Getting the best Atlanta divorce lawyer for your case is extremely important,but finding the right divorce attorney is critical. At McKinley Law Group we work hard to deliver superior representation tailored to your specific case. We aren’t a “get em in and out” type of law firm. We offer experience with compassion, so we care about our clients needs and about presenting the most effective case possible.

If you live in or around Atlanta and are facing a Georgia Divorce, please browse our site and see the multitude of services we offer including:

• Divorce: Contested and Uncontested
• Annulments
• Pre-nuptial and Post-nuptial Agreements
• Alimony
• Child Support & Modifications
• Custody and Support Disputes
• Visitation Disputes
• Paternity / Legitimation
• Guardianships
• Contempt
• Adoptions
• Step-parent Adoptions

Divorce is sometimes portrayed as taking the easy way out of a difficult relationship instead of working to resolve its problems. Nothing could be further from the truth. The decision to file for divorce requires courage, emotional strength and self-awareness. As many people who have gone through divorce can tell you, it is often easier to persist in a bad relationship than face the tough decisions that come with divorce. Our lawyers will provide you the necessary guidance to successfully navigate through these rough and emotionally taxing times.

Divorce laws vary by state, but all contested and uncontested divorces follow the same respective legal process. When a couple agrees on such matters as custody and support and division of marital assets, their attorneys finalize the agreement and court intervention is not required. But when a couple contests each other’s wishes, their attorneys take the case to trial and a judge makes the final decision.

When a marriage suffers irreparable damage or a couple experiences irreconcilable differences, divorce can provide a way to stop the pain and move forward toward a new beginning. If you’ve made your decision to separate, seeking the advice of an experienced divorce attorney can help you navigate the technical issues of divorce with greater confidence.

Ten Frequently Asked Questions Concerning Divorce

1. What is divorce?

Divorce is defined as the legal termination of a marriage. Upon requesting a divorce, spouses must state their reason for wanting to dissolve the marriage. The reasons are presented to the Court and thus serve as the grounds for divorce.

4. What is an annulment?

An annulment is the voiding of a marriage contract, meaning that the contract is treated as if it never occurred. Annulments are usually only granted when the marriage contract suffers a defect of some kind, such as lack of parental consent for the marriage of an underage party, an individual’s incapacity to understand the marriage contract or “fraud in the inducement” of a marriage contract. An annulment can only be granted to the innocent party, meaning that there are no “no fault” annulments.

5. What is a legal separation?

Sometimes referred to as “separate maintenance”, legal separation occurs when individuals remain married but the Court exacts divorce-like regulations on the relationship. For example, the Court may set rights and liabilities regarding property, debts, custody and support, child support, child visitation, and alimony. Legal separation cannot be commuted to divorce. If a divorce is eventually desired, divorce proceedings must be filed separately.

6. Do you have to get a divorce in court?

Because marriage is a legal bond, it must be dissolved by a court of law. When a spouse files for divorce the Court will issue a summons against the other spouse. The person seeking the divorce then appears in court to give evidence. If a divorce is uncontested, it can be quick and uncomplicated; however, when custody and support and property disputes are involved, divorce can become complicated and take significantly more time.

7. How long does a divorce normally take?

Because divorce circumstances are different for everyone, the time that passes between filing for divorce and a receiving divorce decree varies. Even when souses reach a quick resolution concerning custody and support and division of property, each state has its own minimum “waiting period” for a divorce to go from filing to a decree of divorce. A speedy divorce may take as few as 30 days, while a lengthy divorce can may take as long as two years.

8. What questions should I ask divorce attorneys before hiring one?

Before you hire a divorce attorney, you should ask the following questions to help decide which attorney is best for you and your case:

1. How much experience do you have with cases like mine?

2. What kinds of resolutions can I expect from my case?

3. How long will it be before my case is resolved?

4. What is your fee and how will I be billed?

5. How much can I expect to spend on my divorce?

6. How often will I be in contact with you and your staff?

7. Will anyone else be working on my case?

8. Will you try to settle my case or will you take it to trial?

9. Will arbitration or mediation work best in my case?

10. Will any unexpected costs be involved?

11. How do divorce attorney fee structures work?

Most divorce attorneys charge by the hour. However, some attorneys request an initial deposit to cover expenses or to draw fees from. The hourly rate usually depends on the attorneys experience, where the practice is located and its operating expenses. An experienced attorney should be able to estimate how much your case will cost. If you are charged a flat fee, always be sure to ask what the fee covers.

