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Cumming Legal Issues Blog

Suspected of DUI? Take a breath -- or don't

Ever hear of a Breathalyzer test? This is a portable machine used by police officers in Georgia to check drivers for suspected impairment. If one is pulled over and tested and it comes back with a positive result, a DUI charge is likely to follow.

There is a lot of confusion about Breathalyzer tests. Other than wanting to understand how these machines work, people often want to know if they have to give a breath sample if asked to by a law enforcement officer. The answer to this question is yes and no. Make sense?

Is business litigation the only way to handle a partner dispute?

Having a business partner to help you through the ups and downs of owning and operating your company can be a good thing. Having someone to share responsibilities can offer some relief. What happens, though, when your partner fails to hold up his or her end of the deal? Is business litigation the only way for company owners in Georgia to resolve their partnership disputes?

There can be a lot of frustrations in owning a company. Unfortunately, for some business owners, one frustration that they did not count on was having a non-performing partner. Generally, when one partner is not living up to the terms of the partnership agreement, how the issue is dealt with is largely determined by how the company is structured and what dispute resolution methods were agreed upon in the partnership contract.

When might one consider an annulment over a divorce?

While many marriages start out with each spouse having the best of intentions and bright hopes for the future, not all marriages begin this way. There are numerous reasons as to why marital unions don't thrive, and some of them start before or shortly after vows are said. For some individuals in Georgia and elsewhere, under certain circumstances there may be the desire to seek an annulment instead of a divorce. When might that be appropriate?

Before getting too far into this discussion, let's cover the basics. An annulment is a legal ruling declaring that a marriage never occurred. A divorce is more about the division of marital assets and receiving a paper saying a couple is no longer legally wed.

What is intestate succession?

You know you ought to have a will, but what happens if you pass on before you get around to making one? What happens is Georgia law dictates the distribution of your estate, known as intestate succession.

Understanding what intestate succession entails can convince you to call an estate planning attorney as soon as possible to begin drafting a will. 

Georgia woman charged with DUI and child endangerment

A Georgia woman was arrested and fired from her job after allegedly driving a school bus while impaired. She has been charged with DUI and child endangerment. Along with the criminal charges against her, parents of the affected children are also considering filing civil actions.

The accused is said to have shown up for work after a night out celebrating her birthday. She loaded a total of 31 students onto her bus and proceeded to drive them to their middle school. When the children arrived, many of them called their parents, and the school was contacted about the ride they experienced that morning.

Estate administration is easier when plans are kept up to date

Estate planning, can't it just be a one and done thing? Well, depending on one's stage in life when it is completed, it is possible. But for those who get their affairs in order while still going through significant life changes, updating an estate plan every so often is a must. Not only will this help Georgia residents ensure that their assets and loved ones are protected, but it will also ease the estate administration process when it comes time to put the plan into action.

Reviewing estate plans is something that everyone should do from time to time. It is just a good habit to get into. It is particularly important for those who are considered wealthy. Such individuals have money tied up in various ventures and accounts. With frequent law changes, failing to update an estate plan means that one's wealth may not be fully protected.

How does divorce work?

Ending one's marriage may seem simple and complex all at the same time. How exactly does divorce work? The answer to that question may be different for every divorcing couple in Georgia.

No matter how a divorce is ultimately completed, it has to start with the official filing of the dissolution complaint. One spouse, with the help of legal counsel, prepares and files a divorce petition in court. The complaint is formally served upon the other party. Simple and straightforward.

What are some things that can affect land use and zoning?

The state of Georgia has specific laws regarding how certain areas of land are to be used. This can be said for every state, really. While land use and zoning regulations may vary in every state, there are some things that affect how property is allowed to be used, and these are issues that are common everywhere.

If a property is zoned for commercial use, it means that the governing body has decided that the location is where it wants shopping centers, hotels, restaurants and other businesses to set up shop. That is easy enough to understand. Sometimes, though, there will be questions about why certain areas are designated for commercial use and others are not. In order for a piece of property to obtain commercial zoning status, the zoning board has to look at things like parking availability, geographical location, proximity to other businesses and distances of nearby schools -- among other things.

DIY estate planning, why it is not worth it

There are a lot of times when doing some thing oneself rather than seeking the help of a professional works out just fine. Of course, there are times when Georgia residents have gone the DIY route only for it to end in disaster. At the end of the day, there are simply some things that require the right assistance in order to get them done right. Estate planning really is one of those things.

In doing a simple web search, one can find a number of websites that offer fast and simple estate planning products that one can fill out on his or her own for a nominal fee. They sound great, but are they? What's the catch?

Divorce facts Georgia couples may care to know

The dissolution of one's marriage is a hard thing to experience. Before filing for divorce, many couples in Georgia will try anything to fix things or turn to experts for advice. Unfortunately, some of the information out there is out of date or simply inaccurate.

There are many researchers out there who study divorce, including causes and rates. Their findings may actually be somewhat surprising as there is a lot of false information floating around. For example, it is commonly believed that half of all marriages end in divorce. While, at some point, that may have been true, according to researchers from Bowling Green State University, it is not true anymore. In fact, divorce rates in the United States are believed to be at a 40-year low.


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Cumming, GA 30040

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