Law Offices of Daniele Johnson, LLC Law Offices of Daniele Johnson, LLC2026-08-07T10:26:46Zhttps://www.djfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104354/2023/08/cropped-Daniele-site-icon-32x32.pngOn Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[Divorce: How to Avoid Financial Devastation]]>https://www.djfamilylaw.com/?p=2575332026-08-07T10:26:46Z2026-08-07T10:25:24ZDivorce is emotionally, mentally, and physically exhausting. If you are contemplating divorce, or your spouse has filed against you, at this moment, you are making decisions that will literally impact the rest of your life, as well as that of your children. The most important decision you must make is the selection of your family law attorney, the person who not only will fight for you, but will advocate for what is in the best interests of your children.
Unfortunately, legal fees can be astronomical. Often times, the parties are left in such financial ruin that they are forced to rebuild every aspect of their lives from the ground up and they no longer have the resources to do so. Of course, you cannot control the actions of your soon-to-be ex-spouse, your can control how cost of your divorce by asking pertinent questions of your potential attorneys. Here are a few pointers:
Do your research. Visiting such platforms as Google, Avvo, FindLaw and the State Bar of Georgia. More recently, you can also use social media as a source of information. Personal referrals from family members, friends and colleagues are also good resource.
Compile a list. Compile a list of 3 to 5 names. Understand that you will sharing your most intimate details of your life with this person, who will be in your life for the duration of this divorce. On average, you will be in litigation for 8 to 24 months. Select the people that you think you will feel most comfortable with, perhaps taking into consideration gender, race, religion and socio-economic background.
Family Law Experience matters. The list of potential attorneys should have an extensive background in family law. Their practice should primarily, preferably exclusively, focus on family law. You do not what an attorney who dabbles in family law to set the course for the rest of your life.
Interview. Spend between 45 minutes to an hour with each potential attorney. Interview them as though they are applying for a job and you are the boss. Yes. Experience, knowledge and expertise matter. However, you should also make sure that the prospective attorney has a personality that is compatible with yours. Again, you will be spending a lot of time with this person and sharing your most intimate aspects of your life. Trust your gut and chose an attorney that makes you feel most at ease.
Selecting your attorney. Now that you have interviewed 3 to 5 candidates for the job, select the one that you feel it the best one for you. Don’t forget to ask about their litigation style, preferred method of communication and, perhaps most importantly billing practices.
The Law Offices of Daniele Johnson exclusively devoted to the practice of family law. While our main office is located in Cobb County, we service all of Metro-Atlanta, including such counties as Fulton, Forsyth, Douglas, Gwinnett, and Paulding. Daniele Johnson has been exclusively practicing family law for the last 28 years. She describes her litigation style as being results driven and strategically aggressiveThe firm’s billing practices are reflective of Attorney Johnson’s litigation style. At the Law Offices of Daniele Johnson, we use a team approach on all of our cases and a stagnated billing method. Your legal team will not only include Daniele Johson, but also two paralegals that have a commutative 15 years of family law and are billed at a lower hourly rate. Superfluous billing is simply not tolerated. Of course, the most important member of your team is you. Nothing would be done without first discussing it with you, ensuring that you understand the case strategy, and getting your approval. With these protocols, you are left in the best possible financial position at the at the end of your divorce. At the Law Offices of Daniele Johnson, we believe that, although divorce is hard, it should not lead to financial devastation.To learn more about the Law Office of Daniele Johnson, LLC., and to schedule a consult, please visit our website at www.djfamilylaw.com or call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[When is it time to modify your child’s custody schedule in Georgia?]]>https://www.djfamilylaw.com/?p=2575082026-06-19T13:25:04Z2026-06-19T13:25:04ZThe legal threshold: material change in circumstances
To clear the initial legal hurdle, the parent seeking a modification must show that a material and substantial change in circumstances has occurred since the entry of the last order, and that this change directly affects the child's welfare. Once a court accepts that threshold, it evaluates multiple statutory factors to determine what arrangement serves the child's best interests.
Common circumstances that can support a custody modification include:
Changes in work schedules: A sudden shift to mandatory overnight hours or frequent extended travel can significantly affect a parent's availability during their designated parenting time.
The child's evolving needs: New academic demands, extracurricular commitments, or therapeutic requirements can make an existing schedule impractical over time.
