770-609-1247 | Coleman Legal Group, LLC – Legal Blog
Bankruptcy’s Impact on Immigration Status
Bankruptcy and Immigration are both under the jurisdiction of the U.S. federal courts, but administered by separate divisions within the federal court system. Leaving your country for the start of the better is the most exciting and challenging thing one can ever think of doing. United States is known as the land of opportunities, freedom, and a start to live American dream. The cost of immigration can be high and sometimes many jobs do not pay as well as one would hope. Adding the stress of how immigration status can be affected by existing...
read moreAdvice for Father’s in Divorce
Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated. This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit. Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family. However, there are ways...
read moreIs Separation Right For You?
We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce. The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action. And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage. Below is a discussion of other...
read morePets and Divorce in Georgia
Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...
read moreWhat is a Standing Order in a Divorce Case?
When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders. In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct. A violation of any of the standing orders can result in some jail time due to being in contempt of the court. The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...
read moreGeorgia Bankruptcy FAQs
In today’s time, being in debt and having to file bankruptcy is not an uncommon thing. Some people have debts that they can live with and slowly pay off, however, some people are living with a debt that they cannot pay off and to make matters worse, the debt keeps getting bigger. Some of those people that are in huge amounts of debt do not know that they have bankruptcy as an option, and those that do know simply refuse to use bankruptcy because of the negative views it has gotten from the media. Some people just don’t the benefits that...
read moreDivorce Advice for Spouses of Professionals and Business Owners
Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...
read moreWhat is a Motion to Dismiss?
What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...
read moreCan Child Support be Discharged in Bankruptcy?
Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...
read moreDoes Filing for Bankruptcy Affect a Job?
It is natural to worry about what kind of effect filing for bankruptcy will have on your life. The filer may worry about his employer finding out they filed for bankruptcy and what may happen if they did find out or what kind of impact bankruptcy can have on any potential jobs in the future. To clarify, it is possible that an employer could find out about an employee filing for bankruptcy, the good news is that typically a bankruptcy does not have any impact on their job. Does Filing for Bankruptcy Mean You Lose Your Job? Filing for...
read moreWhat is Bankruptcy Fraud?
Bankruptcy fraud is considered a “white-collar crime” one that requires premeditation, an intent to commit a crime and legal bankruptcy paperwork. There are four main different types of bankruptcy fraud which include: Concealment of Assets: The debtor conceals assets to prevent from the assets being liquidated or seized. The debtor may try to hide the items location, report the items stolen, or temporarily transfer the items to family and friends. False Information: The debtor files forms with incorrect information or forms that are...
read moreThe Good, Bad and Ugly Parts of a Divorce
When going through a divorce there is the good, the bad, and the ugly; it is important to know ahead of time what you are in for. Sometimes the good greatly outweighs the bad instantly, but in most situations it may take some time to see these types of results — so be patient and keep an eye out. The following are the good, the bad, and the ugly about going through a divorce. The Good Parts of Divorce You will get a new start with a divorce and a chance to rediscover yourself at a new stage in your life. A fresh start will allow you to get...
read moreWhat is the Best Time for a Divorce?
When the Kids are Older Generally, kids will handle a divorce better if they can maturely handle it. Younger children typically will not handle the changes or relationship dynamics and the splitting of parents as well as older children. In addition if the children are younger it is more likely that parenting conflicts between the parents will be more prevalent and co-parenting will be more difficult. Younger children are less likely to want to transition during visitation and are more reliant on a steady care taker. As children mature they...
read moreProtecting Your Business in a Divorce
Dividing a Business in a Georgia Divorce Equitable division does not mean an equal division. In the case of divorce in Georgia your business and practice can be considered for equitable division between the spouses. Any type of business that is referred to a “closely held” such as a partnership, LLC, professional practice, and or corporation that’s shares are not publicly traded can be considered a marital asset during a divorce proceeding. Even if the business was initiated prior to the marriage the business can still be viewed as marital...
read moreWhat to Expect During a Contested Divorce
Second Hand Information During your divorce case you are likely to receive a lot of second hand information as to what to expect. You will also probably hear second and even third hand information about the “supposed” legal processes and you may also hear your share of horror stories. Unfortunately for you it is likely that you will be flooded with a lot of information about divorce and the majority of the information you will receive will be for the most part irrelevant or incorrect. You should be very wary of taking friends and family...
read moreDo’s and Don’ts of Divorce
If you ask anyone who has been through a divorce what the process was like, some of them might tell you that it was not an easy process and that it was quite stressful. In some divorce situations, tensions run high, angry arguments are had and sometimes decisions are made in the heat of the moment that can have a lasting impact on you or your case. Since there are sometimes so many details that have to be sorted, it is common for some mistakes to be made. Sometimes there things that are advised that you do or don’t do during a divorce....
read moreChild Custody: Types of Psychological Evaluations
Divorce and Family Law – Child Custody Cases: Psychological Evaluations Highly, contested child custody cases generally mean that the parties and children involved in the case may be subjected to agency review, interviews by child custody evaluators and in some situations psychological testing and interviews with mental health care professionals. Most of the time a psychological evaluation is implemented in contested cases in which the custody of the children is in question and or in instances in which a parents mental status, illness,...
read moreWhat is the Bankruptcy Means Test?
