Atlanta Divorce Lawyer Blog

Prior to moving to Atlanta, a little over 10 years ago, I practiced law in New York City. I was an associate at a boutique litigation firm on Madison Avenue, and had my wife not gotten a wonderful job offer here in the South, I would likely still be spending much of my time on the subways and commuting by train. I am absolutely thrilled that we settled in Atlanta, and have continually tried to get friends and family to add our Southern hospitality to their lives. My office is less than two miles from my home and the lifestyle that Atlanta affords my family continues to amaze me.
That being said, after settling a Divorce case today, I was reminded about the most common question I get from former colleagues up north. "Is practicing law, Divorce or otherwise, different in the South?" Now, obviously, their are procedural differences that impact the practice of law. However, what I see as the biggest, and often most frustrating difference, is the slower pace by which matters progress. This might seem strange, in light of the fact that I believe the average case in New York takes much longer to wend its way through the system. No....what I am getting at is the speed with which you actually find out what the other side is looking for and and figuring out if you had any room to discuss settlement, or were issues to be submitted to the Court for a ruling. The case I settled today is a great example. Three days ago I received an counteroffer from the attorney on the other side. We had presented our initial settlement proposal nearly six months ago. The original counter-proposal I received from opposing counsel would have put both clients in a potential financial disaster. We completed financial discovery nearly 4 months ago, and despite numerous discussions and requests for comment on our last offer made in late December, 2008, opposing counsel refused to let us know what his client agreed with and what were points of contention. Finally, I asked the Court to place us on a trial calendar. My client was frustrated, but understood that this was the only way to move the matter along. Two days after I contacted the Court, and three months after we sent out last offer, opposing counsel provided us with a counteroffer, one whose terms almost exactly mirrored the terms of the original settlement agreement that we submitted nearly nine months ago. They agreed with our terms on alimony, child support, visitation. My client will pick up an extra credit card and will be responsible for any shortfall in the value of the home, if ti sells for less than it is worth. Unfortunately, the house has lost value since the time of the original settlement proposal. Had they agreed at the onset, it probably would have let the parties cash out of their home with some equity and not cost them over $20,000 in legal fees.
I have seen this progression all to often, since moving to Atlanta. The attorney on the other side was a good lawyer, effectively argued his client's position and was a pleasure to deal with. He just let us move the case along at a snail's pace. This is in no one's interest.

Posted by Eric L. Shapiro | Permalink | Email This Post

Posted In: Child Support , Custody , Divorce , Firm News and Info.

