Protect Your Business Ownership in a Divorce

Like most business owners, your business represents your life. It is one of the most important aspects of your life and you will do anything to protect it against attacks and challenges. However, most entrepreneurs do not protect their businesses against the potentiality of divorce. Dissolution of marriage is one of the most dangerous enemies of owning your own business. Many divorces end with businesses being liquidated or the ownership handed to the spouse.

There are two important ways to protect your business during a divorce.

• A prenuptial agreement: It is always best to handle the details and add the proper protections for your business during a divorce long before a divorce is even a consideration. Before your wedding, a prenuptial agreement is a great way to make sure your business is not divided during a divorce.

• A buyout agreement: One of the most powerful tools to protect your business is a pre-emptive buyout agreement that triggers an automatic buyout in the event of a divorce.

There are also options to dissolve, divide, or share business ownership after your divorce. However, such methods do not work for a couple that has divorced and business owners who do not want to lose control or ownership of a successful enterprise.

If you want to keep your business and protect your ownership, the most important thing to do is to plan ahead. Give Dreyer Law a call to discuss drawing up the proper documents and agreements as early in the relationship as possible.

Men have rights in Georgia courts

When a baby is born, there is almost never a debate as to who is the child’s mother. However, it can be more difficult to determine who is the child’s biological father.

When a couple is married, the woman’s husband is presumed to be the baby’s father, but in some cases DNA testing is necessary to determine paternity. Establishing paternity is important because it gives the father rights to see and know their child. Before paternity and legitimation is established, the mother has control over child custody issues.

When married parents decide to divorce, there is often a battle over who should be the children’s primary caregiver. In these situations, fathers may feel like they have fewer rights or that the law favors giving custody to women. While this used to be true, laws in Georgia and around the country have changed in recent years.
Most experts agree that fathers play an important role in the lives of their children. Therefore, laws have shifted from being woman-focused to focusing on the best interest of the child. Under these current laws, fathers are given equal rights to the children and courts understand that it is important for both parents to have a relationship with a child.

Georgia men should understand that it is important for them to fight for their rights when it comes to their children. The family law courts are available to help these people with child custody, child support, and other family law issues.

If you are thinking about divorce and worried about the well-being of your children, contact Dreyer Law for a free consultation. We put the children first and want what is in their best interest.

How much do you know about adoption in Georgia?

Adoption is one of the most rewarding experiences for a couple who have not been able to conceive themselves. At the same time, it could be one of the most challenging things you have ever done. You are probably wondering what is so challenging about adoption. The simple answer is that the adoption process can sometimes prove to be lengthy and significantly complex.

Below are a few questions and answers that Family Law Attorneys are asked frequently.

Is there more than one type of adoption in Georgia?

Georgia legally recognizes six different types of adoptions, including:

  • Stepparent adoption
  • Relative adoption
  • Private agency and public adoptions
  • Third party adoptions
  • Foreign adoptions
  • Adult adoptions

Are there any basic eligibility requirements that I must satisfy in order to adopt?

A person or couple must satisfy the following conditions in order to adopt a child in any capacity here in Georgia:

  • One must be a minimum of 25 years old unless they are married and reside with their spouse.
  • One must adopt with their spouse if married (unless they are a stepparent to the child to be adopted).
  • One must be a minimum of ten years older than a child to be adopted.
  • One must have lived in Georgia for a minimum of six months.
  • One must have a physical and mental capacity, as well as the necessary resources, to care for the child to be adopted.

Please contact Dreyer Law and speak with a skilled legal professional if you have any questions about adoption. Dreyer Law offers free consultations for anyone ready to start the adoption process.

Common myths about divorce and money

Myths are everywhere, not just in divorce and legal matters. An example of a myth is the Great Wall of China being the only human-made structure visible from outer space.

In regards to divorce and money, two of the more commonly believed myths include the myth of not being responsible for your spouse’s credit card debt and the myth of women never paying spousal support. In regards to the spousal credit card myth, if the cards are in both of your names, you are both responsible for the debt, and in regards to women never paying spousal support, courts often order women who make more money than their husbands to pay alimony.

The following myths need to be disregarded when entering into the divorce process.

If your spouse doesn’t know about all of your assets, you won’t have to share them during the divorce. Not only is it unethical to hide assets, but it is against the law. You will be facing harsh court sanctions when hiding assets.

Another popular divorce myth is if your spouse does not pay child support, he or she does not have to be allowed visitation with your children. A parent’s right to visitation is independent to child support payments. If a parent fails to pay mandated child support, there are enforcement steps that the custodial parent can take. Parents being denied visitation can discuss their options with a family law attorney and petition the court to issue a contempt order.

The best approach is to discuss your priorities with a trusted family law attorney. Allow Dreyer Law to protect your family and your interests each step of the legal divorce process.

Protect yourself in the divorce process

Asking for a divorce or being asked for a divorce can be extremely scary for many people. A lot of people have a fear of going to court during divorce and it can cause a lot of people anxiety and stress. Not every divorce case has to go to court. There is always the option of mediation.

