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Alpharetta Family Law Blog

Options for the family home in a high asset divorce

When a high asset divorce lands on the family table, many Georgia couples anticipate a complex property division process or a frenetic legal battle. They have reason to dread the prospect, as most complex, high asset divorces are fraught with battles. After all, with so much at stake in terms of high net worth assets and marital property, both parties want their fair share.

While divorces with high assets at stake are often complicated, Georgia couples should note that it is possible to get divorced without completely thrashing one another. Of course, it takes a degree of cooperation when possible as well as individual representation by experienced divorce attorneys. However, even when couples cannot work together peacefully, there are options to consider.

Georgia property division is not always a simple matter

Divorce is rarely a friendly event and some issues are more hotly contested than others. One of these issues is property division, which many Georgia couples find challenging to say the least. Like child custody, property division can quickly ignite tempers and send an otherwise relatively peaceful divorce escalating into chaos.

One way to get a handle on the issues that can turn the property division process into a battle is to seek legal counsel early in the proceedings. An experienced law firm can assist you in achieving a fair and equitable settlement.

Teacher retirement benefits require special handling

When you go through a divorce, the division of assets is not always fully within your control. While some aspects of property division are relatively straightforward, others can be murkier. Real estate, such as a family home, could be sold and the proceeds divided. However, in the case of teacher pensions in Georgia, the answer might not be so clear-cut.

One example of this is how teacher pension plans are often handled in Georgia. This can represent a career's worth of retirement assets for people who have worked as educators. In many cases, these are not divisible by law. It is often wise to rely on the assistance of an experienced property division attorney to help ensure that these assets are divided properly.

Child custody: A breeding ground for stress and anxiety

Anxiety about child custody begins before parents even file the divorce documents. In most cases, both parents love their children and want to preserve the bonds they have already built. Unfortunately, experiencing this type of stress and anxiety can have a negative effect on all of the family relationships, including those parents share with their children.

While many parents expect to feel these negative emotions throughout a divorce and the accompanying child custody arrangements, they often are unprepared for the stress their children also experience. Arguably, the best cure for anxiety and stress for everyone is a speedy and fair resolution to all of the issues that accompany divorce. However, as those who have already experienced divorce know, such a resolution is not always possible.

Start collecting your documents if you plan to divorce

The beginning of the year is here and you’re ready. Ready for a new life and to move forward with the divorce you have been contemplating for what feels like years. You’ve come to terms with all the pros and cons of the divorce; now all you need to do is the footwork.

One of the first steps that many Georgia individuals contemplating divorce take is to discuss the process with a divorce attorney. Although the process is very emotional for the people involved, it’s important to remember that in the eyes of the court system, it is a legal process. That’s where a lawyer comes in. Your attorney is your guiding light through a process that can be extremely emotional and upsetting.

When a parent dies, custody issues get more complicated

Most of the time, the principal figures in child custody cases are the parents of the children in question. Emotions can run high when parents are pitted against each other when they both want the lion's share of custody.

When one parent passes away, however, the dynamic becomes different -- and sometimes more frantic. Such a child custody case with a connection to Georgia has brought these issues to the fore.

Three things to know about property division in Georgia

While it is true that a divorce represents the end of a marriage, it often does not represent the end of a relationship between the onetime spouses. Aspects of a divorce such as child custody can require interaction between the parents of a child, or children, for years to come.

Some aspects of a divorce agreement, however, are intended to be more or less final. In particular, property division in Georgia is often something that is not revisited after the fact. That means it is important to get it right the first time. Below are three issues that divorcing couples may not be aware of regarding property division.

Could people getting divorced be kept from buying firearms?

It's no secret that family law proceedings can be emotional and fraught with tension. This is understandable -- a great deal can be at stake, and not just from a financial perspective in a divorce. Parents are often willing go to battle regarding child custody, for example, and take an aggressive attitude toward their case in order to do right by their children.

Many of the battles, such as they are, are not physical encounters, of course. Tough talk in the courtroom or at the conference table is often that -- just talk. Some Georgia lawmakers, however, want to take a more proactive approach to try to head off some instances of domestic violence when it comes to divorce.

How familiar are you with the family court system? - II

In a previous post, our blog began discussing how common it is for people who hire a family law attorney to feel entirely lost, as the ensuing language, paperwork and proceedings can seem both unfamiliar and incomprehensible.

In an attempt to rectify this situation, we began providing some basic information about the Family Division of the Superior Court of Fulton County, the forum in which the majority of family law matters in our corner of Georgia are addressed. We'll continue these efforts in today's post, talking a bit about the Family Division's use of status conferences.

How much do you know about adoption here in Georgia?

Ask anyone who has been through the adoption process about their experience and there is a very good chance that they will tell you that it was one of the most rewarding things they've ever done. At the same time, there's also a very good chance that they will tell you that it was one of the most challenging things they've ever done.

While the rewarding aspect of adoption obviously comes from either starting or adding to a family, what about it's challenging aspect? In other words, why are people so likely to view it as having been so demanding?  

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