Posts Tagged ‘Gainesville Divorce Attorney’

Tips to Avoiding Facebook Faux Pas’ during a Divorce

Tuesday, August 13th, 2013

Whether contemplating a divorce or currently going through the process, it is important to keep in mind that Facebook messages can become one of the most hotly contested issues in one’s case. The reason being is that sometimes people fail to realize that Facebook messages, despite innocent intentions, can be wrongfully construed or even suggest that a person is acting inappropriately while still married. In fact, I would say that about 30% of the divorce cases I handle are impacted in some form or another by Facebook.

That is why if you believe that a divorce is on the horizon or are already in the midst of one, exercise caution when using social networking websites. Specifically, you never know how your ex, the judge or perhaps a jury will view your behavior and as such, it is important to consider the following tips when using Facebook (and other social networking sites):

  • Avoid posting information about yourself on Facebook until your divorce has been completed. While details may seem innocuous at the time of posting, it could cause you serious legal headaches down the road. For example, if you post information about your endeavors with your new beau while you are still legally married, your current spouse can use this against you in court. As such, put off these types of posts until well after your divorce case is finalized.
  • Don’t alter your Facebook profile page’s relationship status setting until your divorce is over. Publicizing a new relationship prior to the official court mandated end of your existing one can lead to unnecessary legal trouble. Remember that any information that you provide online can and may likely be used against you either in court or during divorce mediation.
  • Be careful with who you choose to be your Facebook “friends”.
  • If you don’t want people to know something, then don’t post it on Facebook. You never know who will talk and spread information about you that you otherwise want kept private. That is why you should never take any risks by sharing personal and otherwise confidential information on Facebook.
  • Avoid connecting with old flames on Facebook. While dealing with the emotional and physical toll of a divorce, it isn’t uncommon for people to seek out the solace and compassion of a former boyfriend or girlfriend. Keep in mind that this could lead to undesirable consequences, and could be deemed as infidelity by the court. As such, wait until your divorce proceeding is finalized before taking this often irresponsible, yet often innocently intended step.
  • Think before hitting the send button. Always ask yourself whether the post you are about to send is insensitive to your current spouse. Whether you care or not about his or her feelings, it is still important to realize that it is easy for them to find out what you are posting. Moreover, their reaction to your posts, whether positive, neutral or negative, could be misconstrued and result in major legal problems.
  • Consider suspending your Facebook account until your divorce is over. Sometimes, when clients of mine are really “into” Facebook, I advise them to suspend their accounts until their divorce case is completed. This way, it prevents them from engaging in risky behavior that could lead to serious and sometimes irreparable legal consequences later on.

Contact the McLeod Law Firm Today!

For more information on the above, or if you are considering a divorce in Georgia, contact the McLeod Law Firm, P.C. of Gainesville Georgia to schedule your initial case evaluation. Unlike a big firm, our team of legal professionals provides each and every client with the personal attention, respect and regular communication they deserve. We also take the time necessary to guide you through the process and help you make informed decisions in your case. We look forward to providing you with superior legal services!

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Preparing For Divorce in Georgia: Where Do I Start?

Thursday, June 16th, 2011

If you’ve made the difficult decision to divorce, a number of decisions will eventually have to be made. Your attorney will help guide you through the process, but some of the steps will be up to you. Broken down and take one at a time, the steps will be more manageable and less overwhelming.

One of the first things you should do is to begin gathering information on your assets and debts. This will include marital debts and property as well as those that are solely yours or your spouses.

Assets include more than just your home and bank accounts. Your attorney may advise you on what items to include in your asset inventory. Basically, anything of value should be included, such as:

• Cash, checking and savings accounts

• Stocks, bonds, CDs and mutual funds

• Retirement accounts and pension plans

• Money owed to you or your spouse

• Real estate

• Vehicles, including cars, motorcycles, boats and motor homes

• Household furniture

• Life insurance policies

• Personal property including jewelry, art and collections

• Businesses owned individually or jointly by you or your spouse

Other assets are often overlooked. Depending on your state of residence, some items beyond the obvious might be considered marital property and thus be subject to division, including frequent flyer miles, valuable season tickets for cultural or sports events, stock options, bonuses and accumulated vacation and sick pay, and intellectual property, copyrights and patents.

