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770-609-1247 | Georgia Divorce and Family Law Articles

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Divorcing an Out-of-State Spouse

Posted by on Jul 6, 2017 in Uncategorized | 0 comments

Divorcing an Out-of-State Spouse

Divorce a spouse that live in another state can be a difficult process. Also and unfortunately, there is a lot of bad and misleading information published on the internet on the process.  It is important to keep in mind that at the time of divorce, it does not matter where you got married. What matters the most is the state you are living at the time of filing. Below is a discussion of the divorce process for someone living in Georgia divorcing a spouse that lives in another state the common issues faced with contested and uncontested...

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Complex Divorce Asset Issues – Georgia Divorce

Posted by on May 16, 2017 in Uncategorized | 0 comments

Complex Divorce Asset Issues – Georgia Divorce

In most divorces, dividing marital property is a heated and complex process. Emotions run high as each party has a different opinion of what they should be receiving from the settlement. Common property that is divided includes the marital home, cars, and income that was earned throughout the duration of the marriage. Debt is also equitably divided among parties during this time. However, tensions may escalate and the case may be prolonged as the assets become more complex. In cases where one or both of the parties has a high net worth or...

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When is Annulment an Alternative to Divorce?

Posted by on May 4, 2017 in Uncategorized | 0 comments

When is Annulment an Alternative to Divorce?

So you entered into a marriage, but right from the start you knew something is not right about your marriage? Well, annulment may be an option for you. It is important to remember that divorce is not the only way to terminate a marriage. A marriage can also be ended through a process called Annulment. Similar to a divorce, once a civil annulment is granted, spouses become single again. The article below is written for educational purposes and should be used solely for those purposes. It will list the ins and outs of the process called...

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Served with Divorce Papers? What Now?

Posted by on Apr 17, 2017 in Uncategorized | 0 comments

Served with Divorce Papers?  What Now?

So, you just got served with divorce papers? Maybe you were waiting for it, maybe not, but here you have it: your spouse wants a divorce and “you have been sued in the court.” Being served with the divorce papers, when you were least expecting it, can be one of the most overwhelming experience in one’s life. In circumstances such as this, what should you do? You may not be in the rational state of mind to think through your situation. Before you start to panic, it is advised to contact an experienced divorce and family law...

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What to Expect in a Divorce or Family Law Trial

Posted by on Feb 23, 2017 in Uncategorized | 0 comments

What to Expect in a Divorce or Family Law Trial

If you are involved with a divorce or family law case and the case is not eventually settled, it will be scheduled by the court to go to trial. A trial, also sometimes called a hearing is a procedure before the court in which testimony and evidence are presented so that a judge can make a decision. When a trial is held before a jury, it is called a jury trial. If the trial is before a judge only, then it is called bench trial. The vast majority of domestic cases that go to court are decided in bench trials. Does every Georgia divorce and...

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Divorce and Dividing the Marital Home

Posted by on Jan 19, 2017 in Uncategorized | 0 comments

Divorce and Dividing the Marital Home

When going through a divorce, many people are unsure as to what to with your marital property, in particular the marital residence. In Georgia divorce cases, the marital home and other pieces of marital assets tend to be the largest assets that spouses have to deal with at the time of divorce. This article is going to highlight the options available to you and your spouse in deciding on the marital property division. If you and your spouse can agree regarding the marital property division, the court will likely approve the settlement...

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Maintaining Health Insurance After Divorce

Posted by on Nov 17, 2016 in Uncategorized | 0 comments

Maintaining Health Insurance After Divorce

The division of assets, child support and marital debts, rather than health insurance, are usually the first concerns of parties who are filing for divorce. Accordingly, health insurance is probably not at the forefront of the divorce negotiations. However, the cost of health insurance is an ever-present concern for most Americans and an issue to be fully considered by the parties with their attorneys. The divorce agreement should contain a provision stating how the parties will pay for health insurance and uninsured health expenses going...