What is the Bankruptcy Means Test? The insolvency “means test” figures out if your salary is low enough for you to declare Chapter 7 bankruptcy. It is a direction meant to stay filers with higher wages from documenting for Chapter 7 liquidation. High wage filers who do not pass the means test take a look at might utilize Chapter 13 bankruptcy to reimburse a fraction of their obligations, but might not utilize Chapter 7 liquidation to wipe out their obligations altogether. Then again, the filer does not have to be impoverished to...
read moreSocial Media and Copyright Infringement
Social media has become a tool for networking and communication between individuals ranging from celebrity status to average individuals seeking individualism and self-expression. Today with a click of a button anyone anywhere can share their latest creations, lyrics, images, writings, music, etc. with the world. Although this opportunity allows the image to increase in popularity and allows for many other individuals to admire the work it also allows for the works to become misappropriated by other individuals or corporations. While there...
read moreDivorce and Family Law: Your Privacy and Security
When we are going through a divorce, suffer a loss, a break up, a painful change in our lives, we need to remember to take all the time we need to heal emotionally. Moving forward after a divorce and getting back on track with our lives doesn’t take a day. It takes a lot of small steps to allow us to break free from our broken state and move on- unknown. Moving forward in child custody, visitation, or divorce means that you try to rebuild your new state on a stable and secure foundation. In a divorce or family law case this means amplifying...
read moreGeorgia Child Custody: What is Supervised Visitation?
In a divorce or family law case, if there is a history of abuse in the family, especially toward the child, Georgia courts will most likely grant supervised visitation. The courts usually seek to promote a relationship between the child and both parents, obviously without jeopardizing the child’s well being in any way. Visitation rights in Georgia are awarded when a parent has no custody over the child. The court will set the guidelines for visitation depending on the circumstances and will ensure that they do not infringe in any way on the...
read moreHow to Avoid an Entertainment Scam
Avoiding entertainment scams is not always easy and it may take time and effort to discover whether or not an entertainment opportunity is a scam. Efforts to avoid entertainment scams while looking for opportunities can amount to a majority of the work when attempting to be discovered for stardom within the entertainment industry. It is estimated that one out of every ten entertainment organizations are legitimate while the factitious racketeering organizations appear a dime a dozen. Even companies that involve a large amount of employees can...
read moreHow to Help Your Attorney in Your Divorce or Family Law Case
Include All Background History: Your lawyer will need to know all background history in a case in order to adequately represent you in your legal proceeding. Background may include any past court documents, cases, judgments, police reports, DCFS reports, reports of abuse, past relationship background information, income, education, etc. If it is a personal detail that is pertaining to the case then your attorney will need to be informed about it and you can ask your attorney if they need such information. If there are any “skeletons in the...
read moreSports & Athlete Professionals and Divorce
Divorce for a professional sports athlete or coach can lead to complex situations that may make the legal process high profile and may make obtaining the divorce a long and convoluted process. The responsibilities associated with being a pro athlete are well known to be strenuous on a relationship and often times can lead to the dissolution of the marriage. “According to Mark Kreider of ESPN.com divorce rates are estimated to occur and resonate between 60 and 80 percent of all professional athlete marriages.” Common reasons for divorce...
read moreEntertainment Professionals and Divorce
If you are currently married to an author, musician, actor, or artist and are seeking divorce than there are serious obligations to consider in terms of marital assets. In addition to typical aspects of divorce; such as, alimony, child support, child custody/visitation, and equitable divisions of property a divorce concerning an entertainer divorcee may also be subjected to disputes over divisions of copyrights, trademarks, or royalties. In entertainment divorce the divisions of labeled properties generally become the most disputed factors...
read moreWhat is a Domestic Relations Financial Affidavit (DRFA)?