Mediation is a simple process that involves both divorcing parties meeting together to resolve any divorce issues, including division of assets, child support, custody, and other related issues. Each spouse will bring his/her own attorney to the sessions to protect their interests. A mediation session is generally required before proceeding to divorce litigation. Mediation offers the opportunity for a better process and a better outcome for everyone.

For most people, mediation is a better process compared with traditional divorce litigation. The mediation process is a more private matter. Strangers are not allowed to sit in on the sessions, and it helps protect the children from the hard reality of seeing their parents in a court setting. Mediation is often a much faster, smoother, and less stressful event. Divorce always has an element of stress, but with mediation these realities are greatly reduced in most cases.

Mediation doesn’t work for every case, however, the process works for most people, and when it does, it offers significant advantages over the traditional courtroom divorce process.

Contact Dreyer Law to schedule a free consultation. Together you and Doug Dreyer can decide if your case is better suited for mediation or a traditional courtroom process.

Habits that keep men from moving on from divorce

Getting over your divorce is never quick and easy. Research shows us that men take breakups and divorce harder than women. Below are some common hang-ups that often prevent men from getting through a divorce.

  • Holding a grudge. Not every divorce is wanted by both spouses. You may feel like your wife didn’t fight hard enough to save your marriage, or she may have cheated on you. Whatever the situation may be, there is a good chance you are holding onto bitter feelings towards her and that will prevent you from moving on with your life after your divorce. Holding a grudge allows you to be a prisoner to her actions and prohibits you from really starting over after divorce. Dealing with the reasons for your divorce may free you to move on with your life.
  • Isolation. The loneliness after divorce makes you want to shut the blinds and stay in bed for weeks. Instead of falling prey to isolation, take a little time to decompress, but do not wallow in self-pity. It is impossible to overstate the value of human connection. Force yourself to call your closest friends and get out of the house to do some activities. Get involved in your church, volunteer at a local organization supporting a cause you are passionate about, or join the local gym to work off some stress.
  • Refusing to accept responsibility. It is natural to demonize your spouse when going through a divorce. However, divorce should cause some serious introspection and self-reflection. Focusing too much on your spouse’s wrongs can cause you to overlook some personal shortcomings you might need to work on. When a marriage fails, there is typically blame to go around on both sides. You should not be hard on yourself or blame yourself for the divorce, but it is healthy to take an honest look at how you contributed to the marital breakdown.
  • Idealizing the past. If you are not the one who asked for the divorce, you might tend to focus on everything that you lost. When you were married, your relationship was part of your identity. Instead of hopelessly reminiscing about how life used to be, think about the possibilities that lie ahead and what you can do to make yourself a more well-rounded human being.
  • Counseling. Counseling is not for everyone but it can be useful, even if it is just for a brief period. It is also more socially accepted today than in year’s past, so you should not be worried about any perceived negative stigma.

Surviving a divorce is an emotionally draining process for everyone. When you’re suffering from the pain of divorce, it can be easy to overlook some important legal steps you need to take to protect yourself. Contact Dreyer Law today for a free consultation to talk about the divorce process. We can help you get in touch with counselors and get you back to happiness after your divorce.

Starting a divorce

Thinking about a divorce but aren’t sure where to begin? Here are a few things you need to know before taking the first step.

· Make sure you really want a divorce. Yes, this does sound like common sense, but many people are not 100% sure they want a divorce when they make the first call to a lawyer. Please remember that a divorce is final. When you get divorced, you and your spouse are no longer a legal entity and your household funds are roughly cut in half. If you have any doubts about filing for a divorce, contact a local couple’s counselor and try to talk your issues out before committing to a divorce.

· Find a lawyer you like and trust. A lot of clients ask why it is important to like your lawyer, and the main reason is because you will be working very closely together and discussing intimate details of your marriage.

· Set aside money for a divorce. Before you can file for a divorce, you have to pay your lawyer a retainer fee. A retainer fee is a deposit that is paid up front that they will hold in trust that you can and will pay them the remaining amount once the divorce is filed. After you pay your retainer fee, if your spouse is the only one providing for your family, your lawyer can ask the court to require your spouse to contribute to your legal fees but you are still responsible for your fees until a judge grants you funds from your spouse.

· Do your part. Once your case is filed, your lawyer has to adhere to strict deadlines. You need to have all of your paperwork in order and be able to hand over any information your lawyer inquires about in a timely manner. If you ignore or violate the court deadlines, you may be sanctioned.

· Leave the legal advice to your lawyer. Many clients ask for advice from friends, co-workers, or even their current spouse during the divorce process. Asking for advice from outside parties can result in you second guessing your lawyer and ignoring some of their advice.

You need to only listen to the advice from your legal team. They are paid to keep your best interest first.

Contact Dreyer Law today to schedule a consultation. You need to make sure that a divorce is the best solution to your marriage.

Does my family need post divorce counseling?

No matter the circumstances, going through a divorce can be a trying process for everyone involved. It doesn’t matter if one spouse initiated the divorce or both agreed that it was time to bring their marriage to an end, it is very common for recently divorced individuals to experience feelings of stress, sadness, shame, anxiety, and fear of the future. Many children from a divorced home will experience similar emotions as well.