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Advantages of Filing Divorce First

Posted by on Nov 2, 2016 in Uncategorized | 0 comments

Advantages of Filing Divorce First

Making the decision to obtain a divorce is typically not an easy one to make.  In some cases, both spouses will sense that the marriage is nearing the end.  In other cases, one of the spouses will be completely shocked when they are served the divorce papers, and they were not aware that there was any problem with the marriage.  Whichever your case may be, you may have heard that the person who files for divorce first wins.  While this is not true, there are several significant advantages to being the first to file for divorce. Control Over...

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When to Hire a Divorce Attorney

Posted by on Oct 24, 2016 in Uncategorized | 0 comments

When to Hire a Divorce Attorney

While it is possible to accomplish a divorce without an attorney, there are certain situations when it is advised to hire an attorney to complete the paperwork for you.  Below is a discussion of when a “Do It Yourself Divorce” should be avoided and how to make the best use of an attorney’s help. Today many couples are trying to save money by cutting corners on attorney’s fees. However, while opting out of professional help could be a viable option in some areas of life, divorce is not one of them. First, there is no...

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Divorce – Determining Child Custody

Posted by on Oct 6, 2016 in Uncategorized | 0 comments

Divorce – Determining Child Custody

Similar to many other states, Georgia has its own unique laws and regulations that Courts follow when it comes to determining the child custody award. In an event of divorce, it is important to understand the basics of custody laws that state of Georgia adheres to. When determining the custody award, the Courts look at the “Best Interest of the Child” standard. This article is going to highlight the basics of custody laws, and will focus on describing different types of custody arrangements that can be awarded. As always, it is generally...

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Contested Divorce – What to Expect

Posted by on Sep 8, 2016 in Uncategorized | 0 comments

Contested Divorce – What to Expect

Think your marriage is over, but you and your spouse cannot agree on how to end the marriage? Well, then you may have a ground for contested divorce. Instead of moving from point A to point B and wrapping up your marriage, in Georgia, there are more steps that need to be taken prior to obtaining the divorce. What is a Contested Divorce A contested divorce is a lawsuit like any other. This process involves pleadings, discovery, motions, mediation, and potentially a trial before the judge. Unlike uncontested divorces however, contested divorces...

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Division of Trust Assets During Divorce

Posted by on Aug 29, 2016 in Uncategorized | 0 comments

Division of Trust Assets During Divorce

In the context of a divorce, questions about trust assets are common. When financial portfolios become more complex, financial trusts become more common. Trusts can serve variety of different purposes, and can be drafted in different ways. Trusts can be used as tools for gifting, asset management, and protection from creditor. And as expected, trusts also play a potentially big role in divorce proceedings as well. What are Trusts? Trusts create a fiduciary arrangement in which third party holds title to assets on behalf of the beneficiary...

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Parenting Plans in Georgia

Posted by on Aug 23, 2016 in Uncategorized | 0 comments

Parenting Plans in Georgia

Parenting Plans are required in all Georgia divorce, custody and custody modification cases.  When reality hits, people change, rules change, situations change, and relationships change.  That is when a Parenting Plan comes in handy.  The Parenting Plan addresses pitfalls that may arise to keep the court or conflict out of sight with the other parent.  When minor child(ren) are involved, dividing the time among the parents is usually the most difficult tasks as the emotions are likely to run high. A sample Georgia Parenting Plan can be viewed...

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Grandparent’s Custody Rights

Posted by on Aug 17, 2016 in Uncategorized | 0 comments

Grandparent’s Custody Rights

It is common for grandparents to consult with an attorney about their custody rights in Georgia as related to their grand children.  When determining custody of a child, Georgia courts will always use the “best interests of the child” standard. There is a presumption that the best interest of the child is to be in the care of at least one of the biological parents. This means that it can be difficult for grandparents to obtain custody over a biological parent. However, it is possible when the facts in the case support the applicable law in...

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Grounds for Divorce in Georgia

Posted by on May 28, 2016 in Uncategorized | 0 comments

Grounds for Divorce in Georgia

When filing for divorce in the state of Georgia, the party submitting the petition must cite the grounds for the divorce. Georgia law allows divorces to be filed on grounds of fault or on grounds of no fault by either party. Georgia allows parties to file for divorce when neither party is at fault, by filing on the grounds that the marriage is “irretrievably broken”. There are several grounds for fault-based divorce in Georgia. A fault-based divorce will usually be contested because a finding of fault is likely to affect the equitable...

