Marriage does not grant one partner the right to coerce or force the other into engaging in sexual activity.
  • Stalking: Unwanted and obsessive attention causing fear or apprehension. Perpetrators might consistently follow their partners, appear unexpectedly, or demonstrate an unnerving knowledge of their partner’s private activities.

Assault, trespassing, and damaging property can also be considered acts of domestic violence. In Georgia, domestic violence is a serious offense, and the legal system provides avenues for protection.

Domestic Violence as Grounds for Divorce in Georgia

Georgia recognizes both no-fault and fault-based grounds for divorce. No-fault divorce is based on the irretrievable breakdown of the marriage, while fault divorce allows one party to allege specific wrongdoing by the other. Domestic violence is one of the fault grounds for divorce.

Even if there hasn’t been a documented case of domestic violence, either partner can raise claims related to domestic violence.. If it is proven that either party poses a physical or mental threat to the other, determinations regarding alimony and child custody may be affected.

Impact of Domestic Violence on Divorce

Experiencing domestic violence significantly impacts divorce proceedings. Courts consider the history of abuse when determining child custody, visitation, and spousal support. 

If allegations of family violence are proven, the court may provide a more favorable property division outcome for the harmed party. This could involve granting the non-abusive spouse the marital home or a higher share of the marital property. 

Georgia Code § 19-6-5 details the criteria the court considers in deciding whether to grant alimony and the alimony amount. Although domestic violence isn’t explicitly listed among the eight factors, the last factor covers any pertinent information the court deems “equitable and proper.” Consequently, the court may evaluate how family violence has impacted the victim’s employment capabilities or financial support requirements.

When it comes to child custody, courts thoroughly investigate any claims even if neither party has reported, been arrested, or sought police help for domestic violence. If a party is found to have been abusive, the court may only permit them to have visitation or custody if there are safety measures in place for the child and co-parent. To ensure safety, the court may:

  • Order supervised visitation with payment of supervision fees.
  • Keep the abusive parent from knowing the child and the victim’s address.
  • Mandate completion of family violence intervention training for the abusive parent.
  • Restrict overnight visitation.
  • Specify custody exchanges in protected settings like police or fire stations.
  • Impose a bond requirement for the abusive parent, returned with each safe child return.
  • In extreme circumstance, consider terminating the parental rights of the abusive parent.

Proving Allegations of Domestic Violence

Proving allegations of domestic violence is a delicate process. Documenting incidents, seeking medical attention, and obtaining witness statements can strengthen your case. The court may also consider police reports, photos, or other evidence that substantiates the claims.

Demonstrating domestic violence in a divorce case differs from proving it in a criminal case. The victim only needs to show that it likely happened, based on the greater weight of the evidence.

Obtaining Domestic Violence Protection

If you’re facing immediate danger, seeking protection is paramount. Georgia offers Temporary Protective Orders (TPOs), which provide swift legal protection against an abuser. TPOs can include restrictions on contact, eviction from shared residence, and custody and child support provisions.

You can request a TPO by submitting a petition to the court. The petition needs to be verified by a notary and must contain details about any recent incidents of domestic violence. You must show that a violent act occurred recently and is likely to happen again soon if nothing is done to prevent it.

Legal Strategies for Protection During and After Divorce

Navigating divorce proceedings amid domestic violence requires a strategic approach:

  1. Secure a Safe Environment: Establish a safe living arrangement for you and your children.
  2. Restraining Orders: Work with your attorney to obtain restraining orders to prohibit contact.
  3. Child Custody Considerations: Advocate for the safety and well-being of your children when discussing custody arrangements.
  4. Supervised Visitation: Request supervised visitation to ensure the safety of your children during interactions with the abusive partner.
  5. Financial Independence: Develop a plan for financial independence, reducing reliance on the abusive partner.