A very common question I am asked is, “Should I consider post divorce counseling?” If you are recently divorced, it may be worthwhile to speak with a counselor or therapist about your new life. Newnan, Georgia and its surrounding areas have many skilled professionals who offer therapy for coping with divorce, including divorce therapy for children, and scheduling a consultation can help you gain a clearer understanding of you and your children’s emotional health.

Post divorce counseling can offer numerous benefits, including much-needed support for the following.

  • Understanding and coping with feelings of anxiety and depression
  • Finding new ways to connect with your children
  • Developing an overall plan for adjusting to life after divorce
  • Overcoming feelings of shame and insecurity
  • Recognizing self-destructive behaviors and avoiding feeling stuck as a result of self-imposed limitations

Getting divorced is a process, so is adjusting to life as a single individual or parent. Remember that you do not have to go through this alone; seeking a trained therapist provides benefits far beyond what you will expect.

Helping your children adjust to their new life needs to be a priority. Whether your divorce is contested or uncontested, your children spend months watching and waiting as their parents’ loving relationship comes to an end. This can take a significant toll, as children are often less-equipped than their parents to deal with the emotional strain of a divorce.

Children of all ages will benefit greatly from talking about their feelings and learning about coping strategies in a safe and non-judgmental environment.

Contact Dreyer Law for a free consultation to see if divorce is the right answer for your family. We can also provide some contacts for a divorce counselor in the Newnan, Georgia area.

Preparing for a domestic violence hearing?

In today’s world, domestic violence is very common. The National Coalition Against Domestic Violence compiled data from various sources, including the U.S Department of Justice and the Centers of Disease Control and Prevention, which has reported the following:

  • 30% to 60% of perpetrators of domestic partner violence also abuse children in the household.
  • Almost 1/3 of female homicide victims are killed by a domestic partner.
  • One in four women will experience domestic violence in her lifetime.
  • Boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults.
  • An estimated 1.3 million women are victims of physical assault by a domestic partner each year.

If you, or someone you know, is in a violent relationship, please call the police and ask for help. No one should have to suffer from abuse of any form. When you call the police for help, you will be able to file a police report that will help you later in court.

As a result of the brutal impact that abuse renders on families and children, courts take charges of domestic violence very seriously. During a divorce procedure, if there is history of abuse in the household, the judge’s rulings on custody and visitation is highly impacted. All judges have to decide what option is the best for all of the children involved.

I am frequently asked what happens during a domestic violence hearing. The first thing to take place is the judge looking over all of the evidence; this is where your police reports come in handy. If there is sufficient evidence that you are reasonably concerned that violence will continue, the judge will most likely issue a protective order in favor of the victim. A protective order protects the victim from the abuser and the abuser is to have no contact with the victim of any kind. If the couple has children, the judge usually awards the victim full custody of the children. Certain safeguards then can be implemented to adequately protect the child/children during visitation. These safeguards can include appointing a supervisor.

Dreyer Law offers legal services for family law, criminal law, and personal injury. If you, or someone you know, is going through a domestic violence situation, please call our office for help. We offer free consultation and are here to help you in your time of need.

What is a Prenuptial Agreement?

Before you walk down the aisle and say “I do”, you need to know what a prenuptial agreement is and why you may need one. A prenuptial agreement is an agreement between two people who plan to marry concerning the ownership of their respective assets in the event of a divorce. The top five advantages of a prenuptial agreement in Georgia are certainty, debt protection, minimizes the divorce acrimony, protects the children, and cost of a prenuptial agreement.

Having a prenuptial agreement allows you to go into the marriage with a peace of mind that your spouse cannot decide to leave you suddenly and take all of your assets. When you both agree and sign the prenup, you are outlining the financial obligations and understandings of each spouse.

A prenup is the best way to protect assets that you have before the marriage. You can also set out the ownership of any increase in a pre-existing asset and set out the interest one party may have in an asset purchased after the marriage if pre-existing funds are used for the purchase.

A prenup is a great asset to have if your spouse will be bringing in a considerable amount of debt. This would be debt from previous credit cards, student loans, or old medical bills. With the prenup in place, you will not be responsible for any debt that was created before your marriage took place.

Having a prenup will relieve a considerable amount of tension if a divorce is ever an option. The divorce process would involve less conflict, stress, and resentment. In the case of a divorce, each spouse will know what his/her responsibilities are and make the divorce process go smoothly.

The prenuptial agreement is not just for the benefit of yourself and your spouse. This agreement will protect your children and any amount of money or assets they will be receiving. A prenup also protects any investments of children that were born before you were married.

To protect you and your spouse, both parties should retain a Georgia family law attorney who is skilled and experienced in drafting marital agreements. On average, a prenup costs about half of the average engagement ring price. A prenup will clarify all private agreements and help avoid extended court proceeding and additional legal fees.

Dreyer Law recommends creating a prenuptial agreement in advance of your wedding day. It will give you and your soon- to- be spouse the time to plan what needs to be in the prenup without taking away from your big day. Give Dreyer Law a call to set up a free consultation to learn more about prenuptial agreements or any of your family law needs.