Shawn Bible Law Main: (706) 375-2145
Ringgold: (706) 935-8864
Shawn Bible - Lawyer in NW Georgia

Things to do before seeing a divorce attorney

 

Before you make an appointment to see an attorney about a divorce there are a few things you should do first.  The below list will help you organize your thoughts and make your first consultation with an attorney more productive and efficient.

  • Think about what you want to ask for and what your goals are. For example, if you have children think ahead of time what you would like to happen as regards custody and visitation.  As regards financial matters think what you would consider a fair division of marital assets to be.  An attorney can give you legal advice and help you reach your goals in a divorce but they cannot tell you what those goals should be without your help and input.
  • Give some thought as to where you hope to be in the future. What are your career goals?  Do you think because of career or other reasons you will have to move in the future?  While no one knows what the future holds it is a good idea to be thinking about these issues before seeing a divorce attorney.  For example, if you think your job will cause you to have to move then that is something that will have to be considered when determining child custody and visitation.
  • Create a list of your assets and debts. Any divorce will involve the division of marital assets so you need to know what those assets are.  Don’t overlook small items such as store credit cards and other small lines of credit.
  • Gather evidence you think might be helpful in your divorce case and do not let that evidence be destroyed or mislaid. For example, if you are considering a divorce based on your spouse’s adultery and you have a text message where he or she admits to adultery make sure that you save that message.  It is best to not only to keep an electronic record of such a message but also have a physical copy of it.  If your spouse has posted something incriminating on Facebook print that post out and do not rely on it being there in the future.
  • Do not text, email or leave voice messages that you do not want seen and heard in court. A divorce can be a stressful time and it is easy to lose your cool and send a text message in a fit of anger.  However, remember such text messages and other recorded conversations can be used in court and may portray you in a bad light to the judge.
  • If you have young children do not discuss the divorce with them. Not only will the court frown upon such conversations it is harmful to your child.  Remember that your spouse is that child’s parent as well.
  • Be prepared financially for your divorce. Take a careful look at your bills and expenses consider and the implications that your divorce will have on your budget.  Most people will need to make significant adjustments in their lifestyle, spending habits and budget after a divorce.

Do I need to go to court for speeding and other minor traffic offenses

 

I often have people call and ask is it worth going to court for speeding ticket or other such minor traffic violation?  Is it worth hiring an attorney to handle such case?  The answer to those questions of course varies from case to case.

When you get a citation for most traffic offenses you will be given the option of paying your citation before court.  However, this does not mean that there will not be legal repercussions nor does it mean that paying the ticket will not have an effect on the drivers license.  In some cases, either because of points or because of the nature of the citation your license may be suspended by your paying the citation before court.

If you’re a commercial drive you should always consult an attorney before paying a citation.  If you are a commercial driver your livelihood depends on your drivers license.  I always recommend that commercial drivers consult an attorney before paying any ticket.

If you are not a commercial driver the answer can be more complicated.  Let’s say for example that you get a minor speeding ticket.  Should you just pay the citation and forget about it or should you consult an attorney?  While I cannot give a definite answer without knowing the details of a case I can give examples of when I would strongly recommend consulting an attorney before paying a citation.

Below is a list of examples of traffic citations you should consult an attorney about.

Any citation that will result in points can lead to the possible suspension of your drivers license. This is especially true if you have had multiple citations in a short period of time.

Any speeding citation for 14 or more over the speed limit.

No proof of insurance.

Driving on a suspended license.

Reckless driving.

Leaving the scene of an accident or failure to report an accident.

Any citation received by a commercial driver.

The above list is not exhaustive but if you receive any of the above citations it is strongly recommended you consult with an attorney.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga and Dade.

Child Support and Health Insurance

At a time when health insurance premiums are on the rise I am often asked how health insurance affects child-support?  Health insurance will always be a factor in determining child support.  The parent who pays child support will get credit for that in making the child support calculation pursuant to the child support guidelines.

The usual way this is calculated is as follows.  You take the total amount of the insurance premium and divide it by the number of persons covered by the insurance policy and then multiply the resulting amount by the number of children covered by the insurance policy.  For example, through a employment -related insurance plan, a parent provides medical insurance covers the parent, one child who is the subject of the child support case and two other children.  The parent pays a total of $170 for the family option that provides coverage for the employee in any number of dependents.  To calculate the amount attributable to the child, divide the four persons covered into $170, which would equal $42.50.  The resulting $42.50 is added to the basic child support obligation as a health insurance cost for one child for whom support is being calculated.  Usually unless otherwise agreed uninsured health expenses are divided equally between the parties.

With that being said, child support calculations can be very tricky.  Many people think that it is as simple as putting in both parties income into a child support calculator.  However, depending on the case and the financial situation of the parties child support calculations can be extremely complicated and the above example is not always how health insurance will be used to determine the child support obligation.

You should always contact an attorney for advice before agreeing to any child support amount.  Also remember child support is for the child and not for you so you want to ensure that if your receiving child support that you get a fair amount for the child.  If you’re paying child support you want to make sure that your paying a reasonable and fair amount pursuant to law.