Facebook noted in one-third of divorce cases, the survey shows

The Cherry Law Firm

The Facebook phenomenon has become commonplace: a long marriage grown stale through gestures that have become routine and stress of parenting. An old flame appears on Facebook. Innocent flirting ensues. Next thing you realize, you have divorce papers in your hands. What happened?

Online Friendship Gone Awry

A new survey by the UK based on Divorce-Online site reported that Facebook played a role in one out of three divorces in 2011 there.

The 2009 survey showed Divorce-Online 20 percent, so the number seems to be increasing. A figure widely circulated in news reports last year suggested that Facebook played a role in the testimony during one of every five divorces in the States.

“In fact,” states Diane Cherry, Esq., “People will tell me that they have separated because a spouse was on Facebook all the time, although there was no suspicion of betrayal.”

The survey lists the top three reasons for Facebook emerged in the divorce petitions (surprise! secondary Boyfriend does not make the list):

Inappropriate messages to members of the opposite sex on the site.
Separated spouses are apt to posting nasty comments on the other ones’ page.
Facebook friends report the behavior of a spouse. (Maybe a little deviated from the “norm”.)

About Last Night. . .

Obtaining a divorce is not as simple as packing up your things and move to your old bachelor/bachelorette pad. First, it is necessary to agree with your spouse about how to divide property and children, and if you can not reach agreement, then have a judge review the circumstances. That’s where the story of Facebook can turn against you.

“Facebook pages and messages are very commonly used as evidence in divorce cases,” says Ms. Cherry.  One should know better than to post drunk photos with the children in the background (at least not in the South, ha).

Not the kind of photos you want to bring before the court, but once they are loose on the Internet, they are “fair game”.

Do not shoot the messenger

A survey conducted last year by the American Academy of Matrimonial Lawyers found 81 percent of divorce lawyers report social media as a growing source of evidence in divorce cases, including 66 percent of respondents said that Facebook was the main source of evidence of social media.

A spokesman for Facebook stated in a previous article, “It is ridiculous to suggest that Facebook leads to divorce. Whether you’re breaking, or just join Facebook is only a way to communicate, such as letters, phone calls and emails. Facebook does not cause divorces, people do. “

Profile of Diane Cherry (770) 444-3399

Attorney Diane Cherry brings over twenty years of experience to The Cherry Law Firm, P.C., including criminal law, family law and civil litigation.  Diane Cherry, founder of The Cherry Law Firm, P.C. has been practicing law in the Metro Atlanta area since 1992. Attorney Cherry is a tenacious trial attorney, a reasonable but practical negotiator, and a truly compassionate family law and criminal defense attorney, who knows how to get results.
Attorney Diane Cherry maintains a general civil and criminal litigation practice, with a heavy emphasis on family law and criminal defense. The criminal practice runs the gamut of state and federal crimes from misdemeanors and traffic offenses to drug possession and DUIs, while her family law practices ranges from simple uncontested divorces to complex litigation involving child custody and millions of dollars worth of assets.

In addition to experience, when you choose The Cherry Law Firm, P.C. you are choosing to work with an attorney and staff who still believe in providing personal, one-on-one service that goes well beyond the norm. We truly care about our clients, and we believe that this fact is evident in the manner in which we serve them.

Contact  attorney Diane Cherry today to schedule a free initial consultation regarding your case.  Our office hours are Monday – Friday 8:30 – 5:00pm. Evening and weekend appointments are available as needed to suit your busy schedule.

Located in Kennesaw, Georgia, family law attorney Diane Cherry of The Cherry Law Firm, P.C., serves the Atlanta metro area, including Cobb County, Douglas County, Fulton County, Cherokee County, DeKalb County, Paulding County, Bartow County,  and Gwinnett County, Georgia.

Education:
J.D., Temple University School of Law, Philadelphia, Pennsylvania, 1988
B.A., New York University,  1983

Admissions:
Georgia State and Superior Courts (1992)
United States District Court, Northern District of  Georgia (1979)
United States Circuit Court of Appeals for the Eleventh Circuit (1986)

Professional Associations/Memberships/Affiliations:
Cobb County Bar Association
Georgia Bar Association, (Family Law and Criminal Law Sections)
Certified Guardian Ad Litem
Certified Special Master
Georgia Justice Foundation, Volunteer Lawyer
Atlanta Legal Aid, Volunteer Lawyer
Families First, Volunteer Lawyer
National Women’s Law Center, Volunteer Lawyer
Cobb County Family Law Workshop, Volunteer Presenter
Cobb Library Foundation, Past President (2010-2012)

(770) 444-3399 Call for a free appointment.  www.cherrylawoffice.com

Posted in acworth attorney, Atlanta Attorney, Atlanta Lawyer, Attorney, cartersville divorce, cheating spouse ga, cherokee county divorce attorney, child custody, child support, Cobb County Divorce, divorce, divorce lawyer, Facebook, family law, kennesaw divorce, legal help, marietta divorce, marietta lawyer, separation, support | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Social Media Can Be a “Deal Breaker” in a Divorce, Diane Cherry , Esq.

“Facebook passwords must be shared in divorce, really?”
http://www.prav-talks.com/wp-content/uploads/2011/10/facebook-marketing.jpg
A Connecticut judge has ordered a couple that was divorcing to share their online passwords, Facebook and others.  This exemplifies the important role that social media information can play in family law cases.

The judge issued the order in response to the revelation of a husband that his wife had wrote messages on Facebook about her feelings towards children and her inability to care for them.  This was all done on the couple’s shared computer. The wife was also ordered  to surrender the passwords for her accounts on eHarmony and Match.com.

In March, the American Academy of Matrimonial Lawyers found that 80 percent of divorce cases included media messages, especially Facebook, as fiduciary evidence over the past five years. And the evidence even extended beyond the written messages to include the images that were included in their profiles.

