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Alpharetta Family Law Blog

How do I know if my children are doing well after my divorce?

Marital breakups across the country, including in Georgia, are certainly not cookie-cutter events. That is, divorce in one instance might seem entirely devoid of drama or any material issues at all when viewed from a post-split perspective, with the parting in another case being drama personified.

In some breakups, property division is of paramount concern, whereas the division of assets is a minor matter and something easily disposed of in some other divorce proceedings. Is alimony a concern? Maybe -- but maybe not. In some divorces, a marital contract -- such as a prenuptial agreement -- takes center stage. In others, there might be very few documents or other correspondence to consider at all.

Georgia child custody: a basic primer, courtesy of the state

If you're a Georgia spouse and parent who is about to get divorced and knows little -- or nothing -- about the process, you might be harboring some ungrounded notions about post-dissolution life.

One of those might concern logistics regarding the kids. Perhaps you think that you and your soon-to-be ex will each have refrigerators in your respective abodes that will be virtually bathed in yellow from hurriedly scratched post-it notes regarding pick-up times, school and sports activities, vacation schedules and so forth.

Key issue with marital contracts: enforceability

Many people across the country have changed their minds about so-called marital contracts in recent years, now fully appreciating their strong utility as planning devices for both soon-to-be and already married partners.

Increasingly more fiancés and spouses are seeking the legal acumen of proven family law attorneys in fully explaining the parameters of prenuptial agreements and postnuptial contracts. An experienced attorney can also draft such agreements to ensure their lawfulness and enforceability in the event of a future challenge.

That latter potential certainly can arise with certain marital agreements and, indeed, such contracts are sometimes contested in court during a divorce proceeding.

Why divorce mediation is appealing to many divorcing spouses

Why do many divorcing persons in Georgia and elsewhere across the country automatically state a desire to proceed to the court system when they decide to dissolve their marriage?

One family law attorney points to what he sees as a primary reason, with his view likely echoed by many other divorce lawyers. He says that soon-to-be exes are often simply unaware that alternatives to court exist for parties seeking marital dissolution.

In fact, they do, and notwithstanding that a clear majority of divorcing spouses still opt to go through a formal litigation process to untie their marriages, increasingly more couples are availing themselves of avenues that are less adversarial.

Kids and divorce: Often, the glass is more than half full

Perhaps you are a child of divorce in Georgia and contemplating what that’s all about.

Obviously, you are far from alone in that description, given the scores of millions of similarly situated people across the country.

Still, every divorce is unique, and lingering questions often persist for children who look back on their parents’ failed marriages. Those questions can take a long time to get answered satisfactorily.

Divorce property considerations: retirement, other savings

In Georgia as elsewhere, the focus for divorcing spouses -- especially older spouses -- is often upon money.

Put another way: For obvious reasons, a central consideration in many divorce negotiations is upon identifying all asset sources in a marriage, properly valuing them and then allocating them between the divorcing parties in the manner provided by governing law.

Georgia law mandates an equitable distribution of property, provided that assets under consideration are deemed marital as opposed to separate property. That distinction turns on whether the assets were accumulated prior to or during a marriage. A proven Georgia divorce attorney with experience handling property division matters can help ensure accurate asset identification, valuation and distribution.

With divorce, things are sometimes clearer in the rear-view mirror

Given that adults are, well, adults, not too many of them probably look back upon marriages from the vantage point of divorce and wonder whether they made a mistake in untying the marital knot.

After all, divorce is hardly a casually considered activity, and there are a number of long-term indicators that typically precede it. In most cases, they collectively provide strong and dispassionate evidence that going separate ways is a logical and preferable outcome to a failed relationship.

What likely strikes many people in the wake of divorce is, instead, this internally posed question: Why did I wait so long?

Father's Day brings a focus on fathers' rights in family law

According to a study by the Pew Research Center, statistics support a new reality concerning American fathers, namely this: Literally millions of them have spent time in the house being "stay-at-home" dads, with the number of men doing so in recent years nearly doubling from a generation ago.

That little nugget of news alone would likely keep the issue of fathers' rights front and center currently in family law matters. There is far more, though, that has emerged to additionally support the idea these days that dads matter greatly in their kids' lives and need to be ensured a fair deal in divorce proceedings.

Gay marriage bans: Poll data literally all over the map

We noted in a recent blog post the frenetic activity across the country focused on legal challenges to states’ bans on gay marriages (please see our entry dated May 29, 2014). We informed readers in that article that, while a growing number of states are legalizing gay marital unions, Georgia is not one of those states.

In fact, Georgia banned same-sex marriages in 2004 pursuant to voters’ passage of an amendment to the state constitution. Additionally, state law bars gay marriages.

Georgia is far from being alone in that strong stance against same-sex marriages. In fact, and as noted by a recent article by the national polling organization Gallup, “All southern states have constitutional bans on same-sex marriages.”

Bitcoins: a rock for assets to hide under in the divorce process?

Perhaps you’ve heard the term “bitcoin” in recent months. Perhaps you even tried paying close attention to one or more discussions centered on what bitcoins are, why they may be important and the role they could play in global economics in the future. Perhaps you even own some bitcoins.

Then again, none of the above might be true as applies to you. Myriad media stories that have emerged over the past couple years indicate that many people are simply baffled by the term and what it entails.

Indeed, it is difficult to succinctly explain. For purposes of this post, it might simply suffice to note that bitcoins are real money, but only in a digital universe. That is, they are electronic currency.

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