Daniels & Rothman, P.C. Daniels & Rothman, P.C.2026-10-03T18:41:38Zhttps://www.danielsrothman.com/feed/atom/WordPress/wp-content/uploads/sites/1203634/2023/08/cropped-siteiconB-32x32.pngOn Behalf of Daniels & Rothman, P.C.<![CDATA[Downsizing often makes sense for older divorcing spouses ]]>https://www.danielsrothman.com/?p=680812026-10-02T18:45:24Z2026-10-03T18:41:38ZIn many divorces, the only financially realistic option for spouses is to sell the home and divide the proceeds between the spouses. In some cases, one spouse wants to keep the home and can afford to buy out the other spouse’s share.
While keeping the family home can be considered a “win,” it often isn’t in the long run. That can be especially true for older divorcing couples who no longer have children at home.Divorce can be an excellent time for spouses with grown children – or no children --to downsize. However, too many are still determined to fight to keep a large home that neither of them needs.
Is keeping the home a wise financial decision?
Even if the mortgage is paid off, keeping the home still requires paying property taxes, insurance premiums, homeowners’ association dues and utilities and maintenance costs. According to one certified divorce financial analyst, “If a home is going to be more than 70 percent of your net worth, you should consider whether you can really afford it.”A spouse might find the home worth keeping for other reasons besides cost-effectiveness. Maybe an older parent is living with them, so it would be difficult to downsize – especially if the home has been modified to make it more accessible for someone with mobility limitations. Maybe it’s highly convenient for work and other regular activities. Even if something like that is the case, it’s still important to consider whether maintaining the home is affordable with the anticipated divorce settlement.By selling the home or letting the other spouse buy out their share if they want it, a person who is heading toward or already in their retirement years can put the money they save by downsizing into their savings. This can help them maintain the financial stability they’ve planned for in their retirement years.Deciding whether to fight for the home as well as other valuable assets or to sell them or exchange them with their spouse for more liquid assets is a decision that is unique for everyone. By getting sound legal guidance, Georgia residents are better equipped to make the decision that’s best for them in the long run.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Can a stepparent be required to pay child support in Georgia?]]>https://www.danielsrothman.com/?p=680802026-10-02T18:43:11Z2026-10-02T18:43:11ZBlended families are very common, and many stepparents step up and step into full-time parental roles for their spouse’s children. In every practical sense, they become a child’s parent – despite not having any blood ties.
If the marriage ultimately ends in divorce, does that mean the stepparent can be ordered to pay child support?Usually, no. In Georgia, a stepparent doesn’t automatically become responsible for child support simply because they married the child’s parent and helped raise the child for a time. However, there are exceptions.
Adoption changes the relationship
If the stepparent legally adopted the child, the answer changes. Adoption makes the stepparent a legal parent, with all the associated rights and responsibilities that come with parenthood. A subsequent divorce does not change that. The stepparent would generally be required to provide support to the minor child the same as any biological parent might.
A promise can also make a big difference
Sometimes, a stepparent can also find themselves owing support because of promises they made through the legal principle known as “promissory estoppel.” Several Georgia cases have addressed this issue in various ways, providing clarification over time.In general, promissory estoppel can create an obligation to support a child when the stepparent promises to assume all parental responsibilities – but only if the child or their biological parent relied on that promise to their detriment. Agreement – such as a contract – can also create an obligation for support. Numerous divorce cases have held that a stepparent who agrees to pay child support as part of a divorce settlement or other agreement cannot later decide they don’t want the obligation. Ultimately, acting as a parent toward one’s stepchildren doesn’t automatically mean that someone will owe child support after a divorce – but the details of the situation have to be examined carefully. A skilled divorce attorney can help parents and stepparents understand when child support may be part of the divorce equation.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Will you go to jail for DUI child endangerment?]]>https://www.danielsrothman.com/?p=680772026-09-18T14:50:08Z2026-09-18T14:50:08ZJail is a possible result after a conviction
You can go to jail for DUI child endangerment. In Georgia, committing a DUI while transporting a child under 14 creates an additional offense. Prosecutors may pursue that count separately from the underlying DUI, and the court may impose a separate sentence.
