Dividing property can make the challenging process of divorce even more difficult. When you and your spouse cannot agree, the court steps in to make the decision. However, you do not have to simply sit back and wait for a ruling. By understanding the process, you may be able to get the court to decide in line with at least some of your requests. The discovery process Before the trial, you and your spouse must go through the discovery process. This is when both sides gather information about all property and debts. Each of you must share details about what you own and what you owe. This include ..read more

The laws regarding paternity and custody can vary state-by-state. In Georgia, if an unmarried couple has a child, the mother is the only one entitled to custody unless the father legitimizes the child by establishing paternity. This means that if you want to be recognized as the child’s father, you must actively seek to file for paternity. Why does this matter? If you are a father in Georgia and you are not married to the mother of your child, the state does not give you custody rights automatically. This means that, unless the mother is willing, you have no rights to see the child or take res ..read more

Divorce can be a challenging and emotionally taxing process, especially when financial matters come into play. Divorcing couples should disclose all assets during the divorce proceedings. However, if one spouse chooses to hide assets, it can lead to significant consequences. Consequences of hiding assets Georgia has 2.2 divorces per 1,000 people, and hiding assets during a divorce is a form of fraud. If a court finds that a spouse hid assets, the court may impose severe penalties. These penalties can include fines, sanctions or even criminal charges in extreme cases. Impact on division of asse ..read more

Going through a divorce is often a difficult and emotional time. You may think that filing the paperwork on your own will save money and be less complicated. However, attempting to navigate the complex legal process without professional guidance can end up costing you far more in the long run. There are a few key reasons to avoid trying to complete your divorce on your own. Costly financial mistakes Even small errors on your divorce paperwork can lead to problems dividing assets or determining spousal and child support. If you make any major mistakes, you may have to go back to court for modif ..read more

Parenting plans are an important part of any divorce or separation. These plans govern the way that parents share time with their children and make important parenting decisions, ensuring their children’s well-being and preserving relationships with both parents. When you are ready to create a parenting plan, there are some things you should consider. Put your child’s interests first Every decision on your parenting plan depends on your child’s best interests. Make sure you prioritize their needs first as you determine time-sharing and decision-making. Remember to factor in things such as your ..read more

For those who suspect they may be biological fathers of children born out of wedlock, they may have many questions about what they can do. The Georgia Putative Father’s Registry offers a way to address these questions and concerns about potential paternity. 1. What is the Georgia Putative Father’s Registry? The Georgia Putative Father’s Registry is a statewide database where individuals who believe they may be the biological fathers of children can voluntarily register their information. By doing so, they express their intent to receive notification regarding any legal proceedings involving th ..read more

The Judicial Council of Georgia explains that the law allows married parents equal rights to their children, but in unmarried situations, the law gives rights only to the mother unless the court orders otherwise. For this reason, it is incredibly important for both parents to understand all aspects of custody. Something commonly misunderstood is the difference between legal and physical custody. Legal custody Legal custody pertains to the authority to make important decisions regarding the child’s life. These decisions encompass various aspects, such as education, healthcare, religion and gene ..read more

Prenuptial agreements are useful tools for defining specific financial and property division considerations in a marriage. A signed prenuptial agreement provides a sense of clarity and security for both partners. It also encourages discussion about important issues early in the relationship. Prenuptial agreements can cover a variety of elements. Financial assets and debts A prenuptial agreement defines how a couple’s financial assets and debts get distributed or handled during the marriage as well as in the event of a divorce. This includes defining which assets remain individual property vers ..read more

Divorce proceedings can be complex, and when one or both spouses are military members, it adds another layer of complexity. One of the main concerns in such cases is how to handle the military pension. If you or your spouse has a military pension and you are going through a divorce in Georgia, it is important to understand how the state law treats these assets. The Uniformed Services Former Spouses’ Protection Act The federal law, the Uniformed Services Former Spouses’ Protection Act, plays a role in how the courts can divide military pensions in divorce. The USFSPA allows state courts to trea ..read more

Love is in the air, and you and your partner have decided to take the big step of getting married. While you get caught up in the excitement of planning your wedding, you might overlook one important aspect that can secure your future: a prenuptial agreement. Though it may not sound romantic, having a prenuptial agreement can bring a lot of benefits, especially for LGBT couples. While it has not always been the case, everyone can get married thanks to marriage equality laws. With this new reality come new complexities, and LGBT couples must consider protecting their interests with a prenuptial ..read more