10. Can my spouse and I use the same divorce attorney?

Due to spousal conflict of interest, it is legally unethical for one attorney to represent both parties in a divorce. An attorney can represent one spouse while the other remains unrepresented, but this usually gives the spouse who is being represented an unfair advantage.

If you are facing a custody and support dispute, you know how painful the prospect of being distanced from your children can be, but it is important to remember that, because children hate to disappoint their parents, a custody dispute can be just as painful for children. This is why the Court assumes responsibility for making the final decision in custody cases.

In deciding custody arrangements, most courts consider a child’s custody preference in relation to his or her age. The older a child is, the more credence is given to his or her desire to live with a particular parent. However, most child experts advise keeping siblings together for sake of healthy sibling relationships.

No matter what side of a custody dispute you are on, it is important to remember that your family’s unique values and needs should be taken into consideration when negotiating custody arrangements. Challenging yourself to view custody issues from the perspective of a concerned parent can help restore sanity to the negotiation.

• Automobile Accidents
• Nursing Home Negligence
• Slip and Fall Injury
• Defective Product Injury
• Exposure to Toxic Material
• Medical Malpractice
• Wrongful Death
• Drug Injury
• Job Injury caused by another

McKinley Law Group – Certified Personal Injury Lawyers in Atlanta

When you or your property have suffered injury, our Atlanta Personal Injury lawyers will fight hard for all the compensation you are entitled under the law.  Furthermore, when the injury is not your fault, you are legally entitled to receive compensation for your medical bills and your pain and suffering.

When another party injures a person, the party is often unwilling to accept responsibility and offer a settlement. Or if they do offer a settlement, the amount is usually in their legal and financial best interest. Furthermore, what might seem like a generous settlement could be a substantially smaller amount as compared to what you would receive with a certified Atlanta personal injury attorney acting on your behalf.

Consulting with a Lawyer

When you consult with a personal injury lawyer, you will provide details about your accident and grant the lawyer access to your medical records that pertain to the accident. A personal injury lawyer will usually treat your case as if it was going to trial for two reasons: to present your case in a way that secures you the best settlement figure and to secure you the best court award if your case goes to trial. If your case remains in dispute and goes to trial, your attorney will be in a strong position if your case has been prepared for trial from the beginning.

Filing a Personal Injury Claim

Personal injury claims must be filed within a certain period of time after the occurrence of an accident. Therefore, it is important to contact an attorney soon after your accident. If an attorney feels that there is insufficient time to handle the necessary pre-filing work and develop your case in a compelling way, they may choose not to accept your case. Contacting an attorney immediately following your accident also allows you to communicate the details of the accident while they are fresh in your mind.

After taking your case, your attorney will file a summons and a complaint with the Court and pay the necessary filing fee. A copy of these papers must be served directly on the individual that you intend to sue. If you are suing a corporation, the copies must be served on the appropriate representative of the corporation.

Discovery

After the defendant is aware that they are being sued, both parties begin the “discovery” process by requesting documents and information from each other, including lists of questions known as interrogatories, medical records, physicians’ reports and court depositions. It is common for a physician acting on behalf of the defendant to examine you during the discovery process. The discovery process can takes months or years, depending on the nature of your case.

Negotiating a Settlement

Near the end of the discovery phase, both parties will examine their individual liability in the occurrence of the injury. If the defendant accepts liability for the injury claim, the parties then begin negotiating a settlement figure. If the case remains unsettled at the conclusion of the discovery phase, it then goes to trial.

Proceeding to Trial

The court will instruct both parties on any issues that they should attend to before the trial begins, such as serving certain documents and choosing between a trial by jury and a trial by judge. When the trial commences, the Court will hear evidence from witnesses and consider written documentation. When the trial concludes, a judgment will be given. If the claimant is successful but the defendant refuses to pay, the claimant can take steps with the Court to enforce the judgment.

• Simple and Complex Wills
• Simple and Complex Trusts
• Simple and Complex Estate & Financial Planning
• Special Needs Trusts and Guardianship
• Family Business Planning- funded and unfunded Buy/ Sell Arrangements
• Charitable Planning and Non-Profit Formations
• Estate Protection through Insurance and Investments

Because most of us expect to live full lives, we often put off estate planning until we reach our senior years.  However, our estate planning lawyers will ensure that upon your passing your earthly possessions will be distributed peacefully, smoothly, and legally to your loved ones. Through the creation of living wills and power of attorney, we can always secure medical and religious care according with your wishes should severe medical emergencies arise. Planning your estate right now will help ensure that your family remains financially stable in the event of your untimely passing. Once your estate plan is in place, you can rest easy knowing that your assets will be distributed according to your wishes.