“I saw a picture of a child in front of a coffee table with bags of marijuana, whiskey bottles and a lot of money,” said the Director of the  Marion County Domestic Relations Department. “We called Child Protective Services so that they can be involved to ensure that the child was protected.”

Lawyers are not the only ones committing online espionage. Police, prosecutors and health insurers are increasingly utilizing social media for collecting evidence to prosecute crimes and investigate fraudulent claims. Lawyers are increasingly searching through the messages, and check-ins on social networking sites to determine even selection  jury members.

Some may see the judge’s order in the particular case as a court-authorized  piracy, but others see it as a reasonable request for relevant piece of a puzzle in family court. In any case, the court is following suit with the people’s fascination with technology as it deems appropriate.  The increasing prevalence of Facebook and assorted social media will ensure the issue is likely to be a growing research tool in the future.

Posted in Atlanta Attorney, Atlanta Lawyer, child custody, child support, Cobb County Divorce, divorce, family law, separation | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Adjustments for Child Support Payments in Georgia at Age 18

http://antoniokuilan.com/blog/wp-content/uploads/2011/05/college-textbooks.gif

In Georgia, child support payments are calculated to cover all minor children in a home. However, when an older child reaches 18 years of age (also known as “years”), there are often changes in child support obligation to reflect the lower number of minor children at home. In a case that has been fully resolved, the submission of a modification of child support is often necessary to adjust the amount of support. For those currently going through a divorce please read this?You can include a clause that states that the child support remains the same until the youngest child turns 18.  What if the first-born wants to get a higher education?  Will a single parent need help with college expenses, OH YES!  And we thought that High School was expensive.  Please utilize this strategy to ensure that you children are afforded the benefits of a solid education!

Your Choice for Family Law and Criminal Defense

This may be the first time you’re facing a divorce, child custody battle, spousal support or criminal charge but it’s not ours. The Cherry Law Firm, P.C.  offers you individual attention, knowledgeable guidance and experienced, aggressive representation.

Personal Guidance Through Family Transitions

Given the emotional, financial and legal impact of a divorce or criminal charge on you and your family, we work closely with you through every step of your case and even prepare you for life after your case is over.
We take steps to protect your rights and ensure you aren’t saddled with a settlement or conviction you’ll regret in the long run. We are prepared to negotiate, but are also aggressive litigators fighting for you, especially when the division of debt, marital assets and custody issues or criminal charges are involved.

Experienced, Aggressive Representation

Attorney Diane Cherry has practiced law for more than 20 years. She is an aggressive trial attorney who knows when and how to fight hard and when a more subtle approach is more appropriate.  She understands that some cases are more suitable for settlement or alternative dispute resolution, while others must be fought hard in court to the end. She has practiced in state and federal courtrooms throughout the area and have a long and successful track record.

Attorney Diane Cherry approaches legal problems by first trying to resolve them amicably without going through the time-consuming and expensive process of litigation. But if your case is one where litigation is warranted, remember that Diane Cherry is a trial lawyers who is not afraid to fight for you, and will be with you every step of the way.

Your Problems Are Now Our Problems

For more information regarding how we can help you through any family law or criminal issue, call us at 770-444-3399 or contact us by email today. Our office is conveniently located in Kennesaw, Georgia close to downtown Marietta and conveniently located in between the Cobb County and Cherokee County Courthouses and is  easily accessible to all of metro Atlanta, including Fulton, Dekalb, Paulding, Bartow and Douglas counties.

Schedule Your Consultation Today

If you are struggling with a serious family law or criminal defense issue, Diane Cherry can help you pursue a favorable outcome. Call today to speak with experienced Cobb County criminal and family law attorney, Diane Cherry.

The Cherry Law Firm, P.C.
1301 Shiloh Road, Suite 1620
Kennesaw, Georgia 30144
770-444-3399-Telephone
770-444-3376-Fax

Posted in Atlanta Attorney, Atlanta Lawyer, Attorney, cartersville divorce, child custody, child support, Cobb County Divorce, divorce, divorce lawyer, family law, kennesaw divorce, legal help, marietta lawyer, separation, support, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Children and Divorce in Georgia

Helping your kids cope with the effects of separation and divorce:

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For children, divorce can be stressful, sad, and confusing. At any age, kids may feel uncertain about what life will be like, or angry at the prospect of mom and dad splitting up for good. Divorce isn’t easy, but as a parent you can make the process and its effects less painful for your children.

Helping your kids cope with your divorce means providing stability in your home and attending to your children’s physical and emotional needs with a reassuring, positive attitude. To make this happen, you’ll need to take care of yourself—and work as peacefully as possible with your ex. It won’t be a seamless process, but your children can move forward feeling confident in your unconditional love.

In This Article:

  • Supporting your child
  • What to tell your kids
  • Listen and offer reassurance
  • Provide stability and structure
  • Take care of yourself
  • Work with your ex
  • Know when to seek help
  • Related articles & resources

A parent’s guide to supporting your child through a divorce

As a parent, it’s normal to feel uncertain about how to give your children the right support through your divorce or separation. It may be uncharted territory, but you can successfully navigate this unsettling time—and help your kids emerge from it feeling loved, confident, and strong.

There are many ways you can help your kids adjust to separation or divorce. Your patience, reassurance, and listening ear can minimize tension as children learn to cope with new circumstances. By providing routines kids can rely on, you remind children they can count on you for stability, structure, and care. And if you can maintain a working relationship with your ex, you can help kids avoid the stress that comes with watching parents in conflict. Such a transitional time can’t be without some measure of hardship, but you can powerfully reduce your children’s pain by making their well-being your top priority.

