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Alpharetta Family Law Blog

A new start: Steps to reestablishing credit after divorce

The financial outlook you and your spouse shared may change dramatically after your divorce in Georgia. The judge will attempt to make the division of assets and debt fair based the individual income and circumstances of you and your spouse, but the final decree may still result in a situation that is financially challenging. Having good credit may be essential to getting your life reinstated. We at The Siemon Law Firm often provide legal advice about the effects of property division after divorce.

Any joint credit cards or accounts should be canceled as soon as possible. You will still both be responsible for the shared debt, so it is important to prevent your spouse from increasing the amount that will be split between you.

Reducing a child’s stress during divorce

No matter how well parents in Georgia manage to hide the conflict of divorce from their children, the event itself upsets the security of a child’s life. A single transition can cause a sense of instability that leads to stress, but according to the Institute for Family Studies, a typical divorce is a major transition that often sets in motion other dramatic changes in a child’s life. Identifying multiple stress factors may be helpful in reducing them.

A move to a new home and school are often part of a divorce that increases the emotional strain in the child’s life. To mitigate the impact of these changes, parents may help children by ensuring that they are able to maintain contact with family and friends, which may be particularly reassuring if there is a move of significant distance.

I do – for now: Will short-term marriages become a trend?

If you are planning to file for divorce in Georgia, you may be feeling emotional and financial strain as you make your way through the process of ending your marriage. According to Time Magazine, a recent survey indicated that a change may be coming in the legal processes of marriage and divorce, at least if the young adults who participated have their say.

While thoughts on the way marriage should be structured varied among the respondents, 69 percent of those in the millennial age group indicated that they do want to marry, despite their generation’s reputation for lack of commitment. However, you may have seen statistics that rank the United States’ divorce rates among the highest in the Western world. Many may feel that taking steps to improve a relationship’s chances, such as delaying marriage, may not be enough.

Don’t miss out on this source of income after divorce

Regardless of the ages of spouses who are getting divorced in Georgia, their financial outlook as single people may not be as rosy as it was when they pooled their incomes and shared expenses. However, the closer they are to retirement, the more important it is for each of them to maximize their income potential. After the age of 62, the pressure to identify more financial resources may be significantly greater.

U.S. News and World Report notes that those who have been married for 10 years or more may have the ability to file for spousal benefits with the Social Security Administration, regardless of how long ago they divorced. In fact, the divorced person has an advantage over one who is still married because a husband or wife must wait for the other spouse to file before filing a claim for benefits based on his or her work record. But, a person who has been divorced may file for spousal benefits at the age of 62, even if the former spouse who is at least 62 years old has not yet filed.

New law protects visitation rights of extended family members

During a Georgia divorce, the changes and adjustments that must be made are often difficult for children to process. Regardless of the age of the child, Psychology Today points out that the parenting plan and visitation rights may facilitate recovery by preserving routine and consistency through the schedule in the child custody order.

The Henry Herold reports that lawmakers have expressed concern over the effects on children when the close bonds with extended family members are overlooked during child custody proceedings. The result has been the introduction of a new law that allows judges in family courts to include visitation rights that would preserve these relationships when it is in the best interests of the child to do so.

The importance of virtual assets in divorce

Considering division of property in divorce, most people think of things like homes, cars, jewelry and other tangible items. However, there are other assets that are just as important in divorce: Virtual assets.

While just as important as tangible assets, virtual assets are more complicated to divide in divorce. If you have significant virtual assets and are facing a divorce in Georgia, the most important thing you can do is talk with a sophisticated attorney who understands the complications involved and can protect your interests.

Prenups for blended families

Georgia residents who are preparing to walk down the aisle for the second or subsequent time should give strong consideration to creating a prenuptial agreement. There are a few reasons for this. First of all, the fact that a remarriage is happening gives proof to the fact that even the most promising marriages may end in divorce. Couples preparing to marry again simply cannot avoid this reality. A prenuptial agreement can help to outline asset division if the new marriage also ends in divorce.

Smart Stepfamilies explains that there is another reason that prenups may be wise for remarried couples - the children. When a person comes into a new relationship with children from a previous one, there is a logical need to protect the children's future inheritences. Each spouse may well want to outline certain belongings or assets to their own biological children. These provisions can be enforced if the couple divorces but also if the couple stays married and one or both spouses die. In this way, a prenuptial agreement can become a useful estate planning tool as well as protection in the event of divorce.

Life insurance and divorce

While a couple is discussing property division and considering how their Georgia divorce will affect their finances, one of the topics they may need to include in that conversation is life insurance. According to Protective.com, a policy may be a marital asset that should be divided, if it has a cash value. If not, a person who already owns a policy may want to change the beneficiary, rather than leaving the benefits to a former spouse.

Ameriprise.com points out that sometimes, a judge will rule that a former spouse must be kept on as beneficiary of the policy. This may occur because it ensures that necessary financial support such as alimony will continue after the death of the person who was ordered to pay it. Some may find that keeping an ex-spouse as a beneficiary is preferable to changing the designation to the estate, or to minor children. Whether a parent is paying or receiving child support, making sure the children are cared for is often tied up in the financial health of the other parent, and maintaining that person as the beneficiary is one way to provide after death.

How age may affect your child’s post-divorce needs

During your child custody case in Georgia, one of the judge’s primary concerns will be making the decisions that are in your child’s best interests. To do this, he or she must consider the state of your child’s emotions, developmental stage and psychological needs. We at the Siemon Law Firm often provide advice to parents who are concerned about how the custody agreement may affect their child’s mental and emotional health.

According to Psychology Today, children of all ages need to know that they are not to blame for their parents’ divorce. Experts also recommend providing some level of routine and consistency in order to recover from the changes that a divorce brings. Naturally, a teenager does not need as much structure as a young child. But, even at this stage, a young person needs to be notified ahead of time about changes that will be made, and the specific ways that these will affect his or her life.

When your marital property includes mineral rights

Identifying and valuating all the assets you and your spouse have accumulated during your marriage in Georgia may be a complex process involving a variety of professionals. We at The Siemon Law Firm have answered many questions about how the court may approach the division of marital property based on many factors in your marriage, and the strategies that couples have used to reach a fair settlement.

When it comes to real estate, your divorce agreement must include the value of the land itself and the residential or commercial buildings attached to it. The minerals underneath the ground may also be a factor in how much the property is worth, though, and MineralWeb.com warns that the number of elements at play may lead to significant variations in value at any given time.

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