Law Office of T. Rabb Wilkerson, III, P.C. Law Office of T. Rabb Wilkerson, III, P.C.2026-09-21T21:39:12Zhttps://www.rabbwilkersonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304278/2025/09/cropped-siteicon-32x32.pngOn Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Divorcing when your spouse controls all family finances]]>https://www.rabbwilkersonlaw.com/?p=494492026-09-21T21:39:12Z2026-09-21T21:39:12ZMany high-asset divorces involve one spouse who manages substantial wealth or business interests while controlling access to marital accounts.
When this imbalance creates immediate financial strain, Georgia courts allow early requests for temporary support to stabilize the situation. This can allow the non‑controlling spouse to meet their basic needs as the divorce proceeds.
Emergency financial relief in Georgia
The court may grant temporary relief when one spouse lacks financial control. This helps preserve stability while the case proceeds. Judges evaluate current income, access to liquid assets, the marital lifestyle and evidence of financial withholding.A request for temporary relief should include a sworn financial affidavit, documentation of available resources and an explanation of why immediate assistance is necessary. The court may also scrutinize account statements, business records and spending patterns to determine if funds are restricted.
Temporary alimony and fees
A temporary alimony order can help cover housing and other daily expenses until final orders are entered. In high‑asset cases, courts may also award funds to cover case costs and legal representation fees. When seeking these orders, present a list of essential expenses, including:
Housing costs
Utilities and transportation
Medical and insurance expenses
Reasonable legal and expert fees
Courts review these requests to determine whether they reflect the marital standard of living and whether the controlling spouse has the ability to pay.
Gaining access to marital funds
If one spouse restricts access to financial accounts, the court may order limited withdrawals or supervised access to facilitate transparency, prevent financial manipulation and preserve marital assets. In high‑asset cases, judges may also require detailed accounting to track spending and protect complex holdings.You can benefit from legal support when pursuing temporary divorce orders in Georgia. The right representative can help you present a strong case and guide you through this complex process.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Can AI build your criminal defense?]]>https://www.rabbwilkersonlaw.com/?p=494462026-09-21T13:07:32Z2026-09-21T13:07:32ZArtificial intelligence (AI) is widely accessible and many people are using it in their daily lives. People can use AI to answer questions, generate pictures and write text. Someone could possibly use AI to create a legal defense against criminal charges. But would it be safe to use AI to build a criminal defense?
Using AI for legal guidance and representation can create legal challenges. Before relying on AI to build your criminal defense, you may want to learn about the issues with AI. Here is what you should know:
Issues with AI legal guidance
There are many issues with AI. One of the issues with using AI for legal guidance is that it may not provide accurate facts. There are many different and confusing laws for each state. When AI uses incorrect sources to provide legal guidance, it may not provide accurate legal information. For example, AI may provide defense options for drug possession from another state. As a result, a criminal defense may not work in Georgia courts because it does not apply the relevant state laws. In some cases of AI use, citations and facts are made up. If an AI system cannot find an answer to a question, it may create misinformation. For example, AI may incorrectly state that you cannot appeal a DUI charge. As a result, you may accept harsher criminal charges that could have been reduced or dismissed.AI cannot replace human intelligence when facing legal issues. Professional legal guidance can help build a legal defense against criminal charges.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Options for making child custody exchanges safer]]>https://www.rabbwilkersonlaw.com/?p=494372026-09-08T15:35:37Z2026-09-10T15:32:27ZMost divorced or separated parents manage the exchange of their children without needing to worry about safety. Yet, for some parents, safety is a real concern due to the volatile nature of their relationship with their ex-spouse or partner.
A violent or abusive co-parent can turn what should be a straightforward occasion into a moment of potential danger. The following options are worth considering if this is the case.
Use the local police department’s safe exchange area
Many police departments and sheriff’s offices have designated safe exchange zones. These usually have video cameras and good lighting to facilitate the safer exchange of children between parents, as well as the exchange of goods bought on the internet. Nevertheless, history has shown that even these locations may not provide enough protection in some cases.
Have someone else accompany you
Attending the handover with your parent in the passenger seat might dissuade your ex from behaving poorly toward you. Alternatively, you could demand that they send the children with their parent or another family member so that you never need to come face to face with them directly.
Use a third-party professional for the exchange
There are parties that specialize in coordinating and supervising custody exchanges to take the stress and danger out of these moments for children and parents alike.Understanding how to request that a court put some rules in place around your chidl custody exchanges is wise if you anticipate or are having issues.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Can you get alimony while living in the same house as your ex?]]>https://www.rabbwilkersonlaw.com/?p=494442026-09-09T02:14:02Z2026-09-10T01:58:13Zright to alimony? In Georgia, the real question is whether the couple is living in a bona fide state of separation -- not whether their addresses are different.
Requirements for living separately under one roof
A dependent spouse can request alimony while the divorce is pending and, in many cases, after. However, neither situation requires them to be living separately.
