Law Office of T. Rabb Wilkerson, III, P.C. Law Office of T. Rabb Wilkerson, III, P.C. 2026-07-01T12:17:16Z https://www.rabbwilkersonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304278/2025/09/cropped-siteicon-32x32.png On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Georgia requires a waiting period when spouses file for divorce]]> https://www.rabbwilkersonlaw.com/?p=49407 2026-07-01T12:17:16Z 2026-07-01T12:17:16Z How long must spouses wait after filing divorce petitions? Estimating the duration of divorce proceedings can be difficult. The actual timeline for a divorce depends largely on the spouses. The more disagreements they need to resolve, the longer the divorce may take. When they file paperwork can also influence the process, as the volume of cases the courts have pending can affect the speed of the process. Spouses who are aware of the rules for divorce can time their filings more effectively. The cooling-off period in Georgia is 30 days. After a full 30 days have passed, the courts can move forward with the divorce proceedings. When spouses pursue an uncontested divorce based on terms set through mutual agreement, the divorce process may not require much more than a few months. In scenarios where litigation is necessary, divorce can take substantially longer to complete. Working with a family law attorney can help people understand the divorce process, including the likely timeline given their current circumstances. Those preparing for divorce may want to discuss their options and learn more about state statutes before they file any official paperwork accordingly.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Avoid these 4 mistakes after being charged with DUI]]> https://www.rabbwilkersonlaw.com/?p=49405 2026-06-22T13:42:29Z 2026-06-23T13:36:24Z A DUI charge can be intimidating. You’re worried about your driver’s license, your job, your reputation and your future. The decisions you make immediately after your arrest can affect the outcome of your case. Therefore, here are some common mistakes you need to avoid:

1. Waiting too long to take action

As soon as you’re arrested, the clock begins ticking. In addition to your criminal case, you may also face administrative action against your driver’s license through the Georgia Department of Driver Services (DDS). There are important deadlines that can affect your ability to challenge a license suspension or explore options for maintaining your driving privilege. While you may be feeling overwhelmed in the moment, you need to act quickly in determining your next steps.

2. Talking about your case on social media

You may be eager to share your side of the story online, but anything you post could be used against you in court. Photos, comments and even private messages may become evidence in your case. Avoid discussing the incident online, and ask your friends and family not to post anything about it.

3. Assuming a DUI charge can’t be challenged

Many people assume that a charge automatically leads to a conviction. That is not always true. DUI cases often involve complex issues related to traffic stops, field sobriety tests, breathalyzers, blood testing procedures and the actions of law enforcement. Errors at any point in the process can affect the prosecution’s case.

4. Representing yourself in court

Prosecutors handle DUI cases regularly and are well-prepared. If you’re charged with DUI, you need a legal representative who can help you understand your rights, explain the potential consequences, negotiate with prosecutors and advocate for the best possible outcome.  ]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[How to tell your children their parents are divorcing]]> https://www.rabbwilkersonlaw.com/?p=49404 2026-06-22T13:39:05Z 2026-06-22T13:39:05Z There are few conversations more difficult for parents than telling their children they are divorcing. There is no perfect way to share this news, and how you handle the discussion can impact your children’s emotional well-being. By approaching this conversation with honesty, compassion and a clear plan, you can help your children feel loved and supported during this major life event.

Begin with a clear plan

If possible, both parents should tell their children about the divorce together. By presenting a united front, you are showing them that, even though the marriage is ending, the two of you remain committed to them. Before the conversation, you and your co-parent should agree on what to say and be prepared for questions. Consider discussing:
  • When will the separation happen
  • Where each parent will live
  • Whether the children will need to move or change schools
  • How parenting time will be shared
Working together and creating a thoughtful parenting plan can help reduce uncertainty for everyone involved. Select a quiet, familiar setting where the children will feel safe and comfortable. Avoid having this conversation right before bedtime, school, holidays or major events. You will want to allow plenty of time for your children to ask questions and express their feelings. They may not respond right away. Some children need time to process the information before discussing it further. It’s essential to reassure your children that the divorce is not their fault. Tell them clearly that the divorce is an adult decision and that nothing they did caused it. Continue to remind your children of your love and support. Children often feel more secure when their routine remains consistent. Try to maintain regular schedules for school, extracurricular activities, meals and bedtimes. If changes are unavoidable, communicate that to them clearly and in advance. If you are considering divorce and are concerned about child custody and parenting plans, speaking with a legal representative can help you understand your options and protect your rights.  ]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[How to avoid a conviction after drunk driving charges]]> https://www.rabbwilkersonlaw.com/?p=49402 2026-06-12T07:44:26Z 2026-06-13T07:43:30Z A drunk driving charge has a lot of uncertainties about your license, record, job and future. While the situation is serious, a charge is not the same as a conviction. The strength of the case depends on evidence, procedure and how early you involve legal support. You do not have to understand every rule. With the right legal guidance, you can look at what happened, protect your rights and avoid choices that may make the case harder to defend. 

