Tannen Law Group, LLC
Welcome to the Tannen Law Group
I provide capable, caring and cost effective family law services to the metro-Atlanta, Georgia area. We have lawyers, including divorce attorneys, available in Comming, Norcross, Alpharetta, Johns Creek, and Duluth, GA
About Us
The Tannen Law Group was founded in 2002 and is based in Dunwoody, Georgia.
Certifications and Memberships:
Member of the Family Law Section of the Georgia Bar Association
Member of the Family Law Section of the Atlanta Bar Association
Member of the Sandy Springs Bar Association
Certified Collaborative Divorce Attorney
Certified Guardian Ad Litem
Certified Domestic Violence Counselor
The Tannen Law Group specializes in family law, including:
Adoption
Alimony
Child Custody
Child Support
Contempt and other Enforcement Actions
Divorce
Domestic Violence
Equitable Division of Property
Modifications of Child Custody and/or Support
Name Change
Prenuptial Agreements
Separation Agreements
Termination of Parental Rights
Parental Alienation Proceedings
Grandparent Rights
Visitation
Mediation
The firm routinely represents clients involved in contested and uncontested divorces, collaborative divorces, obtaining or defending against protective orders, custody and child support disputes, contempt and other enforcement actions, and alternative dispute resolution (mediation.)
What Types of Divorce are There?
In my experience, divorce cases fall into one of three main categories, specifically contested, uncontested, and collaborative.
Contested Divorce. When most folks think of divorce, they are really thinking about contested divorce. It is often emotionally charged, slow and expensive and is most frequently used when (i) the parties disagree about the allocation of assets and/or debts, child custody and/or child support, (ii) one of the parties wants to verify the assets and other information held by the other, or (iii) one or both of the parties (or their attorneys) simply will not listen to reason. (In my experience, an unwillingness to listen to reason most often occurs where adultery, drug, alcohol or physical abuse or severe financial mismanagement have occurred.) To help establish their position, the parties will often engage in discovery, which is the legal means by which you are able to find out information and obtain documents from the other party or directly from third parties (e.g. banks and employers.) Many courts will require that you try to mediate the issues in dispute. I have found that these proceedings normally settle before trial, but occasionally a trial will occur. I have also found that the best means to limit the damage (both financially and emotionally) is to try to establish with you reasonable goals from the outset, to convey (at least until rebuffed) to the other side a fair and reasonable position and to be open to alternatives suggested by the other side.
Uncontested Divorce. From a client perspective, an uncontested divorce is the way to go. It is relatively cheap, easy and quick. (Usually you will be divorced within forty five (45) days of filing the paperwork with the Court.) In an uncontested divorce, you and your soon to be ex-spouse agree to the property division, debt division, child custody arrangements, etc. prior to the filing of any paperwork. I identify the issues that have to be addressed and give you both guidelines. You just let me know how you have resolved same and I write up the paperwork accordingly. This type of proceeding is most commonly used where there is little in the way of assets or debts to divide and where custody is not in issue. No discovery is undertaken. Some courts will require both of you or at least the plaintiff appear for a short hearing before granting the divorce, but usually, that is not the case. Like most other attorneys, I charge a flat fee, which fee will vary based upon the issues which have to be addressed.
Collaborative Divorce. Collaborative divorce is the relative newcomer in terms of divorce proceedings, and I think it is really wonderful in the right situation. In a collaborative divorce, both you and your soon to be ex-spouse retain an attorney specially trained in collaborative divorce (which I am.) A team approach is used where you both and your attorneys, along with neutral financial advisors and psychologists, work together to achieve your goals. I have found this procedure works best when both you and your soon to be ex-spouse need assistance in resolving certain issues, but generally know what you want and are capable of putting aside your personal differences. In this type of proceeding, no discovery is undertaken, as you both voluntarily provide needed documents and information. Only after the issues have been resolved do the attorneys prepare and file the necessary documentation.
How is Child Custody Determined?
