Weapons of Choice: Unfounded Allegations of Abuse To Gain Advantage

A problem is brewing just below the surface in family law.  This problem is immoral and stains the real stories of true victims.  It is zapping judicial resources to try to get at the heart of the truth.  These resources are being exhausted in an attempt to protect the real victims in search of the truth. However, to get to that point, these resources are sometimes used to dissect unnecessary lies.

One spouse may accuse the other spouse of domestic violence to have reason to get the other removed from the marital home. This spouse may be embellishing their story or completely lying to gain what they perceived to be an advantage for a future divorce The same may be said for parents. One parent may accuse the other of sexual or physical abuse of a child. This parent may be doing so to gain an advantage for a divorce and/or future custody case.

We, as a society, must come to a point where we question how far we will go in order to prevail? Are we willing to potentially ruin someone’s life in order to get what we want? These actions and lies are bigger than just “this divorce” or “this custody” case. We cannot get to the point where true victims are left without options, anyone to intervene, or resources because abuse will no longer be taken seriously.

Attorney Tiffany R. Lunn and Lunn Law LLC can help with issues of abuse in child custody and divorce cases. Give us a call at 770-492-2974.

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Published in: on February 27, 2017 at 1:12 pm  Leave a Comment  
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Attorney Tiffany Lunn Is Frequently Asked This Question: Can I Put My Spouse Out Of The Marital Home?

Attorney Tiffany Lunn says: No, unless you have a court order that gives you exclusive possession of the martial residence then you cannot remove your spouse even if the residence is titled solely in your name.  The first step toward removing your spouse would be to file for divorce or separate maintenance.  You can request exclusive possession of the residence prior to a final hearing by filing a Motion for Temporary Hearing and requesting and being awarded this property until dissolution of your marriage or finality of the case.

If your spouse is abusive and you are the victim of domestic violence then you can request a Temporary Protection Order. You can request exclusive possession of the marital home upon these facts as well.  If the court finds you believable then your request will be granted on an ex parte basis.  You will shortly after have to attend a court hearing for your Protection Order to be extended.  At this hearing, your spouse will have the opportunity to dispute your allegations of abuse.

Police are often called to martial homes regarding this vary issue.  As a general rule, law enforcement are going to inform you that you must seek court intervention and present a court order for them to get involved. If you have any further questions about this issue, you should contact Attorney Tiffany Lunn of Lunn Law LLC at 770-492-2974 or another experienced family law attorney to explore your legal options in Georgia. It is imperative that you not take matters into your own hands especially if uninformed about the possible consequences.

Division of Marital Home

 

 

Published in: on June 13, 2016 at 5:28 pm  Leave a Comment  
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Social Security Benefits: Divorce and Death

Divorce and death are highly relevant to one’s Social Security Benefits.  However, many do not give this much consideration especially during dissolution of marriage.  A couple’s 10th anniversary has legal significance in this respect.  However, this significance will not remain relevant to the same degree for much longer due to the national budget. Attorney Tiffany Lunn suggests you read more about this at: How Divorce and Death Affect Social Security Benefits.  You should follow-up with questions by contacting a family law attorney for clarity.

Published in: on May 27, 2016 at 7:54 pm  Leave a Comment  
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Name Change Via Marriage License: Georgia DMV Says “No” to Same-Sex Couples

Same sex couples are running into problems in states such as Georgia that do not recognize same-sex marriage.  Couples are finding that they can’t even get their name change with their marriage license from another state through Georgia Department of Motor Vehicles. Same-sex advocates are finding this occurring throughout the southern part of the country. Advocates say that the federal government is attempting to makes the transition for same-sex couple smooth but that the state government is not.

Name changes can take place through the court system but will cost hundreds of dollars to finalize.  Many same-sex couples refuse to pay this amount for something that hetrosexual couples get for free. Advocates are attempting to get states that don’t recognize same-sex marriage to make what they consider a small step in the right direction without same-sex marriage being legal in the state. Advocates of same-sex marriage believe that state agencies have the power to interpret its policies to allow a name change in a state where same-sex marriage is not legal.  

Attorney Tiffany Lunn believes that Georgia should expect increased litigation on the issue in months and years to come. Advocates are determined to obtain certain rights and the courts will likely have to rule one way or the other.  Advocates do not think it’s as clear as same-sex marriage is not legal under Georgia law.  Stay tuned to see how these matters develop. You can read more at: http://www.huffingtonpost.com/2013/10/17/same-sex-couple-name-change_n_4111173.html.  If you need assistance with Domestic Partnership Agreements or other documents that can assist same-sex couples in Georgia, feel free to contact Attorney Tiffany Lunn for legal assistance.

Published in: on October 20, 2013 at 8:22 pm  Leave a Comment  
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Congress urges Supreme Court to overturn DOMA

The United States Supreme Court is to consider whether to overturn the Defense of Marriage Act, DOMA, this legally forbids the federal recognition of same-sex marriage.  Under DOMA, gay and lesbian couples would not receive the same benefits of heterosexual couples such as tax and Social Security benefits. Of those congressmen and senators urging the Supreme Court to overturn DOMA, there are only two representatives from the state of Georgia. President Bill Clinton, who signed DOMA into law, has requested that the United States Supreme Court overturn it.

Arguments will be heard by the United States Supreme Court on March 27, 2013. A decision is not likely until June 2013. The outcome will affect domestic relations law throughout the country and the lives of many Americans.  Read the articles below to find out more about this important issue.