Our Legal Team Can Help You Find Your Path to Freedom

If you find yourself ensnared in the cycle of domestic violence during divorce, know that you’re not alone. At The Edwards Law Group, our compassionate team is dedicated to providing the legal support and resources necessary for your journey to freedom. It’s time to break free from the shadows of abuse and step into a future marked by empowerment and resilience.

Take the first step toward a new beginning. Contact The Edwards Law Group for the guidance and protection you deserve. Your safety is our priority.

Are you ready to date again?

What to look for when dating after divorce

Divorce is a significant life change that often brings a mix of emotions; from relief and joy to uncertainty and anxiety. One of the things people frequently consider after deciding to get divorced is dating again. While the prospect of re-entering the dating scene can be exciting, there are essential considerations to ensure a smooth transition from marriage to dating. Let’s discuss dating during and after divorce, with an eye on helping you make the most of your dating life while respecting the process and the people involved.

Prioritize Your Children’s Well-being

It’s crucial to keep your children’s well-being in mind when re-entering the dating scene.. The best practice is really until the divorce is final, don’t date! And once you do start dating, iIf you’re not in a committed relationship with someone, avoid introducing them to your kids too soon. They don’t need to attend your children’s events or activities at this stage. Your primary focus should be on providing a stable environment for your children during this transition. Keep your dating life and your role as a parent separate until you’re ready to make a committed connection.

How to balance dating and being a single parent:

Dating as a single parent is undeniably complicated. The children are, of course, going to be part of the equation. Some best practices for single parents embarking on the dating journey include 

  • Avoiding hasty decisions
  • Stepping back and analyzing your potential partner
  • Engaging in open conversations with your children
  • Respecting the children’s  pace when it comes to accepting your new partner. 

Furthermore, acknowledging and addressing your child fears, balancing your time, and orchestrating thoughtful meetings between your partner and children, are key components of successful post-divorce dating.

Avoid Rubbing It in Your Ex’s Face

Regardless of the circumstances surrounding your divorce, it’s essential to be sensitive to your ex-partner’s feelings. Even if both parties agreed to end the relationship, constantly flaunting your new dating life in front of them can lead to resentment and unnecessary conflicts. While it’s essential to live your best life, consider doing so discreetly, especially if the divorce is still pending..

Wait Until the Divorce Is Final

One of the most important pieces of advice for those considering dating is to wait until the divorce is finalized. Dating while the divorce process is ongoing can add unnecessary complexity and emotional stress to an already challenging situation. If the person you’re dating is meant to be a part of your future, they will still be there after the divorce is final. Be patient, and hold off on dating until the legal process is complete.

It could save you time and money

Maintaining civility with your spouse during divorce is crucial for a smoother process. Diving headfirst into a new relationship can cause serious conflicts with your soon to be ex. Divorce is already emotionally charged, and feeling doubly wronged or wounded pride can lead to anger and hinder settlement negotiations. Failure to reach an agreement can prolong the typical three to eight months divorce timeline to one or two years, significantly increasing legal costs and court fees. Additionally, rushing into dating can impact spousal support negotiations. Resentment and mistrust can undermine settlement discussions when one spouse feels wronged.

Maintain Discretion on Social Media

In today’s digital age, it’s tempting to share every aspect of your life on social media. However, it’s wise to exercise restraint when it comes to your dating life. Avoid posting details about your new relationships or pictures of your activities on social media platforms, especially if the divorce is still pending. There’s no need to turn your personal life into a public spectacle. Your relationship status doesn’t have to be a topic for public discussion.

Seek Legal Guidance

Navigating the complexities of divorce and dating simultaneously can be challenging. If you have questions or need assistance in finalizing your divorce, don’t hesitate to seek legal help from experts in family law. Professionals can provide you with the necessary guidance and support to ensure a smooth transition.

Re-entering the dating world during and after divorce can be a rewarding experience when done with sensitivity and care. Prioritize the well-being of your children, avoid rubbing your new life in your ex’s face, wait until the divorce is final, maintain discretion on social media, and seek legal guidance when necessary. By following these guidelines, you can navigate this transition with grace and confidence.