What I need from my mom and dad: A child’s list of wants

  • I need both of you to stay involved in my life. Please write letters, make phone calls, and ask me lots of questions. When you don’t stay involved, I feel like I’m not important and that you don’t really love me.
  • Please stop fighting and work hard to get along with each other. Try to agree on matters related to me. When you fight about me, I think that I did something wrong and I feel guilty.
  • I want to love you both and enjoy the time that I spend with each of you. Please support me and the time that I spend with each of you. If you act jealous or upset, I feel like I need to take sides and love one parent more than the other.
  • Please communicate directly with my other parent so that I don’t have to send messages back and forth.
  • When talking about my other parent, please say only nice things, or don’t say anything at all. When you say mean, unkind things about my other parent, I feel like you are expecting me to take your side.
  • Please remember that I want both of you to be a part of my life. I count on my mom and dad to raise me, to teach me what is important, and to help me when I have problems.

Source: University of Missouri

Helping children cope with divorce: What to tell your kids

When it comes to telling your kids about your divorce, many parents freeze up. Make the conversation a little easier on both yourself and your children by preparing significantly before you sit down to talk. If you can anticipate tough questions, deal with your own anxieties ahead of time, and plan carefully what you’ll be telling them, you will be better equipped to help your children handle the news.

What to say and how to say it

Difficult as it may be to do, try to strike an empathetic tone and address the most important points right up front. Give your children the benefit of an honest—but kid-friendly—explanation.

  • Tell the truth. Your kids are entitled to know why you are getting a divorce, but long-winded reasons may only confuse them. Pick something simple and honest, like “We can’t get along anymore.” You may need to remind your children that while sometimes parents and kids don’t always get along, parents and kids don’t stop loving each other or get divorced from each other.
  • Say “I love you.” However simple it may sound, letting your children know that your love for them hasn’t changed is a powerful message. Tell them you’ll still be caring for them in every way, from fixing their breakfast to helping with homework.
  • Address changes. Preempt your kids’ questions about changes in their lives by acknowledging that some things will be different now, and other things won’t. Let them know that together you can deal with each detail as you go.

Avoid blaming

It’s vital to be honest with your kids, but without being critical of your spouse. This can be especially difficult when there have been hurtful events, such as infidelity, but with a little diplomacy, you can avoid playing the blame game.

  • Present a united front. As much as you can, try to agree in advance on an explanation for your separation or divorce—and stick to it.
  • Plan your conversations. Make plans to talk with your children before any changes in the living arrangements occur. And plan to talk when your spouse is present, if possible.
  • Show restraint. Be respectful of your spouse when giving the reasons for the separation.

How much information to give

Especially at the beginning of your separation or divorce, you’ll need to pick and choose how much to tell your children. Think carefully about how certain information will affect them.

  • Be age-aware. In general, younger children need less detail and will do better with a simple explanation, while older kids may need more information.
  • Share logistical information. Do tell kids about changes in their living arrangements, school, or activities, but don’t overwhelm them with the details.
  • Keep it real. No matter how much or how little you decide to tell your kids, remember that the information should be truthful above all else.

Helping children cope with divorce: Listen and reassure

Support your children by helping them express emotions, and commit to truly listening to these feelings without getting defensive. Your next job is reassurance—assuaging fears, straightening misunderstandings, and showing your unconditional love. The bottom line: kids need to know that your divorce isn’t their fault.

Help kids express feelings

For kids, divorce can feel like loss: the loss of a parent, the loss of the life they know. You can help your children grieve and adjust to new circumstances by supporting their feelings.

  • Listen. Encourage your child to share their feelings and really listen to them. They may be feeling sadness, loss or frustration about things you may not have expected.
  • Help them find words for their feelings. It’s normal for children to have difficulty expressing their feelings. You can help them by noticing their moods and encouraging them to talk.
  • Let them be honest. Children might be reluctant to share their true feelings for fear of hurting you. Let them know that whatever they say is okay. If they aren’t able to share their honest feelings, they will have a harder time working through them.
  • Acknowledge their feelings. You may not be able to fix their problems or change their sadness to happiness, but it is important for you to acknowledge their feelings rather than dismissing them. You can also inspire trust by showing that you understand.

Clearing up misunderstandings

Many kids believe that they had something to do with the divorce, recalling times they argued with their parents, received poor grades, or got in trouble. You can help your kids let go of this misconception.

  • Set the record straight. Repeat why you decided to get a divorce. Sometimes hearing the real reason for your decision can help.
  • Be patient. Kids may seem to “get it” one day and be unsure the next. Treat your child’s confusion or misunderstandings with patience.
  • Reassure. As often as you need to, remind your children that both parents will continue to love them and that they are not responsible for the divorce.

Give reassurance and love

Children have a remarkable ability to heal when given the support and love they need. Your words, actions, and ability to remain consistent are all important tools to reassure your children of your unchanging love.

  • Both parents will be there. Let your kids know that even though the physical circumstances of the family unit will change, they can continue to have healthy, loving relationships with both of their parents.
  • It’ll be okay. Tell kids that things won’t always be easy, but that they will work out. Knowing it’ll be all right can provide incentive for your kids to give a new situation a chance.
  • Closeness. Physical closeness—in the form of hugs, pats on the shoulder, or simple proximity—has a powerful way of reassuring your child of your love.
  • Be honest. When kids raise concerns or anxieties, respond truthfully. If you don’t know the answer, say gently that you aren’t sure right now, but you’ll find out and it will be okay.

Helping children cope with divorce: Provide stability and structure

While it’s good for kids to learn to be flexible, adjusting to many new things at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

Remember that establishing structure and continuity doesn’t mean that you need rigid schedules or that mom and dad’s routines need to be exactly the same. But creating some regular routines at each household and consistently communicating to your children what to expect will provide your kids with a sense of calm and stability.

