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Cartersville Legal Blog

Georgia community mourning death of 14-year-old pedestrian

The family of a 14-year-old boy who died after he was hit by a car is mourning his loss.

The teen was crossing Donald Lee Holloway Parkway in northwest Atlanta on Sept. 6 when he was hit by a Chevrolet Camaro. He was headed to the school bus, according to media reports. He died the following day at Grady Memorial Hospital.

How 'optimism bias' leads to accidents

The next time you see someone texting in traffic, consider what they must be thinking. Surely, they know that texting and driving causes accidents. Maybe they don't know the exact statistics, but they know that the risk of an accident goes up when they choose to do it. That doesn't stop them. Why not?

Odds are, the reason is that they think that it will not happen to them. This is often called "optimism bias" and it's something many people suffer from. They know that bad things happen, but they think someone else will suffer those negative outcomes and they'll be fine. They think the texting driver who crashes will be one lane over and the passenger who loses their life will be in another car.

Does Georgia recognize separate property?

As you move toward divorce, you may think that everything you own is owned equally by both you and your spouse. However, that's an incorrect assumption in Georgia, which is not a community property state. While you may have an equal claim to some -- but not necessarily all -- of your marital property, you may also own separate property that still belongs to just one person.

A common example of separate property is something you bought before the two of you got married. Maybe you bought the family home five years before the wedding and you lived there alone while dating your future spouse. He or she moved in after the wedding. Even if you both think of it as your home now, it may count as separate property.

How do I know if I'm paying too much spousal support?

Alimony is a sensitive topic for many people. You may feel uncomfortable with the idea of writing monthly checks to your ex-spouse, which is understandable. However, spousal support is an important part of family law that ensures the continued financial stability of a partner who earned significantly less during a marriage.

Still, your financial well-being is also important, and paying spousal support should not compromise that security. If you are unfamiliar with the spousal support process, you might not recognize when the amount is appropriate and when it should change. Here are a few things regarding spousal support that you should keep in mind.

Does being under 0.08% protect you from a DUI?

You don't want to get a DUI, and you know that the legal limit in Georgia is a blood alcohol concentration of .08%. You do still want to have wine with dinner or go out to the bar with your friends; you just want to do it in a safe manner and obey the law.

What you decide is that you're going to buy a breath test. Before getting behind the wheel, you'll test yourself to make sure you are still under .08%. Will that be enough to guarantee that you do not face charges?

Forging a strong co-parenting relationship after divorce

You and your ex-spouse might have fallen out of love. A third party might have entered the picture. The differences between you that were so endearing when you met now have irreparably harmed your relationship.

Any number of factors can lead to a divorce, but one thing always will linger from your marriage: the love that you share for your children. Why not try to put your best foot forward in your new relationship when it comes to co-parenting?

Georgia driver indicted in case of injured 9-year-old girl

A grand jury in DeKalb County, Georgia, has indicted a man who police say was driving a car that crashed into a house, causing significant injuries to a girl playing in the yard.

The 29-year-old driver, who turned himself in a few days after the March 29 crash, was captured on home surveillance video driving the car. The vehicle went airborne before crashing into the private property.

What evidence is needed to prove a forgery charge in Georgia?

You studied photos of Leonardo da Vinci's Mona Lisa, sketched it and painted your own version. It's a really good likeness of the world's most famous painting –- so good that you hang it over the fireplace of your Georgia home and stun friends who wonder if just maybe you've pulled off a great art heist. A thief you're not, but did you commit forgery by re-creating the work of the Italian master?

Not unless you represent it as a da Vinci and try to sell it. You can enjoy your masterpiece, guilt-free.

Thank millennials for falling divorce rates

Conventional wisdom has long held that half of all marriages end in divorce. Though it was true at one time, studies show that it is not accurate today. The divorce rate is now said to be around 39% here in the United States.

Though you may think this means that more people are staying together, that isn't quite how it is either. The divorce rate is falling partly because fewer people are getting married, and the ones who do make it down the aisle are more likely to stay together. Millennials, long criticized as lazy and entitled, are leading the charge. Researchers say that these new facts can provide valuable information for anyone here in Georgia, and around the nation, who is marrying or splitting up.

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Cartersville, GA 30120

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