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  • 2019
  • May
April 17, 2021

Month: May 2019

Could I Lose the House I Had Before We Married?!

Thursday, 30 May 2019 by Kara Lawrence

For example, if a wife brought $20,000 worth of separate assets into the marriage and during the course of the marriage she added those funds to the couple’s joint bank account or used those assets to support an investment held jointly by the couple, that separate property is now commingled. Once separate property has been commingled with marital property, it is not likely that a judge will distinguish this property from the other marital property upon divorce. However, in certain situations, there may be a way for one spouse to claim commingled as separate funds upon divorce.

The main way one spouse may claim commingled funds as separate upon divorce is a process called “tracing.” This process involves following or tracking the separate funds by referring to detailed records like deposit and withdrawal slips, bank statements, and other account information, to show how much of the money is truly marital and how much money is actually separate property. This process is highly complex and most likely will require the assistance of an accountant or other financial expert to trace the funds and testify at trial if necessary.

Because Georgia is an equitable division state, when one spouse’s separate property is mixed with the property or the other spouse or the couple’s marital property, that separate property becomes relatively indistinguishable. Even if tracing is conducted, there is no guarantee that a court will ultimately make an award that reflects the tracing analysis or award the spouse who commingled his or her separate property the full value if the separate property. In order to ensure that your separate property indeed remains separate in the event of divorce, the best practice would be to maintain a separate account for any separate funds or keep any separate real or personal property titled exclusively in your name. Additionally, consider speaking with your future spouse about entering into a premarital agreement. Or, if you are already married, consider entering into a post-nuptial agreement.

Call us at 678.324-8511;

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  • Published in Divorce, Litigation
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How can Separate Property become Marital?

Monday, 27 May 2019 by Kara Lawrence

Georgia law regarding separate property is extremely complex and somewhat unsettled.  Just proving that an asset was the separate property of one party does not necessarily preclude it from later becoming marital property.  Under certain circumstances, a property that once was separate in nature can become marital by the actions of the parties.  For example, merely adding the other spouses name to a deed may cause a piece of real estate to lose its status as separate property and make it marital.  Similarly, comingling separate property and marital property may have a similar effect.

Call us at 678.324-8511;

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  • Published in Divorce, Family, Litigation
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The advantages to negotiating a GA divorce settlement through mediation

Friday, 24 May 2019 by Kara Lawrence

Mediation is an alternative form of divorce that is growing in popularity because of its many advantages over traditional court divorce.

Although most marriage vows include the phrase, ‘until death do us part,’ less than 50 percent of marriages in the U.S. will actually last that long, according to the Centers for Disease Control and Prevention. Getting a divorce in Georgia or in any other state in the nation has become more commonplace than ever before. As a result of this surge in separations, mediation and other alternative forms of divorce have grown in popularity. While traditional court room litigation continues to meet the needs of some couples who are going through a divorce, mediation negotiations may work best for others.

How does mediation work?

Mediation sessions offer divorcing couples a way to civilly discuss the issues surrounding their separation, including property division, child custody, visitation and child support. The process allows couples to ultimately create their own divorce settlement, according to the Huffington Post. The sessions take place out of court and under the guidance of a third-party mediator. While the mediator is available to guide the couple through the process and answer any general questions that may come up, they are not able to give personalized legal advice regarding crucial divorce decisions.

What are the advantages of mediation?

The American Bar Association states that there are several advantages to choosing mediation over a traditional court divorce. They include:

  • The ability to customize a settlement. Since couples are able to personalize their settlement, they are able to make their own arrangements, free from the discretion of an appointed judge.
  • More affordable as the process is generally quicker and there are no courts costs.
  • Quicker to create a settlement. Many couples can file a settlement after just one or two mediation sessions.
  • Sessions take place in a relaxed and non-confrontational atmosphere. This often results in less stress and anxiety during the divorce process.
  • Couples are more likely to follow the terms of the divorce decree when they have had a personal hand in creating the settlement.

Couples often leave the marriage on better terms after going through the mediation process, while traditional court divorces may leave couples feeling bitter toward one another.

Is mediation for everyone?

Although mediation can be extremely helpful in some divorce situations, it is not for every couple. Mediation is a required precursor to a Georgia divorce; however, people who do not wish to cooperate with the creation of a divorce settlement or who are especially emotional throughout the divorce process, may be unable to settle through mediation. In order for mediation to work properly, both parties must agree to disclose all information regarding the divorce and help to make the best choices for everyone involved.