The comfort of routines

The benefit of schedules and organization for younger children is widely recognized, but many people don’t realize that older children appreciate routine, as well. Kids feel safer and more secure when they know what to expect next. Knowing that, even when they switch homes, dinnertime is followed by a bath and then homework, for example, can set a child’s mind at ease.

Maintaining routine also means continuing to observe rules, rewards, and discipline with your children. Resist the temptation to spoil kids during a divorce by not enforcing limits or allowing them to break rules.

Helping children cope with divorce: Take care of yourself

Your own recovery

If you are able to be calm and emotionally present, your kids will feel more at ease. The following are steps you can take toward improving your own well-being and outlook:

  • Exercise often and eat a healthy diet. Exercise relieves the pent-up stress and frustration that are commonplace with divorce. And although cooking for one can be difficult, eating healthfully will make you feel better, inside and out—so skip the fast food.
  • See friends often. It may be tempting to hole up and not see friends and family who will inevitably ask about the divorce—but the reality is that you need the distraction. Ask friends to avoid the topic; they’ll understand.
  • Keep a journal. Writing down your feelings, thoughts, and moods can help you release tension, sadness, and anger. As time passes, you can look back on just how far you’ve come.

You’ll need support

At the very least, divorce is complicated and stressful—and can be devastating without support.

  • Lean on friends. Talk to friends or a support group about your bitterness, anger, frustration—whatever the feeling may be—so you don’t take it out on your kids.
  • Never vent negative feelings to your child. Whatever you do, do not use your child to talk it out like you would with a friend.
  • Keep laughing. Try to inject humor and play into your life and the lives of your children as much as you can; it can relieve stress and give you all a break from sadness and anger.
  • See a therapist. If you are feeling intense anger, fear, grief, shame, or guilt, find a professional to help you work through those feelings.

Helping children cope with divorce: Work with your ex

Conflict between parents—separated or not—can be very damaging for kids. It’s crucial to avoid putting your children in the middle of your fights, or making them feel like they have to choose between you.

 Rules of thumb

Remember that your goal is to avoid lasting stress and pain for your children. The following tips can save them a lot of heartache.

  • Take it somewhere else. Never argue in front of your children, whether it’s in person or over the phone. Ask your ex to talk another time, or drop the conversation altogether.
  • Use tact. Refrain from talking with your children about details of their other parent’s behavior. It’s the oldest rule in the book: if you don’t have anything nice to say, don’t say anything at all.
  • Be nice. Be polite in your interactions with your ex-spouse. This not only sets a good example for your kids but can also cause your ex to be gracious in response.
  • Look on the bright side. Choose to focus on the strengths of all family members. Encourage children to do the same.
  • Work on it. Make it a priority to develop an amicable relationship with your ex-spouse as soon as possible. Watching you be friendly can reassure children and teach problem-solving skills as well.

The big picture

If you find yourself, time after time, locked in battle with your ex over the details of parenting, try to step back and remember the bigger purpose at hand.

  • Relationship with both parents. What’s best for your kids in the long run? Having a good relationship with both of their parents throughout their lives.
  • The long view. If you can keep long-term goals—your children’s physical and mental health, your independence—in mind, you may be able to avoid disagreements about daily details. Think ahead in order to stay calm.
  • Everyone’s well-being. The happiness of your children, yourself, and, yes, even your ex, should be the broad brushstrokes in the big picture of your new lives after divorce.

Helping children cope with divorce: Know when to seek help

Some children go through divorce with relatively few problems, while others have a very difficult time. It’s normal for kids to feel a range of difficult emotions, but time, love, and reassurance should help them to heal. If your kids remain overwhelmed, though, you may need to seek professional help.

Normal reactions to separation and divorce

Although strong feelings can be tough on kids, the following reactions can be considered normal for children.

  • Anger. Your kids may express their anger, rage, and resentment with you and your spouse for destroying their sense of normalcy.
  • Anxiety. It’s natural for children to feel anxious when faced with big changes in their lives.
  • Mild depression. Sadness about the family’s new situation is normal, and sadness coupled with a sense of hopelessness and helplessness is likely to become a mild form of depression.

It will take some time for your kids to work through their issues about the separation or divorce, but you should see gradual improvement over time.

Red flags for more serious problems

If things get worse rather than better after several months, it may be a sign that your child is stuck in depression, anxiety, or anger and could use some additional support. Watch for these warning signs of divorce-related depression or anxiety:

  • Sleep problems
  • Poor concentration
  • Trouble at school
  • Drug or alcohol abuse
  • Self-injury, cutting, or eating disorders
  • Frequent angry or violent outbursts
  • Withdrawal from loved ones
  • Refusal of loved activities

Discuss these or other divorce-related warning-signs with your child’s doctor, teachers, or consult a child therapist for guidance on coping with specific problems.

Reported Via: http://www.helpguide.org

Posted in Atlanta Attorney, Atlanta Lawyer, child custody, child support, Cobb County Divorce, divorce, family law, separation, support | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

Description of a Temporary Hearing in Cobb County.

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Unfortunately, it can often take a long time to finalize a contested divorce in Cobb and Cherokee County, Georgia. Often there are issues to be addressed as soon as possible and in these cases, a temporary hearing is conducted while the divorce action is still pending. The topics addressed at a hearing may concern temporary custody, visitation, child support, living arrangements and who will be responsible for the bills while the divorce action is unsettled. The temporary order issued after the temporary hearing will direct the parties on how to address any number of these issues.

It is key to remember that a temporary hearing is, by its very name, temporary. The order issued, ” a temporary order”, will last only until a new order of the same issues, or a final order of divorce action. Although the judge may consider the temporal order (working or not) in his / her final order in the case, all issues can be re-litigated in a final hearing.

Your Choice for Family Law and Criminal Defense

This may be the first time you’re facing a divorce, child custody battle, spousal support or criminal charge but it’s not ours. The Cherry Law Firm, P.C.  offers you individual attention, knowledgeable guidance and experienced, aggressive representation.