Building a defense, not guessing alone

One of the most important steps is having your legal team review the details behind the arrest. Drunk driving cases involve traffic stops, field tests, breath tests, blood tests, reports and officer observations. Each part should be checked carefully. You or your legal team can check if law enforcement had a valid reason to stop your vehicle. They can also look at whether testing was done correctly, whether equipment was properly maintained and whether your rights were respected during questioning or arrest. Helpful records may also need to be gathered before they disappear. This may include:
  • Body camera footage
  • Witness statements
  • Medical records 
  • Receipts, phone records or ride-share details
  • Breath or blood test records
These details help your legal team understand whether the charge can be challenged, reduced or handled through another possible resolution. In some cases, weak evidence or errors in procedure may affect how the case moves forward. Legal support can also help you avoid common mistakes, such as missing court dates, making public comments or accepting an outcome before understanding your options. Drunk driving charges are too important to handle without steady guidance. Involving an experienced legal practitioner early can give you a clearer path, protect your record and help you work toward the best result possible.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[3 ways to emotionally prepare for divorce]]> https://www.rabbwilkersonlaw.com/?p=49401 2026-06-12T07:43:22Z 2026-06-12T07:43:22Z The end of a marriage can bring uncertainty, grief, anger, relief and fear, all at the same time. It can affect how you see yourself, change the rhythm of your daily life and force you to rethink plans you once believed were certain.  Because the emotional impact of divorce can be so significant, preparing yourself mentally is just as important as understanding the legal steps ahead. Taking time to process your feelings, strengthen your support system and approach decisions with a clear mind can help you navigate through this transition. 

1. Manage your emotions in a healthy way

You do not have to pretend you are fine. Sadness, confusion, happiness and feelings of incompetence can surface simultaneously.  Start by naming what you feel without judging it. Write in a journal, talk with a trusted friend or meet with a therapist. Keeping emotions bottled up can make each decision feel heavier than it already is. 

2. Build a circle that grounds you

Divorce can feel lonely, especially if friends or family do not know what to say. Choose a few steady people who can listen without pushing you toward rushed choices. Your support circle may include family, close friends, a counselor or a divorce support group. Try to avoid people who fuel conflict or make you feel ashamed. 

3. Do not make rash decisions

It is natural to want fast answers when you are hurt. However, major choices about money, parenting, housing or communication should not be made only from pain. Pause before responding to tense messages. Save records, review your priorities and think about what will still matter six months from now. This helps you protect your peace while staying focused on practical needs. Divorce is deeply personal and emotional preparation can make the road feel less unsteady. As you sort through the next steps, support from someone who understands the legal side can help you feel more informed, less alone and better prepared for what comes next.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[What is the most common misdemeanor in Georgia?]]> https://www.rabbwilkersonlaw.com/?p=49400 2026-05-28T03:55:10Z 2026-05-28T03:55:10Z There are hundreds of ways to break the law in Georgia. There are archaic laws on the books that law enforcement departments rarely enforce. Some crimes are so common that people get arrested for them every day. Police departments prioritize enforcement based in part on the social impact of crimes and current political priorities. They also allocate department resources to enforcement for different offenses based on how common they are. Understanding what misdemeanor offense is the most common criminal charge in Georgia can help people understand what local police departments may prioritize.

The most common crimes are traffic offenses

Misdemeanor crimes range from petty theft to criminal trespassing. However, when looking at the overall number of offenses prosecuted in the state, traffic misdemeanor crimes are the top misdemeanor offenses in Georgia. Driving under the influence (DUI) charges are incredibly common. According to FBI statistics, there were more than 22,000 DUI arrests in Georgia in 2025, and a large percentage of those cases led to a conviction. People get arrested after car crashes or traffic stops. Both demonstrably impaired driving capabilities and elevated blood alcohol levels can be grounds for DUI charges. The courts also frequently see many speeding or crime and reckless driving allegations. Minor drug possession offenses, public drunkenness and simple assault are also common misdemeanor offenses. Anyone facing a DUI charge or other misdemeanor offense may benefit from discussing the matter with a criminal defense attorney. While misdemeanors are not as serious as felonies, they still warrant a proactive response from the defendant.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Why “wobbler” offenses often lead to felony charges]]> https://www.rabbwilkersonlaw.com/?p=49398 2026-05-28T03:50:07Z 2026-05-28T03:50:07Z Some crimes are easy to categorize. People generally recognize that murder is a very serious crime that leads to felony charges. People also understand that there are many lesser crimes that may only lead to misdemeanor criminal allegations. There are also some types of offenses that people refer to as “wobbler offenses.” Understanding what that means can be helpful for anyone accused of this unique type of crime.

