Evans Georgia Legal Blog

Study examines causes of marital unhappiness

On behalf of Harrison & Medlin, P.C. posted in Divorce on Monday, September 16, 2019.

Many people wonder what causes couples to decide to divorce while others stay together and live out their lives successfully. Some conventional wisdom seems to indicate that people tend to become more unhappy with their marriages over time, with the "end of the honeymoon period" leading to greater dissatisfaction and discontentment. Obviously, an unhappy marriage can lead to a divorce. However, the factors that can lead to marital unhappiness are often individual and vary widely from couple to couple. Researchers at the University of Georgia came together with those at another university to examine the issue.

Major issues like addiction or infidelity can spark a divorce, but many couples choose to separate without a dramatic issue at the beginning. The researchers identified 431 couples, specifically selecting those from a lower-income area, as they noted that prior studies had focused primarily on middle-class couples. The participants were surveyed in 2009 as newlyweds and on five occasions moving forward through 2014. They were asked eight questions about their satisfaction in their relationship, including their levels of trust in their partners and their happiness with the amount of time they spent together.

Red-light running crashes and the role of cameras

On behalf of Harrison & Medlin, P.C. posted in car wrecks on Tuesday, September 10, 2019.

Many drivers in Georgia become distracted or impatient and run red lights, fully knowing that it's wrong. Unfortunately, many red-light running crashes end in death. The year 2017 actually saw the highest number of red-light running crash deaths (939) in a decade. In a AAA Traffic Safety Culture Index, one third of respondents admitted to running a red light in the past 30 days, and two in five said it was unlikely they would be pulled over for it.

To combat these attitudes, local governments have been urged to install red-light cameras at those intersections that have seen frequent traffic violations or crashes. Signage can alert drivers to the presence of these cameras. The Insurance Institute for Highway Safety is clear about the benefits of cameras: They can reduce the rate of fatal red-light running crashes by 21% in big cities.

What actually happens in a divorce proceeding

On behalf of Harrison & Medlin, P.C. posted in Divorce on Thursday, September 5, 2019.

Georgia residents and others who are in unhappy relationships should not feel as if they have to stay with their partners. However, it is also important to know that a separation or divorce won't immediately solve a person's problems. For instance, parents who weren't able to agree on how to raise their children likely won't find common ground just because they are no longer together. Individuals may also face financial issues after a divorce that could cause stress in their lives.

Those who have children should not assume that the mother will automatically be granted custody. The truth is that a judge will make a ruling that is in the best interests of the children. This tends to mean that both parents will share custody or be granted significant visitation rights. Just as gender doesn't necessarily determine who gets custody of a child, it also doesn't automatically conclude who is eligible for alimony.

What you need to know about tests for blood alcohol content

On behalf of Harrison & Medlin, P.C. on Wednesday, August 28, 2019.

A charge of driving under the influence of alcohol is a serious one. Though many people who choose to drive after drinking might think that they are capable of operating a vehicle, the law states that those whose blood alcohol content, or BAC, is above a certain level may not drive legally. It's the kind of arrest that officers make all too frequently.

If authorities charged you with a DUI here in Georgia, you may have several questions regarding your BAC. Understanding exactly how law enforcement acquires and uses this information may help you in defending yourself against these charges. Here is what you need to know about the measurement of your BAC.

2019 Crosstrek tops list of most crash-prone cars

On behalf of Harrison & Medlin, P.C. posted in car wrecks on Monday, August 26, 2019.

The Insurance Institute of Highway Safety has given the highest rating for crashworthiness and crash avoidance to the 2019 Subaru Crosstrek. Yet this vehicle, according to a survey from Insurify, is involved in more at-fault collisions than any other vehicle in the U.S. What Georgia residents should know is that the auto insurance comparison website came out with a list of 10 such accident-prone vehicles.

After analyzing over 1.6 million insurance quotes, Insurify stated that 25.81% of Crosstreks are affected by car crashes. This was followed by 25.7% of Honda HR-Vs, putting the vehicle second on the list. This was followed by the Hyundai Elantra GT, the Infiniti Q50 and Subaru's second car on the list, the WRX. The WRX has been associated with the highest proportion of speeding offenses.

