Mediation or Trial?

Mediation is a settlement conference usually hosted and run by a lawyer specially trained in techniques designed to settle family law cases. The mediator is not a judge and is not "deciding" any issues in the case However, a good mediator can apply his or her experience to the facts of the case and persuade each side why settlement may be in his or her best interests. The mediator's fee is usually shared equally by the parties to ensure that the mediator is impartial. For reasonable and motivated peole, mediation can be a cost-effective and inexpensive way to settle a divorce, custody, or support case.

If the parties in a divorce or other family law case are unable to settle the case on their own, most courts in metro Atlanta will require them to mediate the case before they can take their case before the Judge for a final trial. So the question then really becomes should you mediate the case shortly after it begins or wait several months to hold your mediation.

A well trained, experienced lawyer can provide you with the answer to this important question. Your lawyer will make sure that you have the necessary information about your (ex)spouse's income, assets, and conduct to properly evaluate your case. Your lawyer can access special court procedures including subpoenas, to ensure he or she obtains the necessary information.

I would be happy to meet with you for 30 minutes in my office at no charge to let you know what your legal rights and responsibilities are in connection with divorce and other family law issues. 

I've been practicing law in the metro Atlanta area since graduating from UGA Law School in 1986, and I've represented over a thousand people with their legal problems during those years.  I've tried many family law cases before all the judges in Cobb, Cherokee, Paulding and Bartow Counties and know their judges well.

For more information, visit my website at www.gentrylawfirmgeorgia.com or call or email us for a free 30 minute in-person consultation at 770-425-5573 or bill@gentrysmithlaw.com.

William C. (Bill) Gentry

Is It Time to Divorce?

When do you “know” it’s time to divorce?  Sometimes, the answer is easy.  Maybe you’ve just been served with divorce papers.  Or maybe your spouse just told you that he or she is leaving you, and then just goes.  At this point, you “know” you’ve got to take steps to protect your rights and to protect your children.

Other times it can be hard, even more so if you have children.  If you’re not yet certain that it’s time for a divorce, consider marriage counseling.  There are many very good marriage counselors who are highly trained in helping save marriages.  Ask your spouse to join you in selecting and going to a marriage counselor.  One sign that your marriage may be salvageable is your spouse’s willingness to sit down with you and a marriage counselor to help work through your problems. 

Before you begin the marriage counseling process, remember that a lot of work will be required to save the marriage.  The problems that have taken years or even decades to come about can’t be solved in just one or two visits with the marriage counselor.

During this time, it may also make sense for you to speak with a divorce lawyer and find out what your rights are.  Most family lawyers are happy to speak with you on the phone or even meet with you for 30 minutes in the office at no charge.  That gives you a chance to get to know the lawyer and get an overview of your legal rights and responsibilities.  It also gives the lawyer a chance to get to know you and your particular legal problems.

I would be happy to meet with you for 30 minutes in my office at no charge to let you know what your legal rights and responsibilities are in connection with divorce and other family law issues. 

I've been practicing law in the metro Atlanta area since graduating from UGA Law School in 1986, and I've represented over a thousand people with their legal problems during those years.  I've tried many family law cases before all the judges in Cobb, Cherokee, Paulding and Bartow Counties and know their judges well.

For more information, visit my website at www.gentrylawfirmgeorgia.com or call or email us for a free 30 minute in-person consultation at 770-425-5573 or bill@gentrysmithlaw.com.

William C. (Bill) Gentry

Motions for Contempt and Enforcement

Many people who have been through a divorce may become frustrated when their ex-spouse violates their divorce settlement agreement or final divorce decree.  Often, I hear people say, “I play by the rules, but my Ex won’t.  What do I do about it?”

The most common way of handling this problem is to hire a lawyer to file a motion for contempt against your Ex.  A motion for contempt is a written request to the Judge who handled your divorce case to punish your Ex for violating your divorce settlement agreement or final divorce decree.

There will then be a hearing before your divorce Judge, and you’ll need to present evidence to prove that your Ex has violated the divorce settlement agreement or final divorce decree.

Motions for contempt can be filed for any violation of the original divorce order.  The most common violations are for failing to pay child support or alimony on time or in the correct amount, failing to return a child from visitation on time, and denying the noncustodial parent visitation with a child.

If your Ex is often late paying child support, there may be alternatives to ensure child support and alimony are paid on time.  An income deduction order can require your Ex’s employer to pay alimony and child support directly to you.  Also, if your Ex is self-employed, you may be able to have child support or alimony paid through the Court, which would monitor timely payment.

I've been practicing law in the metro Atlanta area since graduating from UGA Law School in 1986, and I've represented over a thousand people with their legal problems during those years.  I've tried many family law cases before all the judges in Cobb, Cherokee, Paulding and Bartow Counties and know their judges well.

For more information, visit my website at www.gentrylawfirmgeorgia.com or call or email us for a free 30 minute in-person consultation at 770-425-5573 or bill@gentrysmithlaw.com.

William C. (Bill) Gentry

Welcome to my family law blog!  In it, I'm going to talk about family law topics in Georgia and in particular in the northwest Atlanta metro area:  Cobb, Cherokee, Paulding, and Bartow Counties.  This area includes Marietta, Canton, Dallas, and Cartersville.

What is "family law"?  It's about marriage, divorce, child custody, child support, alimony, division of property and debts, and any other legal question that affects the legal status and relationships among members of the same family.

Family law comes mainly from laws passed by Georgia's General Assembly and signed into law by Georgia's governor.  It also comes from decisions from Georgia's Supreme Court and Georgia's Court of Appeals.

Increasingly in recent years, laws passed by the U.S. Congress and signed into law by the President have also had a real impact on family law.

When people think about going to court for a trial, many people think about a trial before a jury of 12 of their fellow citizens.  You are entitled to a jury trial in most family law cases in Georgia, but only on issues related to money.  These issues are child support, alimony, and division of property and debts.

In Georgia, ALL family law trials that relate to child custody, visitation, and parenting are decided by the judge, not by a jury.  For this reason, jury trials in family law cases are very rare in Georgia.

Because the judge, not a jury, decides most family law cases, and all child custody issues, you should hire a lawyer who is very familiar with the judges in the county where your case will be tried.  A lawyer who knows the judge that your case is assigned to will be in a much better position to predict the outcome of your family law case and give you much better legal advice.

I've been practicing law in the metro Atlanta area since graduating from UGA Law School in 1986, and I've represented over a thousand people with their legal problems during those years.  I've tried many family law cases before all the judges in these four counties and know the judges there well.

For more information, visit my website at www.gentrylawfirmgeorgia.com or call us for a free 30 minute in-person consultation at 770-425-5573.

William C. (Bill) Gentry