News and Thoughts on Family Law Issues in Georgia: Divorce, Collaborative Divorce, Alimony and Spousal Support, Child Support, Child Custody, Visitation, Property Division, Adoption, Paternity, Legitimation, Grandparent's and Third Party Custody and Visitation Rights, Family Violence Protective Orders, Prenuptial and Postnuptial Agreements and More; by Marietta and Atlanta Divorce and Family Law Attorney Stephen M. Worrall
As a Marietta divorce lawyer and Cobb County child custody attorney, I inform all clients in divorce cases and other family law cases involving parents of minor children in Cobb County that they must attend a court-mandated seminar for divorcing parents. The following is a summary of the seminar and dates for it in Cobb County in 2011.
Because of the extremely emotional nature of divorce and its impact on children, the Cobb County Superior Court Judges enacted a local rule of court mandating divorcing parents of children under the age of 18 to attend a four hour educational seminar entitled “Helping Children Cope With Divorce: A Seminar for Divorcing Parents.” The purpose of the seminar is to provide parents with information on topics including the divorce process and how it impacts children, developmental stages of children, communication skills, identifying when a child may need help, and realistic expectations about step families.
The course is conducted by professional counselors who can help the parents identify and respond to the best interest of their children. The class is offered three times each month (see the online registration form for a schedule) at a cost of $30.00 per participant. Evaluations of this seminar have consistently shown that at least 94% of past participants felt that the course was helpful to them during the divorce process.
For further information, please call the ADR office at (770) 528-1812.
You will complete the seminar by attending ONE Thursday morning seminar OR by attending TWO Monday evening seminars.
2011 Schedule
Thursday Morning Classes 8:30 a.m. - 1:00 p.m.
Monday Evening Classes 7:00 p.m. - 9:00 p.m.
January 6 or 20 February 3 or 17 March 3 or 17 April 7 or 21 May 5 or 19 June 2 or 16 July 7 or 21 August 4 or 18 September 1 or 15 October 6 or 20 November 3 or 17 December 1 or 15
*January 10 and 24 *February 7 and 21 March 14 and 21 April 11 and 18 May 9 and 16 June 13 and 20 July 11 and 18 August 8 and 15 September 12 and 19 October 10 and 17 November 14 and 21 December 12 and 19
* Denotes change in regular schedules
Location
The location for all classes will be:
Cobb County Superior Court Building (Building "D" 6th floor jury assembly room) 30 Waddell street Marietta, GA 30090-9642
As a Marietta divorce lawyer, I know that getting a divorce in Georgia can be an overwhelming process. There are so many decisions to make and things to do that it’s hard to keep everything straight. And as a Marietta estate planning lawyer, I also know there is one thing that divorcing couples must remember to do—and that is getting your will or trust updated.
Forgetting about your estate plan is understandable from any perspective. You’re so busy thinking about living arraignments, finances and custody agreements that you simply forget to contact an estate planning lawyer to make sure your spouse will no longer be the beneficiary of your estate once the divorce is final.
And while I admit estate planning is easy to overlook, it’s still something that must be taken care of either before you file or immediately after your divorce is complete.
This is especially true if you have a life insurance policy, retirement accounts, investments, property or even a joint trust with your current spouse. If you fail to take steps to create a single person trust or designate new beneficiaries on your other assets, your ex-spouse will still receive everything you own—even after you are legally divorced.
Similarly, if you don’t create an updated power of attorney and living will, your soon-to-be ex-spouse will be the only one with legal permission to make decisions for you if you are permanently or temporarily incapacitated. For most people, the thought of their soon-to-be ex making decisions such as medication administration, life-support or nursing home vs. home health care is frightening. Also, the ex most likely does not want that responsibility any longer. That is why it is critical to get these issues addressed at some point before or after the divorce proceedings.
However, there are strict time-frames as to when you can update/amend your estate planning documents during a divorce in Georgia, so please make yourself familiar with the following guidelines:
Updating Your Estate Plan Before Filing Divorce in Georgia
As a Marietta estate planning lawyer, I highly recommend you consider revoking and restating all of your estate planning documents before filing for divorce. This includes updating your advanced healthcare directive (also known as a living will) and financial power of attorney so someone other than your spouse has the ability to make financial or medical decisions on your behalf if you are unable. This is especially true if you’re gearing up for a messy divorce which could likely drag on for a number of years.