A first or second child-endangerment conviction is a misdemeanor. The court may impose a jail term of as long as one year, a fine of no more than $1,000 or both. A third or later conviction is a felony that may bring one to three years of incarceration and a fine ranging from $1,000 to $5,000. These ranges set possible limits, but they do not predict your sentence.
The court may also impose consequences that can affect your daily life. Other possible penalties include:
Probation requirements: You may need to report to an officer and follow court-ordered conditions.
Community service: A judge can require unpaid work for an approved organization.
Required programs: The underlying DUI conviction may require you to complete a risk-reduction program, a clinical evaluation or recommended treatment.
Driving restrictions: The related DUI case may lead to a license suspension that disrupts your work, school drop-offs and medical appointments.
These requirements and restrictions may continue long after sentencing.
The number of children can increase your exposure
Each child under 14 in the vehicle may support a separate child-endangerment count. If three children were riding with you, one incident could produce three separate counts. Convictions on all three may place the third count within the felony penalty range.
The result may depend on the evidence, your prior record and any plea agreement reached with prosecutors. These details can affect which counts lead to convictions and what punishment the court imposes.
How you can respond to the allegations
Start by preserving the citation, bond papers and any chemical-test documents. Write down what happened while your memory remains fresh, including who occupied the vehicle and what the officer said.
These records can help an attorney assess each count, examine the traffic stop and review the testing procedures. Early legal review may also protect your ability to challenge evidence or meet a filing deadline.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[3 ways to challenge a failed breath test]]>https://www.danielsrothman.com/?p=680732026-09-14T16:44:41Z2026-09-15T16:38:36ZFailing a breath test after a traffic stop will lead to an arrest. The driver may face DUI charges, and the results of that breath test will be one of the main pieces of evidence used against them.
However, it is important to remember that a conviction is never guaranteed. There are ways to challenge a breath test. Below are three examples.
It was the wrong type of device
Often, the police have to use a certain make and model of breath test that has been approved for official use. If a police officer was just carrying an aftermarket breath test in their pocket and administered it at the scene of the traffic stop, even if the driver failed the breath test, they may be able to challenge the result because it is unclear if that make and model was accurate to begin with.
The device was not calibrated
Even when an officer is using an approved breath test, it does have to be calibrated to ensure accuracy. Routine maintenance is often necessary. If the police department neglected to perform this maintenance and calibration, the results may not stand up in court.
The officer lacked training
Finally, the officer may have made mistakes themselves that call the results into question. One common issue is if the officer was never trained on how to administer the breath test. This lack of training can lead to serious mistakes that could provide an elevated reading and cause a false positive.These are just three potential examples to keep in mind. If you are facing DUI charges, be sure you understand your defense options.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Studies show marriage age can affect odds of divorce]]>https://www.danielsrothman.com/?p=680722026-09-14T16:42:24Z2026-09-14T16:42:24ZThe odds of divorce are unique to every relationship because there are many different factors that can contribute to the end of that marriage. Some couples have a high level of conflict, for example, but not all. Others just drift apart over time.
One thing to keep in mind when considering divorce statistics, however, is the age at which the couple got married. Studies have identified 32 as the marriage age that has the lowest odds of divorce. But getting married either before or after 32 can elevate that risk.
The risk for young marriages
This risk is most stark when couples get married at a relatively young age. Their divorce odds go up by 11% for every year before 32. Technically, a couple can get married at 18, as they are legal adults. But their odds of divorce would be significantly higher than if they waited until their early 30s.
The risk for older marriages
However, simply putting off marriage does not always reduce the odds of divorce. After 32 years old, those odds start to climb again, by roughly 5% per year.There are many potential reasons why this happens. One thing to consider is that some reports indicate second marriages may have a higher divorce rate, for example, and couples who are in their late 30s or 40s are more likely to be in a second marriage.
