Here are some actions you can take, and some records you can gather, to help prepare for a divorce. Planning and acting ahead may allow you to preserve information and prepare for court or negotiations. Preparing before you file makes the process easier and potentially less stressful. 1. Counseling: Most parties could benefit from counseling. Consider working with a professional counselor to help you decide whether to work on saving the marriage or to just get a divorce. If you decide to divorce, a counselor can help you work through the confusion and stress of the divorce process. 2. List... Continue reading

You should know your rights with respect to what can be discharged in a bankruptcy case and what cannot. The big things that cannot - child support obligations, student loans, and IRS tax debt. For those you should consult with a bankruptcy attorney and evaluate your options for consolidating or working out a payment plan that fits your budget. Download IRS Bankruptcy Tax Guide We can help with the tax debt part by negotiating with the IRS to potentially reduce or eliminate penalties, interest, and principle. How can we help you? Continue reading

We just posted a new link on our Resources for Seniors page - https://www.retireguide.com/medicare/. Thank you to Samantha Litten for the link. This resource highlights coverage, costs, eligibility and enrollment information, along with answers to some frequently asked questions. And it provides links if you need additional information. Continue reading

Are you presently in an Installment Agreement payment plan? From the IRS website - "For taxpayers under an existing Installment Agreement, payments due between April 1 and July 15, 2020 are suspended. Taxpayers who are currently unable to comply with the terms of an Installment Payment Agreement, including a Direct Debit Installment Agreement, may suspend payments during this period if they prefer. Furthermore, the IRS will not default any Installment Agreements during this period. By law, interest will continue to accrue on any unpaid balances." Liens and garnishments are not being automatically released. However, now is the best time to... Continue reading

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One things seems to be missing these days - missing from news broadcasts, missing from the daily newspapers, missing from your stack of mail - hope. Hope is missing. But when all seems to be gloom and doom, and when you are facing moments of great stress staring at yet another unopened notice from the Internal Revenue Service, you need to know that there it is still possible to have hope. We offer hope. We have been solving legal problems for individuals, families, and small businesses for 26 years. We solve tax problems, including tax liens, tax garnishments, and threatening... Continue reading

If you have a small business facing tax problems, threats of levies or garnishments by the IRS or the GA Department of Revenue, you may have another new option to consider. There is now a Subchapter 5 under Chapter 11 bankruptcy law that allows for a bankruptcy stay while you reorganized, that may allow you to keep your business open. See Small Business Restructuring Act article - https://www.nytimes.com/article/small-business-bankruptcy-coronavirus.html. This option is worth considering if you have creditors that refuse to cooperate in dealing with debts. Continue reading

Here is a good list of important legal and health documents to keep in a file or folder. Tell family members the location of the file so it can be available in an emergency. The current pandemic causes us to include some other items as well, in case you or a loved one requires hospitalization. Remember that visitors are NOT allowed in hospitals. It will become difficult, if not impossible, to get these items to your loved one and if they do not bring them with them when admitted to a hospital. Clearly written and UPDATED accurate list of medications:... Continue reading

We are open for business online. Mediations and new client consultations can be scheduled now online on account of the COVID-19 crisis. We are using Zoom for all business. Please feel free to contact us at 404-890-0044 with questions or requests. How can we help? Continue reading

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Michael has been mediating and arbitrating cases as an advocate for more than 20 years. He has been taking cases to trial since 1993, in front of judges and juries, in all Court systems, and before the EEOC. He mediates disputes before and after suit has been filed, in and out of court, formally and informally. Pricing - Schedule a Mediation Nolo.com has a nice summary of the mediation process at this link that will answer most of your questions about the process in general - Mediation Basics. For the mediation process in Georgia, we will be happy to discuss... Continue reading

Moved to a new office. It is awesome! 1100 Circle 75 Parkway, Suite 460 Atlanta, GA 30339 Continue reading

I just attended a training workshop for lawyers put on by the organization KIND (Kids in Need of Defense). I am going to be a volunteer advocate on behalf of children in the immigration system. The images on our media of children sitting by themselves in a courtroom where decisions about their future are being made, with no adults present to advocate on their behalf, have stirred me to act. We cannot allow the legal system to roll over these children. It is time to take a stand. Continue reading