You’ll also want to change the beneficiaries on your life insurance policy, retirement accounts and other investments. If you have a joint trust with your spouse, you’ll need to talk with your Marietta will and trust lawyer to find out whether you must provide notice to your spouse before it is revoked.
Updating Your Estate Plan During Divorce Proceedings in Georgia
During your divorce proceedings, the ability to revoke your trust or name new beneficiaries on certain accounts can be halted. What’s known as an Automatic Temporary Restraining Order (ATRO) or a Standing Order will kick in to ensure your assets and ownership interests stay the same until an official division of assets and ownership interests takes place. Therefore, it’s important to note that if you pass away during this time, your soon-to-be ex-spouse will still become the beneficiary of your estate. You can, however, update your will, power of attorney and living will during this time to minimize the amount of power your ex-spouse would have if something unexpectedly happens to you.
Updating Your Estate Plan After a Divorce in Georgia
After the divorce proceeding, you are considered a single person in the eyes of the law. You are free to update, revoke and amend your estate planning documents as you see fit. However, as a Marietta GA will and trust lawyer, I’ve come to find that many people falsely believe their spouse is no longer entitled to their assets once the divorce is officially granted. While it’s true that some estate planning powers may be automatically revoked after the divorce (such as the ability to speak for you medically if you were in an accident), if you have outdated legal documents in place that still include your ex-spouse, he or she will still be the legal beneficiary of your estate or specific assets upon your death. Therefore, it’s important to make sure every legal document you have is updated immediately following your divorce.
When to Get Help
I always advise people in Georgia to at least meet with a Marietta estate planning attorney, in addition to their Marietta divorce attorney before ultimately filing for divorce. That’s because it’s important for you to know exactly how the divorce proceedings will affect you and/or your children, especially if you become incapacitated or pass away suddenly during the process.
With so much going on during divorce it is difficult to think about adding another legal process. However, it is critical to make sure your estate plan reflects your new circumstances to avoid everything you own going to your future ex-spouse if you pass away or avoid having him or her legally responsible to make medical or financial decisions for you in the event of incapacity.
Steve Worrall has received the highest "AV Preeminent" rating with a perfect "5 out of 5" score from Martindale-Hubbell. The AV rating is a significant accomplishment in that only 12% of all the attorneys in the world have been awarded the designation. The Martindale-Hubbell Peer Review Ratings help buyers of legal services identify, evaluate and select the most appropriate lawyer for a specific task at hand.
AV® Peer Review Rating — An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. A lawyer must be admitted to the bar for 10 years or more to receive an AV® rating.
This blog is written and published by Stephen M. Worrall for educational purposes only, i.e. to give information and a general understanding of Georgia family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Steve Worrall is licensed to practice law in the state of Georgia only.
Your use of this blog does not establish an attorney-client relationship between you and Stephen M. Worrall. Such an attorney-client relationship can only be established by execution of a contract for legal services between GeorgiaFamilyLaw.com, The Law Firm of Mullin & Worrall, LLC, and a prospective client.
Some material contained in this blog is general in nature and may not reflect the current laws of the State of Georgia. The author of this blog does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.
The inclusion of material from identified sources is for educational purposes only and is not intended to infringe on the copyrights of the identified sources.
Georgia Cities and Counties in Which We Practice
We do take and have handled cases in counties throughout the State of Georgia, but these are the ones in which we handle the majority of our cases.
Bartow County, GA Includes the cities of Cartersville, Emerson, Euharlee, Kingston, and White
Cherokee County, GA Includes the cities of Ball Ground, Canton, Holly Springs, Waleska, and Woodstock
Clayton County Includes the cities of Forest Park, Jonesboro, Lake City, Lovejoy, Morrow and Riverdale.
Cobb County, GA Includes the cities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna and the communities of Mableton, Vinings, Fair Oaks, Cumberland, Town Center, East Cobb, West Cobb, North Cobb, and South Cobb
Coweta County Includes the cities of Grantville, Haralson, Moreland, Newnan, Senoia, Sharpsburg and Turin.
