Georgia Divorce Topics: To Sign or Not to Sign a Prenuptial Agreement?

Posted on April 19, 2012 by admin

Over the past few decades, divorce in the US have been rising steadily. Sadly, divorce in Georgia has become more and more of a common event. Entering a marriage with these depressing statistics may have you second guessing whether or not you should get a prenuptial agreement.

Getting a prenup is one of those things that is often in the back of both partners, but neither wants to bring it up. It can be a rather uncomfortable topic that may lead to a whole can of worms. However, in today’s society, coming up with an agreed decision on a prenuptial agreement should not be a daunting task. It should be something that every couple look into before they decide to tie the knot.

Prenuptial Misconceptions:

The main reason why people hate to bring up the topic of prenups involves the stereotype that when a man asks a woman to sign a prenuptial agreement, he is usually very rich and is afraid she is only marrying him for his money. Of course that is a legitimate reason for why one would want to draft a prenup, it is definitely not the only reason. Here are just a few reasons why Atlanta and Alpharetta divorce lawyers think signing a prenup can be beneficial for those who are wealthy, those who are average and those who are poor:

Reasons for A Prenuptial:

1. Prenuptial agreements are great for protecting personal assets such as stocks that you’ve been investing in, bonds, family inheritances, property investments and so forth.
2. Prenuptial agreements will protect you if you are an owner of a business or a partial owner of a business. This guarantees that the company will still be under your full control and ownership once a marriage is over.
3. Prenuptial agreements will protect your partner from being held accountable and responsible for your loans. After the divorce, the debt will only be on the partner who had it in the first place.
4. Prenuptial agreements are suggested for people entering their 2nd or 3rd marriage. Once you remarry, the financial and legal situation is going to be drastically different in comparison to your first marriage. After your first marriage, you have to factor in assets from previous marriage or alimony. A prenup will ensure that your assets are evenly distributed or distributed according to your say should you pass.

The information provided above is not intended as legal advice. For more detailed information on prenuptial agreements, divorce matters, or any other legal matter, please consult a Georgia divorce lawyer near you.

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Joint Child Custody: Do the Advantages Outweigh the Disadvantages?

Posted on April 6, 2012 by admin

An important part of divorce is determining who gets what and how much. Couples seeking divorce often hire lawyers because they cannot come to an agreement of how to split their possessions and assets equally or fairly. If many couples seeking divorce have a hard time coming up with an agreement on how to split assets, you can imagine how much harder it is to come up with an agreement on how to “split a child/children”.

Splitting financial assets is one thing, but determining child custody rights is another. For divorce cases involving children, child custody rights is of great importance. Few states prefer to grant sole custody, while most states, including Georgia, prefer to grant joint custody. Some Atlanta divorce lawyers and courts believe that it is best for the child to grow up with the presence of both parents. However, just how beneficial is joint custody for both the child and the parents?

The Advantages of Joint Custody

1. The child/children are able to grow up with the influence of both parents. Parents with joint legal custody are both able to make legal decisions for the child. Parents with joint physical custody both have legal rights to live with the child.
2. The child may serve as a beneficial and friendly common ground for the two divorced parents. Divorced couples must work together if they have joint custody of their child. With the child in mind, both parents may have more reason to be friendly, if not cordial to each other.
3. Both parents have less stress and responsibility with shared custody. Raising a child physically and making important decisions for a child can be taxing on just one parent. Joint custody splits up the responsibility.

Cons of Joint Child Custody

1. Physical joint custody allows both parents the ability to live with their child. It can be stressful for children to be constantly moving from home to home on a weekly basis. The child might have a hard time adjusting from one home to another, back and forth. It can be especially hard on small children who prefer stability.
2. Joint child custody does not work for every divorced couple. Some are able to make the best out of it, while others make the worst out of it. For some, joint custody equates to more fights and quarrels in regards to making important or even daily decisions for the child.
3. Sometimes with joint child custody, the needs of a child may go unnoticed. Joint custody means joint responsibility. However in some parents, it means the ability to evade responsibilities.

