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Family
Law is a highly specialized practice area. Our team of 18 lawyers
has unparalleled
experience handling all areas of domestic law, including:
Divorce
Every divorce case
brings a different set of circumstances and different legal issues.
The team of lawyers we have assembled at Warner,
Mayoue, Bates & McGough
has unparalleled experience in navigating our clients though
this difficult process, and handling whatever challenges may arise, be
it custody or financially related.
We empathize with the intense emotions our clients often experience,
yet we are committed to practicing reasonable and sensible law and providing
objective advice
as to how to achieve the best possible outcome. If that requires
litigation, our attorneys are highly skilled and effective in the courtroom.
And when a divorce
is settled without a trial, our lawyers’ drafting of
settlement documents is clear, comprehensive, and straightforward
to avoid
unnecessary disputes
later on. Back to top.
Property Division
The State
of Georgia is an “equitable division of property” state
which generally means that property acquired between spouses
during the marriage will be divided in a manner that is fair, taking
into account
a number of
relevant factors including the conduct of the parties, the
separate
estate of each party,
the contribution of each party to the marriage, and the practice
and custom of the parties with reference to their individual
incomes.
This standard leaves much room for advocacy of the merits of
what is an equitable division of property. Our attorneys
are known for
their
expertise
in handling
high asset, complex cases which require sophisticated financial
expertise in matters of business valuation, discovery of
assets, personal tax
consequences, and other issues incident to the division of
sizable marital estates.
In keeping
with this expertise, a number of our attorneys have extensive
backgrounds in business, financial planning, taxation and
accounting. We are
equally comfortable
handling and trying cases on behalf of spouses with superior
knowledge and control of marital assets as well as spouses
who have traditionally
not been
involved
in the parties’ financial affairs. Back
to top.
Alimony
Alimony may be awarded on a temporary and permanent basis for
the support and maintenance of either spouse in accordance
with the
needs of that
spouse and
ability of the other spouse to pay. If the court decides to
award alimony, the amount awarded will take into account the
standard
of living during
the marriage,
the duration of the marriage, the age and health of each party,
the financial resources of each party, the contribution of
each party
to the marriage
(including homemaking and child care), the separate estate
and earning capacity of each
party, the time needed for either party to acquire education
or training to enable him or her to find employment, and any
other
relevant factors
the court regards
as fair and proper to consider. Alimony may be awarded in cash
or in property, and it may be payable periodically or in a
lump sum.
Unlike child support, there is no precise mathematical formula
for calculating the amount of alimony to be awarded thus
granting the
judge or jury wide
latitude in determining the amount of an alimony award.
For that reason, competent legal
advice and advocacy can have a large impact on the outcome
of such issues. The attorneys at our firm have extensive
experience in
negotiating and
litigating
alimony issues before judges and juries. Back
to top.
Custody and Visitation
Georgia courts
have the authority to decide who gets custody of the children, the
appropriate parenting time for each
parent, and
what
role each parent
will have in making decisions about their child’s future. These issues will
be decided according to the child’s best interest,
giving a broad range of discretion to the court.
We believe that custody battles in court should be avoided,
if at all possible. However, where a child’s well-being depends on a parenting plan that cannot
be achieved through negotiation, we will be thoroughly prepared and ready to
conduct a hearing or trial on the custody issues. The firm’s lawyers have
the experience necessary to handle difficult custody cases, and to guide parents
through this emotionally difficult process, while always staying focused on the
ultimate goal of ensuring that the child’s best
interests are promoted and protected. Back
to top.
Child Support
Georgia
law makes both parents responsible for their children’s financial
support. In 2007, Georgia adopted new statutory guidelines for determining child
support and apportioning each parent’s financial
responsibility to their child. Our attorneys have
experience and training
that you can rely
on in calculating
child support under the new guidelines and handling
any related child support issues. Back
to top.
Modification of Custody and Support
Georgia law allows
a party under certain circumstances to modify an existing custody and/or
support order.
Although a division
of property is not
modifiable, alimony and child support may be modifiable,
either upward or downward,
provided there has been a substantial change in income
or
financial status of either
party. Once this threshold requirement is met, the
payor’s
alimony and/or child support obligation may be reconsidered
under the appropriate
standards.
Custody may also be modified subject to a threshold
showing that there has been a material change of condition
substantially
affecting
the interests
and welfare
of the child and that the proposed change is in the
best interests of the child. Visitation rights can
also be
modified upon showing
that the
proposed change
is in the best interests of the child whether or not
there has been a material change of condition substantially
affecting
the
interests
and
welfare of the
child. Our experienced lawyers can evaluate your case
and advise you on whether, and to what extent, your
prior order
can or
should be modified. Back
to top.
Post-Decree Enforcement (Contempt)
When a party willfully
fails to comply with an Order requiring payment of alimony or child
support payments,
or to follow
an Order relating
to custody
or visitation,
the law authorizes the filing of a contempt action
to enforce the Court Order. Upon a finding of contempt,
the offender
can be ordered
to cooperate
or face
incarceration. The court can also order the offender
to pay the other side’s
attorneys fees.
We have experience representing clients seeking enforcement
of prior orders, as well as those clients defending
such an action. Back
to top.
Prenuptial and Postnuptial Agreements
Before or after the wedding, Georgia law allows a couple
to enter into their own contract setting forth their
financial obligations
during the
marriage. With
or without considerable assets, every couple should
consider whether a prenuptial or postnuptial agreement
is appropriate
for them.
