The Challenges Grandparents Must Face in a Grandparent Visitation Case in Georgia (Potential Unfair Results of the Grandparent Visitation Statute and laws)

Written on Jul, 29, 2014 by Austin Buerlein, Esq. in Grandparent Visitation

Notwithstanding the long recognized importance and benefits of children having active and loving grandparents, the Georgia legislature and Courts have made it extremely difficult for grandparents to secure or compel any rights to their grandchildren. Georgia has enacted O.C.G.A. 19-7-3, the so-called "Grandparent Visitation Statute", which provides the mechanism for ... Continue Reading

"Sullivan v. Sullivan: An Example of How Appreciation in Value of Pre-Marital Stock in a Closely-Held Business May Remain the Spouse's 'Separate Property' in the Event of Divorce (Notwithstanding that Spouse's Employment With the Company During the Marriage)"

Written on Apr, 17, 2014 by Austin Buerlein, Esq.

The recent case of Sullivan v. Sullivan, 2014 WL 1266263 (Ga.), 14 FCDR 687, provides a seminal case in Georgia addressing certain Separate vs. Marital Property rights in a divorce case, involving a party's interest in closely held business. More specifically, it provides an example of a factual scenario where the ... Continue Reading

How to Recoup Costs of Attorney Fees and Process Server Fees against a Spouse or Party Who is 'Dodging Service'

Written on Apr, 17, 2014 by Austin Buerlein, Esq. 

Frequently in any type of Family Law action, the Defendant will take extreme measures to "dodge" service, or, at least, delay effectuating service on him or her. This particularly applies for cases involving contempt (where a defendant may be facing incarceration for not paying child support - and they need the ... Continue Reading

Read or Perish: The Importance of Diligently Reviewing and Understanding any final Settlement Agreements or Parenting Plans, Before Signing

Written on Mar, 11, 2014 by Austin Buerlein, Esq.

The recent holding in Buckner v. Buckner, S13F1561 (3/3/2014) is another example of the importance of carefully reviewing, and understanding, each and every written term in any Settlement or Mediation Agreement, before signing it. In Buckner, the morning of the final hearing for the parties' divorce case, the parties and their ... Continue Reading

Is Wrecking Your Engagement by an Affair, Better Than Wrecking Your Marriage by an Affair?...Maybe Not in Georgia

Written on Mar, 11, 2014 by Austin Buerlein, Esq.

Although Georgia law does not recognize common law marriages, the relatively new case of Kelley v. Cooper, 751 SE2d. 889 (2013) explains potential risks of getting engaged in Georgia, and how a long-time significant other may be able to effectively take a "back-door" approach after a relationship is severed. Specifically, the ... Continue Reading