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Mary Ellen Cates, Atty & Mediator
120 North Avondale Road, Suite A-2
Avondale Estates,
Georgia
30002
Phone: 404-292-3803
Fax: 404-292-1510
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MARY E. CATES, ATTORNEY AT LAW and MEDIATOR
Legal services offered:
- Uncontested divorce
- Contested divorce
- Child support
- Legitimization
- Visitation
- Custody
- Change of custody
- Mediation
- Case evaluations
Services for Pro Se Clients (who represent themselves):
- Prepare divorce documents
- Review divorce documents
- Prepare final agreement
- Review final agreement submitted to you prior to your signing
- Representation as attorney at mediation sessions
- Services as a mediator
- Case evaluations
ATTORNEY: Private trial practice since l985, exclusively in domestic relations.
Please see Divorce Truths, which includes my observations from trials I have been involved in since 1985. It will give you substantive information as you enter your divorce. Also, it will introduce you as to how I practice law. As an attorney, I have represented husbands and wives in equal numbers. I have obtained custody for fathers as well as for mothers.
In uncontested divorces where parties can agree, documents can be exchanged through e-mail and regular mail to maximize your time.
MEDIATOR: I am licensed by the State of Georgia as a mediator, and offer services as a family law mediator. Please see Divorce Truths, Chapter 5, “Mediation, An Alternative.” I have included the guidelines I use in my mediations to give you a better understanding of mediation.
I am available for mediation on an hourly basis. The parties usually split mediation the costs. Even if you do not believe mediation can resolve everything, it is an excellent opportunity to sit down with your spouse and learn everything that you will be up against when you get to court. Perhaps you can eliminate many of the issues, and shorten the time you spend in court.
If you have an attorney, she will usually attend the mediation session, and since she is present as legal counsel, any agreement is final. If your attorney cannot or does not wish to attend, the parties can take the agreement to their attorneys to review prior to making it a final commitment.
If neither of you have retained an attorney, the mediation can be just between the parties. It is usual to give both parties a specified period of time to consult with an attorney of their choice to review the agreement before they give their final acceptance to the mediated agreement. Many parties prefer the informal setting of mediation. Obviously, if your case settles in mediation, you eliminate the expense of trial.
I am happy to mediate with just the spouses, or the spouses and their attorneys.
CASE EVALUATOR: If you have an attorney, you don’t need a case evaluator. If you don’t have an attorney and you are headed to court, I offer services as a case evaluator to point out the weaknesses of your case and help you develop a logical presentation for the court. You should know in the majority of cases, the party who has an attorney usually wins.
See Divorce Truths, Chapter 2, “I Want To Represent Myself!” This will give you some understanding of the many serious obstacles you will be facing. A case evaluation is not a substitute for having an attorney, but it will help strengthen your presentation by looking at the evidence you need to level the field. As you will learn from reading Chapter 2, you may have too much to lose not to hire an attorney. You may be a very intelligent professional, but it’s legal knowledge that is needed now. The question is how bad will your lack of it hurt you? I would recommend an attorney at least for trial.
Case evaluations are provided on an hourly basis.
QUESTIONS AND ANSWERS
Q: If I already have an attorney, can I change attorneys in the middle of my case?
A: Legally, yes. What you need to ask yourself is why are you changing? Are your expectations unrealistic? Are you trying to prove a point that can’t be proven? If you have a specific problem with your attorney, you should talk to him or her about it. It can be expensive to change attorneys. The new attorney has to get up to speed on everything that the old attorney already knows. Plus, if you have already had hearings and didn’t have them reported by a court reporter, the new attorney will be at a disadvantage because they don’t know what was said in court.
Q: I went to a hearing and did not have an attorney and am not happy with the result. What can I do now?
A: If you didn’t have an attorney in court, you should talk with an attorney who has practiced before the same judge who heard your case. Ask the attorney to speculate as to why the judge decided as he did. Remember, however, this is only speculation. One of the reasons you hire an attorney is for knowledge of how to handle situations in court. The bad news is that if you just had a protracted hearing, you might be stuck with the result until the next hearing, attorney or not. There are temporary hearings, motions hearing, temporary protective hearings, and final hearings. Unfortunately, you don’t get to do it over just because you didn’t like the result.
Q: If my spouse and I are willing to end our marriage amicably, can we do it with a mediator?
A: You can have the terms of your divorce negotiated with a mediator. Then you can either represent yourself in filing and finalizing the divorce if you have the time to figure out how to do it, or hire an attorney to do it.
Q: If my spouse and I agree to everything in mediation, will it save us money in hiring the attorney?
A: Obviously, if the attorney does not have to go to court and argue your case to the judge and obtain a ruling on the terms of the agreement, it will save time, which in attorney talk equates to money.
Q: Can we both mediate our agreement but reserve our right to have an attorney review it?
A: Yes. You can actually state that in the agreement as part of the understanding of the parties. This is not unusual. Parties without attorneys want the opportunity to have an attorney of their choice review any agreement prior to making it final.
