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What if my spouse disappears during the divorce process?
When you are getting divorced, you are seeking a life separate from your spouse. However, what happens if your spouse takes off and disappears before your divorce is finalized? Can you still conclude your divorce case and move on with your life?
Continue Reading What if my spouse disappears during the divorce process?At What Age Can a Child Refuse Visitation in Georgia?
When the court orders a custody arrangement, is there a point when a child can decide not to abide by that arrangement? As a child gets older, they might have a better idea of what they want, and they might want to stop trekking between their parents’ homes.
Continue Reading At What Age Can a Child Refuse Visitation in Georgia?Should I Get a Protective Order During Divorce?
Divorce could be an especially triggering event for family violence. Domestic abuse
Continue Reading Should I Get a Protective Order During Divorce?What Are Common Visitation Rights in GA?
When parents get a divorce or separate, they will need to face some key legal issues regarding the custody of their children.
Continue Reading What Are Common Visitation Rights in GA?Learn How a New DUI Initiative in Georgia Might Affect You
The Georgia Department of Driver Services reported 2,878 Administrative License Suspensions and 12,008 Driving Under the Influence (DUI) Convictions in 2020.
Continue Reading Learn How a New DUI Initiative in Georgia Might Affect YouCan a Child Request to Change Custody in GA?
In Georgia, children who are 14 years old or older can pick which parent they want to live with. However, a parent has to be the one to actually file a case to change custody.
Continue Reading Can a Child Request to Change Custody in GA?How Are Assets Divided During a Divorce?
Because Georgia follows the equitable distribution or division principle when dividing assets in a divorce, a divorcing couple must divide their marital property in an equitable and fair way
Continue Reading How Are Assets Divided During a Divorce?How Common are Car Crashes in Cumming?
Even though car accidents are increasingly common occurrences, they are no less damaging and negatively impactful upon your life.
Continue Reading How Common are Car Crashes in Cumming?Truck accidents on North Georgia Roads
Truck accidents can be especially stressful, given the increased risk of injury or even death for passenger vehicle occupants in accidents with trucks.
Continue Reading Truck accidents on North Georgia RoadsShould I Seek Medical Care After a Motorcycle Accident?
If you have been in a motorcycle accident, seeking out immediate emergency medical attention is recommended.
Continue Reading Should I Seek Medical Care After a Motorcycle Accident?When Is It Worth Filing A Personal Injury Case In Court?
If you have been seriously injured in an accident, then you know the consequences of another person’s negligence all too well.
Continue Reading When Is It Worth Filing A Personal Injury Case In Court?Who Should I Call If I Get Arrested For A DUI in Cumming, Georgia?
If you are arrested for driving under the influence of alcohol, you may feel frightened and uncertain.
Continue Reading Who Should I Call If I Get Arrested For A DUI in Cumming, Georgia?If I File Against My Own Insurance, Will My Rates Go Up?
Many injured victims want to know if filing a claim against their own insurance company will cause their rates to increase.
Continue Reading If I File Against My Own Insurance, Will My Rates Go Up?What Happens to Military Benefits After Divorce?
Are you getting divorced, and you or your spouse is in the military? If so, you likely have questions about what will happen to military benefits during and after your divorce. These benefits are important to your financial future, so you need help from a Cumming divorce attorney who handles military divorce cases.
Continue Reading What Happens to Military Benefits After Divorce?What if my spouse disappears during the divorce process?
When you are getting divorced, you are seeking a life separate from your spouse. However, what happens if your spouse takes off and disappears before your divorce is finalized? Can you still conclude your divorce case and move on with your life?
Continue Reading What if my spouse disappears during the divorce process?At What Age Can a Child Refuse Visitation in Georgia?
When the court orders a custody arrangement, is there a point when a child can decide not to abide by that arrangement? As a child gets older, they might have a better idea of what they want, and they might want to stop trekking between their parents’ homes.
Continue Reading At What Age Can a Child Refuse Visitation in Georgia?Banks, Stubbs & McFarland Took Part In 2 Charity Events
The Forsyth County Attorneys at Banks, Stubbs & McFarland are committed to restoring lives in and out of the courtroom. Recently the law firm took part in Blues & Q and United Way Day of Caring.
