Daniels & Rothman, P.C. Daniels & Rothman, P.C.2026-08-15T22:12:53Zhttps://www.danielsrothman.com/feed/atom/WordPress/wp-content/uploads/sites/1203634/2023/08/cropped-siteiconB-32x32.pngOn Behalf of Daniels & Rothman, P.C.<![CDATA[What does equitable distribution during a divorce entail?]]>https://www.danielsrothman.com/?p=680582026-08-15T22:12:53Z2026-08-15T22:12:53ZWhat is equitable distribution?
Equitable distribution rules require that judges pursue a fair property division settlement during a divorce. What is fair and just depends on a variety of unique factors about the marriage and the spouses.
The age and health of the spouses, the length of the marriage, the contributions of each party and even the standard of living during the marriage can influence what a judge believes is fair and appropriate. Typically, any income earned during marriage and all assets acquired with marital income are part of the marital estate and could be subject to division during the divorce.
Judges have the authority to order the liquidation of assets in some cases. They can allocate specific assets to each spouse. They can even use responsibility for debts as a way to balance the distribution of shared property. Equitable property division litigation can be an unpredictable process, as it can be difficult to gauge how a judge might perceive the situation and interpret the law in any individual case.
Reviewing marital assets and debts with an experienced divorce lawyer can help people understand what is divisible, identify realistic goals and manage property division negotiations. Effective legal guidance can make it easier for people to establish a financial foundation for a happier future after a divorce.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Can a negative blood test weaken a Georgia DUI case?]]>https://www.danielsrothman.com/?p=680572026-07-28T11:19:18Z2026-07-28T11:19:18ZImagine agreeing to a blood test after an arrest for driving under the influence (DUI), then learning weeks later that the result came back under the legal limit. It feels like the case should end there, but a low reading does not always close the matter. Understanding that distinction shows you where the fight may still lie.
How a negative result can undermine a DUI per se charge
Georgia lets prosecutors pursue a DUI in two ways. The first, a per se charge, rests entirely on a blood alcohol concentration (BAC) of .08% or higher. When a blood test lands below that limit, the number this count depends on generally disappears. Because the charge rises or falls on one valid reading, the collection and handling of your sample, along with the procedures that affect its accuracy, sit at the center of the case.
Why a DUI less safe charge may remain without chemical proof
The second path, a less safe charge, does not depend on any specific BAC. Prosecutors argue that alcohol or another substance left you less safe to drive, whatever a later test shows. So a negative blood result may weaken the state's position without ending it. The less safe count can move forward on other proof, so a favorable number is not the final word.
What evidence officers may rely on after a negative result
Without a qualifying reading, an officer's account carries much of the weight. That often includes your driving pattern, the smell of alcohol, slurred speech and performance on roadside field sobriety tests. TThose tests can read as convincing, yet they are far from certain; one recent investigation found that standardized field sobriety tests can wrongly flag sober people, with false-positive rates reported near 26%. Age, injuries, nerves and even weather can nudge a sober driver toward apparent failure.
How reports and police video can expose conflicting evidence
When a case leans on observation instead of a number, the written report and any dashboard or body camera video become vital. Footage sometimes reveals steadier movement, clearer speech or safer driving than the report describes. Gaps between what an officer wrote and what the camera captured can raise real doubt.
Why the full evidence record matters before the case moves forward
A single test result seldom tells the whole story, so the strongest response weighs everything together. Blood samples, calibration records, dispatch logs and video can each change how a charge holds up, and some of it fades or is overwritten over time. Requesting and preserving the complete file early gives you the clearest view of your options. A defense attorney can study that record and show where a negative result helps you most.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[How can adultery affect alimony in a Georgia divorce?]]>https://www.danielsrothman.com/?p=680562026-07-28T10:42:43Z2026-07-28T10:42:43ZFinding out a spouse has been unfaithful can reshape the financial side of a Georgia divorce, not just the emotional one. Many assume cheating decides who pays and who receives support, but the reality is more layered. Georgia treats adultery as one of the few forms of misconduct that can completely block a spouse from collecting alimony, though only when specific conditions line up. Knowing those conditions helps you see where you stand before a judge weighs support.
What conduct may qualify as adultery under Georgia law
Under Georgia law, adultery means a married person voluntarily having sexual intercourse with someone other than their spouse. Emotional affairs, flirtatious messages or close friendships usually do not meet that definition, even when they feel like betrayal. The rule applies whether the outside relationship was heterosexual or same-sex. What a court can prove matters more than the label.
Why the affair must have caused the marital separation
Georgia law may prevent a spouse from receiving alimony if that spouse’s adultery caused the couple to separate. States differ on how they consider fault when setting alimony, but Georgia’s rule applies to the spouse asking for support. If the spouse expected to pay alimony had an affair, the court does not automatically increase the award.The reason for the breakup matters. If the marriage was already ending because of another issue, adultery may not block alimony. Courts examine the timeline and the cause of the separation under Georgia’s spousal support rules.
