Hait, Eichelzer & Kuhn Blog
January 27, 2012
Divorce Cases Can By Influenced By Online Activity
Social networking sites like Facebook, Twitter and others are innovative tools, that make it easy for people to keep in touch with family and friends. They are online communities where people can publically share information and connect with others. As people share more aspects of their lives on these sites, they risk leaving themselves open to greater examination of their public and private lives, in sensitive situations.
Many individuals share photos and comment on their day-to-day activities but may not realize that information posted on social networking sites could be used against them in court. A recent survey by the American Academy of Matrimonial Lawyers found that “Facebook holds the distinction of being the unrivaled leader for online divorce evidence with 66% (of divorce lawyers) citing it as the primary source.”
Social networking sites can introduce a new level of scrutiny between married couples. Old flames and ex-relationships can easily re-establish a connection. And unhappy spouses can seek new relationships, which can manifest other issues.
Facebook offers mobile access if you have a smartphone, meaning a status or a picture can be uploaded virtually anytime, anywhere. This can be a problem for a marriage that is already troubled.
Deleting your profile before entering the divorce process will not always protect you from scrutiny. Search engines like Yahoo and Google cache these images as soon as they're uploaded making it possible to find pictures from Facebook accounts that have already been deactivated. These pictures are still accessible, and might be used in a divorce case. Ultimately, if you are considering or going through a divorce, keep in mind that almost anything posted to the web, including emails, can be used in court.
The underlying problem is the loss of love in a marriage; not Facebook specifically. Nevertheless, there are some safeguards couples can apply to maintain healthy online profiles. Communicate with your spouse about your social activity. Be explicit with your online contacts about what your expectations are of social networking relationships. Also, it’s a good idea not to engage in intimate conversation with someone other than your spouse. An experienced divorce attorney can help you navigate the increasingly complex world of social media and what it can mean for your divorce.
January 16, 2012
The Effects of Divorce on the Kids
Alpharetta Divorce Attorney, Elizabeth Kuhn discusses the effects of divorce on children with the host of 11-Alive's "Atlanta & Company," and her own step-daughter.
December 23, 2011
Divorce Affects Children Too
Not so long ago-in simpler times, married couples would stay together for many years. These days however, people are far more likely to marry more than once in their life. Whatever the cause, it is a fact that they will always need the services of a Georgia divorce lawyer when they have to divide their assets. A Georgia divorce attorney will represent only one person so the opposing side will need their own expert too.
Resentment with each other is likely to occur when couples decide to split. For lack of a better term, it's almost "natural" for this to happen during a divorce. When resentment happens, the couple is often too emotionally involved to be reasonable. The splitting of the assets will be a difficult problem too if one is feeling more wronged than the other. Oftentimes, the husband will feel that he earned most of the money for their assets and he will not want to give over the majority of the value, especially if it is deemed that the wife is the guilty party.
However, the court itself will not look at the assets in this way. The court is interested in an equitable sharing of everything. If there are children, then whoever is expected to take care of them the majority of the time, will also get the majority of the assets.
Sometimes, the mother or father will fight for the children just to keep most of the assets. Although the children may be better off with the other parent, it is clear that the assets are not easily given up to someone who he/she is now holding a grudge against.
The judge in the court looks at the circumstance without bias of course and will not be influenced by either party. If he thinks that either party is able to take care of the children, he will usually award joint custody. But if they show that they are too far in disagreement, he will only give visiting rights to one while the other will get sole custody.
Many people would benefit from arbitration before resorting to the courts to decide on their fate. If they can agree on certain things before they get into court then the divorce becomes much easier. The children will not feel torn between the two people who love them most.
Finally, it is usually the children who are the victims when divorcing couples can't agree to certain things. A broken home is a difficult way to start their life and they often end up feeling insecure or needy for the rest of their lives.
If you are considering Divorce, Contact Alpharetta Divorce Attorneys Today!
Elizabeth Kuhn Answers Viewers Questions On 11-Alive's, "Atl & Co."
December 08, 2011
Cobb County Georgia Divorce Attorney, Elizabeth Kuhn of Hait, Eichelzer & Kuhn is interviewed on 11-Alive's Atlanta & Company. Mrs. Kuhn answers divorce related questions from viewers including a question regarding Kim Kardashian's very brief marriage to Chris Humphreys.
Question 1: "My husband and I have a lot of debt that we've accumulated over the years due to a job loss and decreased income. Now we're back to where we can pay our current bills, but we're having a hard time paying off the debt. We'd prefer not to declare bankruptcy but what happens if we're unable to pay off the debt and it goes to collections?"
Question 2: "My brother and his ex-wife have 2 children; one of which is now 19. He expected to be done paying child support once the older child turned 18, but he's had to keep paying for both until the younger child (17) turns 18 next year. Is this common?"
Question 3: "I was just reading a story about how Kim Kardashian's husband wants an annullment instead of a divorce. What's the difference?"
See all of Mrs. Kuhn's answers to these questions, in the video interview below.
How To Save Your Marriage
September 23, 2011
Steven Kalas, marriage counselor and writer at the Las Vegas Review-Journal perfectly captures the sentiment of marriage and the importance of honesty, sacrifice and understanding the implicit vows that we take during a marriage ceremony which hide "between the lines" of our traditional vows. Here is a link to his article that hits the nail, right on the head.