Continue Reading Banks, Stubbs & McFarland Took Part In 2 Charity EventsShould I Go to The Emergency Room or Urgent Care?
An accident or unexpected need for medical help can interrupt anyone’s day without warning.
Continue Reading Should I Go to The Emergency Room or Urgent Care?How Long Do I Have to File a Lawsuit After a Car Accident in GA?
Following any type of motor vehicle accident in GA, if you have sustained serious injuries and/or damage to your vehicle, you need to explore all viable options to hold the negligent driver financially liable for your damages.
Continue Reading How Long Do I Have to File a Lawsuit After a Car Accident in GA?Common Types of Accidents During The Summer Months
Swimming, hiking, jet-skiing, cycling, and a whole lot of other summer activities equal summertime fun.
Continue Reading Common Types of Accidents During The Summer MonthsWhat Happens When a Pedestrian is Struck by an Uber Driver?
Uber remains to be the most popular ridesharing app, with Lyft following closely behind. There’s no doubt that Uber has changed how people get from one place to another and has definitely made commuting easier for millions of people worldwide.
Continue Reading What Happens When a Pedestrian is Struck by an Uber Driver?What are the Top Causes of Reckless Driving Accidents?
Every year, an average of about six million car accidents occur in the United States, and each day 90 people die as a result of car accidents.
Continue Reading What are the Top Causes of Reckless Driving Accidents?Can You Sue for Pain and Suffering in GA?
Pain and suffering are indeed valid damages to sue for in Georgia. The premise of pain and suffering is that it compensates victims of accidents for the potentially long-lasting and unquantifiable effects of their injuries.
Continue Reading Can You Sue for Pain and Suffering in GA?Will the New Georgia Anti-Street Racing Law Reduce Accidents and Injuries?
A new Georgia Anti-Street Racing Law has gone into effect in this state that creates criminal penalties and fines for those involved in a street race or stunt driving or those who organize such events.
Continue Reading Will the New Georgia Anti-Street Racing Law Reduce Accidents and Injuries?Driverless Trucks Will Be Out on the Road Soon
In today’s era of technology, autonomously operating vehicles are one of the current developments poised to impact and change everyday life as we know it.
Continue Reading Driverless Trucks Will Be Out on the Road SoonNew Protections for Victims of Dating Violence in Georgia
In May 2021, Governor Brian Kemp signed Georgia House Bill 231 into law. This decision provides additional protections and support for people in our state who experience dating violence.
Continue Reading New Protections for Victims of Dating Violence in GeorgiaSafety Tips for Boating This Summer
Summer is the high boating season in Georgia, and when it comes to fun in the sun, it is hard for anything else to compete. Boating accidents, however, are often exceptionally dangerous, which makes the following safety tips critical to the safety of everyone on the waterway.
Continue Reading Safety Tips for Boating This SummerUber Wrongful Death Claim Appealed Over Arbitration Clause
A woman pursuing a wrongful death claim against Uber recently experienced a victory in the Georgia Court of Appeals. She filed the claim following the murder of her son by an Uber Eats driver, but Uber sought to remove the case from civil court, claiming the customer agreed to a mandatory arbitration clause.
Continue Reading Uber Wrongful Death Claim Appealed Over Arbitration ClauseStreet Racing in GA Has Consequences
The COVID-19 pandemic might have meant there were fewer drivers on the road, but that does not mean the roads were safer. In fact, there were more traffic-related deaths in 2020 than in recent years, as those who were driving seemed to be less respectful of traffic rules and safety.
Continue Reading Street Racing in GA Has ConsequencesNew Law Allows Removal of Certain Convictions from Record
As of the start of 2021, people with criminal records in Georgia have a greater chance of having convictions expunged or sealed. Doing so can improve many aspects of life, so it is important to look into whether you might qualify.
Continue Reading New Law Allows Removal of Certain Convictions from RecordCan My Spouse Stop Paying the Mortgage during a Divorce?
Divorce is one of life’s most consequential transitions. If this is the situation you find yourself in, you almost certainly have plenty of questions – not the least of which is how you are going to handle paying your mortgage if your spouse suddenly stops making the payments.