The law does require that their lives be – for all practical purposes – separate. If they no longer function as a unit, then alimony may be appropriate. Temporary alimony may be requested while a divorce is in process to address immediate financial needs, while permanent or periodic alimony could be awarded after the divorce is over.
Questions may arise about whether or not the separation is legitimate, of course. Facts that make separation “bona fide” include:
Sleeping in different rooms
Ending marital intimacy
Separating personal finances
Handling daily routines independently
Clearly communicating that the marriage is over
Sharing the home could influence the court’s decision about how much alimony to award, but it does not make the requesting spouse ineligible. The court may examine each spouse’s income, separate assets and expenses. Each party’s financial circumstances may also be part of the equation when assigning dollar amounts. For example, one spouse might remain in the home but have no access to any marital funds or enough income to cover food, transportation, medical care and other necessities if the other spouse refuses to provide them.
The court may also consider who is paying the mortgage, utilities and household expenses. A spouse already covering most of the household costs might argue that those payments should be considered when determining whether additional support is appropriate.
If you’re approaching a divorce, financial concerns are likely very important. Speaking with an experienced attorney can help you assess the path forward.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Giving false identifying information to police can be a crime]]>https://www.rabbwilkersonlaw.com/?p=494432026-09-09T01:49:51Z2026-09-09T01:49:51ZGeorgia law, it is a misdemeanor to provide false identifying information to an officer who is lawfully performing official duties with the intent to mislead that officer about the person’s identity or birthdate.
The difference between a mistake and a crime
People get tongue-tied and may misspeak when they feel frightened, upset or intimidated. Therefore, it is always possible that someone made a mistake while speaking. They might give the police a “street” name or a nickname they’ve long used, without thinking that they’re somehow misleading the officer. They might – especially if they’ve been drinking – give an old address.
A mistake is not necessarily a crime. To obtain a conviction, prosecutors generally must show that the person intended to mislead the officer. That might require looking at things like:
Whether the person gave multiple conflicting names or birthdates
Whether the false information belonged to another real person
Whether the person corrected the mistake
Whether the person possessed identification showing a different name
Whether there was an outstanding warrant or another apparent reason to conceal the person’s identity
Whether the officer’s body camera recorded the person as they were giving this false information can also be a factor in whether the offense is prosecuted.
One lie can lead to multiple problems
A conviction can mean possible jail time, fines and a criminal record. Anyone charged with giving false identifying information should seek legal guidance as quickly as possible.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[What happens when a DUI arrest starts with an unlawful traffic stop?]]>https://www.rabbwilkersonlaw.com/?p=494352026-09-08T15:31:20Z2026-09-08T15:31:20ZA traffic stop can happen quickly and leave a driver facing serious questions about what comes next. Even when a DUI arrest follows, the circumstances that originally led to the traffic stop may still matter.
The reasons an officer first pulled the driver over can affect everything that happens next. In some situations, an issue with the initial stop can become an important part of the case when the evidence from the traffic stop is challenged.
Why the initial stop matters
Police cannot stop a vehicle simply because an officer wants to see what the driver is doing. Generally, an officer must have reasonable suspicion that a traffic violation or other unlawful activity has occurred. Reasonable suspicion means the officer has specific, observable facts that support a reasonable belief that a law may have been broken. If there was not a sufficient legal basis for the initial stop, the legality of what happened afterward may also be challenged. Typically evidence used in a DUI case is obtained only after the traffic stop takes place. For example, an officer may notice an odor of alcohol, ask the driver to perform field sobriety tests or request a breath or blood test after pulling the vehicle over. If the stop was unlawful, the defense can file a motion to suppress to prevent the court from using any evidence found during that stop.An unlawful stop does not automatically mean that a DUI charge will be dismissed. However, it can give the defense an important basis for challenging the evidence gathered during the traffic stop. Looking at why the officer stopped the vehicle, what the officer knew at the time and what happened during the investigation can help determine whether the stop was legally justified. If you have been charged with DUI, it may be worth taking a close look at how the traffic stop began, not just what happened after you were pulled over. A legal professional can review the circumstances of the stop and help you understand how to challenge your case.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[What happens to debt in a Georgia divorce?]]>https://www.rabbwilkersonlaw.com/?p=494252026-08-16T14:41:32Z2026-08-16T14:41:32ZHow courts divide marital liabilities
Georgia operates under the rule of equitable distribution. This means marital debt is split fairly based on your unique circumstances, though not always in a precise 50-50 split.
Marital versus separate debt: Obligations incurred before marriage remain separate. The law considers any debt built up during the marriage for joint benefit as marital, regardless of whose name is on the account card.
Factors judges consider: Courts evaluate each spouse's income, future earning capacity and who directly benefited from the money spent.
Asset-linked loans: When one spouse receives an asset such as the home or a vehicle, the related loan is often assigned to that spouse in the divorce agreement, but the lender must still approve any change to the account.
Financial misconduct: If one partner recklessly wasted funds or hid accounts, the judge may assign a larger share of that liability to the responsible party.
