High Asset Complex Divorce & Family Law News in Atlanta

Stern & Edlin Lawyer Mentioned in The Family Law Review

2009-12-31T10:01:00.000-08:00

Stern & Edlin Lawyer, Shiel Edlin was featured in The Family Law Review publication of The Family Law Section of the State Bar of Georgia. This 2009 special edition included many articles about family law and child custody as well as details about the Amendment to Uniform Superior Court Rule 24.2.

For more information about Stern and Edlin, visit their website describing their family law and divorce expertise by clicking here.

Stern & Edlin Lawyer Quoted In The Press

2009-12-25T05:45:00.000-08:00

Stern & Edlin Lawyer, Shiel Edlin was mentioned in this article published in The Daily Report, by Andy Peters.

For more information about Stern and Edlin, visit their website describing their family law and divorce expertise by clicking here.

Tiger Woods and Renegotiating Prenuptial Agreements

2009-12-04T10:35:00.000-08:00

Question: I heard that Tiger Woods and Elin Nordegren Woods are renegotiating their prenuptial agreement. Can they do that?

Yes. A married couple can enter into what’s called a “postnuptial agreement”, which is like a prenuptial agreement, but is signed during the marriage rather than before the marriage. When these agreements are entered into because they are prompted by a problem in the marriage, such as infidelity, they are sometimes referred to as “reconciliation agreements.”

In Georgia, whether it is a prenuptial, postnuptial or reconciliation agreement, the ultimate decision of whether the document is enforceable is at the discretion of the court employing the following criteria: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable? Scherer v. Scherer, 249 Ga. 635, 641 (1982).

For more information on the enforceability of these agreements, click here and see my blog entry on this topic.

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Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.

Can I expect to recover attorney fees from my spouse (or former spouse)?

2009-12-01T18:24:00.000-08:00

Question: Can I expect to recover attorney fees from my spouse (or former spouse)?

Maybe. The judge in a divorce case will decide whether attorney fees are awarded and the amount of attorney fees, if any. A judge can award attorney fees any time during a divorce case. Some judges award attorney fees early on in a case to help a party hire an attorney. Some judges award attorney fees at the end of a case to reimburse a party for the fees they have already paid or currently owe their attorney. Some judges award some fees both at the beginning and end of a divorce. The judge must consider the financial circumstances of both parties and may award attorney fees a party that does not have the same means as their spouse to hire a lawyer to represent them in their divorce. O.C.G.A. § 19-6-2. The purpose of an award of these attorney fees is "to ensure effective representation of both spouses so that all issues can be fully and fairly resolved." Johnson v. Johnson, 260 Ga. 443, 444 (1990).

A judge may order reasonable attorney in a child custody action. O.C.G.A. § 19-9-3 (g). In child support modification cases, a judge may award attorney fees to the party that prevails in the modification case. A judge must award fees, however, a custodial parent that prevails in an upward modification of child support case based upon the noncustodial parent's failure to exercise court-ordered visitation. O.C.G.A. § 19-6-15 (k)(5).

A judge may also order attorney fees in an action for the attachment of contempt. O.C.G.A. § 19-6-2 Such actions are filed when one party does not comply with a court order or settlement agreement regarding child support, alimony, property division, custody or visitation.

Finally, Georgia law authorizes an award of "reasonable and necessary" attorney fees upon a finding that an action or any part thereof "lacked substantial justification, … was interposed for delay or harassment, or … an attorney or party unnecessarily expanded the proceeding by other improper conduct…." O.C.G.A. § 9-15-14 (b)

Because every case is different, it is best to consult with an experienced divorce attorney to determine the likelihood of being awarded attorney fees.

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Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.

Prenuptial Agreements Part Two: How enforceable are prenuptial agreements in Georgia?

2009-08-23T22:36:00.000-07:00

Question: How enforceable are prenuptial agreements in Georgia?

Answer: The trend has been that prenuptial agreements are becoming more and more enforceable in Georgia. That said, the best way to improve the likelihood that a prenuptial agreement will be enforceable in Georgia is understanding how Georgia courts view prenuptial agreements before entering into one.