A Domestic Relations Financial Affidavit or “DRFA” is a form mandated by the Georgia Superior Court system (Rule 24.2) that aids judges in determining the correct amount of child support to be paid based on the income of both parties. A DRFA can also be used to help determine how much alimony, if any is to be paid. This document may also be used for determining additional allowances for a child’s healthcare expenses or spousal support / alimony. The DRFA form is recognized as a sworn signed and notarized statement, drafted in the form of an...
read moreTips For Settling a Contested Divorce Case
Contested divorce litigation and trial always ends in deeply rooted emotions and bitter feelings by both parties. So in instances when a contested divorce is able to be settled before physically going to court the resulted settlement is more beneficial to all parties involved as bits and pieces of the settlement enable them to obtain specifically what they want from the divorce. However, reaching a settlement for a contested divorce is seldom easy, because let’s face it, if it were easy it would most likely result in an uncontested divorce....
read moreDivorce and Death – Frequently Asked Questions (FAQs)
It can happen that your spouse passes before the final divorce decree has been issued, or while you are separated. Here are some answers to commonly asked questions regarding scenarios such as these: What happens to my spouse’s estate if he dies without a will while we are legally separated? If your spouse dies intestate, the estate will be divided according to Georgia’s intestacy laws. Since you were legally married, you would most likely have access to the estate, but you should consult an attorney. If my name is still on the house after...
read moreWhat is Alternative Dispute Resolution (ADR) in a Divorce Case?
Short of litigation, there are ways in which two parties can come to an agreement by using methods of alternative dispute resolution (ADR). ADR can oftentimes be cheaper and less stressful on families in an already stressful time. In fact, some courts now require an attempt at mediation before they can proceed with litigation. Alternative Dispute Resolution is usually classified into four subcategories: negotiation, mediation, collaborative law, and arbitration. While each of these four methods has their own benefits and features, there are...
read moreDivorce and the Bankruptcy Automatic Stay
The automatic stay is a unique and powerful feature of bankruptcy cases and is a major benefit for individuals and businesses filing bankruptcy. It is a legal rule that states that as soon as a bankruptcy case is filed, creditors cannot sue, garnish wages, or make any other collection attempts. It is meant to give the debtor time to reorganize debt and to craft a plan for repayment and comes at a time that is often the pinnacle of a wave of demands that he or she cannot meet. While this legal protection can be very meaningful and important...
read moreWhen Divorce and Bankruptcy Collide
The Bankruptcy Code provides an exception from the automatic stay in the context of a divorce proceeding, which allows an individual to commence or continue a divorce suit. Generally, there are three things that get sorted out during a divorce proceeding: property division, child custody, and spousal and child support. The automatic stay bankruptcy provides will stop any property division but will not stop the determination of custody or payment of support. Child and spousal support are non-dischargeable debts, meaning that filing for...
read moreChild Custody: What is Supervised Visitation?
If there is a history of abuse in the family, especially toward the child, Georgia courts will most likely grant supervised visitation. The courts usually seek to promote a relationship between the child and both parents, obviously without jeopardizing the child’s wellbeing in any way. Visitation rights in Georgia are awarded when a parent has no custody over the child. The court will set the guidelines for visitation depending on the circumstances and will ensure that they do not infringe in any way on the custodial parent’s rights and...
read moreTypical Bankruptcy Client Profile May Surprise You
A five year study of the 2005 Bankruptcy Reform Act by The Institute for Financial Literacy describes who files for bankruptcy and why – and the results may be surprising to you. Women file more than men (52 to 48 percent), but the gap is narrowing The older you are the more likely you are to file. Fifty-six percent of filers were between the ages of 35 to 54. More people over 54 file than people younger than 35. Caucasians make up 72 percent of filers. (Eleven percent are African American, 9 percent are Hispanic) Over 57 percent of filers...
read moreWhat is Legal Custody?
In the context of a divorce or family law case involving minor children, legal custody is the right for the parents to make major decisions regarding their child(ren). With joint legal custody, both parents will have equal rights and responsibilities to make major decisions concerning their child(ren). The four (4) major legal custody areas: Medical Educational Extracurricular Religious Decisions The parents can split these final decision-making rights. For example, the Father may have the tie breaker for...
read moreDomestic Violence and Temporary Restraining Order FAQs
What is a restraining order? A restraining order is intended to protect victims of harassment and domestic violence from further abuse. There are two types of restraining orders: Family Violence Protection Orders provide protection when a family member is harming or harassing you. Stalking Protective Orders are issued when someone unrelated to you is harassing you. What is domestic violence and how does Georgia law define it? Domestic violence is a pattern of behavior demonstrated in an attempt to gain power and control over another person....
read moreAbout Coleman Legal Group, LLC
Coleman Legal Group LLC is a Georgia based law firm formed by Danny Coleman, MBA, Attorney in 2003. Coleman Legal Group, LLC has two offices, one in Alpharetta and the other in downtown Atlanta – serving the entire metro-Atlanta area. Coleman Legal Group, LLC’s Georgia attorneys take cases in the complementary areas of Divorce, Family Law, Wills, Trusts, Estates, Probate, Bankruptcy, Immigration and Business Law. In detail, Coleman Legal Group, LLC’s attorneys take cases in the area of: • Divorce and Family Law: Georgia...
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Danny Coleman, MBA, Attorney
Susan Martin, PE, MBA, Attorney
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