How evidence can establish adultery and its role in the breakup
Georgia rarely sees direct proof of an affair, so most cases rest on circumstantial evidence. Phone records, financial transactions, messages and witness accounts can together suggest opportunity and intent. The spouse raising the issue must prove it by a standard courts describe as more likely than not. That proof usually needs to show two things: that the affair happened and that it drove the couple apart.
When reconciliation or post-separation conduct may change the analysis
Timing and forgiveness can both reset the analysis. If a couple learns of an affair and then chooses to reconcile and resume married life, Georgia may treat the conduct as forgiven, removing it as a reason to deny support later. A relationship that begins after the spouses have already separated generally carries less weight, since it did not cause the split.
Why the full marital timeline matters before alimony is resolved
Because Georgia ties the alimony bar to cause, the whole arc of a marriage becomes relevant, not just a single betrayal. When the infidelity started, how the couple responded and what ended the relationship can each shift the outcome. Building an honest timeline gives you a realistic sense of how support might play out. Adultery can change an alimony case, but only within the full story of how and why the marriage ended.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Preparing a budget in advance of divorce]]>https://www.danielsrothman.com/?p=680552026-07-21T19:58:13Z2026-07-21T19:58:13ZDivorce involves, in part, preparing for significant financial changes to one’s circumstances. As such, one of the most valuable steps you can take before filing or responding to a divorce petition is creating a realistic budget.
Understanding your income, expenses and financial priorities can help you make informed decisions throughout the process and minimize uncertainty about how your life will begin to unfold after your divorce is finalized.
Getting started on a new life, with new financial parameters
Begin by identifying your current monthly income from all sources. This may include wages, bonuses, self-employment income, investment earnings or other regular payments. Next, make a detailed list of your household expenses. Housing, utilities, groceries, transportation, insurance, childcare, medical costs, debt payments and discretionary spending should all be included. The more accurate your budget, the better prepared you will be.It is also important to think beyond your current living situation. After a divorce, your expenses may change considerably. You may need to budget for a new residence, separate utility accounts, health insurance, additional transportation costs or child-related expenses that were previously shared. Estimating these future costs can provide a more realistic picture of your upcoming financial needs.A well-prepared budget is not just a planning tool—it can also help you establish realistic expectations related to your settlement negotiations. Knowing what you need to maintain financial stability allows you to make more informed decisions regarding property division, support and other financial issues.An experienced legal team can help you understand how budgeting fits into the broader divorce process and identify financial considerations you may not have anticipated. Connecting in this way – and sooner, rather than later – can help you to minimize stress, improve decision-making and help lay the groundwork for a more secure financial future once your marriage is officially over. ]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[When can repeat DUI convictions result in felony charge risk?]]>https://www.danielsrothman.com/?p=680532026-07-18T19:34:20Z2026-07-18T19:34:20ZA fourth DUI can be a felony
Those who struggle with substance abuse may continue to drink or use other mind-altering substances even after facing legal consequences. Recidivism, or committing the same crime multiple times, is a common issue.
Typically, without other aggravating factors present, a driver is only at risk of a felony DUI charge if they have at least three prior convictions. However, even with three prior offenses, a fourth charge could potentially be a misdemeanor offense. The four charges must occur within a decade for prosecutors to have grounds for a felony charge.
The history of a motorist and the frequency with which they get arrested for DUI offenses influence the likelihood of a felony charge. The penalties for a felony DUI offense include between $1,000 and $5,000 in fines, between one and five years in prison, a lengthy driver's license suspension and possibly community service obligations.
Anyone facing felony DUI charges is at risk of significant penalties and a record that could affect them for life. Working with the criminal defense attorney can help people understand the state's case and explore different defense strategies accordingly.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Why do you have to refinance your mortgage after divorce?]]>https://www.danielsrothman.com/?p=680522026-07-14T14:10:38Z2026-07-14T14:10:38ZIf you decide to keep your house after a divorce, as you go through the property division process, it may be necessary to refinance your mortgage. This only applies if you already have an outstanding mortgage on the house, of course, and not if you own it outright.
The reason for this is that anyone who has signed onto a mortgage is legally responsible for paying it back. So if you and your spouse took out the mortgage together, you both share this responsibility.Even if you get divorced, that liability remains. Your mortgage lender does not care if you are married or not. They do not care who lives in the house. As such, the best way to remove your ex's responsibility for future payments is often to refinance the mortgage into your own name.
Can this be challenging?
Yes. It can certainly be challenging to qualify for a mortgage on one income if you initially qualified on two.This can be a hurdle that people run into when they fight for the right to keep the house during property division. You may be tempted to give up other assets that you own, thinking your home is one of your most valuable assets. But it may be worth talking to mortgage lenders to determine if it is even going to be possible for you to get a new home loan independently after your marriage has dissolved. If not, it may actually be in your best interests not to keep the house, especially if you have to give up other marital assets to do so.