 

How to get full custody of your child

In an ideal situation, both parents would share equal decision-making authority in matters of their children’s upbringing (referred to as “legal custody“), as well as the right to spend equal amounts of time with their children. However, this scenario, although prevalent, may not always be feasible. 

If a parent’s actions, decisions, and lifestyle are potentially endangering a child’s well-being, a judge may grant full custody to the other parent.

Can you ask a judge for sole custody?

Exclusive/Sole custody is a rare arrangement, signifying that one parent is granted all custodial rights, encompassing both legal and physical custody, while the other parent lacks custodial rights. Nevertheless, it’s important to note that having sole custody does not excuse the other parent from their responsibilities, including obligations like child support.

Child custody laws in Georgia put the best interest of the children involved front-and-center. In cases where adults within the family cannot amicably resolve matters, a judge, upon review of the situation, will make a determination based on what they perceive as being in the best interests of the children.

In the majority of cases, it is generally believed that children benefit from ample time spent with both parents, irrespective of the level of conflict between the adults. However, exceptions to this standard do exist. In select circumstances characterized by compelling reasons, one parent can obtain sole custody in Georgia.

Factors for awarding full-custody:

  • Incidents of domestic violence.
  • Issues related to substance abuse.
  • Severe physical or mental health concerns.
  • Significant personal instability.
  • A voluntary agreement between the parents.

One of the more frequent scenarios leading to one parent gaining sole custody is when the other parent acknowledges their inability to effectively parent due to factors such as a lack of skills, physical distance, or time constraints. In situations where one spouse alleges that the other is unfit for parenting or poses a risk to the children, they typically need to provide substantiating evidence to persuade a judge to support their position.

What the courts considering when granting custody

In Georgia, the standard practice is to base custody decisions on the best interests of the minor child. Unless one parent poses a threat to the child, the typical starting point is to identify the primary caregiver for the minor child. In most instances, the primary caregiver will be granted primary physical custody.

The primary caregiver is the parent responsible for waking the child up for school, assisting with daily preparations, providing meals, managing bath time, taking the child to medical appointments, participating in parent-teacher events, and more. In situations where these responsibilities are equally shared, it becomes more challenging for the judge to make a determination. Factors that may come into consideration include work schedules, the availability of time for the children, stability, the capacity to provide for the child’s needs, and, at a certain age, the child’s own preferences may also be taken into account.

The broad factors that judges analyze are:

  • The parents role before the divorce
  • The relationship between the parents
  • The parent’s fitness to make decisions
  • The relationship between the child(ren) and parent(s)
  • The preference of the child

Why work with a family law attorney?

If you’re seriously considering petitioning for sole child custody, we highly recommend working with a family law attorney. Sole physical custody means you are telling the courts that you alone are fit to take responsibility for your child or children. Now, while this might seem like a natural decision for you as a parent, for the courts, it is usually a tall order. 

In order to convince the courts and present the best possible reasoning for your requests, you need to have a legal team behind you counseling and helping along every step of the way. Give our team a call today to learn more. 

Co-Parenting After Divorce in Georgia: What You Should Know

Let’s be honest – the idea of co-parenting can feel like an impossible feat, especially after a divorce that might have left both of you with wounds that seem irreparable. But here’s the truth: co-parenting is not just a choice; it’s a crucial responsibility in raising your children well. 

Co-parenting takes a lot of work, and it isn’t instantaneous for most divorced couples. But the results of successful co-parenting on your children are well worth it. At The Edwards Law Group, we understand the challenges that divorced couples like you face when it comes to co-parenting, and we’re here to show you that it’s not only possible, but incredibly rewarding.