In Georgia, the enforceability of prenuptial agreements has been a matter of public policy since 1982. Scherer v. Scherer, 249 Ga. 635, 641 (1982). At that time, the Georgia Supreme Court established this three-step test for determining the enforceability to prenuptial agreement:

1. Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts?

2. Is the agreement unconscionable?

3. Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?

Scherer, 249 Ga. at 641.

The first step tells us that it is important to disclose income and assets to your future spouse in the agreement and make sure your representations are complete and honest. Although it is important not to exert undue pressure about signing a prenuptial agreement, simply stating that you will not marry if the document is not signed, in and of itself, is not enough duress to make the document unenforceable. Mallen v. Mallen, 280 Ga. 43 (2005).

With regard to the second step, you may ask how Georgia courts define the term “unconscionable.” Under Georgia law, an unconscionable contract is one “abhorrent to good morals and conscience where one of the parties takes a fraudulent advantage of another.” William J. Cooney, P.C. v. Rowland, 240 Ga. App. 703, 704 (1999). Prenuptial agreements are often between two parties of very different financial status. Essentially, in the second step, courts are examining whether the document, when it was written, creates an extremely unfair result. This does not necessarily mean that the parties must leave the marriage with a more equivalent financial status than when they first married. If the agreement perpetuates an already existing difference in financial status that, in and of itself, will not make an agreement unconscionable. Mallen v. Mallen, 280 Ga. At 47.

The third step focuses on the circumstances at the time the agreement is being enforced and looks at whether those circumstances were reasonably foreseeable. Curry v. Curry, 260 Ga. 302 304 (1990). The best way to prepare for this step is to include in the document a statement about certain circumstances that are foreseeable, such as future children and job loss and other financial difficulties.

Although the trend in Georgia is toward enforcing prenuptial agreements, there’s no real substitute for having an attorney that specializes in domestic matters guide you in creating an enforceable document.

As shown above, a trial court can split custody of minor children if it finds that same is in the best interests of the children.

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Written by Stern & Edlin Lawyer, Carla M. Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.

Jon and Kate's Divorce: Considerations of Splitting Custody of the Eight Children

2009-08-18T10:18:00.000-07:00

One of the many issues Jon and Kate's pending divorce action presents is custody and visitation of the eight (8) children. Will Kate obtain custody of all eight (8) children, or will Jon obtain custody of some of the children and Kate obtain custody of the remaining children? Although the divorce action is pending in Pennsylvania, what does Georgia law provide on splitting custody of children in a divorce action?

Georgia law is well established that a custody determination in a divorce action is based on the best interests of the children. Mock vs. Mock, 258 Ga. 407, 369 S.E.2d 255 (1988). The trial judge must exercise sound legal discretion, examine which parent promotes the best interest of the child, and the trial judge’s decision will not be interfered with by the appellate court unless it appears that the trial judge abused his or her discretion. Lynn vs. Lynn, 202 Ga. 776, 44 S.E.2d 769 (1947). There is case law in Georgia supporting a trial judge’s awards of split custody. Anderson vs. Anderson, 278 Ga. 713, 606 S.E.2d 251 (2004), Morris vs. Morris, 238 Ga. 291, 232 S.E.2d 920 (1977).

In the Anderson case, the trial court ordered and the Georgia Supreme Court affirmed the judgment of the mother being awarded custody of the son, whom the mother brought into the marriage and her husband adopted, and the father being awarded custody of the daughter. Anderson at 713. In the Morris case, the trial court gave custody of one of the two children of the marriage to each of the parties. The Georgia Supreme Court affirmed the trial court by finding that the trial court did not abuse its discretion. Morris at 291.

As shown above, a trial court can split custody of minor children if it finds that same is in the best interests of the children.

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Written by Stern & Edlin Lawyer, Gary Graham.
Click here to learn more about the Stern & Edlin Family Law firm.

Prenuptial Agreements Part One

2009-08-02T13:34:00.000-07:00

Question: I live in Georgia and am engaged to be married.
Do I need a prenuptial agreement?