The emotional and financial costs of gray divorce

On behalf of Harrison & Medlin, P.C. posted in Divorce on Monday, August 19, 2019.

Gray divorces are becoming far more common in Georgia and around the country even though the overall divorce rate remains fairly stable. In 1990, only one in 10 divorces involved spouses over the age of 50. That figure has now risen to one in four. This trend has experts in some quarters worried as the emotional fallout from a gray divorce can be extremely hard and the financial consequences are often dire.

People who have been married for many years often have difficulty coping when their husband or wife is killed in an accident or succumbs to a serious illness, but a study from Bowling Green State University suggests that those who go through a gray divorce have an even harder time adjusting to the prospect of living alone. The researchers found that the recently divorced were more likely to fall into depression than the recently widowed, and they frequently gained weight and developed health problems such as high blood pressure.

NSC: police reports do not cover all factors in car crashes

On behalf of Harrison & Medlin, P.C. posted in car wrecks on Monday, August 12, 2019.

The National Safety Council has identified 23 factors in a car crash that police should be able to report on. Unfortunately, a recent NSC study shows that no state allows the police to do this for all 23 factors. Georgia residents should know that these factors are essential to knowing the real reason for a crash.

The top states, Kansas and Wisconsin, only covered 14 of the factors in their police reports whereas the worst states, Maryland, Kentucky and Nebraska, captured only five. No state has a field or code for police to measure driver fatigue, nor do any have a field for recording the use of driver assistance systems. Only three states have the police report on the use of infotainment systems.

Drivers need to prevent distraction while driving

On behalf of Harrison & Medlin, P.C. posted in car wrecks on Monday, August 5, 2019.

In Georgia and across the United States, thousands of people die each year because of car wrecks caused by distracted drivers. The National Highway Traffic Safety Administration, also known as the NHTSA, released statistics showing that 3,166 Americans were killed in car wrecks caused by distracted drivers in 2017. Distracted driving is not only about texting or talking on cellphones while driving.

Eating a snack, fixing one's hair or changing a radio station may cause serious road accidents. The good news is that responsible drivers can often prevent being distracted. One way to prevent an accident is to avoid having too many passengers in a vehicle. If the driver must transport several passengers, they should ask them to refrain from loud talking. Another way to prevent a car wreck is to turn off one's cellphone while driving.

Protecting a business with a prenuptial agreement

On behalf of Harrison & Medlin, P.C. posted in Divorce on Friday, August 2, 2019.

Georgia business owners can use a prenuptial agreement to protect their company in case of divorce. The prenup can specify how the business will be valued and what the other future spouse is entitled to.

Establishing a method of valuation can mean it is not necessary to hire a third party and go through the disruptive and expensive process of assessing the company's value. The prenup should also establish what the business is worth at the time of the marriage. This can allow them to divide only the value that the business has appreciated since the marriage, but the premarital value can still be considered separate property. How much the spouse will share any business profits or losses may be calculated based on several factors, including whether the spouse works for the company and is fairly compensated. Couples may also want to consider how a non-working spouse's contributions are valued given that they free up the owner to focus more on the business. Another consideration is whether marital funds will be used for the company if required.

Inmates to be released under First Step Act

On behalf of Harrison & Medlin, P.C. posted in drug crime defense on Saturday, July 27, 2019.

Federal inmates in Georgia and elsewhere could be beneficiaries of the First Step Act. The law aims to make compassionate release and home confinement programs more accessible and take other steps to improve the criminal justice system. A little more than 3,100 federal inmates will be released from custody starting July 19 as authorities begin to implement the law. The Department of Justice says that 250 people have been released already since the legislation was signed into law in December 2018.

While the DOJ has said that it intends to implement the law fully, some are skeptical that this could happen. Critics say that the attorney general holds outdated views on crime and punishment that could conflict with the ideals of the First Step Act. According to a representative from the Justice Action Network, Congress should provide the oversight needed to ensure that authorities comply with the law.