Continue Reading Can My Spouse Stop Paying the Mortgage during a Divorce?Will Dating during a Separation Affect a Divorce Settlement?
Because Georgia is not a no-fault state when it comes to divorce, beginning to date other people – or another person – while you are still married, is considered adultery (a fault basis), and it can affect the outcome of your divorce. This is true even if you are separated at the time.
Continue Reading Will Dating during a Separation Affect a Divorce Settlement?Appealing the Outcome of a Custody or Related Case
Child custody concerns are highly significant matters that directly affect your parental rights and your ongoing relationship with your children. The law understands the magnitude of these issues and, as such, allows parents the right to appeal a court’s custody-related decisions. To do so, however, you must be able to demonstrate that there was an error in either the facts presented or in how the law was applied to the case at hand.
How Will a Divorce Affect My Taxes?
If you are facing a divorce, there are a lot of moving parts, and your taxes may not be getting the attention that they deserve. The fact of the matter is, however, that the tax implications of divorce can be considerable, and the time to think about them is before your divorce is finalized. If you have tax-related divorce concerns, consult with an experienced Georgia divorce attorney today.
Why Hire a Divorce Lawyer?
The terms of your divorce will directly affect your parental and financial rights, and in addition to this serious matter, you can expect a good deal of emotional upheaval. Because the outcome of your divorce will affect your life so significantly, because your decision-making powers may be stretched to the limit by stress, and because the divorce process is complicated, you are well-advised to work closely with an experienced Georgia divorce lawyer throughout the legal process.
Challenges for Families and the COVID Vaccine
Family law addresses its fair share of challenges that relate to family life, and the COVID vaccine is poised to join the growing list of such challenges. Family law deals with evolving social concerns, and COVID-19 vaccines fit the bill nicely. The plan is for all Americans over the age of 16 to be vaccinated in the very near future, and research is in the works regarding vaccinating children who are as young as two years old.
How to Report Suspected Nursing Home Abuse in Georgia
As heinous as it sounds, the abuse of elderly and disabled adults in nursing homes still happens - often undetected and unreported. It’s intentional and ranges from physical harm and emotional distress. […]
What is Nursing Home Abuse and When Can You Sue?
According to the National Council on Aging, 10 percent of seniors in nursing homes suffer abuse. As tragic as it sounds, senior citizens aged 60 and above suffer various forms of abuse at the hands of those mandated to care for them […]
What to Expect During Your Car Accident Attorney Consultation
According to the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System (FARS), 1,504 Georgians died in road accidents in 2018. […]
What to Expect during a Nursing Home Abuse Lawsuit
If your loved one has been injured as a result of nursing home abuse, it is a harrowing situation for which you are no doubt ill-prepared to cope […]
Things Nursing Homes in Georgia Are Not Allowed to Do
If you have a loved one living in a nursing home, you are well aware of exactly how vulnerable he or she is. Our aging relatives depend upon others to provide them with the care necessary to maintain their health and live their best lives […]
The Difficulty Involved in Divorcing an Addict
Divorce is never easy, but if your spouse is an addict, it makes the entire process that much more difficult. Further, the stress of divorce can leave addicts leaning even more heavily on their addictions. […]
Do Family Courts Favor the Mother?
There is a commonly held belief that family courts favor mothers over fathers when it comes tohild custody concerns. There is, however, no basis for this belief in Georgia’s laws. […]
When Can a Child Decide Which Parent to Live With?
Divorce is rife with difficult decisions, and some of the most difficult of all relate to child custody concerns. […]
What Is Spousal Abandonment?
In the State of Georgia, some divorces are fault-based, and one ground for a fault-based divorce is spousal abandonment, which is also called desertion. […]
Are the Assets I Owned Prior to Marriage Protected during Divorce?
The division of marital property in a divorce is one of the most complicated components of an already complicated process. The State of Georgia – like many other states – is an equitable distribution state.[…]
Can Visitation Be Upgraded to Custody?
