Other Legal Services

Restraining Orders/TPOs

Restraining Orders/TPOs

In some cases, a spouse, former spouse, or parent may be in legitimate fear for their safety based on the actions or threats of violence from someone in their current or former family. If you are in this situation, we can help you proceed in obtaining a restraining order or can represent you in defending against a restraining order petition.

Temporary restraining orders can provide a variety of relief for a party who can successfully prove that an act of family violence has occurred in the past and is likely to occur in the future. In such an instance, the Court may restraining the offending party from committing future acts of family violence or otherwise harassing or interfering with the victim, granting the victim exclusive use and possession of the family residence or requiring the offending party to provide alternate housing to the victim and children, awarding temporary custody to the victim, and awarding temporary financial support to the victim.

In some cases, parties may try to obtain a temporary protective order or restraining order when they are unjustified in doing so in order to gain an advantage in litigation involving child custody, such as a divorce. If a temporary protective order is pending against you, we can help you defend yourself against any unjustified claims.

Mediation

Mediation

Most family law cases are resolved through agreement of the parties. Sometimes the parties and their attorneys are able to negotiate to resolve all issues without any assistance. In other cases, the attorneys turn to the Alternative Dispute Resolution (ADR) process to reach a similar result.

Mediation is the most frequent method employed by the attorney's at Hackett & Wine to resolve family law matters by agreement of the parties. Mediation is a confidential, informal session where the parties and their attorneys meet with a neutral and independent third party, or mediator. The mediator is often a family law attorney as well, but does not serve as either party's counsel for purposes of the mediation. The mediator may serve as a message carrier and may provide input as to what he or she believes a Judge may do given the facts of the particular family law case. However, the mediator does not have the authority to make any decision or order that binds the parties-the parties must agree on their own in order for an agreement or settlement to become binding on them.

Many metro-Atlanta courts require parties to mediate prior to permitting them to have a trial addressing the issues in their case. In addition, many litigants voluntarily submit to mediation because it is an effective and generally productive tool for helping parties reach an agreement. A successful mediation often results in less attorney's fees for the parties and in an outcome that both parties can live with in the long term.

At Hackett & Wine, LLC, we will advocate for every client through the mediation process. Our firm also has knowledgeable attorney's that serve as domestic mediators in all metro-Atlanta counties.

Guardian ad Litem

Guardian ad Litem

A Guardian Ad Litem meets with the parties and children to a family law action such as a divorce or a modification, interviews third parties who have knowledge of each party's parenting style, and makes a proposal to the Court about an appropriate custody and visitation schedule for the parties' children. At Hackett & Wine, LLC, we have extensive experience working with various Guardian ad Litems in contested custody situations. Our attorneys also serve as Guardian ad Litems throughout the metro-Atlanta area, by appointment of judges and consent of other domestic lawyers.

Most cases involving Guardian ad Litems have multiple and complex custody issues. Many times the Guardian ad Litem must research and make recommendations about how best to deal with the special needs of a child or children, substance abuse on the part of one or both parents, sexual or physical abuse of a child or children, or mental illness of one or both parents or the children at issue in the case.

At Hackett & Wine, LLC we can guide you through what information to present to a Guardian ad Litem so he or she can fully understand your particular custody situation and can make a recommendation that is best for your family and most importantly, your children.

Prenuptial & Postnuptial Agreements

Prenuptial & Postnuptial Agreements

Prenuptial or antenuptial agreements and postnuptial agreements are the most effective tool in eliminating or reducing the subjectivity of an estate during the course of and after a divorce. Either agreement can specifically designate what property each spouse or potential spouse will receive in the event that they divorce at some time in the future. Prenuptial or antenuptial agreements are agreements that are executed by two people prior to their marriage. Postnuptial agreements are executed by a couple sometime after their marriage. In Georgia, the most important part of drafting an enforceable pre or post-nuptial agreement is ensuring that each of the spouses have disclosed, in writing, all of their financial affairs including assets and debts. That complete disclosure needs to be attached to any prenuptial or postnuptial agreement in order for a court to determine that it should apply and be binding if the spouses later decide to divorce.