DeKalb County, GA Includes the cities of Avondale Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Pine Lake and Stone Mountain.
Douglas County, GA Includes the city of Douglasville and the community of Lithia Springs.
Fayette County Includes the cities of Brooks, Fayetteville, Peachtree City, Tyrone and Woolsey.
Fulton County , GA Includes the cities of Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell and Union City.
Gwinnett County, GA Includes the cities of Berkeley Lake, Buford, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Loganville, Norcross, Snellville, Sugar Hill and Suwanee.
Henry County Includes the cities of Hampton, Locust Grove, McDonough and Stockbridge.
FREE SPECIAL REPORT: 5 Ridiculous Myths About Estate Planning:
What They Are, Why We Believe Them and How They Could Seriously Hurt the People and Things You Love
Just enter your name and contact information into the form below and we'll send you your
free report immediately, via email.
When it comes to estate planning, there are 5 ridiculous myths that could cause your plan to crumble and fall apart when your family needs it the most.
Whether you already have an estate plan or you have ZERO documents in place, this report will help you identify common myths and mistakes so that you can FIX any problems, make the right decisions and properly safeguard the people and things you love.
BEFORE YOU GO ONE STEP FURTHER WITH YOUR PLANNING….
Download this free special report from attorney Steve Worrall and discover:
• The most common reason why estate plans FAIL when families need them the most (…this can happen no matter how much you paid or how great your attorney was!)
• Why estate planning is not just for the rich or elderly, and the bare minimum documentation every adult over 18 needs in place
• Why your kids may still end up in the care of social services, even with guardians named, if something happens to you
• One common oversight that may force your estate into probate, even though you have a rock-solid trust in place
• Why your family may not be able to honor your most private health care wishes if something happens to you
• …and more!
Just fill in your information here to access your free copy now
"I've prepared this report for you as a free courtesy and a public service. There are no 'strings' attached--aside from wise strategies and a special certificate for our services."
Steve Worrall, Esq.
or Call Us: 770.425.6060
SPAM NOTICE: We hate spam like a snowman hates spring.We will never share, rent, or sell your contact information with any other company or person.
ABA Section of Family Law: Tech Corner Family Law practitioner and ABA Family Law Section member Stephen M. Worrall refers to Microsoft Office OneNote as The Ideal Note-Taking Tool for Today's Lawyer in his TabletPCLawyer blog.
Alabama Family Law Blog: Checklist of Divorce Issues I've just discovered Stephen Worrall's Georgia Family Law Blog. Its a very good blog with a lot of great content, and its not all specific to the state of Georgia, so check it out.
California Divorce Blawg: Georgia Family Law Blog Stephen M. Worrall and Melissa A Mullin, are in charge at the Law Firm of Mullin & Worrall in Marietta, Georgia. In addition Worrall produces the Georgia Family Law Blog, which is a great resource for those with Georgia divorce on ther minds. For those of your who have seen me in court, visited my office, of sat in on one of my speaking presentations, you are aware of the fact that I am a big proponent of tablet pc's, and I use mind all the time. If Stephen Worrall wasn't busy enough and maintaining his Georgia blog, he also produces the Tablet PC Lawyer Blog, which I frequently visit. Take a look at both of his blogs when you can.
CKA Mediation & Arbitration Blog: Excellent Resource on Georgia Domestic and Family Law (including mediation) I recently found an interesting, informative and frequently updated blog about Georgia family law and divorce law, the Georgia Family Law Blog. Run by Stephen M. Worrall, a Marietta based domestic attorney, it contains tons of great information on Georgia domestic and family law, including mediation.
I plan to visit the site often as I hope to expand my practice into domestic mediation in the next few months.
Divorce Law Journal: Blawg Review #101 Gaining ground in my corner of the blawgosphere are divorce and family law bloggers . . . Stephen Worrall of Georgia Family Law Blog with Helping Georgia’s juvenile code grow up.
Divorce Law Journal: More on Getting a Get Thanks to Stephen Worrell at the Georgia Family Law Blog for the post Jewish women look to courts to obtain traditional divorce decree which led us to the article.