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As an Atlanta based Divorce Attorney at least once a week I am asked by a perspective client … “What is your record? How often do you win cases like mine?” Although I have been asked this question hundreds of times over the years, I still cannot help but wonder what they expect me to say. Invariably, I will advise the client that winning and losing is normally never as clear cut as they would think and that every case is different from the one that went before it and the ones that will follow. Real life Court battles are never as portrayed on TV, a zero-sum game with one party clearly coming out on top. Often you find your victories where you can or work feverishly to minimize the losses. Divorce lawyers often work in a world of gray. Then, a case comes along that forces you to reassess your perspective and re-define “wining” and “losing”.
I handled just such a case this week. It was a divorce matter. One minor child, 5 years old. Family home with a small amount of equity, no real joint debt and both parties are employed. I was hired by the mother, the father is representing himself. A pro se litigant is often a recipe for disaster, but I had high hopes. In a contested divorce matter the parties generally fight about only three things. 1-Custody, 2-Child Support and 3-The division of assets and debts. Three was never a problem here and I never got the sense that 2 would be a sticking point. What was the problem. Both parties wanted primary physical custody and the parties, who had been separated for about four years, had been sharing custody 50/50 for almost the entire time. Even more frustrating (from an advocates point of view) was that both parties were good, attentive and loving parents. They both worked full time, but had enough flexibility in their schedules that they actually helped each other out for drop-offs and pick-ups. As their daughter is to enter kindergarten in the fall, each party was seeking to enroll her in an elementary school near where they live, on opposite sides of DeKalb County in metropolitan Atlanta. Both schools were good and had won many state awards.
I asked the Court for a Temporary Hearing so that we could ask the Judge to decide custody, while we worked the matter out. As I prepared for the hearing, the only facts that argued in my client’s favor was that the school near her home was arguably superior to the one closer to her husband, and because of where the schools and their work sites were located, the logistics of getting their daughter from one home to the other would be slightly easier if my client’s home was the primary residence. That was it. That was all I had. No drug use, no drinking, no violence in the home. No father that traveled for business, spent too much time at work or was otherwise disengaged. No, what we had was an almost dead heat. Evenly matched parents who both truly wanted what was best for their daughter.
I met with my client the day before the hearing. She reiterated her belief that, while her husband was an terrific father, with her daughter entering formal schooling, a more solid home foundation would be a better situation.
Upon my arrival at the hearing, the Judge asked us if we would be willing to sit down with a mediator before proceeding. I agreed, as I have found mediation to be a successful tool and did not relish moving forward with the arguments I had prepared for the hearing.
We sat down with the mediator and I took about five minutes to outline my client’s position. After I finished, the husband looked across the table at me and told us that he had done the research and he agreed that the school near my client would be the best choice for their daughter, he just wanted to spend as much time with her as possible and, if we agreed to shared custody, would be willing to do all the extra driving between his office, his home and school. My client looked at me and said “That would be great.”
That was it, case over. Well, we still had to arrive at a child support figure. That took about ten minutes. And we have tabled discussion of the equity in the home until after their daughter has started school.
The three of us left the Courthouse together and my client and her soon-to-be Ex-husband walked away together. When I said my goodbyes, they were still walking away, talking happily about their daughter’s impending start of kindergarten.
Now, I think again about the question at the beginning of this piece. I did not “win” this one for my client. We did not get the primary physical custody that she steadfastly maintained she wanted, up until the day of the hearing. That being said, as I remember them walking together, seeing them put their child first and realizing that although their marriage may have failed, they will be in each other’s lives for many years to come and that they are committed to working as partners for the betterment of their daughter; I cannot help but think I will put this one in the “win” column.

Posted by Eric L. Shapiro | Permalink | Email This Post | Comments (0)

Posted In: Custody , Divorce

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As of January 1, 2008 all Georgia Family Law cases involving custody disputes are subject to a series of new laws. Were these new laws earthshaking? Time will tell. As with any new legislation, a certain amount of perspective is required to see how their implementation works out.

Here are some of the highlights:

1. Custodial Election by a child. Prior to the new law going into effect, a child who was fourteen (14) years or older could make an election as to which parent he/she wanted to live with. Generally speaking, this election was only defeatable if you could show that the parent that was chosen was, in some way, unfit. Now, under the new law, the child’s election creates a presumption in favor of his/her choice, but the election is subject to a “best interest of the child” evaluation by the Court.

2. Attorneys fee awards now allowed. This should lessen the ability for one parent with access to greater financial resources to utilize a custody battle as a means of financial extortion over the other parent.

3. Parenting plans. Georgia now requires the creation of a detailed parenting plan so as to eliminate much of the uncertainty and allow for predictability in implementation of parenting time for both parents and their child. Both parties need to file their own plans, with the idea that either through mediation or review by the Court that a reasonable, final plan will emerge. By removing the focus on custody and visitation and by getting parents to focus on the details of how they plan to act as a parent, the legislature is acting to encourage their involvement in the lives of their children.

There are some other changes that I will touch upon in coming postings so stay tuned, or call my office to discuss your specific questions and concerns. I don’t charge for phone consultations and would be happy to speak with you.

Posted by Eric L. Shapiro | Permalink | Email This Post | Comments (0)

Posted In: Custody

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