Daniels & Rothman, P.C. Daniels & Rothman, P.C.2026-06-30T02:55:29Zhttps://www.danielsrothman.com/feed/atom/WordPress/wp-content/uploads/sites/1203634/2023/08/cropped-siteiconB-32x32.pngOn 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![CDATA[How parents can modify outdated custody orders]]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.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Are DUI checkpoints legal in Georgia?]]>https://www.danielsrothman.com/?p=680452026-06-16T18:53:31Z2026-06-17T18:53:13ZYes, DUI checkpoints can be used in Georgia. These are often referred to as sobriety checkpoints, and it is legal for law enforcement to set them up. They generally do need to inform the public of when and where these checkpoints will be in operation prior to using them.At a checkpoint, it does not mean that every driver has to go through an extensive interaction with law enforcement or take a breath test. Often, the police will just briefly interact with drivers and pull aside any that they suspect may be impaired.
Can you avoid the checkpoint?
Yes, you can avoid the checkpoint if you would rather not deal with law enforcement, whether you have been drinking or not.First and foremost, if the checkpoint schedule has been published, you may just make a note of where it is located and set up your route to avoid it. There is absolutely no law mandating that you have to go through the checkpoint just because the authorities have decided to use one.But even if you are unaware of the checkpoint until you see it ahead of you, you can typically take steps to avoid driving through it. You just have to make sure that they are legal. Performing an illegal U-turn to avoid the checkpoint could still get you pulled over, for instance, while simply making the next legal right-hand turn should not be an issue.
Are you facing DUI charges?
Whether you were pulled over during a traffic stop or at a DUI checkpoint, if you are facing impaired driving charges in Georgia, be sure you know what legal defense options you have.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Telling kids about divorce: 3 key tips]]>https://www.danielsrothman.com/?p=680442026-06-16T18:50:44Z2026-06-16T18:50:44ZYour children are going to need to know about your upcoming divorce at some point. You likely do not want to have this conversation with them until you are sure you are going to get divorced, but at that point, they are going to have a lot of questions and will need to know more about what the future looks like.
Many parents are naturally worried about having this conversation and want to make sure that it goes smoothly. As such, here are three tips to keep in mind.
Focus on an open dialogue
Remember that the conversation should be a dialogue between you and your children. Let them voice their concerns or ask questions. Give them a chance to participate and show them that their voices are heard.
Focus on stability
Often, children will have questions about what life will look like after the divorce. They may wonder who is going to stay in the house with them or take care of them. It is important to give them this information, keep consistent routines and work to make sure they feel like they are in a stable and secure environment.
Do not take sides
In no way should parents force children to take sides or choose between their parents. Ideally, parents themselves should not even express any level of blame. Instead, it is wise to focus on creating a united front, telling the children that you both still love and support them, and keeping them insulated from the adult conflicts that may have caused the divorce.As you go through a divorce and the child custody process, be sure you understand all of your legal rights.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Will you lose your license after a DUI?]]>https://www.danielsrothman.com/?p=680412026-06-05T11:56:31Z2026-06-08T11:54:28ZBeing arrested for a DUI can be overwhelming. One of the biggest concerns many people have is whether they will lose their driver’s license.
For most adults, having a driver’s license is essential for work, shopping and transporting their children to activities. A DUI conviction can come with several penalties, but losing your license isn’t a foregone conclusion.
Two separate proceedings
After a DUI arrest, you may face two different processes:
Criminal court, where the judge determines whether you’re guilty of DUI
Administrative License Suspension (ALS) hearing by the Georgia Department of Driver Services (DDS), which can take action against your driver’s license, regardless of what happens in the criminal court.