Florida Divorce & Family Law Blog: Observations from Seasoned Family Law Attorney I recently found this article on the Georgia Family Law Blog. It gives some helpful advice to divorcing couples on how to conduct yourself during a divorce. Its helpful to get advice and thoughts from a seasoned family law attorney who has been "in the trenches" for many years.
Florida Estate Planning Lawyer Blog - How to Choose a Guardian for your children The Georgia Wills, Trust, and Estate Planning Blog has an article on choosing the right guardian for your children where the break down the process into three steps. This three-step approach should make the process easier to accomplish without damaging the marriage.
Indiana Family Law Blog: Helping children cope with your divorce The Georgia Family Law Blog has another excellent article on helping kids deal with the challenges they face when the parents divorce. Any family law attorney worth his or her weight in salt should refer clients to this article.
Indiana Family Law Blog: How to stay happily married By way of Georgia’s most active family law blogger, we have a link to a free podcast (aka audio file to listen to on your computer or mp3 player) featuring ten marriage counselors each offering a tip on how to keep a marriage happy.
Indiana Family Law Blog: More good planning ideas The Georgia Family Law Blog has another dose of good advice for people contemplating divorce. What I particularly like about this post is that it’s not adversarial. It’s practical and looks toward the future.
Indiana Family Law Blog: The beginnings of an idea, perhaps a proposal Fellow family law blogger Steve Worrall notes that in his home county [, Cobb County, Georgia, in Marietta and metropolitan Atlanta], there is a program for engaged couples and newlyweds that addresses topics like communication, anger management, financial planning, and so on.
Inter Alia: Blawg of the Day Steve Worrall is a lawyer with the firm of Mullin and Worrall in Marietta, Georgia. His Georgia Family Law Blog provides "news and thoughts on family law issues in Georgia: divorce, alimony, child support, child custody, visitation, property division, adoption and more."
Kentucky Family Law Blog: Choosing a Guardian for Your Children The following article came to my attention through the Georgia Wills and Probate Law Blog. While not related to child custody law, I feel that it provides important considerations for those with familes that are changing due to divorce.
NC Divorce Talk Radio: YouTube and Billboards The panel also visits the issue of domestic violence and takes a look at a post from the Georgia Family Law Blog that examines the non-physical aspects of abuse in a relationship.
Ohio Estate Planning and Elder Law: Couples Face Pitfalls When Estate Planning In A Second Marriage Attorney Stephen M. Worrall writes the following in his Georgia Wills, Trusts and Estate Planning Blog. This centers upon an issue that is constantly overlooked, creating drastic and unfortunate impact upon the estates of many people! Don't overlook the importance of planning in second marriage situations.
P.I.S.S.D.: Link of the Day - Georgia Family Law Blog Marietta, Georgia attorney Stephen M. Worrall writes the Georgia Family Law blog in addition to maintaining a Web site on Georgia Family Law....
Attorney Worrall also publishes the Georgia Wills and Probate blog.... And now, late breaking news: Steve has just started a new blog about tablet computers.
Sam Hasler's Indiana Divorce & Family Law Blog: My Roundup of Law Blogs Part 3 Georgia Prenuptial and Postnuptial Agreements Blog: "News and Thoughts on Prenuptial Agreements, Postnuptial Agreements and Reconciliation Agreements in Georgia." From Stephen Worrall who also publishes Georgia Family Law Blog. Fairly new, well-written. Combine this with #14 if you leave here wanting more information on pre-nuptial agreements.
UPDATES IN MICHIGAN FAMILY LAW: Electronic evidence used more frequently Steve Worrall, author of the outstanding Georgia Family Law Blog, has written many posts recently about the increasing frequency with which electronic evidence is being sought and used in court proceedings. A recent blog article entitled Law evolving as divorces drag in electronic evidence, is well worth the time to read, whether you're a family law subscriber to this Blog or a layperson involved in a pending divorce.
VA Family Law Blog: Abuse Warning Signs Take a moment and look at this important post from the Georgia Family Law Blog because it wisely points out that before abuse becomes domestic violence, there are warning signs. These signs may be happening in the life of someone you love or work with. The blog post was spawned by one of the too-numerous instances of death-by-spouse which happen in the U.S. each year.