A child's preference at age 14: Once a child reaches 14 years of age, Georgia law gives them the right to express a preference for which parent they want to live with. According to state law, this preference creates a rebuttable presumption in favor of the chosen parent, though the court retains the authority to override it if the child's best interests require a different outcome.
Each of these situations must be supported by concrete evidence, not just a parent's frustration with the current arrangement.
Navigating relocation and procedural requirements
Geographic relocation is another common reason parents seek custody modifications, but it requires careful procedural compliance. Under Georgia law, a relocating parent must provide at least 30 days' written notice to the other parent before moving. However, relocation alone does not automatically establish a material change in circumstances, as the court must still evaluate whether the move meaningfully affects the child's welfare.
To pursue a modification, the requesting parent must file a formal petition in the Superior Court of the county where the other parent resides. Georgia law also draws an important distinction between modifying custody and modifying parenting time, and each carries its own procedural requirements and evidentiary standards. Working with an experienced Georgia family law attorney ensures your petition meets every threshold and gives your case the strongest possible foundation.
]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[Dividing stock options, RSUs, and executive compensation in a Georgia divorce]]>https://www.djfamilylaw.com/?p=2574772026-02-27T21:41:54Z2026-02-27T21:41:54ZThe obstacle of unvested shares
The biggest problem is that, at the time of filing for divorce, many of these shares are not yet legally “yours”; you have to wait months or years to collect them.
RSUs: These are promises from the company to give you shares in the future if you stay and work for them.
Stock options: This is the right to buy shares at a cheap price and then sell them for more.
To decide whether these shares should be divided with your ex-spouse, Georgia courts ask a fundamental question: Why were they given to you? For instance, if the shares were given as a reward for goals you achieved while married, the court will usually say they are marital property and must be divided.
But if the company gave them to you to ensure that you continue working for them after the divorce, then there is a strong argument that they are personal property and should not be touched.
Valuation and tax traps
Valuing these assets is not as simple as looking at today's stock price. According to IRS Publication 504, property transfers between spouses due to divorce are generally not taxed at the time of transfer, but the problem comes later.
If you receive the shares but are solely responsible for paying the capital gains tax when you sell them, the “equitable” division could leave you with much less money than you expected. It is essential that your legal strategy takes these IRS rules into account to avoid unpleasant surprises when filing your taxes.
To avoid assumptions, courts often use mathematical formulas (known as coverture fractions). These formulas calculate exactly what percentage of the shares were earned during the marriage based on time worked.
For example, if an option takes four years to vest, but you were only married for two of those years, the formula will help ensure that only the proportional portion is considered marital property.
Protecting your financial future requires a strategic approach that understands the nuances of SEC filings, grant letters, and the long-term tax consequences of asset transfers. When your compensation package is a cornerstone of your wealth, you need a legal team that is well-versed in complex financial matters.]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[Protecting inherited and gifted property in Georgia divorce]]>https://www.djfamilylaw.com/?p=2574752026-02-19T14:18:12Z2026-02-19T14:18:12ZHow Georgia courts classify property in divorce
Before a court divides anything, it first decides whether property qualifies as marital or separate.
Marital property includes assets and income obtained or earned during the marriage, no matter whose name is on the title. If you purchased real estate or built business interests while married, a court will likely treat those as marital property.
Separate property includes assets that you brought into the marriage, along with inheritances and gifts you received individually during the marriage. These assets do not automatically become subject to division simply because you are divorcing.
Georgia follows an equitable division system. That means the court divides marital property fairly, though not always equally, while separate property may remain with you.
What counts as separate property in Georgia
Even if you received an inheritance or gift in your name alone, the court will look at how you handled it during the marriage. Inherited or gifted property may remain separate if you can show that:
You received the inheritance or gift individually, not jointly with your spouse
You kept the asset in a separate account or title
You did not mix the funds with marital income or joint accounts
You did not use the asset regularly for shared household expenses
You can trace the asset clearly through financial records
Strong documentation supports your separate ownership and helps establish a clean financial trail. Without records, disputes can arise.
How separate property can lose its protected status
Even when property begins as separate, your actions during the marriage can place it at risk. The court will examine how you treated the property during the marriage, not just how you received it.
Commingling creates the most common problem. If you deposit inherited funds into a joint account, use them for shared expenses or transfer them into jointly titled property, you may weaken your claim that the asset belongs to you alone. Over time, tracing what was inherited versus what became marital can become difficult.