How an attorney can help

Whether you are considering mediation or any other form of separation, an established attorney in Georgia is an essential component of any divorce. A lawyer can offer personalized representation to ensure you get everything that you are entitled to during the divorce process. Rather than attempt to make these crucial decisions on your own, it may be best to partner with a knowledgeable attorney.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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  • Published in Child Support, Divorce, Mediation
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Ownership of Engagement Ring Upon Divorce or Broken Engagement

Tuesday, 21 May 2019 by Kara Lawrence

Engagement and marriage are very joyous times, and although no one ever anticipates the premature end of their marriage or engagement, the reality is that not all marriages or engagements continue happily ever after. One common question that individuals have regarding family law is what happens to the engagement rings if the marriage or the engagement does go awry. Who gets to keep the ring: the man who likely purchased it, or the woman who it was given to? Many courts throughout the nation have considered this very question, and those courts have reached varying decisions. Despite the differences, one major theme is present, engagement rings are gifts. The only real question is whether the gift will be viewed as a completed gift or as a conditional gift by the court.

Completed Gifts

Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). In order for a gift to be deemed a legally complete gift, three elements must be present: 1) the donor must intend to give the ring as a gift, 2) the donor must deliver the ring to the donee, and 3) the done must accept the ring. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift to him or her.

Conditional Gifts

But the majority of courts also consider such a gift to be a conditional one. That means that, until some future event occurs, the gift is not final. If that event does not occur, the donor has the right to get the gift back.

Women who want to keep their engagement rings often argue that the condition needed to make the engagement ring a completed gift is simply the acceptance of the proposal of marriage, not the completion of the marriage ceremony. That way, if the engagement is broken, the ring remains her property.

But this argument often is not successful. The majority of courts find that the gift of an engagement ring contains an implied condition of marriage. Acceptance of the proposal is not the underlying “deal,” the marriage is. Absent some other understanding or circumstance, for example, if the ring was given as a memento of a shared memory or experience or if the ring was given to celebrate a holiday or special occasion, most courts look at engagement rings as conditional gifts given in contemplation of marriage. However, as mentioned earlier, some states have come down on the opposite side of this fence, rejecting the conditional gift theory and declaring that an engagement ring is an unconditional, completed gift and that’s that. Thus, it is important to seek the advice of a knowledgeable family law attorney in your state to determine what rights you have regarding an engagement ring, regardless of whether you are the donor or the donee.

After the Marriage

After the marriage has occurred, the question of who gets to keep the ring becomes much simpler. Upon marriage, the ring is considered the property of the recipient. Even if the ring could have been viewed by a court as conditional initially, the condition of marriage is now met. In most states, rings are also considered the separate property of the recipient, not marital property, because the gift was made prior to marriage. Only via an agreement, like a premarital or settlement agreement, may a donor obtain possession of the ring upon divorce.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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  • Published in Divorce, Family, Litigation
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Non-Economic Contributions to a Marriage

Saturday, 18 May 2019 by Kara Lawrence

Georgia law recognizes that a spouses non-economic contribution to a marriage might be reflected in an equitable division of property, regardless of the actual legal ownership.  In particular, separate property may be deemed (in whole or in part) marital property by the court upon divorce if the value of the property appreciated during the marriage and that appreciation was caused by the efforts of the other spouse. 

The key test seems to be one of active v passive appreciation.  If the value of certain assets has appreciated, at least in part, by the contributions of either spouse there may be a claim of active appreciation.  One of the biggest questions in this regard is in regards to the active appreciation for a business owner.  If that company grows and succeeds because of the ideas, leadership and business acumen of the owner, that increase in value is due to active appreciation.

Passive appreciation, on the other hand, is the increase in the value of certain assets due to outside market forces such as supply and demand and inflation. For example, let’s say Person A bought a home 20 years ago. Upon purchase the house was worth $10,000. Over the last 20 years, Person A made no improvements to the home, but the area around that house was successfully developed over the past 20 years. Today, due to no efforts on the part of Person A, the parcel is now worth $100,000. This is passive appreciation.

Call us at 678.324-8511;

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Terminating Parental Rights, Legitimation, and Adoption

Wednesday, 15 May 2019 by Kara Lawrence

In Georgia, the Superior court does not have the authority to terminate a legal father’s parental rights and grant a biological father’s petition to legitimate a child as part of a divorce matter.  Only the Juvenile Court has jurisdiction to terminate parental rights.  The Superior Court has jurisdiction to terminate parental rights only as part of an adoption. 