Because these proceedings are separate, it’s possible to face a temporary license suspension even before your criminal case is resolved.When a person is arrested for DUI, the officer may confiscate the driver’s license and issue a temporary driving permit. The driver then has a limited amount of time to challenge the suspension or seek administrative relief.Whether you lose your license after a DUI conviction depends on factors such as your age, driving record and whether this is your first offense.Repeat offenses generally lead to longer suspension periods. Additionally, drivers under the age of 21 may face stricter penalties due to Georgia’s zero-tolerance policy forunderage drinking.In some situations, a driver may qualify for limited driving privileges that allow them to travel to work, school, medical appointments or other approved destinations. Eligibility depends on the specific circumstances of the case. Not every driver qualifies, and the requirements can be complex.Even after the suspension period ends, the individual may need to take additional steps to get their license restored. They may be required to:
Complete a DUI education program
Pay reinstatement fees
Install an ignition interlock device
All of these requirements add to the time and expense of regaining full driving privileges.If you have beenarrested for DUI, it’s crucial to act quickly. There are deadlines that can affect your ability to challenge a license suspension. Your first step should be to speak with a legal representative. They can evaluate the facts of your case, explain your options and help protect your ability to drive.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[How Georgia divides property in a high net worth divorce]]>https://www.danielsrothman.com/?p=680432026-06-05T19:44:39Z2026-06-05T19:44:39ZGeorgia divides property fairly, not equally
In Georgia, courts do not divide marital property equally by default. The goal is a fair outcome based on the specific circumstances of the marriage, including each spouse's contributions and what each party will need going forward.
For instance, if one spouse left a career to raise children while the other built a business, a judge may award the non-working spouse a larger share of the marital estate to reflect that sacrifice and their reduced earning capacity.
Not all assets are treated the same way
In Georgia, assets that either spouse acquired while married are typically part of the marital estate, even if the title lists only one name. Gifts and inheritances received within the marriage are an exception and remain separate. Also, property owned before the marriage typically stays with the original owner.
This gets more complicated in high net worth cases. If either spouse mixed a separate asset with marital funds, a court may treat it as marital property. Furthermore, if a separate asset grew in value due to marital contributions, the court can divide that appreciated portion, while the original separate property remains with its owner.
Offshore accounts or complex investment structures
Each of these requires careful analysis to determine its true value under Georgia law, and overlooking any one of them can significantly affect your final settlement.
High stakes require the right approach
The way a court divides property in a high net worth divorce can have lasting tax consequences and shape your financial position for years. Working with a family law attorney who understands complex asset valuation and negotiation can make a significant difference in your outcome.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Community property vs equitable distribution: what’s the difference?]]>https://www.danielsrothman.com/?p=680402026-06-05T11:54:06Z2026-06-05T11:54:06ZA concern among divorcing couples is how property will be divided. Two terms often heard are “community property” and “equitable distribution.”
Both systems govern how property is divided during a divorce, but they operate differently. Understanding the distinction can help people know what to expect if their marriage ends and help ensure they get what they are rightfully entitled to.
Two different approaches
Community property considers most assets and debts acquired during the marriage as jointly owned by both spouses. When the marriage ends, all marital property is divided equally, with each spouse receiving 50 percent.Georgia is not a community property state. Instead, it follows the doctrine of equitable distribution, which seeks to divide property fairly rather than have each spouse receive 50 percent.When determining equitable division, courts look at several factors, including:
Length of marriage
Each spouse’s financial circumstances
Contributions to the marriage
Future earning potential of each spouse
As a result, one spouse may receive a larger share of the marital assets if the circumstances warrant it.Before property can be divided, the court must determine whether the asset is marital or separate property. Anything acquired during the marriage is generally considered marital property. This can include homes, retirement accounts, bank accounts, real estate or a business.Separate property may include assets owned before the marriage, as well as property one spouse receives, such as an inheritance or gifts. However, separate property can sometimes become partially marital. For example, aninheritance received by one spouse is deposited into a joint account or used to improve the family home. Or, a 401 (k) one spouse started before they were married can be partially marital due to contributions made throughout the marriage.Determining the classification of property is often one of the most contested issues in a divorce.The distinction between community property and equitable division can impact the outcome of a divorce. For example, in a community property state, marital assets worth $200,000 would generally be divided so that each spouse receives $100,000. But equitable distribution offers more flexibility as courts consider the unique facts of each marriage.Property division can have long-term consequences on your financial security. A legal professional can help you understand your rights and pursue a fair outcome.