When growth and business interests create disputes
Your inherited or gifted property may not look the same years into your marriage as it did on the day you received it. An investment account a parent left you may steadily grow or the house you inherited may increase in value as the market rises. A company you launched with gifted funds may become far more successful than you first imagined.
If that growth occurred without marital involvement, it may remain separate. However, if marital funds or either spouse’s effort contributed to the increase, a court may treat part of that added value as marital property.
Protecting inherited wealth requires planning
Protecting inherited and gifted property in a Georgia divorce requires careful planning from the start. Courts do not rely on labels alone; they look at how you handled the property during the marriage and whether you maintained it as separate from marital finances.
If you have received meaningful assets from family members or built financial growth from those funds, early legal guidance can help you take steps to preserve what was intended for you. Taking action before property becomes entangled can make a significant difference in the outcome.]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[Division of Military Benefits in Divorce: Common Myths and Misconceptions]]>https://www.djfamilylaw.com/?p=2574622025-10-01T10:41:59Z2025-09-30T10:41:01Z20/20/20 Rule or the 10/10/10 Rule, you may have walked away thinking military spouses are automatically guaranteed retirement pay or lifetime benefits after divorce. This misunderstanding is extremely common — and can lead to disappointment if you’re relying on myths instead of the law.
The truth is more complicated. Military divorces involve unique rules, but how retirement benefits are divided depends on the court, not on a simple formula. Let’s clear up the most common misconceptions.
What Is Disposable Retired Pay?
Disposable Retired Pay is the portion of a service member’s gross retirement pay that remains after deductions like VA disability compensation, Survivor Benefit Plan (SBP) premiums, and court-ordered fines.
This is the amount a judge may divide in a divorce. But here’s the key point: the law does not entitle a spouse to a guaranteed share. Instead, the court decides what is fair, considering the length of the marriage, financial contributions, and the overall marital estate.
Myth #1: “If we were married long enough, I get half.”
Not true. There is no automatic 50/50 entitlement to retirement pay. Judges have broad discretion to determine what is equitable.
Much of the confusion comes from the 20/20/20, 20/20/15, and 10/10/10 Rules. These rules don’t decide who gets what portion of retirement benefits; instead, they determine whether a former spouse is eligible for continuing privileges such as commissary access or TRICARE coverage.
The 20/20/20 Rule
You qualify if:
Married at least 20 years
Service member served at least 20 years
Marriage and service overlapped for at least 20 years
If all three criteria are met, the former spouse keeps full military benefits: TRICARE coverage, commissary, and exchange privileges.
The division of retirement pay, however, still rests with the court.
The 20/20/15 Rule
You qualify if:
Married at least 20 years
Service member served at least 20 years
Marriage and service overlapped for at least 15 years
Here, a former spouse may retain commissary and exchange privileges, but TRICARE coverage ends one year after the divorce decree.
The 10/10/10 Rule
You qualify if:
Married at least 10 years
Service member served at least 10 years
Marriage and service overlapped for at least 10 years
This rule does not provide health or commissary benefits. Instead, it ensures that if the court awards retirement pay to the former spouse, the Defense Finance and Accounting Service (DFAS) can pay it directly each month.
Payments cannot exceed 50% of disposable retired pay.
Myth #2: “The rules decide who gets what.”
Not so. The rules only determine eligibility for certain privileges. Retirement pay division is always subject to the equitable discretion of the court. Two similar cases may result in very different divisions depending on the circumstances.
Key Takeaway
Military divorce requires balancing federal law with state family law. The well-known rules (20/20/20, 20/20/15, and 10/10/10) often cause confusion because they grant privileges, not entitlements. The actual division of retirement benefits is up to the judge.
At Daniele Johnson Law Firm LLC, we help service members and military spouses navigate the complexities of divorce with clear, informed guidance. If you have questions about your rights to military retirement benefits, we’re here to help you understand your options and protect your future.]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[How prenuptial agreements protect business interests]]>https://www.djfamilylaw.com/?p=2574372025-08-28T13:25:06Z2025-08-27T15:17:33ZThey prevent unwanted division of business ownership
Without a prenup, a spouse can push for partial ownership or control of your business during divorce, which disrupts management and can even force a sale. With clear terms in place, you protect your ownership and keep business operations under your control. This ensures that years of effort building your company never unravel in a courtroom.
They separate business profits from marital property
Divorce often turns on what counts as marital property, and business profits usually spark that fight. With a prenup, you define how business income functions, whether it stays with the company or becomes subject to division. That clarity lets you reinvest earnings into growth instead of watching them get carved up later.