Understanding these key criteria helps ensure a fair division of your shared obligations during settlement negotiations. A major pitfall during divorce is assuming the court order protects your credit score. Third-party lenders are not bound by your divorce decree. If the court orders your ex-spouse to pay off a joint credit card and they default, the lender can still pursue you for payment.
Protecting your credit
To protect your financial future, close or pay off joint credit lines before the divorce is finalized. If paying off the debt is not feasible, require your ex-spouse to refinance mortgages or auto loans into their name alone. Taking these proactive steps ensures you can start your post-divorce chapter with a clean financial slate.]]>by Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Can self-defense defeat an assault charge in Georgia?]]>https://www.rabbwilkersonlaw.com/?p=494242026-08-14T07:13:53Z2026-08-14T07:13:53ZHow can a self-defense claim affect an assault case?
A valid self-defense claim can justify conduct that led to an assault charge. It may also weaken the case when evidence supports the use of lawful defensive force. The charge and facts matter. Force used during an active threat differs from force used after the danger ends. A self-defense claim can also affect plea negotiations, court proceedings or trial strategy. The evidence can shape the strength of the defense.
What evidence can strengthen a Georgia self-defense claim?
Early legal review can clarify what happened during an alleged assault. An attorney can examine the facts and records to trace how the conflict began and how it unfolded.
Relevant evidence may include:
Video footage: Security, cellphone or body-camera video may show how the conflict started.
911 calls: Emergency recordings may capture statements made soon after the incident.
Messages: Texts or social media posts may provide context about the dispute.
Photos and medical records: These records may document injuries or property damage.
Witness accounts: Independent witnesses may explain how the confrontation began.
Conflicting evidence: Inconsistencies in witness statements, physical evidence or police reports may raise questions about the accusation.
Reviewing the facts early, ideally with an attorney, can uncover evidence that supports the defense and provide a clearer picture of what happened.
Building a stronger self-defense case
Georgia self-defense cases often depend on key facts, such as who started the conflict, what force was used, and when it was used. A strong defense starts with a clear view of how these facts fit the law. Early evidence and advice from an experienced attorney can help build a strong case and challenge weak claims.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Can you drive while waiting for your DUI case?]]>https://www.rabbwilkersonlaw.com/?p=494222026-07-27T18:25:22Z2026-07-27T18:25:22ZCritical deadlines for your driver’s license
A DUI arrest in Georgia triggers two separate legal issues: a criminal court case and an administrative license suspension (ALS). Understanding how these paths intersect is key to protecting your driving privileges.
Temporary permit: Upon arrest, law enforcement typically confiscates your physical driver’s license and provides a yellow document. The document known as DDS Form 1205 serves as your official temporary driver’s permit. You can drive using this document for 45 days following the arrest.
30-day window period: Despite the 45-day limit, you only have 30 calendar days from your arrest date to request administrative review or pursue another available option before an automatic suspension might take effect.
To stay on the road past the initial 45-day permit while your criminal case moves forward, you have two options: file a formal request for an administrative hearing to pause the suspension, or if you qualify, install an ignition interlock device on your vehicle to keep driving for essential daily activities.
Protecting your license
Choosing between an appeal or an interlock permit could directly impact your license and legal strategy. Therefore, if you are facing a similar challenge, discussing your specific circumstance with an experienced DUI attorney could help you understand more about your legal standing and choose the best path moving forward.]]>On Behalf of Law Office of T. Rabb Wilkerson, III, P.C.<![CDATA[Avoiding courtroom: How does an uncontested divorce work?]]>https://www.rabbwilkersonlaw.com/?p=494212026-07-24T18:48:40Z2026-07-24T18:48:40ZRequirements and benefits of uncontested divorce
To get an out-of-court divorce, the split should be uncontested. This means both spouses completely agree on all major factors, including property division, debt, alimony, parenting plan and child support. If you are pursuing an uncontested divorce in Georgia, these are some of the key parameters you should keep in mind:
No court appearance needed: In most uncontested cases, an attorney handles the filings without either spouse appearing in court.
Residency requirement: At least one spouse must be a resident of Georgia for a minimum of six months before filing.
Mandatory waiting period: The state law requires a minimum 30-day waiting period after your spouse is served or acknowledges the filing, meaning the earliest a judge can finalize the divorce is 31 days after service.
Lower cost: An uncontested divorce is cheaper than litigation, generally costing between $500 and $3,000.
While skipping the courtroom is common, the judge might still order a brief hearing for self-represented individuals to ensure financial affidavits and child support calculations are accurate. Certain counties require formal appearances for cases involving minor children to verify that the proposed parenting plan serves the child’s best interests.
Moving toward a smooth divorce
Getting divorced without a contested court hearing can save time, money and emotional stress. However, ensuring your legal documents are properly drafted and filed in accordance with Georgia’s law and court rules is critical. An experienced Georgia family law attorney could help ensure your agreements are legally sound to obtain a smooth divorce.]]>