If you have a visitation schedule but would like to upgrade your status to having joint custody with your children’s other parent, it is a significant undertaking, but it can be accomplished in some situations. […]
How We Help Maximize Our Clients’ Recovery
If you’ve been injured as a result of someone else’s negligence, reaching your fullest recovery is paramount. […]
Key Factors that Can Affect Your Motorcycle Accident Claim
Getting out on your bike is a great way to clear your head and focus on the open road ahead. In fact, riding can provide you with an immense sense of freedom. […]
Don't Post about Your Accident on Social Media
Being injured as a result of someone else’s negligence is a difficult experience that can leave you off the job and facing mounting medical bills as you proceed through a lengthy recovery period. […]
Can’t Locate Spouse for Divorce?
No two divorces ever proceed in exactly the same manner, and sometimes, couples have been apart a considerable amount of time before one of them decides to move forward […]
How is a Spouse’s Alimony Determined?
Alimony doesn't play a role in every divorce. If, however, one spouse will experience a financial struggle upon divorce and the other spouse has the financial means […]
What Happens When Parents Live Internationally?
An important component of every divorce involving children is child custody, and making these arrangements is difficult enough when divorcing parents live across town from one another […]
The Dos and Don’ts of Settling Your Case Pro Se (without Legal Representation)
Personal injury claims – by their very nature – are complicated, and the stakes are always high. While you are well-advised to work closely with an experienced Forsyth County personal injury attorney if you are left injured by someone else’s negligence […]
How to Prevent Nursing Home Abuse & Neglect
Nursing home abuse and neglect is one of the most emotionally painful areas of personal injury law. After all, we turn to nursing homes to provide our aging loved ones with the care and help they need to lead full lives, and any form of abuse or neglect is a direct betrayal of that trust […]
Bicycle and Pedestrian Accidents vs. Car Accidents: How Are They Different?
Walking or riding a bicycle can provide exercise, enjoyment, and cost-effective transportation. However, every time you are near traffic, you are at risk of being involved in a crash and suffering injuries […]
How Motorcycle Accident Cases Differ from Other Car Crash Claims
Motorcycle accidents, in general, tend to be even more serious than other kinds of traffic accidents. When you are on your bike, you have no physical barrier to protect you from the impact and dangerous effects of an accident, which leaves you especially vulnerable to injuries […]
What Damages Are There to Recover after a Wrongful Death?
If you’ve lost a loved one as a result of someone else’s negligence, it’s a difficult experience to overcome […]
Common Types of Surgeries after a Bad Car Accident
As traffic continues to increase in the United States, so do car accidents... […]
Who Is Liable in a Truck Accident and How to Prove It?
There is no denying that truck accidents are some of the deadliest accidents on our roadways.. […]
Should I Wait to File a Personal Injury (PI) Claim in GA?
If you’ve been injured as a result of someone else’s negligence, you’re in a difficult position, and the thought of bringing a personal injury claim may feel overwhelming. […]
What Constitutes a Wrongful Death?
Wrongful death claims are the most painful area of personal injury law because they signal the loss of a life which is always precious. Such a loss is permanent, and no amount of compensation can bring your family member home to you. […]
Does Adultery Affect Alimony?
In the State of Georgia, alimony can be affected by adultery, but as with so many other things related to divorce law, it’s complicated. […]
What Are My Rights for Relocation as a Separated Parent?
If you are a separated or divorced parent in the State of Georgia and are considering moving with your children, there are some important legal considerations to keep in mind. […]
Voluntary Homeschooling and New Proposed Law
Georgia passed a house bill in 2019 that is aimed at allowing the state more oversight regarding children who are homeschooled. This law is in response to the tragic deaths of three children who were removed from public school rosters before their deaths. […]
How Could COVID-19 Affect my Accident Claim?
The COVID-19 pandemic has affected our lives in ways that we couldn’t have imagined even a year ago. While we’ve been operating in a new normal for a while now and are starting to get the hang of wearing masks and social distancing.[…]
What Are Punitive Damages in a DUI Accident?
Traffic accidents involving impaired drivers are some of the most tragic and dangerous accidents on our roads. In fact, when a drunk driver is involved, the accident is that much more likely to be deadly.[…]
How Will Self-Driving Trucks Affect Safe Roadways?
Self-driving trucks have gotten a lot of attention lately for the very reason that they drive themselves. While we’ve all heard that self-driving trucks are coming, most of us aren’t aware that they’ve already arrived – apparently.[…]
Can You Earn Rewards for Not Driving Distracted?
