Belinda W. Engelmann, lawyers in Roswell, GA, Georgia

FAMILY LAW

While I always strive for a reasonable settlement and try to avoid the financial and emotional cost of trial, I am often called upon to appear in Court in complicated domestic litigation. I frequently appear in Court inFulton, Cobb, Gwinnett, DeKalb Cherokee, Forsyth, and Dawson Counties.

TYPES OF DOMESTIC CASES

Divorce - I represent Petitioners (the person filing the divorce) and Respondents (the person responding to the divorce complaint). Whether representing the Petitioner or the Respondent, I file the pleadings, attend all hearings and conferences, and advocate vehemently on your behalf. When possible, I resolve the financial matters and custody issues through mediation or negotiated settlement between the opposing counsel and myself. When no agreement can be reached, I prepare thoroughly to present your case to the Court for resolution. In some cases, I select expert witnesses to present testimony on financial matters or testimony on who should be awarded custody. The direction your case takes will depend on the decisions you and I make; however, at times, you and I will not be able to determine the direction of the case due to the actions of your spouse or the Court. No matter which direction your case follows, settlement or litigation, I will provide you caring emotional support and experienced legal representation.

Child Custody - I represent clients who file motions after the divorce judgment is entered and defend those motions to resolve custody issues. At times after the divorce decree is entered, one party or the other will need to file a motion to modify custody from one parent to the other, to change visitation, or to hold the other party in contempt for violating the provisions on custody in the divorce decree. At times, I ask the Court to appoint a Guardian Ad Litem (an attorney who represents the best interest of the child) or a psychologist (a professional trained to test the parties and the child and provide a custody evaluation). I advocate for my client during the litigation while taking into consideration the needs and best interests of the child.

Child Support - I represent Petitioners and Respondents in motions to modify child support upward or downward after the divorce decree is entered. The child support guidelines change significantly in June of 2006. Many parties obligated to pay child support may benefit by filing for a modification of child support. In the event the party obligated to pay child support fails to fulfill the obligation, I file a motion for contempt seeking relief, such as that the obligation be paid immediately, that the delinquent party be incarcerated until the obligation is paid, that an income deduction order be entered, and/or that the delinquent party pay the attorney's fees for the moving party. In situations where an income deduction order is not in place, it may be necessary to obtain one so that child support is automatically deducted by the employer, forwarded to the Family Registry, and then to the parent receiving child support. I can advise you on your rights as to receiving and paying child support and handle any action to modify or enforce child support.

Alimony - Whether there will be payment of alimony is determined in a divorce decree; however, there are situations where modification of alimony is appropriate. I can file a motion to modify alimony for you when it is beneficial to you. Other times, when alimony is not paid as ordered, I can file a contempt action for you. Whether I file or defend a motion to modify or to enforce alimony, I utilize the skill and knowledge of many years of family law experience to advise you and advocate on your behalf.

Separate Maintenance - Georgia law provides for an action for separate maintenance to obtain spousal and child support. This action is seldom used or applicable as divorce is usually the means for obtaining support; however, I can assess your situation and explain whether an action for separate maintenance would be useful in your particular situation.

Antenuptial Agreements - Georgia law references the term "antenuptial agreement" for what is commonly known as a prenuptial agreement. A prenuptial agreement is a contract entered into prior to a marriage by the parties to the marriage to determine in advance of the marriage the effect that death or a divorce would have on the property of the parties. Other issues that are sometimes handled in a prenuptial agreement are alimony, child custody and support issues. Antenuptial agreements can also be entered into after the marriage in which case they are then known as postnuptial agreements. I am experienced in preparing antenuptial agreements and reviewing those prepared by attorneys representing the other party. I will help you decide how the agreement protects or limits your rights under Georgia law and whether one is needed in your particular situation.

Adoption - I handle adoptions between parties who have agreed that the biological parents want to terminate their parental rights to a child and the other parties want to adopt the child. In some situations, it may be an adoption by a step-parent. In some situations, the parental rights of a parent are terminated by a court rather than a voluntarily release of the rights to the child by the biological parent. Whether termination is voluntary or by court action, I can handle the adoption for you so that you can rest assured that the adoption will be filed timely and faultlessly. At times, a child from another state is adopted in Georgia by Georgia parents. In that circumstance, I will coordinate with an attorney from the state of the biological parents to see that all documents required by both states are properly executed and filed.