How is the Initial Determination Made? "The best interests of the child" is the standard applied by the courts in initially determining child custody. If the parents agree to a custody plan, a court will usually accept the arrangements the parents have created. If the parents do not agree, many factors will be considered by a court when applying this standard, including the work and travel requirements of each parent, home environments, the ability of each parent to provide for the child's needs, and each parent's emotional and physical capacities. These cases can be long, tough and expensive; however, I have found that things can be somewhat streamlined by having a custody evaluator and/or a "Guardian ad Litem" (a private investigator acting on behalf of the children) appointed to investigate and report on how in the best interests of the child will be served in terms of custody. The report findings are often, but not always, adopted by a court. Contrary to popular conception, there is no presumption that custody should be awarded to the mother.
Can Custody be Modified? Yes. Child custody can be modified. However, it will only be modified upon a court first finding that a "material change in circumstance" affecting the welfare of the child has occurred and then finding the best interests of the child will be served by a proposed modification. I always explain to my clients that "material change in circumstance" is a high standard and that you cannot simply seek a change in custody anytime you don't like what your ex-spouse is doing in terms of parenting. It is often a bitter pill to swallow, but as I have said any number of times, the courts are already swamped with custody cases and if the standard for changing custody were lower, the courts would be overrun. Any number of factors will be considered in determining whether a material change of circumstance has occurred; however, these factors must have arisen after the date of the initial custody award. The continuing fitness of a parent will always be considered, and improvements, not just declines, in fitness are relevant.
How is Financial Support Determined?
How is Child Support Determined? In Georgia, child support is determined using the Georgia Child Support Worksheet. A link to the worksheet can be found on many court websites. Although the worksheet can be completed without an attorney, I recommend that an attorney be consulted before relying upon the findings because there are variables which may not be adequately addressed otherwise.
How is Alimony Determined? Alimony is really determined on a case by case basis in Georgia. It is determined by considering any numbers of factors, including the length of the marriage, the job skills, age and education of the person to receive alimony, the likelihood of that person being able to obtain employment, the ages of the children, the standard of living of the family prior to the divorce, etc. If the financial situation of the parties warrants it, I will usually suggest that a certified divorce financial planner be retained and make a proposed finding as to what is fair under the circumstances. However, in any event, it is my job to make certain that all relevant factors are considered.
Can I Get Child Support and Alimony While My Divorce is Pending? Yes. Upon request of a party, a court will hold a hearing to determine alimony, child support, and other matters (such as child custody, and use of the marital home) during the course of the case. I always ask about the need to have a hearing on these issues before filing the initial paperwork and if you say you need one, I request same in the initial documents.
Can My Spouse Be Required to Pay My Legal Fees? As a part of a divorce, a court will consider differences in income between the parties and "level the playing field" by awarding legal fees to the lower earner in certain cases. In my experience, the amount, if any, of the award will vary based upon the difference in income and the judge assigned to the case. Thus, you may get all, some percentage or none of your fees paid by the other side. Likewise, in a contempt case, if the other side is found in contempt, you may also get an award of attorneys fees but the amount will again be within the discretion of the judge. Attorneys fees can be awarded in other actions, but according to the law and in my experience, the likelihood and amount of recovery is much lower.
Enforcement - What if My Spouse Doesn't Follow Court Rulings?
What do I do if my Ex-Spouse fails to Pay Child Support or Otherwise Fails to Meet His/Her Obligations? A contempt action is the basic remedy available if a party fails to comply with the terms of a settlement agreement or parenting plan or fails to pay child support If a party is found in contempt, a court can impose a variety of sanctions, including but not limited to an income deduction order, payment of the other party's legal fees, and/or imprisonment.
How Much Will All This Cost?
I know that the cost of representation is always a concern and must be weighed against the life changing issues to be decided. I make a point of discussing with every client various approaches to situations to determine the most cost effective strategy, and I continue those discussions throughout the life of the case. Uncontested divorces start at $750.00 plus court costs. Contested divorces, collaborative divorce and other family law proceedings do not usually lend themselves to a set fee approach. Thus, I typically charge a retainer that I apply on a monthly basis against legal fees and costs incurred, and when necessary, I require an additional retainer payment(s). You will receive monthly statements detailing the time spent, fees incurred and allocation of the retainer against same. Credit cards are accepted.
If you require our services and would like to speak with us directly, please feel free to contact us at any time. We would be happy to assist you.
10475 Medlock Bridge Road,
800 Ivy Falls, Second Floor
Johns Creek, GA 30097
(770) 395-9147
http://www.tannenlawgroup.com/contact.htm
davidtannen@tannenlawgroup.com