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According to a report by Radar Online, former NBA Rookie of the Year Blake Griffin of the Detroit Pistons has been ordered to pay almost $3 million dollars per year in child support to his children's mother, Brynn Cameron, in their Los Angeles California child custody case. Both parties dispute this report. Sports Illustrated - Kenny Ducey August 2, 2018 [Leon Halip/Getty Images] No matter what the true number is, it is instructive to consider that in most states, the purpose of child support is to provide the children of the union with living conditions that are comparable to what... Continue reading

Here is a good guide for dividing digital assets after a breakup or separation or divorce from Christina Bonnington on July 30, 2018. Who Gets What In A Breakup? Doris Liou (illustration from original article at Slate.com -https://slate.com/technology/2018/07/who-gets-what-in-a-breakup-how-to-split-icloud-amazon-prime-and-other-digital-accounts.html) Continue reading

Prenuptial Agreements For couples who drew up prenuptial agreements, the outcome should they divorce is more uncertain. It is common in prenuptial documents for lawyers to insert language calculating alimony payments based on years of marriage and a clause saying alimony payments are deductible for one spouse. Jeffrey Cohen, a divorce lawyer at Cohen Goldstein, said he was not sure whether these clauses would hold up in 2019 and beyond. “You have a written contract on the one hand, but people say, ‘I wouldn’t rely on it,’” he said. In the absence of guidance from the I.R.S., Ms. Poller said a document providing for deductible alimony might not be honored if alimony was no longer deductible. A married couple might want to consider renegotiating the agreement before the end of the year, even if it might unsettle the marriage. Continue reading

As every driver in Georgia now knows, the laws changed on July 1, 2018 regarding your use of a cell phone while driving. You are now prohibited from holding your cell phone in your hand while driving your car. The law is best summarized as follows from an article by David Wickert - The Atlanta Journal-Constitution, May 2, 2018 (https://www.myajc.com/news/state--regional-govt--politics/georgia-just-passed-distracted-driving-bill-what-legal-what-not/PZXchE0AqAi1H8r7X8XrZN/): Prohibited *Holding or supporting, with any part of the body, a wireless telecommunications device or stand-alone electronic device (for example, an iPod). *Writing, sending or reading any text-based communication, including a text message, instant message, e-mail or internet data while... Continue reading

Here is a valuable collection of strategies for dealing with summertime as a divorced parent. Judge Bender gives plain common sense advice that applies to most divorced couples, regardless of where in the country you live. [photo from Judge Bender's blog] http://benderlawchicago.com/blog/how-divorced-parents-can-juggle-kids-over-the-summer/ Continue reading

A new law in Kentucky now mandates that shared parenting by parents in a divorce is presumed to be in the best interests of the children, and it "encourages" equal parenting time and shared custody. Under the new law, judges must start the consideration of each custody case with the presumption that joint custody and equally-shared parenting time are the best outcome for the children, and then they can consider other factors, such as whether each parent has a history of domestic violence or whether each parent is fit for parenting, before deciding whether joint custody is appropriate. http://www.wpsdlocal6.com/2018/05/01/new-kentucky-law-forces-joint-custody-default/ The... Continue reading

Every day, a new story breaks about sexual harassment in a workplace or in an industry. These claims are not going away anytime soon. How are you reacting to the threat of claims in your job or your business? Now is the time to deal with the employee climate. With training. With counseling. With education. With confidential interviews and investigations. Get assistance now. Continue reading

The Georgia Supreme Court recently held that the irrebuttable presumption of paternity does not apply when a child is conceived by way of in-vitro fertilization. This is an important development for families in Georgia considering alternative methods of conception. The case involved a divorce that was filed during the same time period that the mother was undergoing in-vitro fertilization treatments. She sought to establish paternity for the child by setting aside the divorce decree entered in the case so that she could include the child in the marital settlement agreement and the father resisted. The trial court denied her efforts.... Continue reading

Here is a good article with a handful of useful business development ideas from two young attorneys. HT to Rick Lackey at Real Professionals Network for the link. Marketing Lessons For Young Lawyers - Robin Hensley at Raising the Bar Continue reading

The Georgia Supreme Court held today that it is unconstitutional for a law enforcement officer to compel you to submit to a DUI Breathalyzer test. The Court held that a person cannot be compelled to an act of self-incrimination, and that being forced to take a Breathalyzer was such an act of self-incrimination. The State of Georgia's constitutional protection against self-incrimination applies to more than just speech, and protects against being forced to perform acts that generate self-incriminating evidence. There may still be ramifications for refusing such a test, but now, in Georgia, you can't be compelled to submit. We... Continue reading