DOMA Challenges

Congress Urges Overturn of DOMA

Post written by Tiffany Lunn, Esq

Phone: 770-492-2974

Published in: on March 13, 2013 at 9:21 am  Leave a Comment  
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Divorcing After Fifty: On the Rise Nationally

More people over the age of fifty (50) are divorcing for a number of reasons.  These reasons vary from couple to couple. One reason seems to be that people are living longer thereby giving them more time to decide to chart another course for their lives.  A second reason seems to be because the stigma of divorce has greatly diminished in recent years.  Because the stigma has diminished, it was caused fewer people to be intimidated into remaining in a bad or unsatisfied marriage. A third reason people over the age of fifty (50) are divorcing is that in general, the financial reasons for remaining married becomes less important as people grow older.  In general, those over the age of fifty (50) are in a better position to move forward financially without a partner than younger individuals.  Tiffany R. Lunn Esq has found in her own practice that she is encountering more people above the age of fifty that are divorcing or interested in divorcing. You can find out more about divorcing over the age of 50 by reading this article in the Chicago Tribune:

Chicago Tribune: Divorcing Over 50

Published in: on March 1, 2013 at 5:11 pm  Leave a Comment  
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Do I Need A Lawyer To Get A Divorce In Georgia

Lunn Law LLC and Attorney Tiffany Lunn frequently gets this question: Do I need a lawyer to get a divorce?  The audio listed below from Georgia Legal Aid best answers that question.

Audio

Published in: on February 9, 2013 at 12:52 pm  Comments Off on Do I Need A Lawyer To Get A Divorce In Georgia  
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Required Divorcing Parent’s Seminar in Metro-Atlanta

We encounter prospective clients on a regular basis that are not aware of the mandatory Divorcing Parent’s Seminar in Georgia. The mandatory seminar does not include all Metro-Atlanta counties, however, it does involve most.  Divorcing parents should be aware of  this requirement, but we have found that many pro-se litigants are not.  Divorcing parents that are not aware of this requirement have their case delayed until the seminar is completed. The registration fee for the seminar averages approximately $30.00 per person, usually payable by cash, cashier’s check or money order. A parent qualifying as indigent may have their fee waived.

Beware that pre-registration a certain number of days before attending the seminar is usually strictly enforced. The seminar is generally 4 hours in duration and an applicable schedule is available for each county. Scheduling should be confirmed with the Seminar’s Director’s office to make sure no changes have been made to the seminar schedule.  If the location of the seminar is a concern, attendance at other equivalent seminars in other states or counties may be allowed at the discretion of the judge.

We handle cases in Clayton, Henry, Fayette, Cobb, Gwinnett, Fulton, Dekalb, Spalding and Griffin. You can find the required information for Clayton, Cobb, Gwinnett, Fulton, and Dekalb below. Henry, Fayette,  Spalding and Griffin counties do not have a seminar requirement.

Clayton County Seminar

Cobb County Seminar

Gwinnett County Seminar

Fulton County Seminar

Dekalb County Seminar

Tiffany R. Lunn, Esq and Lunn Law LLC assist with family law matters in the Metro-Atlanta area. Make sure you are completing all of your obligations to finalize your divorce.  If you are not sure what all your obligations are to divorce, speak with an experienced divorce attorney to obtain the correct information.

Published in: on November 18, 2012 at 4:10 pm  Comments Off on Required Divorcing Parent’s Seminar in Metro-Atlanta  
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The Importance of Journaling

Whether we are referring to divorce, child custody, contempt or another type of dispute that may end up in court, the importance of journaling important events as they happen can not be understated.  If you have not been journaling important events as they have taken place in your marriage,while co-parenting, or of other contentious situations then you should do so immediately.  It can help you in court and also assist your attorney with preparing the strongest possible case for you.

Post written by: Attorney Tiffany R. Lunn

Phone: 770-492-2974

Published in: on April 20, 2012 at 1:33 pm  Comments Off on The Importance of Journaling  
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Divorce: Equitable Doesn’t Mean Equal

Some divorcing spouses believe that because Georgia is an “equitable division” state for divorce that each spouse will split martial assets 50/50%.  However, that is not case.  Equitable means “fair” and the court in Georgia divorce cases will decide what is fair by the facts and circumstances of each particular case.  Georgia differs from such states as California, which takes a “community property” view.  Such stars as Kobe Bryant and Katy Perry are currently going through divorce in California.

Read these articles to see the difference and consider whether having a pre-nup is a good idea regardless of what state you’re residing in:

http://abcnews.go.com/blogs/entertainment/2012/01/russell-brand-might-get-20-million-in-divorce-from-katy-perry/

http://latimesblogs.latimes.com/lanow/2011/12/kobe-bryant-divorce-prenup-could-have-saved-half-his-fortune-expert-says.html

http://www.cbsnews.com/8301-31749_162-57328593-10391698/demi-moore-to-fight-for-ashton-kutchers-fortune-in-divorce/

http://en.wikipedia.org/wiki/List_of_most_expensive_divorces

Post written by: Attorney Tiffany R. Lunn of Lunn Law LLC

Phone: 770-492-2974

Published in: on January 2, 2012 at 3:30 pm  Comments Off on Divorce: Equitable Doesn’t Mean Equal  
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