Your attorney will need documentation of all assets, including deeds to your home and other property, tax returns, wills and trusts, insurance policies, mortgage statements, retirement account statements, and documents related to any business in which you or your spouse have an interest.

Similarly, record all debts for which you and your spouse are responsible. One goal of negotiating a settlement includes assigning debt. Your final settlement agreement will spell out which partner is responsible for which debts. Although creditors can still hold you responsible for any debts your spouse defaults on, having the liability included in the agreement gives you the right to seek restitution from your spouse.

Division of assets, especially when business interests, stock options and retirement plans are involved, can be extremely complicated, and the laws governing property distribution vary from state to state. Trust the guidance of your attorney the financial consultants that may be part of your team to recommend an equitable course of action.

Georgia divorce attorney David McLeod is available to answer your divorce law questions.  The McLeod Law Firm, P.C. provides quality legal representation for its clients across North Georgia including Hall County: Clermont, Flowery Branch, Gainesville, Lula, Murrayville, and Oakwood; Banks County: Gillsville, Homer, Maysville, and Commerce; Barrow County: Winder; Dawson CountyDawsonville; Forsyth County: Cumming; Gwinnett County:Buford; White County: Cleveland and Helen; Lumpkin County: Dahlonega; Habersham County: Baldwin, Clarkesville, Cornelia and Demorest; Jackson County: Jefferson, Braselton, Hoschton, Pendergrass and Talmo, GA.

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How to Choose a Divorce Attorney in Georgia

Wednesday, June 1st, 2011

Divorce is one of the most stressful events you can experience. Qualified legal counsel can provide a modicum of peace of mind by ensuring that your interests are being protected. Here are some tips to help you find the right divorce attorney for your particular needs.

Evaluate the attorney’s personality. The attorney you choose to handle your divorce will eventually know as much about you as some of your closest friends. Consider whether the person is someone you think you can trust and will be comfortable talking to. Although legal proceedings can sometimes seem intimidating, you should not feel intimidated by your attorney. At the same time, you want a lawyer whose strength and integrity is apparent and will be used to your advantage during negotiations and, if necessary, in court.

Evaluate the attorney’s experience. Every divorce is different, and attorneys sometimes specialize in specific aspects of divorce. Where one may be a good choice if you own numerous assets with your spouse, another may be a better where child custody issues are concerned. Ask about the attorney’s experience with cases similar to yours.

Do not focus too much on costs. Ask up front about the fees you can expect to be charged. Some attorneys will bill their own time at one rate, and time spent by a junior associate at a lower rate. Others may offer set fees for handling specific tasks, called ala carte services. For example, if you and your spouse are in agreement about division of property, you probably wouldn’t need a litigator, but you might want an attorney to review the agreement and prepare the initial paperwork. Know in advance what charges you can expect, and be sure you will be able to meet the costs or make payment arrangements before you enter an agreement.

The McLeod Law Firm, P.C. provides quality legal representation for contested and uncontested divorce cases across North Georgia including Hall County: Clermont, Flowery Branch, Gainesville, Lula, Murrayville, and Oakwood; Banks County: Gillsville, Homer, Maysville, and Commerce; Barrow County: Winder; Dawson CountyDawsonville; Forsyth County: Cumming; Gwinnett County: Buford; White County: Cleveland and Helen; Lumpkin County: Dahlonega; Habersham County: Baldwin, Clarkesville, Cornelia and Demorest; Jackson County: Jefferson, Braselton, Hoschton, Pendergrass and Talmo, GA.

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