Navigating a divorce
If you are considering the odds of divorce for you and your spouse, that may just be the first step you want to take. It is also important to ensure that you understand all of your legal rights and options as you navigate the divorce process.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[How can you protect your credit during divorce?]]>https://www.danielsrothman.com/?p=680712026-09-08T22:23:25Z2026-09-12T22:18:39Zimpact their credit.
If you’re going through a divorce, you should work to ensure that you think about how property division options can affect you now and into the future. Making this effort can help to ensure that you make truly informed decisions as your situation evolves.
How are debts divided?
Debts can be handled a variety of ways during divorce. They might be paid off before the divorce is finalized, but that’s not always possible. You may have to divide them between you and your ex. If that’s what happens, you should remember that creditors can still hold you liable for the balances of joint debts if your ex doesn’t pay, unless they’ve been transferred to one person’s name alone.
How can you protect your credit?
In most cases, paying off debts prior to divorce is the best option for protecting your credit. If that’s not possible, each person should have the debts they’re assigned moved to individual accounts instead of a joint account. This can prevent late payments from showing up on the credit report of the person who’s not responsible for the debt.
Because property division can have a profound impact on your future, you should ensure that you understand your options. Seeking personalized legal guidance can help.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[What’s required for a suspected drunk driving traffic stop?]]>https://www.danielsrothman.com/?p=680702026-09-08T22:16:15Z2026-09-08T22:16:15Zreasonable suspicion and knowing what to expect during a suspected impaired driving stop may be beneficial, in case you ever experience one.
What are some examples of reasonable suspicion?
There are many things that can signal impairment that an officer can look for while they’re on patrol. These include things like swerving between lanes or straddling the center line because those are common behaviors of a driver who’s impaired. Driving too fast or slow, failing to stop at stop signs and failing to maintain control of one’s vehicle can also lead to a traffic stop.
What happens if the officer has reasonable suspicion for a traffic stop?
If an officer conducts a traffic stop because there’s reasonable suspicion of impaired driving, they will make contact with the driver to figure out what’s going on. They may pay attention to whether the drive is slurring or has alcohol on their breath. They may also look in the vehicle to see if there are any open containers of alcohol.
In some cases, a driver may be asked to take a breath test or a field sobriety test. These are used to determine if there’s probable cause for an arrest. The standard of probable cause is higher than that of reasonable suspicion because the officer has to have evidence that suggests that the driver most likely drove while impaired.
If you’re arrested and charged with drunk driving, you should learn about your options for answering the charges. It’s best to do this quickly after an arrest, as even a single misstep can lead to an unfavorable outcome.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Marital debts must be addressed during property division]]>https://www.danielsrothman.com/?p=680592026-08-15T22:14:54Z2026-08-21T22:14:04Zdebts from one’s marriage can have a significant impact on each spouse’s financial future. As such, both parties must ensure that they understand how the division of debts can affect them so they can make decisions in their best interests.
What are options for handling marital debts?
Some marital debts may be attached to assets that are divided. For example, one’s home may have a mortgage or a vehicle may have a car payment. In those cases, each debt may be assigned to the person who gets the asset in the divorce.
Mutual debts will also generally need to be assigned to a person. Yet, even when the court orders one party to pay for a specific debt, creditors don’t have to abide by that order because they aren’t a part of the civil divorce process.
To this end, the downside to dividing debt between the parties like this is that both people can have a negative mark on their credit report if the assigned person doesn’t pay any particular debt on time. This could mean that the credit worthiness of the person who isn’t assigned to the debt can suffer.
Thankfully, it’s sometimes possible to avoid the risk of harm to one’s credit report. If there’s enough available in the marital estate to pay off the debts, neither party would have to worry about them post-divorce. Alternatively, asking a creditor to honor the transfer of a debt to one person’s name alone can protect each spouse’s financial situation more completely moving forward.
Ultimately, determining what happens to debts during property division is a process unique to each couple’s circumstances. Working with a legal professional who is familiar with these matters can be beneficial accordingly, because they can assist with exploring all options and clarifying the potential impacts of each pathway forward.]]>On 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.]]>