Personal Guidance Through Family Transitions

Given the emotional, financial and legal impact of a divorce or criminal charge on you and your family, we work closely with you through every step of your case and even prepare you for life after your case is over.
We take steps to protect your rights and ensure you aren’t saddled with a settlement or conviction you’ll regret in the long run. We are prepared to negotiate, but are also aggressive litigators fighting for you, especially when the division of debt, marital assets and custody issues or criminal charges are involved.

Experienced, Aggressive Representation

Attorney Diane Cherry has practiced law for more than 20 years. She is an aggressive trial attorney who knows when and how to fight hard and when a more subtle approach is more appropriate.  She understands that some cases are more suitable for settlement or alternative dispute resolution, while others must be fought hard in court to the end. She has practiced in state and federal courtrooms throughout the area and have a long and successful track record.

Attorney Diane Cherry approaches legal problems by first trying to resolve them amicably without going through the time-consuming and expensive process of litigation. But if your case is one where litigation is warranted, remember that Diane Cherry is a trial lawyer who is not afraid to fight for you, and will be with you every step of the way.

Your Problems Are Now Our Problems

For more information regarding how we can help you through any family law or criminal issue, call us at 770-444-3399 or contact us by email today. Our office is conveniently located in Kennesaw, Georgia close to downtown Marietta and conveniently located in between the Cobb County and Cherokee County Courthouses and is  easily accessible to all of metro Atlanta, including Fulton, Dekalb, Paulding, Bartow and Douglas counties.

Schedule Your Consultation Today

If you are struggling with a serious family law or criminal defense issue, Diane Cherry can help you pursue a favorable outcome. Call today to speak with experienced Cobb County criminal and family law attorney, Diane Cherry.

The Cherry Law Firm, P.C.
1301 Shiloh Road, Suite 1620
Kennesaw, Georgia 30144
770-444-3399-Telephone
770-444-3376-Fax

Posted in Atlanta Attorney, Atlanta Lawyer, Attorney, child custody, child support, Cobb County Divorce, divorce, divorce lawyer, family law, kennesaw divorce, legal help, marietta lawyer, separation, support, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Cobb and Cherokee Divorce Lawyers: Mediation

Call Today!

This blog post in our Cobb and Cherokee Divorce Lawyers Guide to divorce and family law is in regard to mediation. Unlike most counties, Cobb and Cherokee Counties have really put their money where their mouth is about the importance of mediation to resolve divorce and family law disputes. In particular, the Cobb County Courts offer a free mediation for in an effort to resolve any dispute as quickly as possible, without judicial intervention. Beyond the allotted four hours, the parties will split the cost of the mediator’s hourly rate (usually between $ 150 and $ 200 per hour) or reschedule for a second session.

Cobb County also has the Office of Alternative Dispute Resolution to assist in scheduling meditations and providing a neutral location for mediation to take place. Cobb County has many mediators to choose from. All cases involving contested custody are required to mediate and usually the Court will ask for  mediation in all cases, regardless of the type of case.

Your Problems Are Now Our Problems

For more information regarding how we can help you through any family law or criminal issue, call us at 770-444-3399 or contact us by email today. Our office is conveniently located in Kennesaw, Georgia close to downtown Marietta and conveniently located in between the Cobb County and Cherokee County Courthouses and is  easily accessible to all of metro Atlanta, including Fulton, Dekalb, Paulding, Bartow and Douglas counties.

Schedule Your Consultation Today

If you are struggling with a serious family law or criminal defense issue, Diane Cherry can help you pursue a favorable outcome. Call today to speak with experienced Cobb County criminal and family law attorney, Diane Cherry.

The Cherry Law Firm, P.C.
1301 Shiloh Road, Suite 1620
Kennesaw, Georgia 30144
770-444-3399-Telephone
770-444-3376-Fax

 

Posted in Atlanta Lawyer, child custody, child support, Cobb County Divorce, divorce, divorce lawyer, family law, kennesaw divorce, legal help, marietta lawyer, separation, support | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Social Media Can Wreak Havoc in Divorce, Diane Cherry , Esq.

“Facebook passwords must be shared in divorce, really?”
http://www.prav-talks.com/wp-content/uploads/2011/10/facebook-marketing.jpg
A Connecticut judge has ordered a couple that was divorcing to share their online passwords, Facebook and others.  This exemplifies the important role that social media information can play in family law cases.

The judge issued the order in response to the revelation of a husband that his wife had wrote messages on Facebook about her feelings towards children and her inability to care for them.  This was all done on the couple’s shared computer. The wife was also ordered  to surrender the passwords for her accounts on eHarmony and Match.com.

In March, the American Academy of Matrimonial Lawyers found that 80 percent of divorce cases included media messages, especially Facebook, as fiduciary evidence over the past five years. And the evidence even extended beyond the written messages to include the images that were included in their profiles.

“I saw a picture of a child in front of a coffee table with bags of marijuana, whiskey bottles and a lot of money,” said the Director of the  Marion County Domestic Relations Department. “We called Child Protective Services so that they can be involved to ensure that the child was protected.”

Lawyers are not the only ones committing online espionage. Police, prosecutors and health insurers are increasingly utilizing social media for collecting evidence to prosecute crimes and investigate fraudulent claims. Lawyers are increasingly searching through the messages, and check-ins on social networking sites to determine even selection  jury members.

Some may see the judge’s order in the particular case as a court-authorized  piracy, but others see it as a reasonable request for relevant piece of a puzzle in family court. In any case, the court is following suit with the people’s fascination with technology as it deems appropriate.  The increasing prevalence of Facebook and assorted social media will ensure the issue is likely to be a growing research tool in the future.