The simple answer to the straightforward question, can you earn rewards for not driving distracted, is yes, you can. You know exactly how dangerous it is to drive distracted and wouldn’t dream of physically operating your phone while behind the wheel. […]
How Can a Drone Help Your PI Case?
We all seem to have a childlike fascination with drones, but most of us haven’t given much thought to how they might be useful in personal injury cases. […]
How 3D Printing Can Help in a PI Case
If you’ve been injured as a result of someone else’s negligence, it is often complicated to show the full extent of an injury. However, 3D printing is helping to ensure that victims like you obtain the compensation to which they are entitled. […]
How Long Does It Take for Symptoms of a TBI to Appear?
The term traumatic brain injury (TBI) refers to an injury that is exactly as serious as its name implies. To make matters more difficult, TBIs are as unpredictable as they are serious. […]
Do You Need a Police Report for a Slip and Fall Accident Claim?
Slip and fall accidents are common, and they can be surprisingly serious. When you go about your business during the course of your day, the last thing you expect is to come away with an injury. […]
Are there Differences in the Law for Child Injury Cases?
When a personal injury claim involves a child, that can bring a great deal of stress for the family involved. […]
Proving Fault in a Rear-End Accident
Rear-end accidents are common, and misconceptions about these accidents are also common. […]
Steps to Take after a Georgia Car Accident
You never expect a car crash to happen, and it only takes a second for your world to be turned upside-down. […]
High Demand May Increase Truck Accident Risks
During the COVID-19 pandemic, we have seen items flying off the shelves at our stores. In addition, many people have been foregoing in-person shopping and instead ordering as much as possible online. […]
Should You Accept the First Settlement Your Insurance Company Offers?
If you have been injured by someone else’s negligence in a traffic accident – or in any other kind of accident – you might be going through a difficult time and may not know where to turn.[…]
Handling Child Custody during COVID-19
While concerns about COVID-19 and related health issues persist across the United States, many parents face additional worries relating to child custody. […]
Taking Photos After a Car Accident
If you have been injured as a result of another motorist’s negligence, you are entitled to full compensation in order to be made completely whole.[…]
Is There a Benefit to Filing for Divorce First?
No matter how long there has been conflict in your marriage or how long you have been separated, divorce proceedings in Georgia do not begin until one party files a Complaint or Petition for Divorce with the appropriate court. […]
How Long Do I Have to File an Injury Claim After an Accident in Georgia?
A statute of limitations is a law that stops someone from receiving criminal charges or civil lawsuits against them after a certain amount of time has passed. The idea behind the statute of limitations dates back to early Roman laws.[…]
What Should I Do If My Loved One Was Injured by a Drunk Driver in Georgia?
According to the United States Centers for Disease Control and Prevention (CDC), approximately 1.4 percent of drivers in Georgia admit to driving after having too much to drink. […]
Death By Car Accident: A Growing Epidemic in Georgia and the US
It’s hard to imagine life without cars. Though cars are typically the most convenient method of transportation for Americans, car safety has actually worsened since the birth of Ford’s Model T. This past July, The Washington Post reported startling data: in the past 19 years, more Americans have died in car accidents than U.S. soldiers […]
Wrongful Death Case Example
Wrongful Death cases can be very complicated and require a thorough investigation. You need an experienced attorney to guide you through the many twists and turns of wrongful death litigation. Pending wrongful death case example: Forsyth County Client’s husband was driving south on Georgia 400 before sunrise with his daughter and her boyfriend and was […]
Elliott – The Big Deal for DUI Cases in Georgia
Previously I wrote that all lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in Elliott v. The State (Docket No. S18A1204). The 94 page opinion was issued on February 18, 2019. What’s the big deal and what is the Elliott […]
Current Issues in DUI Litigation: Elliott
All lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in Elliott v. The State (Docket No. S18A1204). Oral argument was conducted in the Georgia Supreme Court in April, 2018. What’s the big deal and what is the Elliott Issue? Some […]
Can Georgia parents go to arbitration in a child custody case?