Q: The concept of mediation still sounds a little strange to us.
A: You can call any mediator and they should be willing to talk with you further about the process. You can certainly call me, although someone who mediates in the local jurisdiction where your case will be filed is the best source of information.
Q: I have heard that if the parties can all agree and there is nothing for the judge to decide that you can obtain the final judgment and decree of divorce without actually going to court. Is this correct?
A: Yes, in some counties before some judges. There are still judges, however, who insist on the parties attending court for the final. In the jurisdiction where I practice, when you file a case, you never know which judge will be assigned the case. Once it’s filed, you have a better idea of whether or not you have to attend court for the final.
Judges are usually willing to work with individuals who have special circumstances, as in military personnel who can’t come to court. I have been granted permission to obtain the final by a procedure known as motion for judgment on the pleadings.
Q: Can we exchange information and agreements via e-mail to minimize having to come into your office?
A: Yes. I have handled entire cases through e-mail and regular mail, and only meet the parties when we go to the courthouse.
Q: What things do you consider prior to accepting an involved divorce case?
A: The reasonableness of the client, and whether there is credible evidence to support the client’s position. It is important not to misrepresent anything to my clients. While I will always put forth the best possible presentation, it is imperative that the client recognize his or her weaknesses. Also, spouses who are extremely hostile put additional stress on an already stressful situation, which makes the case more difficult and more time consuming (and more costly).
Q: Do you take cases when the client has employed prior attorneys?
A: Usually not, because the case has become so totally convoluted that a new attorney cannot be effective. A client is looking for a reversal of fortunes from the new attorney in the courtroom. If your case was going well, you wouldn’t look to change. If I don’t have the case from the beginning and establish the parameters early on, it is difficult to change the judge’s opinion or reasons for past negative rulings. The clients and I need to have a complete understanding of limits that have already been put in place.
Q: What is the best advice you can give to divorcing couples who are fighting over their children?
A: Don’t do it. Work something out. The way you adjust to the divorce and the way you handle the divorce affect how your children will adjust. Find a way to cooperate as parents living apart. You should think first as parents, not as a husband or wife. Even if you don’t think it will do any good, attend mediation. Talk with your attorney and try to determine what emotional stage you and your spouse are at and if there can be any acceptance for the good of your children. Focus on your children. Get psychologists involved. Do whatever it takes.
Q: What is the best advice you can give to divorcing parties?
A: Know what you can control and what you can’t. Don’t expect your spouse’s personality to improve during a divorce. Don’t expect him or her to be any different than they have always been. People don’t change for the better in a divorce. Emotions are raw.
Q: What single characteristic of a client alerts you as an attorney that you do not think you can work with this individual?
A: The one who is consumer by anger and hatred. These individuals want their spouse to pay every day in every way, no matter how small the indiscretion. They are stuck in their past and have no desire to move forward into their future.
Q: If I am going to represent myself, can you review my documents and give me your advice on what I am doing and/or should do?
A: Yes. We can work out an hourly rate. You do need to realize, however, a lot of what happens in court is the way the information is presented. Just having your documents and facts correct does not always mean you are going to be able to present your case properly, or that you can successfully withstand an attack from an experienced opposing attorney.
Q: What advice would you give someone going to court without an attorney?
A: Don’t do it. Never underestimate the life changing ability a judge has. Never underestimate the power of an experienced opposing attorney. First and last, ask yourself what you stand to lose, because that will probably be the result.
Q: Do you answer e-mail inquiries? What basic information is helpful to you?
A: Yes, I answer e-mails. The basic information I need to know is the county where the case is to be filed or is pending. I don’t practice in all counties because of distance, traffic, and unfamiliarity with the judges.
Q: Do you give an initial free consultation?
A: Yes, if it’s the type of case that I handle in the jurisdictions where I practice. Usually, we can talk on the telephone if that is more convenient for you. If you need to come into the office, that also can be arranged. I do not charge for an initial consultation; however, if you wish for me to review documents and give my opinion, I would quote a price for that.
Q: Do you like clients who are involved in their divorce process?
A: Absolutely. I can never know as much about your case as you do. I supply the law and you supply the facts to me to present them to the court.
Q: What substantive issues do you think are important for parties to recognize early on in their divorce?
A: The financial realities during and after a divorce. One of the most powerful positions you can take is to think financially. When it’s over, it’s over. The difference is what you ended up with.
Q: What do you want potential clients to know about you?
A: Prior to my engagement as your attorney, I want to meet in person so we can determine how well we can work together. I do not take all cases, as I have downsized my practice. I do, however, give personal attention to my clients. I return phone calls within a reasonable period of time, and, subject to the restraints of opposing counsel and courts, I try to get your case over with as quickly as possible. The longer it drags on, the worse the conditions usually become. When my representation is concluded, I would like for you to recommend me to your friends as someone who did a good job.
Please email us for additional information.
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