Answer: That depends. If you think you may need a prenuptial agreement ask yourself what you are seeking to protect.

If you are seeking to protect future income and assets you earn by working during and/or after the marriage then you will need a prenuptial agreement. Otherwise, any income and assets you accrue from work is considered marital property and is divided in the event of divorce. Moore v. Moore, 249 Ga. 27 (1982). Also, you could be ordered to pay some of your future income as alimony depending on the circumstances. O.C.G.A. §§ 19-6-4 and 19-6-5.

Some individuals are only seeking to protect assets they had at the time of the marriage or assets that they will receive by gift or inheritance during the marriage (collectively “separate property”). Although they can protect those assets in a prenuptial agreement, those assets can also be protected under current Georgia law without a prenuptial agreement. Payson v. Payson, 274 Ga. 231, 232 (2001).

If you are seeking to obtain custody of children born during the marriage or determine an amount of child support, these are things that generally cannot be determined in advance of marriage. Custody of children is based on the best interests of the children at the time of the divorce Bodne v. Bodne, 277 Ga. 445 (2003) and child support is based on financial circumstances at the time of the divorce. O.C.G.A. § 19-6-15.

To know whether a prenuptial agreement is right for you or how to best protect yourself without a prenuptial agreement, you should consult an experienced family law attorney prior to marriage.

Up next: Prenuptial Agreements Part Two: How enforceable are prenuptial agreements in Georgia?

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Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.

I travel a lot for business. How will this impact a court’s custody decision?

2009-06-28T14:02:00.000-07:00

Georgia courts base custody decisions on the best interests of the child. Therefore, any factor that affects the child’s best interest, including a parent’s travel schedule, will play a role in that decision. Such factors can include the child’s age and the relationship the child has with each parent. The impact of the travel will vary depending on the child’s best interests and the amount and predictability of the travel. It is highly unlikely that a parent that travels more than one-half of the time would have primary custody.

If the parent travels about one-half of the time, the court would look to other best-interests factors to determine whether a joint custody schedule would be appropriate. If a parent travels a few days per month, he or she may still be granted primary custody depending on other best-interests factors. If a parent’s travel schedule is unpredictable, the parent must be creative in proposing a schedule to the court that allows for some flexibility in the custodial schedule, as a rigid schedule could cause that parent to miss out on parenting time. Allowances for make-up parenting time would be helpful in this situation and should be requested.

O.C.G.A. § 19-9-3(a)(2); Bodne v. Bodne, 277 Ga. 445 (2003).

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Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.

Shiel Edlin Quoted by FamilyNewsHome.com

2009-06-23T13:09:00.000-07:00

Shiel Edlin of Stern & Edlin Family Law, is quoted in an article about a legal case that "Could Set Precedent". To read the article, click here.

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Click here to learn more about the Stern & Edlin Family Law firm.

Does my child get to decide where he lives once he turns 14?

2009-06-15T15:34:00.000-07:00

The short answer is no, not exactly.

Under the old law, if a 14 year old signed what’s called an election, the court’s hands were tied unless the other parent could show that the selected parent could not meet the child’s basic needs such as food, shelter and access to school. On January 1, 2008, the law changed. Now, if a 14 year old selects to live with a parent, the court assumes that that is in the child’s best interests unless the other parent can show that it is against the child's best interests. In other words, under the new law, a 14-year-old child’s selection is not as powerful as it once was.

For children that are between the ages of 11 and 13, although the court is required to take their desires into account, ultimately the court has to decide what is in the child’s best interests without favoring the parent that was selected by the child. In addition, unlike with 14 year olds, a parent wanting custody of child between 11 and 13 that has selected to live with them must show the court that something else has changed about the child’s situation other than the child’s desire alone. Otherwise, the selection of an 11 to 13 year old child alone will not get you in the courthouse door.

O.C.G.A. § 19-9-3(a)(6).

Click here to learn more about the Stern & Edlin Family Law firm.