This blog has discussed many aspects of child custody in the state of Georgia, such as the ‘best interest of the child’ standard, the basics of joint or sole custody and some of the differences between legal and physical custody. We’ve also touched on the fact that, in many cases, both parties are best served […]
Enforcing a Georgia child support order in a different state
A few weeks ago, we discussed, in a very broad way, the federal law known as the Uniform Interstate Family Support Act, or UIFSA. We touched on the fact that this law makes it possible for a Georgia family court, which normally has jurisdiction only within the state, to enter an order of child support […]
What is ‘UIFSA’ with regards to Georgia child support?
We’ve discussed the basics of how child support orders are established in the state of Georgia, and some of the policy behind the legal requirement that a child be supported based upon the incomes of his or her parents. We’ve also talked about how sometimes conditions change that may affect a child support order in […]
Drug charges can be devastating to reputations in Georgia
Everyone in the U.S. prefers to think that, in the criminal justice system, people are “innocent until proven guilty.” While this is theoretically true, it is also likely that Georgia residents who have had personal contact with the legal system understand that being charged with a crime, especially one involving drugs, can lead others to […]
Do Georgia parents lose custody if they leave the state?
Today’s American society is more geographically mobile than ever before. Many people do not live in one place for their entire lives anymore. Whether it be for professional purposes, personal reasons or just wanderlust, individuals often find themselves packing up and heading off to start a new life. This process can be quite complicated when […]
What exactly is a “Miranda warning” in Georgia drug crime cases?
Georgia residents have seen it constantly in television shows and movies: the cops have finally got their suspect, and as they’re placing the cuffs on the suspect they begin the mantra “You have the right to remain silent…” This beginning phrase is, with slight variations, used across the country by law enforcement to “read a […]
What is the ‘attenuation doctrine’ in Georgia drug crime cases?
About a month ago, we discussed a relatively new decision handed down by the Supreme Court of the United States. This case, titled Utah v. Strieff, turned on the use of the exclusionary rule, also known as the doctrine of ‘fruit of the poisonous tree,’ which keeps law enforcement in Georgia and across the country […]
Mother faces extradition to Georgia in child custody dispute
We’ve previously discussed the potential consequences of taking the law into one’s own hands in cases of child custody disputes. People who take children who are legally in the custody of another without the guardian’s consent can face various civil and criminal penalties. We’ve also touched on the fact that whether the children consent or […]
‘Families in Transition Seminar’ part of divorce in Georgia
The end of a marriage can be an emotionally trying time, even for well-adjusted adults. It’s no surprise, then, that its effect on children can be magnified, considering their less-developed emotional and intellectual capabilities. There are, however, a couple ways divorcing couples with kids can help with the transition. One is to attempt to ensure […]
4 ways to minimize drama in your divorce
Readers of this blog may be all too aware of the details regarding the recently announced divorce between Johnny Depp and Amber Heard. In light of their split after just over a year of marriage, media outlets have been reporting allegations of abuse, drug use and other salacious behaviors regularly. If you are facing the […]
Latest developments in case of baby who died in hot car
A Georgia father has been accused of intentionally leaving his baby boy in a hot car, which eventually led to the 22-month-old’s death. The father, on the other hand, says that it was an accident, and he did not purposefully endanger the life of his son. In the latest development in the man’s case, his […]
How a fight in school can lead to criminal charges in Georgia
In schools across the nation, fights among students is a common occurrence. Here in Georgia, it is no different. But while we might see fighting in schools as just another part of the societal norm, it’s important for students as well as their parents to know that physical and verbal altercations in school can have […]
What does state law have to say about synthetic marijuana?
Last week, the Centers for Disease Control and Prevention released an eye-opening report discussing how the use of synthetic cannabinoids — otherwise known as synthetic marijuana — has once again exploded here in the U.S. Indeed, the CDC report found that poison control centers in 48 states received an astounding 3,572 calls concerning synthetic cannabinoids […]
Policy Change in Administrative License Suspension Hearings
Did you know that in 2009, Parker McFarland filed a civil law suit against the elected Solicitor General in Forsyth County for enforcement of subpoenas at ALS hearings? Forsyth County officers had started a policy of coming to ALS hearings without the reports or videotapes from their arrests. Attorney Parker McFarland sent a subpoena to […]