Understanding Co-Parenting

Co-parenting is a shared commitment between divorced or separated parents to collaborate in raising their children. The root of the term, “Co-,” brings forth notions of cooperation, coordination, collaboration, and agreement. It’s important to recognize, however, that if a parent doesn’t immediately concur with you, it doesn’t necessarily mean a lack of interest in co-parenting. Instead, successful co-parenting necessitates a significant amount of compromise, picking your battles wisely, thoughtful communication, and skilled negotiation. It’s about putting aside personal differences and focusing on the needs and best interests of your kids. While it might feel challenging, remember that your children deserve to have both parents actively involved in their lives.

Is Co-Parenting Possible After a Contentious Divorce?

Absolutely! While it’s natural for emotions to run high after a contentious divorce, eventually, (and especially when you let them) these feelings will subside and you can move on to have at least a civil co-parenting relationship. 

Divorce doesn’t always solve the problems you and your ex-spouse had when you were married. If you had communication problems as a married couple, you are likely still going to have the same communication problems as co-parents. Unless you take proactive steps to avoid or mitigate the causes of these problems. To do so, it’s crucial to shift the focus toward what truly matters – your children’s future. Co-parenting can provide stability and a sense of security for your children, even amid your differences.

Co-Parenting vs. Parallel Parenting

Co-parenting will not look the same for every divorced couple. Some may choose a co-parenting approach, where they actively communicate and cooperate on all aspects of parenting. Others may opt for parallel parenting, where communication is minimal, and each parent manages their responsibilities independently. Regardless of the choice, both approaches can be effective, depending on your situation.

Tips for Successfully Co-Parenting

Co-parenting can be very different from one set of parents to the next, but there are foundational steps to it:

  • Communicate, communicate, communicate: We’ve said it before and we’ll repeat it: If you’re not communicating, you’re not co-parenting. Keep lines of communication open, respectful, and focused on your children. Use tools like email or co-parenting apps to share important information.
  • ALWAYS Put the Children First: Always make decisions with your children’s best interests in mind and avoid involving them in adult conflicts.
  • Consistency and Routine: Maintain a consistent schedule for visitation, activities, and routines in both households to provide stability for your children.
  • Respect Boundaries: Respect each other’s boundaries and personal lives. Focus solely on parenting matters when communicating.
  • Flexible Approach: Be willing to adapt and compromise when necessary. Life is unpredictable, and flexibility can go a long way in co-parenting.

Helpful Co-Parenting Resources

There are also various resources available to support you in your co-parenting journey:

  • Therapeutic Support: Family therapy or counseling can offer a safe space for addressing co-parenting challenges and finding solutions.
  • Parenting Plans: Collaborate with a family law attorney to create a comprehensive parenting plan that outlines responsibilities, schedules, and dispute resolution methods.
  • Parenting Workshops: There are parenting workshops that provide guidance and tools for effective co-parenting. UptoParents.org offers free online classes about co-parenting, as well as informative videos and articles.
  • Parenting Tools: Parenting scheduling and messaging apps like Our Family Wizard, Talking Parents, and 2houses can help you and your ex-spouse communicate more effectively and coordinate schedules more easily.
  • Parenting books and other resources: Mom’s House, Dad’s House by Isolina Ricci, Ph.D. is a great book for co-parents, while Dinosaurs Divorce by Laurene Krasny Brown and Marc Brown is a helpful one for children.

Just Three Things

All of this may seem overwhelming, but successful co-parenting can be condensed into three basic things:

  1. Don’t undermine your co-parent. Don’t speak ill of them or undermine their authority in front of your children, even if you disagree with the decisions they are making (unless it is harming the child). If you disagree with them, discuss matters privately away from your children.
  2. Present a united front. You and your ex-spouse may have disagreements, but when it comes to big issues, especially those affecting your children, you need to be on the same page. Children need consistency; they don’t need to see you and your ex-spouse bickering over every little thing.
  3. Communicate. Co-parenting can never work without communication. It can be difficult not to let past issues and feelings creep in, but it is crucial to keep communication focused and respectful to establish a healthy co-parenting relationship. 

