Stern & Edlin Lawyer Mentioned in The Family Law Review Stern & Edlin Lawyer, Shiel Edlin was featured in The Family Law Review publication of The Family Law Section of the State Bar of Georgia. This 2009 special edition included many articles about family law and child custody as well as details about the Amendment to Uniform Superior Court Rule 24.2.For more information about Stern and Edlin, visit their website describing their family law and divorce expertise by clicking here.

Stern & Edlin Lawyer, Shiel Edlin was featured in The Family Law Review publication of The Family Law Section of the State Bar of Georgia. This 2009 special edition included many articles about family law and child custody as well as details about the Amendment to Uniform Superior Court Rule 24.2.

For more information about Stern and Edlin, visit their website describing their family law and divorce expertise by clicking here.

Stern & Edlin Lawyer Quoted In The Press Stern & Edlin Lawyer, Shiel Edlin was mentioned in this article published in The Daily Report, by Andy Peters.For more information about Stern and Edlin, visit their website describing their family law and divorce expertise by clicking here.

Stern & Edlin Lawyer, Shiel Edlin was mentioned in this article published in The Daily Report, by Andy Peters.

For more information about Stern and Edlin, visit their website describing their family law and divorce expertise by clicking here.

Tiger Woods and Renegotiating Prenuptial Agreements Question: I heard that Tiger Woods and Elin Nordegren Woods are renegotiating their prenuptial agreement. Can they do that? Yes. A married couple can enter into what’s called a “postnuptial agreement”, which is like a prenuptial agreement, but is signed during the marriage rather than before the marriage. When these agreements are entered into because they are prompted by a problem in the marriage, such as infidelity, they are sometimes referred to as “reconciliation agreements.” In Georgia, whether it is a prenuptial, postnuptial or reconciliation agreement, the ultimate decision of whether the document is enforceable is at the discretion of the court employing the following criteria: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable? Scherer v. Scherer, 249 Ga. 635, 641 (1982). For more information on the enforceability of these agreements, click here and see my blog entry on this topic. | More Written by Stern & Edlin Lawyer, Carla Schiff.Click here to learn more about the Stern & Edlin Family Law firm.

Question: I heard that Tiger Woods and Elin Nordegren Woods are renegotiating their prenuptial agreement. Can they do that?

Yes. A married couple can enter into what’s called a “postnuptial agreement”, which is like a prenuptial agreement, but is signed during the marriage rather than before the marriage. When these agreements are entered into because they are prompted by a problem in the marriage, such as infidelity, they are sometimes referred to as “reconciliation agreements.”

In Georgia, whether it is a prenuptial, postnuptial or reconciliation agreement, the ultimate decision of whether the document is enforceable is at the discretion of the court employing the following criteria: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable? Scherer v. Scherer, 249 Ga. 635, 641 (1982).

For more information on the enforceability of these agreements, click here and see my blog entry on this topic.

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Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.

Can I expect to recover attorney fees from my spouse (or former spouse)? Question: Can I expect to recover attorney fees from my spouse (or former spouse)? Maybe. The judge in a divorce case will decide whether attorney fees are awarded and the amount of attorney fees, if any. A judge can award attorney fees any time during a divorce case. Some judges award attorney fees early on in a case to help a party hire an attorney. Some judges award attorney fees at the end of a case to reimburse a party for the fees they have already paid or currently owe their attorney. Some judges award some fees both at the beginning and end of a divorce. The judge must consider the financial circumstances of both parties and may award attorney fees a party that does not have the same means as their spouse to hire a lawyer to represent them in their divorce. O.C.G.A. § 19-6-2. The purpose of an award of these attorney fees is "to ensure effective representation of both spouses so that all issues can be fully and fairly resolved." Johnson v. Johnson, 260 Ga. 443, 444 (1990). A judge may order reasonable attorney in a child custody action. O.C.G.A. § 19-9-3 (g). In child support modification cases, a judge may award attorney fees to the party that prevails in the modification case. A judge must award fees, however, a custodial parent that prevails in an upward modification of child support case based upon the noncustodial parent's failure to exercise court-ordered visitation. O.C.G.A. § 19-6-15 (k)(5). A judge may also order attorney fees in an action for the attachment of contempt. O.C.G.A. § 19-6-2 Such actions are filed when one party does not comply with a court order or settlement agreement regarding child support, alimony, property division, custody or visitation. Finally, Georgia law authorizes an award of "reasonable and necessary" attorney fees upon a finding that an action or any part thereof "lacked substantial justification, … was interposed for delay or harassment, or … an attorney or party unnecessarily expanded the proceeding by other improper conduct…." O.C.G.A. § 9-15-14 (b) Because every case is different, it is best to consult with an experienced divorce attorney to determine the likelihood of being awarded attorney fees. | More Written by Stern & Edlin Lawyer, Carla Schiff.Click here to learn more about the Stern & Edlin Family Law firm.

Question: Can I expect to recover attorney fees from my spouse (or former spouse)?

Maybe. The judge in a divorce case will decide whether attorney fees are awarded and the amount of attorney fees, if any. A judge can award attorney fees any time during a divorce case. Some judges award attorney fees early on in a case to help a party hire an attorney. Some judges award attorney fees at the end of a case to reimburse a party for the fees they have already paid or currently owe their attorney. Some judges award some fees both at the beginning and end of a divorce. The judge must consider the financial circumstances of both parties and may award attorney fees a party that does not have the same means as their spouse to hire a lawyer to represent them in their divorce. O.C.G.A. § 19-6-2. The purpose of an award of these attorney fees is "to ensure effective representation of both spouses so that all issues can be fully and fairly resolved." Johnson v. Johnson, 260 Ga. 443, 444 (1990).

A judge may order reasonable attorney in a child custody action. O.C.G.A. § 19-9-3 (g). In child support modification cases, a judge may award attorney fees to the party that prevails in the modification case. A judge must award fees, however, a custodial parent that prevails in an upward modification of child support case based upon the noncustodial parent's failure to exercise court-ordered visitation. O.C.G.A. § 19-6-15 (k)(5).

A judge may also order attorney fees in an action for the attachment of contempt. O.C.G.A. § 19-6-2 Such actions are filed when one party does not comply with a court order or settlement agreement regarding child support, alimony, property division, custody or visitation.

Finally, Georgia law authorizes an award of "reasonable and necessary" attorney fees upon a finding that an action or any part thereof "lacked substantial justification, … was interposed for delay or harassment, or … an attorney or party unnecessarily expanded the proceeding by other improper conduct…." O.C.G.A. § 9-15-14 (b)

Because every case is different, it is best to consult with an experienced divorce attorney to determine the likelihood of being awarded attorney fees.

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Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.