If you are thinking about the best time to start planning your estate, you should remember one thing. Estate plans, wills and trusts require consultation and planning, not just the signing of a few legal documents. By setting your estate in order right now, you can protect your family’s financial future and prevent inheritance disputes.

Important Things to Remember about Estate Planning, Wills and Trusts

1. Always have a basic estate plan in place.

Even if you have a net worth that can meet your family’s foreseeable needs, enacting an estate plan will ensure that your financial goals for your family continue to be met after you die.

2. An estate plan is more than just a trust or a will.

An estate plan includes a will and may even include a trust, but it also requires the assignment of power of attorney and a living will. When putting together your plan, always be clear on federal and state laws that govern estates.

3. Begin your estate plan by taking inventory of your assets.

Your assets consist of your investments, savings, real estate holdings, insurance policies and vested business interests. After determining your assets and deciding whom you want to inherit them, it’s time to decide whom you want handling your financial and medical affairs if you become incapable of handling them on your own.

4. Where there’s a will, there’s a way

A will states exactly how your assets will be distributed when you die, and it is also the optimal place to name guardians for your children. Dying without a will can be costly to your heirs and complicates the equal division of your assets. Even if you have a trust, a will is still required to account for holdings outside of the trust.

5. You don’t need to have lots of money to have a trust.

Trusts allow you to legally control how your assets are distributed after your death. Trusts also allow you to reduce your estate taxes and distribute assets to your heirs without the cost and delay of probate court. Some trusts also protect your assets from creditors and lawsuits.

6. Discussing your estate with your heirs can prevent disputes.

There is no shortage of wrecked family relationships that result from inheritance disputes. By discussing your intentions with your relatives, you will help prevent conflicts that can sever family ties.

7. The federal estate tax exemption has gradually risen.

The federal estate tax exemption, which currently stands at around $3.5 million, is the amount that you can leave your heirs free of federal tax. But while the federal exemption has gradually risen, the top estate tax rate is lowering. The estate tax is set phase out by 2010. However, unless Congress passes new laws, the tax will return in 2011, at which time you will only be allowed to will your heirs $1 million tax-free.

8. Leaving money to your spouse tax-free may not be the best tactic.

Leaving all your assets to your spouse has two drawbacks: you don’t use your estate tax exemption and you increase your spouse’s taxable estate, which means that your children will probably pay higher estate taxes when your spouse leaves the assets to them.

9. There are easy ways to give tax-free gifts while reducing your estate.

You can gift up to $13,000 a year to an individual tax-free. If you are married and give the gift with your spouse, the tax-free amount rises to $26,000. Another easy way to give tax-free gifts while reducing your estate is by paying someone’s medical or education bills directly to the institution where they were incurred.

10. You can give charitable gifts that keep on giving.

When you donate to a charity, your donation will grow tax-free due to the charity being tax exempt. You can also select charities to receive contributions from your estate after you die.

• Breach of Contract
• Debt Collection
• Collection on Judgments
• Violation of the Fair Debt Collection Practices Act

The term “creditor’s rights” refers to the set of provisions that protect the ability of creditors to collect debt. Varying from one jurisdiction to another, the provisions allow for the following legal actions, among others: putting a lien on a debtor’s property to effect a seizure and forced sale of the property, effecting a garnishment of the debtor’s wages and designating certain purchases made by the debtor as fraudulent conveyances. The rights of a creditor depend largely on why a debt is owed and the written terms of the debt.

Priority of Creditors

In addition to establishing a creditor’s rights against debtors, creditor’s rights establish the rights of creditors against one another. For example, when numerous creditors have a right to levy against the same piece of property, the rules governing creditor’s rights assess which creditor has the strongest right to the debtor’s property.

Creditors are generally divided into two categories: creditors that have “perfected” their interest by establishing a public record of the debt and anything claimed as collateral for it, and creditors that have not. Creditors are also classified based on whether or not they are “in possession” of the collateral and by whether the debt results from a purchase money security interest. Creditors will ask the Court to set aside fraudulent conveyances that keep a debtor’s assets out of their reach.

Legal Practices

Some attorneys who focus in the collection of debts and are often referred to as collection attorneys. Attorneys practicing in the area of creditor’s rights typically perform the following services:
Employment of lawsuits and other legal collection techniques to collect individual consumer debts.

Employment of lawsuits and other legal collection techniques to collect commercial debts.

Representation of creditors’ interests in bankruptcy proceedings.

Foreclosure on real estate if the purchaser defaults on payment.

Recovery of secured goods such as automobiles if the purchaser defaults on payment.