Gray divorces: a growing trend across the United States
William C. Davison Blog
by carmen.reyes-wolfe@thomsonreuters.com
2w ago
In recent years, there has been a noticeable increase in divorces among older couples, what is known as “gray divorce,” which refers to a divorce between people over the age of 50. This trend might come as a surprise, given that we often associate divorce with younger couples. However, it is a trend that is here to stay for several reasons, as more and more couples in the United States decide to separate or divorce later in life or well into their marriage. What is a gray divorce? Gray divorce is a relatively recent trend taking family law offices by storm, and it refers to couples, often over ..read more
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Divorce and how much say children have in where they live
William C. Davison Blog
by bkabritsor
3M ago
Divorce in Georgia can be an uncertain time for both parents and children. Children may express a preference for where to live, or the parents may wonder if their children are old enough to choose where to live. Understanding the factors that influence a child’s living arrangements post-divorce sheds light on the extent of a child’s say in such matters. Age-appropriate input In Georgia, children make up about 23% of the population. While the state does not have a specific age at which a child’s preferences become decisive, courts consider the child’s age and maturity level when weighing their ..read more
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How do I start the process to adopt my stepchild?
William C. Davison Blog
by bkabritsor
6M ago
Adopting a stepchild can be a life-changing decision, solidifying the bonds within your blended family. The process may seem daunting, but with the right guidance, you can navigate it smoothly. Petition the court Begin by filing a petition with the family court in your county. This document, officially requesting the adoption, must include information such as the child’s name, your name, your spouse’s name and the child’s other biological parent. Along with the petition, you will need to provide a copy of the child’s birth certificate. Consent or termination If the other biological parent is w ..read more
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Are Separate Bank Accounts Part of Marital Property?
William C. Davison Blog
by bkabritsor
9M ago
When you face divorce after a long marriage, the division of your assets and liabilities can be confusing. You likely have questions regarding how the courts divide property. Georgia divorce laws work to give each spouse an equitable share of marital property. A judge examines the details of your case to determine a fair settlement. Equitable distribution does not necessarily mean equal. What Does Marital Property Include? In Georgia, anything you and your spouse acquired during the marriage is marital property. These assets include real estate, automobiles, stocks and bonds, retirem ..read more
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What do judges look for when determining child custody?
William C. Davison Blog
by a.haverkamp@thomsonreuters.com
1y ago
There are no guarantees when fighting for the child custody outcome you and your family deserve. While you may not be certain about what the outcome in your case will be, you can improve the quality of the outcome by knowing what a just will consider when they decide on your custody arrangement. Only 29% of child custody cases avoid a courtroom or mediation, so here are some things you can expect a judge to consider in your case: Each parent’s ability to care for their children one of the primary factors a judge will consider in a child support case is how well each parent can provide for thei ..read more
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What constitutes abandonment of marriage?
William C. Davison Blog
by bkabritsor
1y ago
In many cases of marriage, there is a clear breakdown and legal path to separation and divorce. However, in other cases, the line between marriage and separation is not so clear. One of these cases is the abandonment of marriage, or when one spouse walks out on the other without necessarily saying they want to seek a divorce. Here are a few of the things that constitute abandonment of marriage in Georgia. A spouse leaving with no consent Sometimes a spouse will leave the family home and reside elsewhere for reasons such as employment or to have a trial separation from their partner. This does ..read more
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How the law protects the rights of military parents
William C. Davison Blog
by bkabritsor
1y ago
Divorce may be inevitable when spouses can not reconcile their marriage with military service obligations. As a military parent, you may worry that your frequent deployments could impact your child custody case. However, Georgia adjusts the standard child custody process to accommodate military service in the following ways with the Military Parents Rights Act. Timing for a custody hearing The law ensures that final custody decisions do not happen until military parents return to their home state unless they agree otherwise. In addition, parents who return from deployment have 90 days to prepa ..read more
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What is the 10/10 rule in military divorces?
William C. Davison Blog
by bkabritsor
1y ago
Few divorce cases are easy. The majority of cases involve several considerations as to how to split assets and marital property according to state laws and regulations. In military divorce cases, however, the proceedings must adhere to a set of additional laws and guidelines as well. The United States provides a number of benefits to military service members during and after their service capacity. The spouses of these members also see benefits – even after a divorce in some cases. The 10/10 rule Entitled members of the military receive retirement pay after service. If married for more th ..read more
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How does stepparent adoption work in Georgia?
William C. Davison Blog
by bkabritsor
1y ago
If you want to adopt your stepchild in Georgia, you will become the child’s legal parent. He or she will have inheritance rights and be able to access available Social Security or veterans’ benefits in your name. You must have permission from both your spouse and the child’s other biological parent. Review the process of stepparent adoption in Georgia if you are considering this path. Filing a petition The court will ensure that you have the mental, physical and financial ability to care for the child until he or she becomes an adult. For a stepparent adoption, the stepparent must submit the p ..read more
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Can my spouse take half my retirement income in a divorce?
William C. Davison Blog
by bkabritsor
1y ago
Divorce poses unique issues for older couples that they would not necessarily have faced when they were younger. Couples who divorce later in life often have significant assets they must split during property division. Does this mean that your spouse can take half your retirement income? A little background Later-in-life divorce is not uncommon these days. According to the Pew Research Center, divorce for people aged 50 and older has almost doubled from the 1990s. People are living longer and some empty nesters decide to pursue new beginnings once the children are out on their own. Finances, h ..read more
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