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TopAtlantaDivorceLawyer.com Opens

2009-06-09T22:19:00.000-07:00

Stern & Edlin Family Law proudly announces a brand new website, www.topatlantadivorcelawyer.com.

The new website acts to help and inform perspective clients. Inquirers can now contact the recognized legal team at Stern & Edlin through a website based form as well as a direct land line. In the future, articles and informative details about family law issues concerning divorce, alimony and more will be released.

Click here to learn more about the Stern & Edlin Family Law firm.

Super Lawyers Magazine Recognizes Shiel Edlin

2009-06-01T00:00:00.000-07:00

For the sixth year in a row, Super Lawyers Magazine recognized and profiled Shiel Edlin.

Stern and Edlin partner, Shiel Edlin, was chosen after an intensive selection process. Shiel Edlin's Super Lawyer profile on the magazine's website features a unique record of consistent performance. Shiel Edlin has been recognized by Super Lawyer every year since 2004.

Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers content appears in top city and regional publications including Atlanta magazine.

To see Super Lawyer's profile of Shiel Edlin, click here. For a profile of Shiel Edlin by Ten Leaders, click here.
Click here to learn more about the Stern & Edlin Family Law firm.

Super Lawyers Rising Stars, Carla Schiff and Gary Graham

2009-05-01T00:00:00.000-07:00

Super Lawyers Magazine selected Stern & Edlin Family Law lawyers Carla M. Schiff and Gary P. Graham as Georgia Rising Stars for the third time in a row. Super Lawyers did not do a Rising Stars publication in 2008, but both lawyers were selected for the tremendous honor in 2007 and 2006 as well.

Super Lawyers Magazine's Rising Stars list is an exclusive honor. No more than 2.5 percent of lawyers are named to the Rising Stars list.

Click here to learn more about the Stern & Edlin Family Law firm.

AJC Quotes Attorney Shiel Edlin

2008-06-13T11:14:00.000-07:00

A recent article by The Atlanta Journal Constitution quoted senior partner of Stern & Edlin, Shiel Edlin.

To read the article, click here.
Click here to learn more about the Stern & Edlin Family Law firm.

Shiel Edlin Moderates Georgia Family Law Institute Panel

2008-05-25T00:00:00.000-07:00

The Georgia Family Law Institute organized a seminar composed of 10 lawyers in order to provide the public and the legal community with "fast-moving Hot Tips From the Experts". Stern and Edlin partner, Shiel Edlin, acted as moderator.

Shiel Stern's leadership of debate and analysis of complex and complicated legal issues is why lawyers come to Stern and Edlin for their own family law needs.

To learn more about the seminar and The Georgia Family Law Institute, click here.
Click here to learn more about the Stern & Edlin Family Law firm.

Fox News talks to Shiel Edlin about Child Support in Georgia

2007-08-25T10:08:00.000-07:00

Senior partner, Shiel Edlin was quoted in a FoxNews.com article about a high asset divorce with unique legal issues.

In the article, Stern & Edlin attorney Shiel Edlin talks about circumstances which are, "without precedent in Georgia" but did not go into further detail with respect to client confidentiality.

To read the article, click here.
Click here to learn more about the Stern & Edlin Family Law firm.

Law.com Quotes Shiel Edlin

2007-04-30T17:35:00.000-07:00

Law.com published an article about a complex with unique cross state custody circumstances. When talking about this "tremendously complex" case, Law.com went to senior partner of Stern & Edlin, Shiel Edlin.

To read the article, click here.
Click here to learn more about the Stern & Edlin Family Law firm.

Shiel Edlin Quoted in Divorce Lawyers' Guide

2006-06-10T00:00:00.000-07:00

Shiel Edlin was quoted in an article titled Stumbling on Happiness by Wendy Jaffe and DivorceLawyersGuide.com.

The article provides expert advice on divorce scenarios and coping with the difficult experience. It delves into how to cope with and understand the sacrifices and consequences that result from divorce. The invaluable advice offers insight into an innovative approach, attempting to balance divorce with happiness.

Read the article by clicking here.
Click here to learn more about the Stern & Edlin Family Law firm.