Navigating property division
Determining what to do with the home is just one aspect of property division in Georgia. As you and your spouse go through a divorce, be sure you are well aware of your legal rights.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Do you have to answer questions during a traffic stop?]]>https://www.danielsrothman.com/?p=680512026-07-14T14:09:46Z2026-07-14T14:09:46ZNo, you typically do not have to answer questions during a traffic stop in Georgia. You do still have the right to remain silent. This applies to you, as the driver of the car, and to any passengers who may be in the vehicle with you.For instance, the officer may come up to your window and ask you if you have had anything to drink that day or if you know why they pulled you over. They may just be fishing for an admission of guilt so that they can make a drunk driving arrest. But you are not obligated to answer those types of questions, and you can politely decline.
Do you have to identify yourself?
Yes, if you are driving a vehicle, you are obligated to provide identification to the officer. If they ask, you should give them your driver's license, registration and proof of insurance.But it is very important to remember that this is generally where your obligation ends. People sometimes believe that they can get themselves out of the situation by talking to the police. But you are not going to talk your way out of a drunk driving arrest. All you do is run the risk of accidentally incriminating yourself.You should still strive to be polite to the police officers, and there is no need to escalate the situation. But it is also important to be aware of your rights. The police cannot force you to answer questions that may incriminate you. If you are arrested, you also have the right to an attorney.
Your legal defense options
After a traffic stop, you could find yourself facing charges. These could be quite serious, especially if they include drunk driving allegations. Be sure you know exactly what defense options you have at this time.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Can a first-time Georgia DUI carry lasting consequences?]]>https://www.danielsrothman.com/?p=680502026-07-09T15:50:48Z2026-07-09T15:50:48ZAuto insurance rate hikes
A drunken driving conviction labels you as a risky individual to insurance carriers. Most drivers face intense insurance rate hikes after convictions. Not only that, you may experience policy cancellations from insurance carriers that refuse to cover you. High-risk drivers may need to seek premium non-standard insurance due to their record.
To reinstate your driving privileges, Georgia requires you to complete an approved risk reduction program and pay a reinstatement fee. Your insurance company will likely subject you to increased premiums for years.
Permanent records
A first-ever DUI (or first one in 5 years) for drivers over 21 usually results in a one-year license suspension. While you may recover your license after 120 days for completing an approved risk reduction program, the slate is not clean. A conviction will stay on both your criminal and driving record permanently.
In Georgia, if you reoffend within a 10-year time span, the court may treat you as a repeat offender. This decade-long lookback period puts you at higher risk for harsher penalties.
On the other hand, even a first-time DUI will stay on your criminal record in Georgia permanently. You cannot expunge a drunken driving offense once convicted. Unless your DUI charge resulted in an acquittal or dismissal, you cannot even restrict your record.
Long-term court sentencing
First-time offenders face court sentences that last months. With aggravated factors such as child endangerment or very high BAC, you can face prison sentences reaching 5 years. The court will also require you to undertake mandatory probation and community service.
Not only that, while Georgia courts strictly mandate multiple specific penalties for a first-time conviction, you can face even steeper penalties. You may be required to wear a mandatory Ignition Interlock Device on subsequent offenses.
Minimizing harm
A single conviction for drunken driving can spell harm to your finances, time and credibility. Navigating the complexities of DUI convictions is much easier with legal counsel. Consider seeking a professional in Georgia to represent you and advise your best legal pathways.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[How parents can modify outdated custody orders]]>https://www.danielsrothman.com/?p=680482026-06-30T02:55:29Z2026-06-30T02:55:29ZIt depends on whether parents can agree
Custody orders are enforceable court orders that parents have an obligation to uphold. Modifying the existing order requires going back to court. Informal arrangements between parents are not enforceable in the same way that a custody order typically is.
Parents can modify their custody orders through mutual agreement. They decide what changes are necessary and then submit paperwork to the court. The judge can then approve any changes that they agree are in the best interests of the children.
When parents cannot agree on custody modification terms, they may need to return to family court to make their cases. A judge can rule on disputed custody adjustments. They determine what changes are likely to be beneficial for the children and if any official modification of the existing order is necessary.
Both cooperative and litigated custody order modifications typically require the assistance of a child custody attorney. Having experienced legal guidance to handle court paperwork and present the case to a judge can increase the likelihood of success when updating a custody order is necessary for family stability.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[3 important facts about per se DUI charges in Georgia]]>https://www.danielsrothman.com/?p=680462026-06-26T12:48:48Z2026-06-26T12:48:48Z1. Different drivers have different limits
There are three distinct per se limits that apply in Georgia. Most adult drivers are subject to a 0.08% limit. Commercial drivers are subject to a lower 0.04% limit. Underage drivers can face DUI charges for a BAC of 0.02% or higher.
2. There is no per se drugged driving limit
The per se limits that exist reflect medical consensus about when alcohol causes impairment. There are dozens of different drugs, including prescription medications, that can affect driving capability. The law does not include any per se limits for drugged driving.
3. Proof of impairment is not necessary
When the state pursues a per se DUI charge against a driver, the prosecutor does not need proof that the alcohol in the driver's bloodstream affected their driving. They only need to convince the courts that the defendant had a BAC above the limit that applies to them.
Defense strategies can be substantially different in per se cases due to what the state must prove to secure a conviction. Working with a criminal defense attorney is important for those who want to avoid DUI convictions. A lawyer can review the evidence at issue, and help defendants explore their options accordingly.]]>