Domestic Violence - I am experienced in litigating cases in which domestic violence has occurred. If needed, I will help you obtain a temporary restraining order to help protect you and your children from an abusive spouse. In rare cases where a spouse obtains an ex parte temporary restraining order against you which is groundless, I will help you have the temporary restraining order dismissed. I also file divorces involving domestic violence and advocate for the victim of the violence, keeping the court apprised of the special needs of the victim and the children of abuse on custody and visitation issues. I understand the psychological dynamics between the abuser and the victim after many years of training and experience with cases involving the battered wife syndrome.

Legitimation - I represent fathers of illegitimate children to establish their rights to have their child inherit from them and they to inherit from their child. In a legitimation action, the father may also request custody and visitation rights. The court will determine the issues of custody and visitation based on the best interests of the child. I also represent mothers in defense of such actions.

Paternity - I represent mothers of illegitimate children in paternity actions to establish through blood tests or DNA tests the identity of the biological father. Once the identity of the biological father is established, I help the mother to obtain child support. In some circumstances, an action by the mother for paternity results in an action for legitimation, custody, and visitation from the father. In those instances, I represent the mother in either obtaining a settlement of the issues or in litigating the matter. I also represent defendants of paternity actions.

Common Law Marriage - Common law marriage was abolished in Georgia January 1, 1997. However, parties who were living together and holding themselves out as husband and wife prior to common law marriage being abolished may still have a common law marriage. In such instances, a divorce may be necessary to dissolve the marriage and divide marital property. If one party disputes that the elements of common law marriage exist, that party may ask the court to determine that there is no common law marriage. If the court rules that there is enough evidence that a common law marriage exists, then the case will be submitted to the court or to a jury to rule on the question of whether there is a common law marriage and, if so, how the property will be divided under the divorce statute. When the common law marriages that existed before 1997 that are "grandfathered in" are no longer in existence, there will be no more actions involving common law marriage in Georgia. Anyone living with a partner after 1996 has no action for common law marriage. I have represented clients in cases involving common law marriages.

Attorney's Fees - Many times, the party who will pay attorney's fees is determined by the court in a divorce or other family law case. However, at times attorney's fees are tried after the underlying case is tried. Sometimes, the court decides the issue on briefs submitted by the attorneys in the case and other times, the court hears argument of counsel and witness testimony before determining who pays attorney's fees. In most instances, courts do not order one party to pay all of the other party's attorney's fees; however, in some cases, a court may order one party to pay some of the fees charged by the opposing attorney. I have represented parties in attorney's fees hearings and submitted briefs outlining the statutes and equitable arguments that support an award of fees or that support a denial of attorney's fees and have been successful on both sides of the issue.

TYPES OF RESOLUTION

Mediation - At times parties will seek to resolve issues, such as custody and visitation issues that arise after the divorce decree by hiring a mediator prior to filing a lawsuit in an effort to resolve their conflicts out of court. Other times, parties file an action such as a divorce and seek to mediate the entire case rather than to litigate it. I encourage my clients to participate in mediation when it is likely to resolve the issues in the case since parties are more willing to honor the terms of an agreement if they decide the terms. In a limited number of cases, mediation is not a preferable means of resolution, perhaps because of psychological dynamics in which one party has more power or one party is easily intimidated by the other party's more controlling and explosive personality. In those instances, I attempt resolution by negotiating with the other attorney; however, if that fails, I am experienced and capable of litigating the case.

Negotiated Settlement - In some cases, due to the dynamics of the relationship between the parties, it is more fruitful to have the attorneys for the parties communicate between themselves as to possible means of settlement. In all negotiated settlements, my client decides to which terms they will agree. The final decision is always my client's decision; however, I make recommendations based on my years of experience, my observation of what a court is likely to order, and on what terms the other party is likely to concede at the advice of the opposing attorney. I exert all efforts to obtain an agreement that will be favorable to you. However, at times, the parties will be unable to reach an agreement due to the distance in their positions. In those instances, I am capable of litigating the matter if neither party will move from their position and trial is the only remaining option.

Litigation - When mediation and negotiated settlement between the attorneys is not possible due to non-agreement by the parties, the method of final resort is to litigate the case either before a judge or a jury. Georgia, unlike all other states, still provides a jury to hear the case if either of the parties demands a jury trial. Jury trials are more expensive and are more the exception than the norm for trying a case, but in the case where a jury trial is demanded, I will paint your case in its best light to the jury. I have experience in trying cases before a jury or a judge.