While the path of co-parenting may seem daunting, it can, and will, get better with time, effort, and teamwork. Our team at The Edwards Law Group can be part of that team. We’re here to support you and help you create a positive co-parenting environment that benefits your children’s well-being. Reach out to us today to learn how we can assist you on this journey.

Stress-Free Divorce in Georgia: Is It Possible?

The decision to divorce is never easy. It’s a step often laden with apprehension and emotional turmoil. The fear of what lies ahead can be overwhelming, and the truth is, no matter what anyone says about it, divorce will always come with some amount of stress. But here’s the good news: there are practical ways to mitigate the stress that often accompanies divorce.

1. Realistic Expectations are Key

One common source of stress during divorce is an unrealistic timeline. Some individuals assume they can wrap up a divorce in a matter of weeks, but in reality, divorce often involves complex issues that require time and attention. Understanding that the process may take several months or even a year can help set more accurate expectations, thus reducing stress.

At The Edwards Law Group, we work closely with you to provide a realistic outlook on the duration of your divorce. Knowing what you’re up against and understanding that it’s manageable for a finite period can significantly alleviate stress. By developing a clear timeframe for your divorce journey, you can better prepare for what lies ahead.

2. Plan for Life After Divorce

Another significant source of stress is the uncertainty about life post-divorce. After spending years planning a future with your spouse and children, changing those plans can be emotionally taxing. To address this, it’s crucial to sit down and explore what you want your life to look like after the divorce.

Our approach at The Edwards Law Group involves assisting you in developing a roadmap during the divorce process that aligns with your post-divorce goals. By visualizing and planning for your life beyond divorce, you can reduce the anxiety associated with the unknown.

3. Seek Professional Guidance

One of the most effective ways to minimize stress during divorce is to secure legal counsel right from the beginning, often even before you file for divorce. While some may consider handling the process alone, it’s essential to recognize that divorce cases can be legally complex and emotionally charged. Each divorce is unique, and unexpected challenges can arise.

Our experienced attorneys at The Edwards Law Group are well-versed in divorce matters and can provide invaluable guidance throughout the process. By entrusting your case to us, you can navigate the intricacies of divorce more confidently, sparing yourself undue stress.

Additional Tips for Reducing Stress During Divorce

Prioritize Self-Care

Divorce is emotionally taxing. Don’t neglect self-care during this challenging time. Ensure you’re getting enough sleep, eating well, and engaging in activities that bring you joy and relaxation.

Lean on a Support System

Share your feelings and concerns with trusted friends and family members. Having a support system can help you process your emotions and provide a valuable source of encouragement.

Consider Therapy

Professional therapy or counseling can be immensely beneficial during a divorce. A therapist can help you navigate the emotional aspects of divorce and provide coping strategies.

Stay Organized

Keep all relevant documents and paperwork organized. This can reduce stress related to the logistical aspects of divorce.

Focus on Communication

Effective communication with your ex-spouse is essential, especially if you have children. Clear and respectful communication can prevent unnecessary conflicts.

Set Realistic Goals

Establish achievable goals for yourself during and after the divorce. Celebrate small victories and milestones along the way.

Embrace Change

Accept that change is a natural part of life. Be open to new opportunities and experiences as you transition into your post-divorce life.

Divorce is undoubtedly challenging and is never stress-free, but it doesn’t have to be overwhelmingly stressful. By setting realistic expectations, planning for your future, seeking professional guidance, and prioritizing self-care, you can navigate divorce with greater ease. Remember that you don’t have to go through this process alone—The Edwards Law Group is here to guide you, alleviating stress and providing support as you move forward. Give us a call today to schedule a confidential consultation.

The Mediation Process in Georgia: What You Need to Know

Divorce and separation can be emotionally challenging journeys, often filled with complex decisions and disputes. However, this does not always have to be the case. In Georgia, most family law  cases undergo a mediation process before they are presented before a judge. 

The mediation process provides a valuable alternative to traditional courtroom battles. This article explores the mediation process in Georgia, shedding light on how it works, its benefits, and why it’s a crucial consideration for couples seeking an amicable resolution to their dispute.