Over many years and through many divorce cases, Atlanta child custody lawyers have noted the fact that joint custody is not the right option for all divorcing couples. Theoretically, having both parents is very beneficial for a child. In reality, if the parents are not able to work together in a cooperative and friendly manner, joint child custody may be harmful to children in the long run. Joint child custody is not one size fits all. Children will benefit from joint custody if both parents are willing to put aside their differences.

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Temporary Hearings in Georgia Divorce Cases

Posted on April 3, 2012 by admin

One of the most popular questions surrounding divorce in Georgia pertains to temporary hearings, including what they are and why they may be beneficial. A divorce attorney can give you specific advice on what is best for you and your particular situation, but here’s some general information about temporary hearings in Georgia divorces:

Temporary hearings take place during the time after divorce papers are filed and before a final divorce decree has been issued, a time which is known as the “waiting period”.
Either spouse may request a temporary hearing, but it is not a required part of the Georgia divorce process.
The temporary hearing is not the same as the final divorce decree, but is meant to address some of the same issues, such as child custody, child support, child visitation, debts, alimony, and property division. Yet as the name implies, the decisions reached regarding these various aspects of the divorce are only preliminary and may change when final decisions are reached by the court.
The goal of a temporary hearing is to help take care of the practical details of your life while you are waiting for the divorce process to be finalized.

So how do you know if a temporary hearing is right for you and your situation? An experienced divorce attorney in Atlanta, or elsewhere in Georgia, will explain to you the various options available to you under Georgia law, and based on those options, will help you make the decision that will best protect your interests.

When you present your case before a judge at your temporary hearing, you want to make sure you have a Georgia divorce attorney with plenty of courtroom experience in order to win your case and achieve the outcome you seek.

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What to Look For In a Divorce Attorney

Posted on March 27, 2012 by admin

Sometimes you will find it difficult to accept the fact that you need the services of divorce attorney. Divorce is a very emotional and stressful issue that affects not only you but the entire family as well. The issue becomes extremely difficult when children are involved. That’s why you need to have a divorce attorney in Athens to work on the case for you. Your choice of an attorney is crucial to the success of your case. Here are some tips that you can use to find the best lawyer for you.

How to Make the Best Choice

Check their background. Be sure to do some research about the potential candidates that you will hire as your representative in your divorce case. Check their backgrounds, especially their field of specialization. Do they have a strong education foundation on family law? Do the law firms where they work focus on the areas of divorce and family law? The divorce attorney in Athens that you should hire must have years experience handling family-related cases.

The next thing to consider is that you should hire a counsel who knows the local laws and ordinances. Laws may have the same application everywhere in the country, but they are sometimes bounded by the realities of particular state. Aside from that, a local practitioner also knows the important contacts in the area. Connections can make all the difference in a divorce case. This means that your legal counsel must know the attorneys and the judges in the locality.

Work Ethic

You must choose an attorney with good work ethic and has been known in the legal community to be somebody who has risen from the ranks through hard work and positive efforts. Ask what his current load is. You don’t want a counsel who handles many cases at one time, leaving him with barely a moment to work on your case. A practitioner who has good work ethic will tell you if he has too much work already.

Before you hire a divorce attorney in Athens, meet with the person first. Meeting him in person will tell you he is professional, both in words and deeds. You can tell it by the way he dresses, by his manner of speech and by the way he carries himself in general.

Lastly, you must get along well with your lawyer. He must be something that is not difficult to deal with. He must be someone you can trust. Remember that in a divorce case, you may have to share some very personal things about your married life and your family. You don’t want to entrust information like this to someone who cannot be trusted.