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Georgia Divorce: Separate vs. Marital Property

Posted by on May 13, 2016 in Uncategorized | 0 comments

Georgia Divorce: Separate vs. Marital Property

Concerns of how property will be divided during a divorce is a source of stress for both parties. The laws of property division vary from state to state so it is important to speak with an attorney in your home state concerning these matters. In Georgia divorce cases, property is categorized as being either separate or marital property. Separate property is the property that each spouse acquired before the marriage. Separate property typically remains separate during and after the marriage. O.C.G.A. § 19-3-9. Marital property is property that...

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Hiding Assets During a Divorce

Posted by on Mar 17, 2016 in Uncategorized | 0 comments

Hiding Assets During a Divorce

During a divorce, especially when the couple has significant assets, one party may be inclined to understate their assets or income so as to avoid distributions or payments to their spouse. This can, not only greatly complicate the divorce proceeding, it is also illegal. Parties to the divorce proceeding report their income to the court via a Domestic Relations Financial Affidavit. The affidavit is signed under oath. While an unintentional mistake on the DRFA can be modified, any intentional financial discrepancies on the affidavit constitute...

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Divorce: Establishing Jurisdiction and Venue

Posted by on Feb 3, 2016 in Uncategorized | 0 comments

Divorce: Establishing Jurisdiction and Venue

The first step in filing for divorce is establishing where to file the paperwork. In Georgia, all divorces all filed in Superior Court. Most often, an individual will file in the county in which the couple resided. However if one or both spouses recently moved from the matrimonial residence, it can greatly complicate the proceeding. There are three components to consider when deciding where is the proper court to file for divorce. Subject matter jurisdiction, personal jurisdiction, and venue all must be established in order to proceed with a...

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Social Media: Divorce and Family Law

Posted by on Jan 5, 2016 in Uncategorized | 0 comments

Social Media: Divorce and Family Law

During a divorce or family law case, a party should significantly reduce social media activity during the course of the case. Social media sites can be a double edged sword when entering into a family law case as they can either provide you with valuable information and/or they can give the other party harmful evidence to use against you in court. Social media may include any online website that provides current information about you including, but not limited to:  Google+, Facebook, Twitter, LinkedIn, Instagram, Flickr, Pinterest, YouTube...

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Minor Children and the Court’s Jurisdiction

Posted by on Dec 8, 2015 in Uncategorized | 0 comments

Minor Children and the Court’s Jurisdiction

In the state of Georgia jurisdiction of the court is the court’s ability to hear a case on the basis of subject matter, personal jurisdiction, and / or previous jurisdiction. If a court system does not have jurisdiction over a case then any decisions made by the court in the case can be ruled invalid.  If a problem with jurisdiction is identified prior to a final judgment, the case may be relocated to a more appropriate court with jurisdiction or dismissed entirely. The state has firm and established guidelines for the determination of...

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Why You Need a Divorce Attorney

Posted by on Dec 6, 2015 in Uncategorized | 0 comments

Why You Need a Divorce Attorney

Going through a divorce can be a very difficult and stressful process, especially if your soon to be ex-spouse is making things more difficult by not cooperating.  In the middle of a divorce you might be under a lot of stress and at your wits end, which is understandable.  You also might feel like you are able to go through the divorce on your own without anyone’s help.  However, it is probably beneficial for you to hire an attorney.  Below we go over some reasons why hiring an attorney to help with your divorce might be your best...

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Men Receiving Alimony in Divorce

Posted by on Oct 27, 2015 in Uncategorized | 0 comments

Men Receiving Alimony in Divorce

A well-known part of the divorce process is alimony. Traditionally alimony has been awarded to the wife. However with changes in modern society, men are starting to become more aware of the ability for them to also ask for and receive alimony. Modern society has seen numerous changes in the divorce process, perhaps most dramatically in the area of “men’s rights.” While that includes father’s rights, men who have no children are also a part of this movement due to the changes in alimony awarded to men. Spousal support shifts are more and more...