They strengthen enforceability through fairness and disclosure
Georgia courts enforce agreements that show transparency and balance, so you must provide full financial disclosure and write fair terms. By drafting a prenup that lays out assets honestly and distributes terms reasonably, you create a strong shield against challenges and keep protections for your business intact if divorce occurs.
They adapt to your business through tailored drafting
Every business carries unique risks, and a generic agreement fails to protect them. Through tailored drafting, you address details like how to value the company in the future or how succession should work if ownership changes. By shaping provisions to your circumstances, you create a prenup that shields the parts of your business that matter most.
Protect your business before marriage begins
You cannot predict the future, but you can prepare for it. Drafting a prenuptial agreement now gives you peace of mind that your business stays secure no matter what happens in your personal life. By acting before marriage, you safeguard the company you built, maintain control over its future and give yourself the freedom to focus on growth instead of conflict.]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[Domestic Violence: Recognizing its Many Faces and Breaking Free of the Cycle of Abuse]]>https://www.djfamilylaw.com/?p=2574122025-08-28T13:25:54Z2025-08-12T17:04:22Z
Financial Violence: There is some truth to the sayings "money is the root of all evil," and "money is power." Financial violence typically occurs when one partner controls all the money and influences the other partner to comply with his or her demands under threat of withholding funds needed for basic necessities, including, but not limited to, food, clothing, and housing. They may even threaten to withhold financial support for the children if their demands are not met.
Sexual Abuse: This occurs when one partner, through actions or words, influences the other to engage in sexual relations against his or her will. In extreme cases, this could mean an actual sexual assault. Yes. A spouse can be charged and convicted of raping his or her own spouse. Other methods of undue influence include, threatening to commit suicide; threatening to tell loved-ones or family members facts about you that you find embarrassing; or simply wearing you down with repeated demands for sex until you acquiesce.
Mental and Emotional Abuse: Being told that you are not good enough; not pretty enough; don't make enough money; or given the general impression that "you can't do anything right" is abuse. Having to walk on eggshells when you are around your significant other because you don't know if the slightest infraction will result in an explosive outburst of verbal or physical attack is abuse. Having to endure the "silent treatment" for days, weeks, or even months is abuse. Constantly being called outside of your name is abuse. Through my clients, I have learned that this form of abuse is far more damaging than physical violence. It is much harder and takes more time to heal from emotional scars than physical injuries.
Often times, victims of domestic violence remain in abusive relationships because they feel isolated, frightened, and trapped. Many times, however, they remain in these relationships because they don't realize that they are in a cycle of abuse. If you feel that you are, or maybe, in this cycle, please know that you deserve better. Your abuser will not change. Your abuser will not stop. Most importantly, this is not your fault, you are not alone, and, with an exit plan in place, you can safely leave.
The Law Offices of Daniele Johnson will also help you develop your plan of escape. Whether that plan begins with filing for a Temporary Restraining Order, seeking Divorce or Separate Maintenance, or responding to a Petition for Legitimation, we will be by your side every step of the way.]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[The Lessons Learned-Obergefell v. Hodges]]>https://www.djfamilylaw.com/?p=2574082025-07-01T14:32:59Z2025-07-01T14:31:53ZBy Daniele Johnson
Ten years ago, the United States Supreme Court handed down its landmark decision, Obergefell v. Hodges, recognizing marriage as a fundamental right and, thereby, legalizing same-sex marriages nationwide. I recently had the pleasure of listening to an interview of Jim Obergefell, Plaintiff in that iconic case. I was pleasantly surprised to hear that he and the named-Defendant, Richard Hodges, are now good friends who were, unbeknownst to Mr. Obergefell, on the same side all along. As it turns out, the underlying dispute was with the Ohio Department of Health, not personally against Mr. Hodges. Mr. Hodges, as the director of the Department, had a legal duty to abide by Ohio State’s prohibition of same-sex marriages. Consequently, when Mr. Obergefell’s husband passed away in Ohio, the Department refused to allow his name to be listed as the surviving spouse on his husband’s death certificate. As the head of the Department, Mr. Hodges was named as the Defendant. The parties never spoke until the ruling was handed down and Mr. Obergefell reluctantly agreed to speak with Mr. Hodges months later. It was only then that he learned that Mr. Hodges shared in his belief that same-sex marriages should, in fact, be legalized. There are at least three lessons to learn from the legal and social saga. First