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Effective Use of Mediation to Resolve Your Divorce in Cobb County, GA

The Cherry Law Firm
Here, we will examine the steps to make sure you and your divorce lawyer in Cobb, Cherokee and Fulton counties are ready for mediation. This blog also works if you and your spouse plan on the use of mediation to resolve your case without a divorce lawyer in the Metro Atlanta area. First and foremost, ALWAYS be prepared.

  • Assets and liabilities – It is imperative that you and your divorce lawyer in Marietta have a clear understanding of what is inclusive, a complete list of all assets and liabilities, current account balances, and current assessments for a business, if necessary. Many Metro Atlanta divorce lawyers like to use a “balance of civil status” or “MBS”. This is a data form (usually prepared in Excel) that contains the assets and liabilities of the joint partners. It is very useful when you have documentation to support the numbers in the MBS. Then, if requested, then you can legitimize any of the figures.

When you and your spouse do not have a clear idea of your holdings and liabilities, the respective incomes, needs, and what are the issues of custody, mediation and negotiation will be in vain and ill feelings will be promoted because you and your spouse are not on the same page, and you may end up arguing about issues that are irrelevant. On the other hand, if you are paying the mediator and divorce lawyer in Kennesaw an hourly wage, this allows you and your spouse to stay focused on the mediation, not peripheral issues.

  • Child and spousal support – You and your spouse should prepare an accurate budget, usually in the form of an Affidavit of Financial Relations, which provides basic needs. You must supply all the documents such as bank statements and other bills, pay stubs, tax returns, insurance schemes, pension information, etc., which provide a complete picture of you and your spouse’s financial situation. This is relatively simple, if you and your spouse are W-2 employees and owners of a house.

It may be more difficult if there is significant separate property involved, complex issues of compensation (eg stock options), or other complicated financial situations can tend to be a hurdle for a couple looking to absolve the marriage on there own. Obviously, if you and your spouse have presented a financial statement which recently signed under oath that all assets and liabilities have been disclosed in the state, the document must be provided to the court.  If you have an estate of a more complex nature, a Marietta divorce lawyer can be invaluable, especially as more complicated marital states are often “knee-deep” in tax complications.

Provide the other side with this information before the meeting in order to save time, especially if the Metro Atlanta divorce lawyers can agree on the MBS early. Once the divorce attorneys in Cobb County have the same information and can agree on issues such as income, the property in question, and you and your spouse’s net worth, the chances of a successful negotiation of the settlement increase exponentially.

If you are struggling with a serious family law or criminal defense issue, Diane Cherry can help you pursue a favorable outcome. Call today to speak with experienced Cobb County criminal and family law attorney, Diane Cherry.

The Cherry Law Firm, P.C.
1301 Shiloh Road, Suite 1620
Kennesaw, Georgia 30144
770-444-3399-Telephone
770-444-3376-Fax

Posted in Atlanta Lawyer, child custody, child support, Cobb County Divorce, divorce, divorce lawyer, family law, kennesaw divorce, legal help, marietta lawyer, separation, support, Uncategorized | Tagged , , , , , , , , , , , , , | 1 Comment

Children and Divorce

Helping your kids cope with the effects of separation and divorce

Children & Separation or Divorce

For children, divorce can be stressful, sad, and confusing. At any age, kids may feel uncertain about what life will be like, or angry at the prospect of mom and dad splitting up for good. Divorce isn’t easy, but as a parent you can make the process and its effects less painful for your children.

Helping your kids cope with your divorce means providing stability in your home and attending to your children’s physical and emotional needs with a reassuring, positive attitude. To make this happen, you’ll need to take care of yourself—and work as peacefully as possible with your ex. It won’t be a seamless process, but your children can move forward feeling confident in your unconditional love.

In This Article:

  • Supporting your child
  • What to tell your kids
  • Listen and offer reassurance
  • Provide stability and structure
  • Take care of yourself
  • Work with your ex
  • Know when to seek help
  • Related articles & resources

A parent’s guide to supporting your child through a divorce

As a parent, it’s normal to feel uncertain about how to give your children the right support through your divorce or separation. It may be uncharted territory, but you can successfully navigate this unsettling time—and help your kids emerge from it feeling loved, confident, and strong.

There are many ways you can help your kids adjust to separation or divorce. Your patience, reassurance, and listening ear can minimize tension as children learn to cope with new circumstances. By providing routines kids can rely on, you remind children they can count on you for stability, structure, and care. And if you can maintain a working relationship with your ex, you can help kids avoid the stress that comes with watching parents in conflict. Such a transitional time can’t be without some measure of hardship, but you can powerfully reduce your children’s pain by making their well-being your top priority.

What I need from my mom and dad: A child’s list of wants

  • I need both of you to stay involved in my life. Please write letters, make phone calls, and ask me lots of questions. When you don’t stay involved, I feel like I’m not important and that you don’t really love me.
  • Please stop fighting and work hard to get along with each other. Try to agree on matters related to me. When you fight about me, I think that I did something wrong and I feel guilty.
  • I want to love you both and enjoy the time that I spend with each of you. Please support me and the time that I spend with each of you. If you act jealous or upset, I feel like I need to take sides and love one parent more than the other.
  • Please communicate directly with my other parent so that I don’t have to send messages back and forth.
  • When talking about my other parent, please say only nice things, or don’t say anything at all. When you say mean, unkind things about my other parent, I feel like you are expecting me to take your side.
  • Please remember that I want both of you to be a part of my life. I count on my mom and dad to raise me, to teach me what is important, and to help me when I have problems.

Source: University of Missouri

Helping children cope with divorce: What to tell your kids

When it comes to telling your kids about your divorce, many parents freeze up. Make the conversation a little easier on both yourself and your children by preparing significantly before you sit down to talk. If you can anticipate tough questions, deal with your own anxieties ahead of time, and plan carefully what you’ll be telling them, you will be better equipped to help your children handle the news.