Elizabeth Kuhn On 11-Alive's Atlanta & Company
September 15, 2011
Alpharetta ,GA Divorce & Family Law Attorney- Elizabeth Kuhn, is interviewed by 11-Alive's Atlanta and Company. Elizabeth Kuhn speaks of Hait and Eichelzer's expertise in the practice area of divorce and family law and brings special attention to the importance of hiring an experienced divorce lawyer to handle your case rather than representing yourself.
At Hait, Eichelzer & Kuhn, our Alpharetta Divorce Attorneys offer affordable legal services to our divorce clients. All clients have the option of hiring us on retainer, or for a flat fee. Uncontested matters, including divorce and modification - a divorce or modification where both parties agree on the terms of the divorce settlement or modification of terms - starts at just $500. Flexible payment plans, such as installment plans are available to those who need them. Our goal is to provide quality legal services at a reasonable cost.
Injury Lawyer, Kent Eichelzer of Hait, Eichelzer and Kuhn
August 30, 2011
Personal Injury Lawyer, Kent Eichelzer of Hait, Eichelzer and Kuhn interviewed about his firms excellent experience and background in Personal Injury law and litigation.
Experienced Personal Injury Lawyers understand the complex legal issues surrounding personal injury cases. They can help their clients understand their legal rights and will vigilantly represent them. As a result the client can procure the correct compensation for his personal injury.
Bankruptcy Can Help Those Facing Foreclosure
August 03, 2011
Seeking Bankruptcy can delay or avoid a foreclosure of your home. In many instances, filing for Chapter 7 bankruptcy can delay a foreclosure by several months. In some circumstances, you may be able to save your home by filing for Chapter 13 bankruptcy.
Commonly, foreclosure begins when a homeowner becomes delinquent on mortgage payments, usually after several payments have been missed. The lender begins the legal process of auctioning the home in order to get payment for the loan. The homeowner will be notified of this process. This gives you time to seek alternatives such as loan forbearance, short sale, or a deed in lieu of foreclosure. These are your first alternatives, but if you’ve already attempted and have been unsuccessful, now is the time to consider a bankruptcy to potentially avoid or delay the foreclosure.
Automatic Stay
In a Chapter 7 or Chapter 13 bankruptcy, the court automatically issues an order (Order for Relief) that includes an “automatic stay” which directs your creditors the stop their collection activities immediately. If your home has been scheduled for foreclosure sale, it will be postponed while the bankruptcy is pending, sometimes for three months or more. But, there are exceptions to the rule.
Exceptions to Automatic Stay
Motion to Lift the Stay: If the lender files a “motion to lift the stay” and obtains the court’s permission to proceed with the sale, you may not get the full three months. But even then the bankruptcy will typically still postpone the sale by at least two months. If the lender is slow in the pursuing the motion, it could postpone the sale by even more time.
Foreclosure Notice Already Filed: An automatic stay unfortunately, doesn’t stop the clock altogether on the advance notice that most states require before a foreclosure sale can be held or a motion to lift the stay can be filed. For example, a lender has to give the owner three months notice. If you receive this three month notice of default but then file for bankruptcy after two months have passed, the three month period would pass after you had already been in bankruptcy for only one month. At that time the lender could file a motion to lift the stay and ask the court for permission to schedule the foreclosure sale.
How can Chapter 13 Bankruptcy Help?
Chapter 13 bankruptcy allows you to pay off the “arrearage” (the late, unpaid payments) over the length of a repayment plan– up to five years in some instances. You will need enough income to meet your current mortgage payment at the same time you’re paying off the arrearage. Assuming you make all the payments up to the end of the arranged plan, you can avoid foreclosure and keep your home.
However, it may be that you will have to give up your home no matter what. In that case, filing Chapter 7 bankruptcy will at least stall the sale and give you two or three more months to work things out with your lender. It will also allow for time to save money during the process and cancel debt secured by your home. While Chapter 7 bankruptcy is pending, you can live in your home for free for some time, or perhaps even longer after your case is closed. It is wise to use that money to help establish new living quarters.
How Can Chapter 7 Help?
Chapter 7 bankruptcy will cancel all the debt that is secure by your home, including your mortgage and second mortgage or home equity loans. Chapter 7 will also make you exempt from tax liability on losses incurred by the lender if you default on these other loans.
However, with all this debt being cancelled the foreclosure of your home can not be cancelled by Chapter 7 bankruptcy. It cancels your personal liabilities under the promissory note, but doesn’t remove a lien.
Is Chapter 7 Right For You?
Chapter 7 could cause you to be forced to lose property you don’t want to give up. For example, if your wedding ring exceeds the value of jewelry you’re allowed to keep, the trustee could order you to give up the ring to be sold to benefit your creditors. In addition, you may or may not be eligible. Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, you are not eligible if your average gross income for the six month period preceding bankruptcy filing exceeds the state median income for the same size household. Also, if your current income exceeds your living expenses by enough to reasonably fund a Chapter 13 repayment plan, you will not be eligible for Chapter 7.
What if Neither Chapter 7 nor Chapter 13 Works For Me?
If you are facing foreclosure and neither Chapter 7 nor Chapter 13 bankruptcy will work for you, it can at least be the best way for you to get out from your mortgage debt and tax liability. It can offer you a way to save money which will help you find new accommodations and overcome the hurdles that lie ahead.
For more information regarding Bankruptcy and how to help avoid foreclosure in Georgia, talk to the Alpharetta Bankruptcy Lawyers at Hait and Eichelzer today.
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