Such an agreement is commonly
used to protect property that one or both parties
owned prior to the marriage from becoming divided upon divorce,
but it
can also
be effectively
used to protect
gifts from family members or to guard a personal
interest in
a family business. Prenuptial agreements are also
being used increasingly
as estate planning vehicles
to protect future inheritances of adult children
in the event of remarriage later in life. A properly drafted
prenuptial or postnuptial
agreement
may allow a couple
to separate and divorce promptly and amicably without
a costly
legal
battle.
Our experienced lawyers can help you determine
whether a prenuptial or postnuptial agreement is appropriate
for your
circumstances,
and if so,
we can provide the
guidance and representation necessary in negotiating
such an agreement. Back
to top.
Paternity and Legitimation
There are a number of legal issues that arise when
a child is born to parents who are not married.
Our attorneys
have
expertise
and
experience
in representing
mothers and fathers in this situation, and handling
all legal issues that such actions entail.
For instance, prior to legitimation of a child
born out of wedlock, the mother is entitled to
custody
of the
child, and she exercises
all parental
power
over the child. The father may seek custody and/or
visitation of the child through
a legitimation suit. In such case, the court
can declare the child legitimate, specify the
child’s
name, and order the child and father capable
of inheriting from each
other.
The mother may obtain child support from the father
through a paternity suit. Upon a finding or acknowledgment
that
the alleged
father
is the biological father
of the child, the court may issue an order designating
him as the father of the child, and imposing
a child support obligation upon
him. Back
to top.
Adoption
Adoption requires an experienced attorney to
assist the prospective adoptive parents in understanding
Georgia law and providing
advice on how to move
through the adoption process. We recognize the
importance of alternative methods for
creating your family and can assist in that progression.
Every adoption is as unique as the family that
seeks the adoption,
thus each adoption
requires an
individual approach to meet the needs of the
adoptive
parents. There are many types of adoptions which
are available in
Georgia including
agency, independent,
step-parent, relative, international and adult
adoptions. We are happy to help any prospective
adoptive parents,
including single
parents and
non-traditional
families, who need assistance with the adoption
process. Back
to top.
Appeals
Relatively few domestic cases require an appeal.
However, if a client believes an issue was
wrongly decided,
an appeal may
be
appropriate.
Our lawyers have
briefed and orally agued appeals at every level
of the Georgia Appellate Courts, and have the
skill and expertise
necessary
to analyze the
advisability of an
appeal and the likely outcome. Back
to top.
Restraining and Protective Orders/Family Violence
Although infrequent,
safety concerns can become an issue in any domestic litigation. Upon
the
filing of a verified
petition
alleging
that
an act of family violence
has occurred in the past and is likely to
occur in
the future, the Court is authorized to enter
a temporary protective order.
The temporary
protective
order can provide
relief appropriate to the particular circumstances,
including
(but not limited to) restraining the offending
party from committing future acts
of family violence
or otherwise harassing or interfering with
the petitioner, granting the petitioner exclusive
use and possession
of the family residence
or requiring
the offending
party to provide alternate housing to the
petitioner and children, awarding temporary custody to
the
petitioner, and awarding
temporary financial
support to the petitioner.
If the Court finds that a family violence
petition is supported
by evidence, a temporary protective order
is immediately entered and
a hearing scheduled
(usually within 10 days) to determine whether
the protective order
should be extended
or modified.
Sometimes, a person may even find themselves
a victim of a false claim of family violence.
Whether
such
allegation is
founded
or not, you should
obtain legal
representation, and our attorneys are seasoned
in providing legal counsel, support, and assistance
in this most
difficult situation. Back
to top.
Collaborative Law
The collaborative
law approach to family law issues offers a new approach to resolving
issues
incident
to a divorce,
without litigation
and in
a manner that
promotes cooperation, positive negotiation
and amicable resolution. Although every case
is not
suited for
collaborative law,
attorneys at Warner,
Mayoue, Bates & McGough include those
who have been trained in the collaborative
process and
have
successfully participated in
collaborative
cases, enabling
us to provide this alternative avenue to our clients. Back
to top.
Mediation and Arbitration
The attorneys at
Warner, Mayoue, Bates & McGough are experienced in all
areas of Alternative Dispute Resolution, and whenever possible seek to exhaust
these options in exploring settlement possibilities and resolve cases efficiently,
while always advocating for and protecting our clients’ interests.
Alternative Dispute Resolution (ADR) is a
process that enables parties to resolve their
domestic
matter outside
of the courtroom
in what
is often a more efficient
and cost-effective manner. There are several
types of Alternative Dispute Resolution,
including the
following:
- Mediation. Parties and counsel
attend an informal and confidential mediation session
with an independent,
neutral
third party,
who may be an attorney, to
discuss settlement. While agreements reached
at mediation are generally binding, the
mediator does
not have
the authority to make a binding
decision of the issues
raised in the litigation and cannot testify
if the matter reaches
trial. Parties can agree to attend mediation
or it can be ordered by the Court.
Many Courts
require the parties to participate in mediation
prior to final hearing of their case.
- Arbitration. Parties
and counsel attend an arbitration session with an independent, neutral
third party
who is not the judge
presiding over
the
parties’ case,
but whom the parties agree will have
binding authority to make decisions concerning
the parties’ case.
- Late Case Evaluation. The
parties and counsel attend a confidential session
with an independent,
neutral
third party
who is an
experienced domestic relations
attorney and/or judge, who is not
assigned to the case in question. The late case
evaluator hears
the arguments
and
concerns of
both parties
and makes non-binding
recommendations concerning settlement based on his or her experience. Back
to top.
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