What to say and how to say it

Difficult as it may be to do, try to strike an empathetic tone and address the most important points right up front. Give your children the benefit of an honest—but kid-friendly—explanation.

  • Tell the truth. Your kids are entitled to know why you are getting a divorce, but long-winded reasons may only confuse them. Pick something simple and honest, like “We can’t get along anymore.” You may need to remind your children that while sometimes parents and kids don’t always get along, parents and kids don’t stop loving each other or get divorced from each other.
  • Say “I love you.” However simple it may sound, letting your children know that your love for them hasn’t changed is a powerful message. Tell them you’ll still be caring for them in every way, from fixing their breakfast to helping with homework.
  • Address changes. Preempt your kids’ questions about changes in their lives by acknowledging that some things will be different now, and other things won’t. Let them know that together you can deal with each detail as you go.

Avoid blaming

It’s vital to be honest with your kids, but without being critical of your spouse. This can be especially difficult when there have been hurtful events, such as infidelity, but with a little diplomacy, you can avoid playing the blame game.

  • Present a united front. As much as you can, try to agree in advance on an explanation for your separation or divorce—and stick to it.
  • Plan your conversations. Make plans to talk with your children before any changes in the living arrangements occur. And plan to talk when your spouse is present, if possible.
  • Show restraint. Be respectful of your spouse when giving the reasons for the separation.

How much information to give

Especially at the beginning of your separation or divorce, you’ll need to pick and choose how much to tell your children. Think carefully about how certain information will affect them.

  • Be age-aware. In general, younger children need less detail and will do better with a simple explanation, while older kids may need more information.
  • Share logistical information. Do tell kids about changes in their living arrangements, school, or activities, but don’t overwhelm them with the details.
  • Keep it real. No matter how much or how little you decide to tell your kids, remember that the information should be truthful above all else.

Helping children cope with divorce: Listen and reassure

Support your children by helping them express emotions, and commit to truly listening to these feelings without getting defensive. Your next job is reassurance—assuaging fears, straightening misunderstandings, and showing your unconditional love. The bottom line: kids need to know that your divorce isn’t their fault.

Help kids express feelings

For kids, divorce can feel like loss: the loss of a parent, the loss of the life they know. You can help your children grieve and adjust to new circumstances by supporting their feelings.

  • Listen. Encourage your child to share their feelings and really listen to them. They may be feeling sadness, loss or frustration about things you may not have expected.
  • Help them find words for their feelings. It’s normal for children to have difficulty expressing their feelings. You can help them by noticing their moods and encouraging them to talk.
  • Let them be honest. Children might be reluctant to share their true feelings for fear of hurting you. Let them know that whatever they say is okay. If they aren’t able to share their honest feelings, they will have a harder time working through them.
  • Acknowledge their feelings. You may not be able to fix their problems or change their sadness to happiness, but it is important for you to acknowledge their feelings rather than dismissing them. You can also inspire trust by showing that you understand.

Clearing up misunderstandings

Many kids believe that they had something to do with the divorce, recalling times they argued with their parents, received poor grades, or got in trouble. You can help your kids let go of this misconception.

  • Set the record straight. Repeat why you decided to get a divorce. Sometimes hearing the real reason for your decision can help.
  • Be patient. Kids may seem to “get it” one day and be unsure the next. Treat your child’s confusion or misunderstandings with patience.
  • Reassure. As often as you need to, remind your children that both parents will continue to love them and that they are not responsible for the divorce.

Give reassurance and love

Children have a remarkable ability to heal when given the support and love they need. Your words, actions, and ability to remain consistent are all important tools to reassure your children of your unchanging love.

  • Both parents will be there. Let your kids know that even though the physical circumstances of the family unit will change, they can continue to have healthy, loving relationships with both of their parents.
  • It’ll be okay. Tell kids that things won’t always be easy, but that they will work out. Knowing it’ll be all right can provide incentive for your kids to give a new situation a chance.
  • Closeness. Physical closeness—in the form of hugs, pats on the shoulder, or simple proximity—has a powerful way of reassuring your child of your love.
  • Be honest. When kids raise concerns or anxieties, respond truthfully. If you don’t know the answer, say gently that you aren’t sure right now, but you’ll find out and it will be okay.

Helping children cope with divorce: Provide stability and structure

While it’s good for kids to learn to be flexible, adjusting to many new things at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

Remember that establishing structure and continuity doesn’t mean that you need rigid schedules or that mom and dad’s routines need to be exactly the same. But creating some regular routines at each household and consistently communicating to your children what to expect will provide your kids with a sense of calm and stability.

The comfort of routines

The benefit of schedules and organization for younger children is widely recognized, but many people don’t realize that older children appreciate routine, as well. Kids feel safer and more secure when they know what to expect next. Knowing that, even when they switch homes, dinnertime is followed by a bath and then homework, for example, can set a child’s mind at ease.

Maintaining routine also means continuing to observe rules, rewards, and discipline with your children. Resist the temptation to spoil kids during a divorce by not enforcing limits or allowing them to break rules.

Helping children cope with divorce: Take care of yourself

Your own recovery

If you are able to be calm and emotionally present, your kids will feel more at ease. The following are steps you can take toward improving your own well-being and outlook:

  • Exercise often and eat a healthy diet. Exercise relieves the pent-up stress and frustration that are commonplace with divorce. And although cooking for one can be difficult, eating healthfully will make you feel better, inside and out—so skip the fast food.
  • See friends often. It may be tempting to hole up and not see friends and family who will inevitably ask about the divorce—but the reality is that you need the distraction. Ask friends to avoid the topic; they’ll understand.
  • Keep a journal. Writing down your feelings, thoughts, and moods can help you release tension, sadness, and anger. As time passes, you can look back on just how far you’ve come.