]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Why many spouses work toward uncontested divorces]]>https://www.danielsrothman.com/?p=680382026-05-21T17:46:57Z2026-05-24T17:45:34ZWhat are the potential benefits of uncontested divorce?
Spouses who file uncontested divorces leave nothing to the discretion of a judge. They have total control over their custody arrangements and the division of their property. Their out-of-court settlement also protects them from the forced financial disclosure that occurs during the discovery process of a divorce.
By reaching their own economic arrangements, spouses can avoid the legal requirements to submit inventories of their assets and debts to the courts as part of the divorce process. They can also make the entire process simpler and more accessible.
The overall level of conflict may be lower as they try to work with each other instead of fighting against one another, which can be valuable for those with years of co-parenting ahead of them. The uncontested divorce process also tends to be faster and therefore less costly than litigated divorce proceedings.
While reaching terms for an uncontested divorce often requires weeks of effort, many spouses ultimately find that it is worth the effort. Reviewing current disputes and other details about a divorce with a skilled legal team can help people determine if an uncontested divorce is possible and what compromises might be necessary to achieve it.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[Breath tests before driving don’t eliminate DUI risk]]>https://www.danielsrothman.com/?p=680372026-05-21T17:44:03Z2026-05-21T17:44:03ZInaccurate results can give false confidence
The main issue with relying on a personal breath test unit to validate the legal ability to drive is the risk of the test results being inaccurate. People who don't routinely calibrate their devices rely on totally inaccurate results and could fail a breath test after getting pulled over by a police officer. Even devices maintained by businesses may not undergo routine calibration to ensure accurate results.
Additionally, the sooner after drinking someone tests themselves, the less likely the results are to be accurate. A person's blood alcohol concentration (BAC) may continue rising for an hour or longer after they finish drinking. When an officer pulls them over later, the results of the test could be much higher than the test they performed before leaving the establishment.
Understanding the limitations of personal breath tests can help people reduce their risk of DUI charges. Yet, if a prior test showed a driver was under the legal limit and they have been arrested anyway, they may want to discuss the situation with an attorney, who may be able to help fight their pending DUI charges.]]>On Behalf of Daniels & Rothman, P.C.<![CDATA[3 common financial concerns during gray divorces]]>https://www.danielsrothman.com/?p=680202026-05-06T15:29:18Z2026-05-07T15:26:10ZGray divorces are more common now than they were a few years ago. Older couples who have stayed married for years are now at relatively high risk of divorce. Decreases in social stigma, increases in life expectancy and changes in what people expect from their spouses all contribute to the rise in gray divorce.
Some people are still anxious about gray divorce due to the practical implications. Those preparing for divorce later in life likely have several financial issues that generate anxiety, including the three common concerns below.
1. Splitting retirement resources
Retirement savings accounts may not yet be eligible for standard withdrawals if spouses have not yet reached retirement age. Pensions can also be very difficult to divide. Spouses usually need insight into what rights they have to pensions and savings funded during the marriage and guidance to avoid penalties or tax consequences.
2. Retaining key benefits
When one spouse focused more on their career than the other, the stay-at-home or lower-earning spouse may worry about the loss of benefits if they divorce. Dependent spouses can potentially qualify for both Medicaid andSocial Security retirement benefits after a divorce. If the marriage lasted at least 10 years, they can claim benefits based on the prior marriage without impacting what the higher-earning spouse receives.
3. Covering cost-of-living expenses
Spouses often need their combined retirement savings to afford rent, groceries and other recurring expenses during their golden years. People preparing for gray divorce may need to adjust their financial practices, rework their retirement budgets and modify their expectations. They may need to continue working for longer or downsize their travel plans.With the right guidance and perspective, financial stability is possibleafter a gray divorce. Working with an attorney can help spouses understand their rights and preserve their financial stability despite divorcing later in life.]]>