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Divorce in GA: 10 Reasons to Hire a Divorce Attorney

Posted on March 26, 2012 by admin

Going through a divorce without the help of an attorney can be challenging. Divorce lawyers are able to provide their clients not just legal help, but a friendly shoulder to lean on. To get the best legal help, always hire a local divorce attorney. For example, if you live in Alpharetta it is best to hire an Alpharetta divorce attorney. There are many benefits to hiring someone within your county such as ease of appointments, knowledge of local judges and knowledge of surrounding divorce lawyers and firms. But before we consider the smaller details, here are 10 reasons why you should depend on a divorce attorney:

1. Settle an agreement:

Couples who are looking into getting a divorce rarely see eye to eye. Coming up with a mutual agreement is a hard feat. Individuals going through separation may not want to give into the other’s agreement and vice versa. This ongoing tug of war could go on forever. With the help of a divorce lawyer, couples are able to come to an agreed settlement much faster.

2. Serve as a mediator for you and your spouse:

It isn’t uncommon for couples going through separation or divorce to have pent up anger, frustration or contempt for the each other. Negative personal feelings often lead to fights, adding fuel to the flame. Divorce lawyers can redirect these negative emotions by taking on the role as a mediator.

3. Help lessen the emotional stress:

Going through a divorce can be emotionally, physically and emotionally draining on individuals. By hiring a trustworthy divorce attorney, you are able to lessen your load and less part of your burden. Your divorce attorney will be there to help take care of the details, keep you focused and hold your hand throughout the process.

4. Fast divorce procedure:

When going through a divorce, the last thing any couple wants is to prolong the divorce. With the help of a reputable family lawyer, the whole process of divorce and coming up with an agreed settlement goes by much smoother and faster.

5. Determine if you getting your fair share:

A crucial part of getting a divorce is determining how to divide property, assets and so forth. Different states have different laws for how to divide property and assets. Hire a local divorce attorney, Atlanta, Athens, or Alpharetta divorce attorney to consult you on Georgia divorce settlement procedures.

6. Help you with child custody laws:

Determining child custody is one of the most important factors for couples going through a divorce. An experienced family lawyer in GA will help you determine and fight for your rights as a parent.

7. Inform you of what you are entitled by law:

Getting a divorce in GA, you may be entitled to more than just marital assets.A knowledgeable attorney will inform you of everything you are entitled to by Georgia law.

8. Go over important legal documents:

To file for divorce in Georgia, you must submit and fill out the right legal documents for your local court to approve. Hiring a divorce attorney can help you keep track of these forms, help you fill out the forms and keep you moving smoothly along the divorce process.

9. Protect your rights:

A divorce lawyer is experienced with divorce law. An experienced lawyer will know all the ins and outs of the process, know what you are entitled to and know what your rights are. By hiring a trustworthy attorney with your best interest in mind, you are guaranteed to have your voice heard and your rights protected.

10. A shoulder to lean on:

Great divorce attorneys do not just provide legal help to their clients, they are also provide emotional help. Sometimes individuals going through divorce need someone to listen to their problems, worries, concerns and so forth. A divorce lawyer can provide clients a platform to express their anger, sadness, or frustrations.

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Divorce Lawyers: 10 Signs of Troubled Marriages

Posted on March 2, 2012 by admin

Before you race to the yellow pages and start looking up “best Atlanta divorce law firm”, take some time to really evaluate your relationship. Fighting is a common occurrence between couples. In fact occasional fighting and butting of heads can actually be beneficial for couples. But when your occasional disputes turns into constant fighting and indifference, your relationship may be in murky waters. Is your marriage possibly in trouble? Here are ten signs that there might be a bigger problem then which piece of furniture to get.

1. Unhappiness with relationship:

Do you find yourself feeling unhappier when you are with your spouse? If so, this should be a red flag signaling a greater problem. It doesn’t necessarily mean that you should get ready to sign the divorce papers, but it does mean that you and your partner should take time to figure out what is causing the unhappiness.