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Contempt of Court Leads To Trouble

Posted by on Oct 20, 2015 in Uncategorized | 0 comments

Contempt of Court Leads To Trouble

Disobeying court orders is a common problem in divorce and family law cases and can significantly negatively affect your finances, custody, and visitation in negative ways.  All violations of a court order that are deemed to be without a reasonable explanation and are willful are found by most courts to be a contempt of the court’s order.  A determination of Contempt of Court can negatively impact a person’s life or current situation by making the party at fault subject to jail time, fines, community service, a modification of a...

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Importance of Being Open With Your Divorce Attorney

Posted by on Sep 29, 2015 in Uncategorized | 0 comments

Importance of Being Open With Your Divorce Attorney

So you walk into a conference room, with a big table and numerous chairs, several pictures and law books around you and you sit down and look across the table at a person in suit and wearing an inquisitive look, and they ask, “Tell me what’s going on.” You just started your first of many meetings with your divorce attorney and thinking about what to tell him or her about your life and marriage. Divorce can be a difficult and intimidating process for a client, but it can also be made less difficult with full and open disclosure to their...

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Alimony and Divorce in Georgia

Posted by on Aug 28, 2015 in Uncategorized | 0 comments

Alimony and Divorce in Georgia

When facing divorce, many of our clients have questions regarding alimony.  In summary, in Georgia, alimony can be paid in installments or by a lump sum payment. The court uses the following criteria in determining eligibility: Income and property of each party: alimony is most likely to be deemed necessary when there is a substantial difference in the amount of income/property between one spouse and the other. Earning capacity of each party: the present and future earning capacity of each of the spouses is another factor the courts take into...

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What is a Temporary Order?

Posted by on Aug 27, 2015 in Uncategorized | 0 comments

What is a Temporary Order?

What is a temporary order in the context of a Georgia Divorce or Family Law Case? A temporary order is an order from a judge usually made at a temporary hearing and regarding matters such as child custody, child visitation, attorney’s fees, alimony and/or child support payments and the living arrangements for the children and parties.  A temporary order is valid until further order of the court – which is usually the result of a long-term, permanent settlement between the parties or as the result of a final trial.  Usually a hearing for a...

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Divorce and Retirement Plans

Posted by on Aug 9, 2015 in Uncategorized | 0 comments

Divorce and Retirement Plans

If you are going through a divorce and you or your spouse has money in a retirement plan, you will most likely be required to share those funds.  In some cases, the funds may be awarded to only one of the spouses.  It is important to know how to handle a retirement account division so that the spouses receive their correct share.  The rules for division vary depending on the type on retirement plan it is.  Below are some questions about divorce and retirement plans and answers to help clear it up a bit. How would my wife and I split our IRA...

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Divorce and Social Media

Posted by on Jul 24, 2015 in Uncategorized | 0 comments

Divorce and Social Media

Technology advancements have really taken a leap forward in the last decade or so, it is now possible using social media to share information with almost anyone in the world in the blink of an eye.  There are also various ways to keep in touch with friends and family that live far away or meet new people; this can be done by using many social media platforms such as Facebook or Twitter.  However, along with being able to connect with people faraway, there is also the issue of privacy.  Most of the things that go online are ever fully removed...

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Divorce Advice for the Professional

Posted by on Jun 16, 2015 in Uncategorized | 0 comments

Divorce Advice for the Professional

If you are a professional; such as, a doctor, lawyer, certified accountant or have any other type of private practice then your practice could be on the chopping block when it comes to divorce. In the state of Georgia the law states that even the practice may be subjected to equitable division between you and your spouse. This equitable division could drastically impact your practice and the terms of future ownership. To make matters worse recent studies demonstrate that those who own private practices are, “20% more likely than the general...

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Georgia Divorce and Property FAQ’s

Posted by on May 18, 2015 in Uncategorized | 0 comments

Georgia Divorce and Property FAQ’s

After talking with thousands of people about how assets and property are handled in a Georgia divorce case, certain questions come up often.  Below is a discussion of some of the more frequently asked questions we answer for clients. We are getting divorced but we have joint property, do we have to sell it before we can get a divorce? No, no property has to be sold for a divorce to take place; however, property will be divided during the divorce. We are getting a divorce, I have moved out of the house, can I go back and take some things? This...

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