Whether you are facing divorce in Fulton County or protecting your child custody rights while you serve your country, if you're a father, you need to know that you have rights. Legally, fathers' rights (and mothers' rights) include the fundamental constitutional right to parent your children unless you are shown to be unfit to do so in a court of law. They also include the rights and responsibilities granted to you in your child custody and visitation decree.
Judges in Georgia and throughout the country have discretionary power to alter provisions of or rescind agreements that they believe are egregiously one-sided, fraudulent or against public policy. That ability to step in and have the final legal say over what is deemed illegal, immoral or unfair behavior on the part of one contractual party has always been a judicial prerogative.
It is certainly difficult for a divorce blog to deny Frank and Jamie McCourt an occasional entry. We have kept readers abreast of the volatile and complicated high-asset divorce case of the high-flung couple in prior blog posts. That has seemed appropriate for what has been described in various media sources as "the costliest divorce in California history."
The division of assets can sometimes be challenging and even contentious in a high-asset divorce case. Assets must be valued at a certain point in time for the court to properly divide them.
Some people who have heard of or executed a premarital agreement are unfamiliar with another legal instrument that can provide similar value and attend to a number of the same matters.
October is domestic violence awareness month across the country, and it is certainly worthwhile to take a moment to focus on this longstanding and troubling issue and the role it often plays in divorce.
In one of our recent blog posts (September 19), we discussed some of the singular aspects and concerns related to divorcing couples when a family-owned business is involved in the dissolution proceedings. The multitude of considerations involved when that is the case -- ranging from property valuation and a precise determination of ownership to previous contracts in place, stated understandings and other matters -- can seem especially momentous in a high-asset divorce.
When we last left off with the high-asset divorce dispute between a couple often described as the one-time richest married partnership in San Diego County, it was with these words: "Final arguments in the dispute are expected to continue well into the summer months."