What is Mediation?

Mediation is a dispute resolution method that involves the assistance of a neutral third party, known as a mediator. The mediator’s role is to facilitate constructive communication between the parties, helping them reach mutually acceptable solutions. Unlike a judge, the mediator doesn’t make decisions for the couple but guides them toward finding their resolutions.

In many cases, judges in Georgia often require couples to engage in the mediation process before proceeding to a court hearing where personal matters are openly discussed. Family Law  proceedings can be terrifying, and filled with all kinds of emotions. Mediation offers a valuable opportunity to step back from the turmoil and intensity, allowing individuals to express their needs and desires in a more human and less pressured environment. It grants couples the space to communicate freely, unfettered by external influences, ultimately leading to mutually agreeable decisions. This is the essence of what the mediation process provides.

The Mediation Process for Divorce

The absence of courtroom arguments doesn’t imply that mediation cannot lead you to your desired outcome. Instead, it paves a different path, devoid of the pressure associated with presenting your case and seeking validation from a third party.

The process of mediation is typically as follows:

  1. Initiating Mediation: Either party can propose mediation, or it may be court-ordered. Mediation typically begins with both parties agreeing to participate voluntarily.
  2. Preparing your case: As with a court hearing, if you hire an attorney, you’ll still have the advantage of legal counsel, who will be responsible for diligently preparing your case for mediation. Whether you choose to enlist an attorney’s assistance or decide to go through the process on your own, the importance of comprehensive preparation remains. Without professional guidance, you’ll find yourself managing the stress of case preparation alone, ensuring that all arguments and documentation are meticulously organized.
  3. Choosing a Mediator: Couples select a qualified and experienced mediator who specializes in family law and divorce mediation. The mediator’s role is to remain impartial and assist in resolving disputes.
  4. Initial Meeting: The first part of the mediation session involves an introduction to the process and the establishment of ground rules. The mediator outlines the confidentiality of the proceedings and ensures both parties have an equal opportunity to speak.
  5. Identifying Issues: The mediator assists in identifying the specific issues that need resolution, whether it’s child custody, property division, spousal support, or other matters.
  6. Open Communication: During the mediation, the mediator facilitates open and constructive communication between the parties. They encourage each side to express their concerns, needs, and preferences, while remaining respectful to the other party.
  7. Generating Solutions: With the mediator’s guidance, both parties work together to create potential solutions to the issues at hand. These solutions are discussed, revised, and refined until mutually acceptable agreements are reached.
  8. Formalizing Agreements: Once agreements are made, they are formalized into legally binding documents, which may be submitted to the court for approval as part of the case settlement.

Benefits of Mediation

  • Cost-Effective: Mediation is generally more cost-effective than a lengthy court battle, as it involves fewer legal fees and less time spent in court.
  • Empowerment: Mediation empowers couples to actively participate in shaping their agreements, rather than having decisions imposed upon them.
  • Confidentiality: Mediation proceedings are private and confidential, protecting sensitive information from becoming public record.
  • Reduced Conflict: The collaborative nature of mediation often results in reduced conflict and a more amicable post-divorce relationship.
  • Timely Resolution: Mediation can lead to quicker resolutions, allowing both parties to move forward with their lives.

The mediation process in Georgia offers parties a valuable opportunity to navigate their separation amicably, collaboratively, and on their terms. By choosing mediation, parties can take control of their proceedings, reduce conflict, and foster a more harmonious post-divorce environment for themselves and their children. 

Optimal Outcome from Mediation with The Edwards Law Group

Whether court-ordered or voluntarily chosen, mediation is a powerful tool for resolving disputes and finding common ground during this challenging life transition.

The key to successful mediation is thorough preparation and a clear focus on your ultimate objective. Having your end goal in mind throughout the mediation process is paramount, and having a well-defined roadmap to reach that destination is equally vital. This all circles back to the importance of being fully prepared.