You’ll need support

At the very least, divorce is complicated and stressful—and can be devastating without support.

  • Lean on friends. Talk to friends or a support group about your bitterness, anger, frustration—whatever the feeling may be—so you don’t take it out on your kids.
  • Never vent negative feelings to your child. Whatever you do, do not use your child to talk it out like you would with a friend.
  • Keep laughing. Try to inject humor and play into your life and the lives of your children as much as you can; it can relieve stress and give you all a break from sadness and anger.
  • See a therapist. If you are feeling intense anger, fear, grief, shame, or guilt, find a professional to help you work through those feelings.

Helping children cope with divorce: Work with your ex

Conflict between parents—separated or not—can be very damaging for kids. It’s crucial to avoid putting your children in the middle of your fights, or making them feel like they have to choose between you.

 Rules of thumb

Remember that your goal is to avoid lasting stress and pain for your children. The following tips can save them a lot of heartache.

  • Take it somewhere else. Never argue in front of your children, whether it’s in person or over the phone. Ask your ex to talk another time, or drop the conversation altogether.
  • Use tact. Refrain from talking with your children about details of their other parent’s behavior. It’s the oldest rule in the book: if you don’t have anything nice to say, don’t say anything at all.
  • Be nice. Be polite in your interactions with your ex-spouse. This not only sets a good example for your kids but can also cause your ex to be gracious in response.
  • Look on the bright side. Choose to focus on the strengths of all family members. Encourage children to do the same.
  • Work on it. Make it a priority to develop an amicable relationship with your ex-spouse as soon as possible. Watching you be friendly can reassure children and teach problem-solving skills as well.

The big picture

If you find yourself, time after time, locked in battle with your ex over the details of parenting, try to step back and remember the bigger purpose at hand.

  • Relationship with both parents. What’s best for your kids in the long run? Having a good relationship with both of their parents throughout their lives.
  • The long view. If you can keep long-term goals—your children’s physical and mental health, your independence—in mind, you may be able to avoid disagreements about daily details. Think ahead in order to stay calm.
  • Everyone’s well-being. The happiness of your children, yourself, and, yes, even your ex, should be the broad brushstrokes in the big picture of your new lives after divorce.

Helping children cope with divorce: Know when to seek help

Some children go through divorce with relatively few problems, while others have a very difficult time. It’s normal for kids to feel a range of difficult emotions, but time, love, and reassurance should help them to heal. If your kids remain overwhelmed, though, you may need to seek professional help.

Normal reactions to separation and divorce

Although strong feelings can be tough on kids, the following reactions can be considered normal for children.

  • Anger. Your kids may express their anger, rage, and resentment with you and your spouse for destroying their sense of normalcy.
  • Anxiety. It’s natural for children to feel anxious when faced with big changes in their lives.
  • Mild depression. Sadness about the family’s new situation is normal, and sadness coupled with a sense of hopelessness and helplessness is likely to become a mild form of depression.

It will take some time for your kids to work through their issues about the separation or divorce, but you should see gradual improvement over time.

Red flags for more serious problems

If things get worse rather than better after several months, it may be a sign that your child is stuck in depression, anxiety, or anger and could use some additional support. Watch for these warning signs of divorce-related depression or anxiety:

  • Sleep problems
  • Poor concentration
  • Trouble at school
  • Drug or alcohol abuse
  • Self-injury, cutting, or eating disorders
  • Frequent angry or violent outbursts
  • Withdrawal from loved ones
  • Refusal of loved activities

Discuss these or other divorce-related warning-signs with your child’s doctor, teachers, or consult a child therapist for guidance on coping with specific problems.

Reported Via: http://www.helpguide.org

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How To Know When to File for Divorce

  1. Are the two of you fussing with one another over trivial matters?
  2. Does just about everything about your spouse irritate you?
  3. Has your spouse physically or emotionally abused you? Are you afraid of your spouse?
  4. Do you believe that your love, patience and hope have just all run out?
  5. Can you communicate about anything or do you always end up in a disagreement? When you fight, do you fight fair? Do either of you bring up past hurts?
  6. When was the last time you had fun together? When was the last time you felt sexually attracted to each other? Do you still make love?
  7. Do the same problems keep resurfacing again and again? Have you tried counseling? Can you accept that your personal unhappiness is your own responsibility?
  8. Does your spouse constantly put you down, attack your self-esteem, and/or criticize you? Do you have any respect for your spouse? Does your spouse respect you?
  9. Are you willing to co-parent the rearing of your children with your ex-spouse?
  10. Are your goals and values different?
  11. Can you compromise on important issues?
  12. Has your spouse been unfaithful?
  13. Do the same problems keep resurfacing again and again?
  14. Do you have dreams of divorce or that your spouse died?
  15. Do you have a plan if you do divorce? Are you able to cope with the financial and emotional stresses of divorce?

Tips:

  1. It is important that you face the realities of divorce and not the fantasy.
  2. Sometimes an unhealthy relationship cannot be saved and divorce is inevitable.
  3. Realize that you must keep yourself emotionally and physically healthy through this stressful time. You won’t make rational decisions if you are depressed or sleep deprived.

What You Need

  • Courage
  • Self-esteem
  • Self-respect
  • A Plan
  • Realistic Expectations
  • Honesty

Via: http://marriage.about.com

Divorcing your spouse or obtaining custody over your child is a time consuming and emotional experience. The decisions you make today will affect you the rest of your life.

The Cherry Law Firm provides affordable and meticulous representation in the following areas:

  • Divorce
  • Child Custody
  • Child Support
  • Alimony
  • Prenuptual Agreements
  • Legitimation
  • Separate Maintenance
  • Modification Actions
  • Contempt Actions
  • Protective Orders
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