Tuesday, August 30, 2011

The Court Order You Will Never Get

In my divorce practice, I sometimes find that my clients have unrealistic expectations about what the law can and cannot do for them. Generally, the law does not favor self-help. This means that even if you get a court order, the court and the police must be the ones to enforce it.

Divorce and custody cases are filed in Georgia in superior court, which is a court of equity. Custody cases are decided based on a "best interest of the child" standard, and in assessing this standard, the courts are permitted to consider factors such as the character of the parents, which is otherwise impermissible under the Federal Rules of Evidence and Georgia law.

That said, however, there's a difference between what is evidence of bad character vs. what is a difference of opinion on parenting style. A person can be a terrible spouse, but an excellent parent.

If you are wanting "justice" (with you doing the defining of what is just), you are not likely to get it from a court. But, just for fun, I've created a fill-in-the-blank form for you to fill out as a venting exercise. Please don't take this to Court -- it would be embarrassing.

Final note if you are looking for help in how to draft a contract: note that for each of the major things the Ex is required to do, there's a consequence if it is not done. These particular consequences are insane, of course (and the examples of bad behavior not all frivolous, and taken from my actual cases over the years), but generally, you want to build in consequences for each action in your contracts.

Link to download: The Order You Will Never Get

Tuesday, August 2, 2011

Non-Sceney Social Opportunity Post-Break-up: Square Dancing

How do you meet people following a break-up, without the pressure to immediately start dating again? Square dancing! New classes started on August 8 for the Hotlanta Squares, an LGBT square-dancing group that dances each Monday night from 7-9 p.m. at the First Metropolitan Community Church located at I-85/N. Druid Hills Rd in Atlanta. All are welcome (including allies). No special skill required.

Square dancing is a good old-fashioned drug/alcohol-free fun way to meet people, get a little exercise and have a very good time. Dress is utterly casual (most people wear shorts & t-shirts in the summer), and the Squares change up dance positions all night long, so you do not need to bring a partner. (In fact, most people do not come with a partner, so it is a perfect activity for single (or newly-single) people!)

Classes are FREE for the first three weeks of the open house (August 8, 15 & 22) and only $5 each week thereafter.