At The Edwards Law Group, we’re committed to ensuring your mediation process is as meticulously prepared as any trial. Your desired outcome is our priority. Don’t leave your mediation to chance; let us guide you toward a successful resolution. Contact us today to embark on this journey with confidence. Your future is in capable hands.

Effective Co-Parenting: Back to School & Parenting Plans

Navigating the back-to-school season as a newly separated couple with children is undeniably not easy. The bittersweet mix of memories and uncertainties can make even the strongest of hearts quiver. It’s a time when the weight of the past collides with the challenges of the present, and the uncertainty of the future.

In this intricate dance of co-parenting, it is not unusual for the parents to find themselves fighting with each other. It’s natural, and not even that unusual, given that both parents are having to learn how to effectively communicate and navigate their new life situation. In the grand scheme of things, moving past the fighting and arguing and coming to an agreement to make a path forward for the benefit of the children is what’s really important. 

As you face the upcoming school days, remember that the small steps you take to bridge the chasm between the other parent and you will lay the foundation for your child’s academic and emotional success. To be as prepared as you can be, we’ve come up with this short checklist to help you get everything in order. As always, our Atlanta Family Law attorneys are here to help and our site is a library of free resources to help you navigate your best future.

School Choice and Co-Parenting:

There are two types of custody in Georgia; Legal and Physical. Courts often lean towards the parents sharing joint legal custody, however one parent usually has ultimate decision making and primary physical custody. Whether the decision revolves around enrolling in private school, charter school, or whatever it may be, we recommend engaging in communication with the other parent before making a final decision.

In cases of joint legal custody, the rights of both parents hold significant weight when it comes to pivotal choices that shape their children’s lives. This includes school choice. In other words, where children will be enrolled, or if they will be homeschooled.

Parenting plans are crafted so that both parents consult with each other, share information, and dialogue before a final decision is made. Even if one parent has the ultimate decision making power, the goal of successful co-parenting is to have a working relationship with the other side.

Can you enroll your child in extracurricular activities?

Which and how many extracurricular activities a child can participate in can be as contentious a topic as which school they attend. As with school choice, we always recommend that parents try to come up with a fair and balanced agreement to extracurriculars, keeping in mind that the children will have an opinion in what they want to do as they get older. 

Back-to-School Co-Parenting Checklist:

  • Review your parenting plan
  • Talk about transportation to and from school, after school, and other places
  • Talk about school supplies
  • Agree on a bed-time schedule
  • Discuss Church activities
  • If the child is old enough, can they have a Part-time job
  • Weekend activities
  • Set up good information sharing habits
  • Talk about college applications

Ideally, you have a parenting plan in place and it addresses the back-to-school season. However, if this is not the case, you might want to consider a post-divorce modification to your plan.

What if you simply can’t agree with the other parent?

If finding common ground for the sake of your children seems genuinely unattainable, one of the co-parents might need to contemplate pursuing a modification of parenting time action with the Court. However, it’s crucial to bear in mind that altering a custody order can evolve into a protracted and financially demanding process. Thus, it should only be embarked upon if it unmistakably aligns with the children’s paramount well-being.

For disputes demanding immediate attention, the option of seeking emergency custody or an accelerated custody modification hearing may be viable. It’s important to acknowledge that the determination of what qualifies as an “emergency” can differ between courts in different counties. Consequently, assurance of a hearing is not a given. In cases where neither an emergency nor an expedited hearing is an option, the prospect of waiting for a court hearing stretches across several months, even up to a year. In anticipation of potential delays, it’s wise to have an alternative course of action prepared and at the ready.

If you think a child custody order needs to be changed, or if an ex-spouse is pushing to change an order and you don’t agree, the Atlanta family law attorneys at Edwards Law Group are here to help. We know Georgia family law inside out with years of experience. We’re understand what you’re going through and know how to make it better. Drop us a call at 770-723-7211 for a chat about your case today.