A wobbler could be a misdemeanor or a felony

A wobbler offense is a crime that can lead to either felony or misdemeanor charges. Typically, details about the situation determine if the offense is a misdemeanor or a felony. In theft cases, the type of property and the value of the assets stolen determine if the state pursues misdemeanor or felony charges. Numerous other crimes are wobbler offenses. There are aggravating factors that might lead to the state pursuing felony charges against a defendant. The law may also recognize mitigating factors that allow for misdemeanor prosecution instead. Frequently, state prosecutors try to bring the most serious charges they can when prosecuting people. They often pursue felony charges if the law permits when someone faces a wobbler offense. Bringing the harshest charges possible can convince defendants to negotiate plea bargains to avoid the worst penalties possible after a conviction.  Looking into the technicalities of what makes a specific crime a felony can be a valuable component of a criminal defense strategy. Proving that the situation didn't meet the statutory requirements or even negotiating a plea bargain can be possible options for those facing felony criminal charges for wobbler offenses.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Why testifying in your own defense can help or hurt your case]]> https://www.rabbwilkersonlaw.com/?p=49396 2026-05-18T02:59:07Z 2026-05-19T02:50:40Z your own trial. Jurors are specifically instructed not to draw negative conclusions from a defendant's silence. On paper, staying quiet carries no legal penalty, but in practice, human psychology is a little more complicated than jury instructions.

When taking the stand can work in your favor

Testifying can help when your case depends on explaining intent, context or mistaken identity. For instance, if you're claiming self-defense or an alibi that no other witness can confirm, your testimony may be the only thing standing between you and a conviction. In some cases, a clear, consistent explanation can reinforce reasonable doubt and give jurors a reason to hesitate before convicting.

When testifying can backfire

Once you take the stand, you are subject to cross-examination. This means the prosecutor can use inconsistencies, prior statements and even small memory errors to question your credibility. If your testimony appears rehearsed, emotional under pressure or inconsistent with evidence, it can unintentionally strengthen the prosecution’s case.

Make an informed decision

The decision to testify should never be made on impulse. Criminal proceedings require strategy, not emotional reactions or split-second decisions. What’s the strength of the prosecution’s evidence? Can you remain composed under intense cross-examination? Will your testimony fill a gap nothing else can? These are some of the considerations an experienced legal professional can walk you through to determine whether testifying strengthens your defense or creates unnecessary risk.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[How courts address intentional depletion of marital property]]> https://www.rabbwilkersonlaw.com/?p=49395 2026-05-18T02:46:06Z 2026-05-18T02:45:22Z Georgia law exists precisely to protect spouses in situations like these. Courts don't turn a blind eye when one party tries to game the system by depleting what both spouses worked to build. Understanding how the legal process responds to such cases can make a real difference in what you walk away with.

When spending crosses the line

Not every withdrawal or purchase counts as wrongdoing. Courts generally focus on whether marital funds were used for non-marital purposes without benefiting the household in anticipation of divorce or during the actual process. Once spending becomes one-sided, excessive or unrelated to legitimate expenses it may be viewed as improper depletion of marital property. Some common examples include gambling away joint savings, draining retirement accounts, selling shared property far below market value or spending recklessly on an affair.

Proving wasteful depletion of marital assets

The spouse raising the issue carries the burden of proof. That means tracing money and showing how it was used. Bank records, credit card statements and forensic accounting reports are commonly used to establish patterns of waste. Courts require clear documentation to act, not assumptions or suspicion.

The potential remedies

Courts in Georgia can adjust the division of assets to offset the ensuing financial loss and restore fairness if one spouse depletes marital assets in bad faith. The result is often a reduced share for the spouse who wasted the assets or an offset awarded to the other party. If you suspect your spouse is hiding or wasting marital assets, act quickly. Gather all the evidence you can and urgently seek experienced legal guidance on the next steps to protect your interests. You deserve a fair divorce settlement, and it should not be compromised by your spouse’s financial misconduct.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Should you file for divorce over summer vacation?]]> https://www.rabbwilkersonlaw.com/?p=49394 2026-05-04T09:28:05Z 2026-05-04T09:28:05Z If you are a parent of young children and are unhappy in your marriage, it might make sense to initiate the divorce proceedings in late spring or very early summer. Doing so then, at a natural break in the year, could potentially help kids have time to adapt to what is now the norm for their family. Could you be ready to drop the hammer on your divorce this summer?

Not a decision to be made lightly

Chances are good that if you are contemplating divorce, you have seen the quality of your family’s lives deteriorating over time. Even if the divorce will not be well-received by your spouse, your own dissatisfaction with your marriage must have been a driving force over the past few months.

Should you try marriage counseling?

That is one approach, and it could possibly save your marriage from tanking. But sometimes people know that they are just done. There may have been a straw that broke the camel’s back, but it also could have been the slow erosion of love and trust in the relationship. Only the spouses know what they can endure and what must end.

Timing does matter

The premise that summer vacation from school might be a logical time to file for divorce is fairly sound for many families. Summer is also the time when many children head off to camp, making the summer months a better time for their one parent to move out. Kids can adjust over their summer break to their parents’ pending split without it overwhelming them when they have schoolwork and other things going on.

Make the best decisions for your family

With so much on the line for you and your family, you naturally want the least disruption to their lives as possible. Strategize with your legal team to develop a winning strategy to move forward after the divorce is complete.]]>