2. Same repeated arguments:

If you and your spouse are having the same arguments over and over again, it could mean that you are realizing different core values. People are bound to change as they age. Sometimes the change is minor, sometimes it is for the better, and sometimes those changes can cause a rift between two people.

3. Lack of physical intimacy:

Physical intimacy is a good indication of troubled marriages. Happily married couples report high levels of physical intimacy even after many years. High reason for divorce has been lack of physical intimacy.

4. Constant criticism:

Are you constantly criticizing your partner? Is your partner constantly finding ways to belittle you? Constructive criticism is one thing, but constant criticism is a clear sign that something is amiss. People often resort to criticism to uncover their unhappiness with something in general.

5. Lack of communication:

When you have good or bad news, do you shy away from telling your spouse? Communication is key for a functioning relationship. A tall tale sign of a troubled marriage is lack of communication on all levels.

6. Threat of physical abuse:

Any relationship where one of the spouses is in danger of physical or emotional abuse is one that is on rocky foundation. Abuse of any kind goes beyond a failed marriage. If you are in an abusive marriage, look into a quality Alpharetta divorce lawyer who can represent you.

7. Constant nitpicking:

Repeated nitpicking can be annoying. Such a habit is able to put up a wall between you and your partner. Unless it is within your personality to nitpick other people as well, your habit of nitpicking your wife/husband can be your subconscious tugging at your overall dissatisfaction with something deeper.

8. Suspicions of infidelity:

Infidelity is one of the most common reasons and grounds for filing a divorce in Georgia, nationwide, and worldwide. People who suspect their partner is cheating are either right or allow the worry to consume them.

9. Lack of common goals and virtues:

Change is inevitable. We can’t predict how we as individuals evolve, how our goals change, and how our priorities change. However a common reason for divorce occurs when a spouse places more importance on work or if a spouse lacks any kind of goals.

10. Find yourself looking for distractions:

Spending time with your partner should not be a requirement, tedious, or dreaded. If you’re looking for ways to distract yourself or to spend less time with your partner, it might be time to address the issue at hand.

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Sole Child Custody in Georgia

Posted on January 10, 2012 by Adam

Georgia sole child custody If you are considering filing for divorce in Georgia, or are in the midst of divorce proceedings, and have a child or children, you must be wondering about Georgia child custody concerns. Georgia child custody law can be very complex, which is why it’s important to have an experienced Atlanta child custody attorney representing you. There are different custody arrangements possible under Georgia law. Here’s a look at one possible option: sole child custody.

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Assisted Reproduction and Surrogacy in GA

Posted on December 27, 2011 by Adam

Georgia Assisted Reproduction Surrogacy Attorneys If you’ve had difficulty conceiving a child or are in a situation where traditional child bearing options aren’t open to you, there are steps you can take to add a new member to your family without going through the process of adoption. In Georgia, there are a variety of options open to both couples and individuals who want to utilize either assisted reproduction methods or surrogacy to have a child.

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Protect Your Finances During a Georgia Divorce

Posted on December 22, 2011 by Adam

Credit Issues GA Divorce Divorce is a very difficult time for your finances, and an experienced Atlanta divorce attorney can assist you with a range of issues relating to your financial future. One of the most common threats to your finances during divorce is that of unpaid bills. During Georgia divorce proceedings, it can become unclear who is responsible for certain unpaid obligations. This can negatively affect your credit rating, so it’s important to be proactive in doing what you can under Georgia law to protect your financial situation during divorce.

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How to File for Divorce in GA

Posted on December 12, 2011 by Adam

Filing for a Divorce in Georgia It sounds like a very simple question, but it is one of the most frequent questions Georgia divorce attorneys hear: how do you file for divorce in Georgia? Before we get to the answer, it’s important to know that if you are considering this question, you are probably seriously considering a divorce. If that is the case, you should consult with an Atlanta or Alpharetta divorce lawyer as soon as possible.

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