of all, every single socially significant advancement in our county started with cases heard by the lower courts. In my opinion, Obergefell v. Hodges, is an extension of this country’s civil rights movement. Jim Crow was a systematic attempt by state and local governments to suppress the advancement of African-Americans. The dismantling of these laws was instigated by the calculated efforts of such legal minds and activists as Martin Luther King, Thurgood Marshall, and John Lewis. The end of Jim Crow and its ideologies did not begin with the passing of the Civil Rights Acts of 1964 and 1965. Its demise began with the attack of these laws at the lower-court level. For example, Brown v. Board of Education,347 U.S. 483 (1954), involved an African-American father whose attempts to enroll his daughter in a “white” school were denied by the local school board. The Supreme Court declared that the policy of “separate but equal” was unconstitutional. In Hearts of Atlanta Motel v. the United States, 379 U.S. 241 (1964), the owner of the establishment argued that the Civil Rights Act of 1964 was unconstitutional and that he had a right to refuse to rent rooms to African-Americans. This argument, of course, was rejected by the United State Supreme Court. Loving v. Loving, 388 U.S. 1 (1967), involved a biracial couple who was sentenced by the lower court to a year of incarceration for violating the ban on interracial marriages instituted by the states Racial Integrity Act of 1924. The Supreme Court overturned the convictions and declared that any raced-based restriction on the fundamental right to marry is unconstitutional. These are but a few examples of how civil liberties created by Supreme Court cases actually stemmed from decisions rendered at the lower-court level. Lesson learned: Although decisions issued by the “lower courts”, which include each counties’ Superior, State, Juvenile and Magistrate Court, garner little or no attention, they form the foundation of rulings that shape our nation’s legal projection and social conscience. Secondly, Obergefell v. Hodges is a lesson in Civics 101. Our government is designed in such a way as to allow the vote of the people to determine the social trends of our country. Ideally, the laws passed by the legislature reflect the wishes of the constituents. However, average voters are not privy to cases pending before the lower courts. Most likely, they are unaware that civil liberties are possibly being encroached upon by the application of outdated laws that are no longer consistent with current social values. They may also be unaware that the protections of those civil liberties begin with the laws created and/or changed by their publicly elected officials, not with the judiciary. Lesson Learned: It is our civic duty as citizens in this country to get informed, get involved, and vote for local, state, and federal officials that align with our social and political compass. Failure to do so could result in a stagnation of this country’s social evolution and the enforcement of archaic laws that no longer have a place in polite society. Thirdly, the apparent diabolically opposed parties named in Obergefell v. Hodges were actually in agreement. The fact that they are now friends is a beautiful ending to their story. However, I can only imagine the level of stress and animosity that could have been avoided if the parties had simply talked. Perhaps they could even have worked together to achieve their shared belief in the legalization of same-sex marriage. Lesson Learned: A refusal to speak with someone because of presumed differences can deprive one of, not only a long-lasting friendship, but also a political and social ally. ]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[Selecting Your Arbitrator In A Domestic Arbitration Case ]]>https://www.djfamilylaw.com/?p=2555412025-08-28T13:26:53Z2023-08-25T09:12:16ZIf you and your spouse have made the decision to divorce, you may be dreading the idea of going through the legal system to sort out issues related to child custody, asset division and more. In many instances, this exhaustive process can draw out for years and wreak havoc on your financial and emotional welfare. However, with domestic arbitration, you can bypass the courts altogether and select your own arbitrator to settle your case.
What is Domestic Arbitration?
Domestic arbitration is a type of alternative dispute resolution (ADR) that allows you to reach a legally binding settlement with your spouse without having to go in front of a judge. As opposed to traditional divorce, domestic arbitration gives you much more freedom and control over your separation because you and your spouse can schedule the proceedings at your convenience and choose the arbitrator that will oversee your case.
What is an Arbitrator?
An arbitrator is a neutral third party that will manage your domestic arbitration. They will review testimony and examine the evidence submitted by you and your spouse to award a decision in your case that is final and enforceable by law.
Guidelines for Selecting Your Arbitrator
When choosing the arbitrator that will oversee your domestic arbitration, there are a few guidelines that must be followed.
Mutual agreement. You and your spouse must mutually agree on the person that will manage your case. In most circumstances, you will work with the American Arbitration Association (AAA) to make this decision.