 A DNA test confirmed that a man, not her husband, was the biological father of a married woman’s child!  Trust us, it happens more than you would think!  During the married couple’s divorce, the child’s father sought to intervene as a party to their divorce and petitioned to legitimate the child as his own.  The Superior Court terminated the husband’s rights as the legal father and granted the child’s father’s petition to legitimate the child, giving him primary physical custody of the child. 

In Georgia, the Superior Court has jurisdiction over legitimation matters concerning children who have been born out of wedlock.  The Juvenile Court has exclusive jurisdiction for all matters concerning termination of parental rights.   The one exception is in cases concerning adoption.  

The child in the case was born “in wedlock” and so was automatically the legal or “legitimate” child of the husband.  Opening the husband up to be on the hook for child support.  When the Superior Court granted the child’s biological father’s petition to legitimate the child it had to terminate the parental rights of the husband, making the child “illegitimate” for the purpose of granting the child’s biological father’s petition to legitimate.  

The problem is that while the Superior Court has jurisdiction over matters concerning legitimation, it only has the authority to terminate parental rights as part of an adoption.  Since this case involved a divorce and legitimation, and was not an adoption, the Superior Court did not have jurisdiction to terminate the parental rights of the husband.  Many make the mistake of the proper steps to take to solve their unique case, often resulting in denied petitions and considerable resources, wasted.  To discuss the particulars of your case, contact us.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

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  • Published in Adoption, Child Support, Divorce, Family
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Divorce and Child Custody — Timing is Essential

Sunday, 12 May 2019 by Kara Lawrence

If you have a divorce, custody case, modification, contempt or any other kind of family law case, you should be aware of the importance of time.  The time it takes your lawyer to file for you; the time you have to wait for a hearing and the time it takes to move your case along to a final resolution.

Why worry about time when you have so many other issues of concern?  Because time is money.  Every day your case is pending increases the likelihood you will be billed more in attorney’s fees.  So the longer your case lasts, the more you pay in attorney’s fees.  The faster your case is wrapped up, the less you pay in fees.  It’s real simple.

And don’t discount the peace of mind that comes with finishing up a case sooner rather than later.  Not only will you save money by moving your case along faster but you may save your sanity as well.  And that’s priceless.  

If you have a case that isn’t moving, stay on top of your lawyer.  Ask questions.  Demand answers.  And insist that the case progress to a final conclusion.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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  • Published in Child Support, Divorce, Family, Litigation
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What are False Pretenses?

Thursday, 09 May 2019 by Kara Lawrence

When an individual commits the crime of false pretenses, they misrepresent a fact in order to acquire someone else’s property. Obtaining property through false pretenses is a crime, punishable in most states by fines and imprisonment. While state laws vary in defining this crime, the general idea is the same: to be found guilty of false pretenses, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact. This means that if an individual obtains another’s property by stating a fact that they mistakenly believe to be true, they have not committed the crime of false pretenses. Depending on the state statute, the property acquired by false pretenses can include tangible property, like a car or house, and intangible property, such as information that has been obtained.

False Pretenses vs. Larceny-by-Trick

False pretenses is often confused with the crime of larceny-by-trick. Larceny-by-trick is almost identical to the crime of false pretenses. However, there is one big difference: In the crime of false pretenses, the title to the property is actually transferred to the perpetrator, whereas someone found guilty of larceny-by-trick does not hold the title. A party commits larceny-by-trick when they steal another party’s property by deception. Therefore, no actual transfer of title occurs with larceny-by-trick. For instance, if an individual tells an elderly man that she is his long-lost daughter with the intent of causing him to transfer the title of his vacation house to her, she has committed the crime of false pretenses. If, instead, the individual convinced the elderly man that she was just going to borrow his car but never came back with it, this would be larceny or larceny-by-trick.

False Pretenses vs. Fraudulent Misrepresentation

The crime of false pretenses has a civil counterpart as well: a civil cause of action known as fraudulent misrepresentation. While fraudulent misrepresentation has the same legal elements as false pretenses, the court system in which a party will be charged for the crime differs. If a party intentionally deceives another, causing them to transfer title of their property, the city or state will prosecute the perpetrator for the crime of false pretenses. However, to allow the victim a remedy for the crime, the civil courts allow an individual to bring a fraudulent misrepresentation action for damages against the thief.