Training and accreditation. The arbitrator you select must specialize in family law or be a legal practitioner with a minimum of five years of experience that has spent a quarter of that time working on family law cases. Along with that, they must have completed arbitration training with the AAA to be qualified to oversee your case.
Potential bias. Your arbitrator is obligated to act in procedural fairness when assessing your domestic arbitration. To ensure that you and your spouse can be heard equally, your arbitrator must inform you of any potential biases that could prevent them from awarding a fair judgement.
Other Factors to Consider When Choosing Your Arbitrator
Along with the prerequisite guidelines, there are a few other key considerations to evaluate when selecting your arbitrator.
Expertise. While many family law specialists are qualified to manage your domestic arbitration, you want to choose someone that has expertise in the specific areas related to your case. For example, if you are trying to reach a child custody agreement, then you want to select the best child custody lawyer for your arbitration.
Current caseload. When going through thecourt system, you are assigned a judge that must manage several hearings per day, which can prevent them from dedicating the time and effort to you that you deserve. Therefore, when researching arbitrators, inquire about their caseload and make sure their schedule allows them to give your case the attention it needs.
Diversity. When evaluating your arbitrator, you want to consider someone that has unique perspectives that will align with you and your spouse to enhance their understanding of your circumstances. This brings an element to their decision making that will make you feel confident in the outcomethat is awarded in your domestic arbitration.
[nap_names id="FIRM-NAME-3"] Is Here to Help With Your Domestic Arbitration
While selecting an arbitrator can feel difficult and overwhelming, the professionals at Daniele Johnson & Associates are here to help. They will use their excellence and experience to provide you with a resolution that will allow you and your spouse to move forward towards a better tomorrow. Contact the firm today to schedule a consultation.At the [nap_names id="FIRM-NAME-1"], Daniele has the insightful and respectful approach you need to make your domestic arbitration a success. ]]>On Behalf of Law Offices of Daniele Johnson, LLC<![CDATA[After Your Domestic Arbitration Case Is Over]]>https://www.djfamilylaw.com/?p=2555392025-08-28T13:27:39Z2023-08-25T09:06:03ZMarriage is complicated and sometimes the relationship does not work out. And when that happens, you have to evaluate the best course of action for you and your spouse. And while many couples elect to file for divorce, there are other kinds of dispute resolution to consider when figuring out how to settle your differences. With domestic arbitration, you can get the resolution you need without having to engage in lengthy litigation. But before you commit to it, you should understand what domestic arbitration is and what to expect after it is over. At Daniele Johnson & Associates, we will guide you through the tough transition so you will not be in the trenches fighting your battle alone.
What is Domestic Arbitration?
A form of alternate dispute resolution (ADR), domestic arbitration allows you to settle issues related to property division, custody, child support, alimony and more without a jury trial. Instead, you and your spouse have the control to schedule your proceedings yourselves and choose your own arbitrator. The arbitrator is a neutral third party that will review the documentation, testimony and evidence in your case to issue a final award that is enforceable by law.
After Your Domestic Arbitration Ends
Once your domestic arbitration ends, your arbitrator will record the final award and officially close your case with the American Arbitration Association (AAA). The AAA will then send the award to you and your spouse. Depending on the arbitration agreement, you should receive ittwo to four weeks following your last hearing. While you can modify a final award once it has been given, this is usually done under rare circumstances within a brief time frame, particularly as it relates to correcting any typographical or computational errors. As a result, you should review your award as soon as you receive it to ensure it does not contain any clerical mistakes. If you find any, you have twenty days to submit your request for modification. Once this is done, your spouse will be given ten days to respond, and your arbitrator will submit their ruling to the modification request within twenty days following their response. If you would like to appeal the final award in your domestic arbitration, the process is quite different than it is with a divorce. In order to challenge the award, you and your spouse must have agreed to allow appeals during your domestic arbitration. However, if this was not established before the final award was given, there will be no right to appeal. If the right to appeal was agreed upon during your domestic arbitration, you can challenge the final award under the guidance of state and federal arbitration laws. Based on these statutes, you may be able to make a valid argument as to why it should be modified, corrected or vacated.
Daniele Johnson & Associates Will Guide You From Start to Finish
At Daniele Johnson & Associates, we understand that domestic arbitration is a delicate and sensitive process. That is why we will use our specialized skills and strong work ethic to achieve the outcomes you need to give you the fresh start you deserve. Contact us today to schedule a consultation.At Daniele Johnson & Associates, we will help you reach your long-term goals. ]]>