Getting Legal Help

If you believe that you have been defrauded by false pretenses, contact the appropriate authorities. On the other hand, if you have been accused of defrauding by false pretenses, speak to a criminal defense attorney right away. Being found guilty of the crime of false pretenses carries with it the possibility of severe punishment, and you will benefit from having a knowledgeable criminal defense lawyer on your side.

 

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

Criminal DefenseFelony TheftMisdemeanor TheftMoral Terpitude
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  • Published in Criminal, Criminal Defense, Felony, Moral Terpitude, Theft
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What Should I Do If I Have Been Contacted by a Detective Who Wants Me to Make a Statement?

Monday, 06 May 2019 by Kara Lawrence

You’ve heard this before: you have the right to remain silent. This means that you cannot be forced to make a statement to police, no matter how many times you are asked. This advice applies to any criminal case, even if you have already been arrested and charged.

So – if a detective contacts you and asks you to make a statement, what should you do?

Contact a criminal attorney immediately and let him or her decide to speak with the detective on your behalf.

Why You Should Not Make a Statement

One of the greatest misconceptions about the law is that the police are able to ensure a better “deal” if a person confesses to a crime. In reality, the prosecutor is the only person who can make “deals”, including plea agreements and immunity. In the Superior Court, where all felonies are handled, this is the role of the District Attorney. The prosecutors who work for the elected District Attorney are called Assistant District Attorneys. In the State Court, where all misdemeanors are handled, this is the role of the Solicitor General. The prosecutors who work for the elected Solicitor General are called Assistant Solicitors.

Even if you believe you are innocent, don’t be wary about consulting an attorney if you’ve been asked to make a statement to a detective. The reasons being:

  • When in a stressful situation, people often share a lot of unnecessary information and this could potentially be to your detriment;
  • You may unintentionally make a mistake that is construed as a lie, which could be used against you if prosecution is initiated;
  • Responses that are truthful might provide what is seen as incriminating evidence or motive;
  • There are proven instances when only portions of statements and interviews are presented to the court and, if shown out of context, can be damaging;
  • It can be challenging to tell the same story twice in exactly the same way, even when it is the truth. Even if only minor details change, an experienced prosecutor can use this to question the credibility of the accused or even make it look like an intentional lie.

Ultimately, criminal defense attorneys agree that it is never a good idea to voluntarily speak with the police. If you have been contacted by a detective who wants you to make a statement, our advice is to call us and let us start preparing your defense today! 

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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  • Published in Criminal, Criminal Defense, Felony, Moral Terpitude, Theft
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What is the Statute of Limitations for a Personal Injury Case in Georgia?

Friday, 03 May 2019 by Kara Lawrence

In Georgia, filing a personal injury lawsuit against someone needs to be done within two years of the accident or incident that caused the injury. If the plaintiff waits any longer than this, he or she may be barred from filing the claim due to the statute of limitations having passed.

It is not always that simple, however. If your personal injury claim is against a city or county, then you will only have six months to file the claim in court. If the claim is against the state, then you have the normal two years.

The Statute of Limitation for Personal Injury in Georgia

The statute of limitation is referred to in the Georgia Code as “Limitations of Actions” and it relates to various types of injuries, including:

  • Injuries to the person (commonly referred to as personal injury);
  • Loss of consortium, which refers specifically to personal injury of a spouse and is in the form of an exception; and
  • Injuries to reputation, which do not relate to personal injury.

Specifically, the Code states that: “Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions to injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.”

While the concept of personal injury is, on the surface, relatively simple, loss of consortium and right of action accruing might be puzzling to most.

  • When we talk about loss of consortium claims in Georgia, it relates to damages suffered because a spouse has been injured and is involved in a lawsuit. Sometimes called loss of services, it includes loss of companionship. The term “services” is inclusive and covers the full spectrum of possibilities from household work to affection, and everything else that is indicative of a marital relationship. Loss of consortium may be permanent, in which case the damages involved could be significant.
  • A right of action accrues either when the accident happens or when the injury, or the cause of a particular injury, is discovered. For example: if someone develops cancer or another fatal disease, the cause of that cancer or other diseases may not be discovered until several years later. Similarly, someone might be suffering from chronic headaches but fails to link this ache to a past vehicle collision. When the connection between the injury and the cause is made, the right of action accrues. This is also referred to as a discovery rule.

In essence, it is vital to file a personal injury claim timely and within the legal deadlines. The legal rules and terminology can be confusing, and the processes can be very demanding. For this reason, it is essential to consult with an experienced personal injury attorney who will ensure that the statute of limitations or any other critical deadlines required by law are met. We invite you to contact us.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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