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July 2012 Archives

Grandparents' post-divorce involvement: Trends and finances

A recent Reuters article indicates that the focus of more and more stories involving the role of grandparents in the lives of their children and grandchildren following a divorce is being predominantly driven by two solidly emerging trends.

Alimony Decisions and Gender Roles: Is the System Fair?

Many men think that the system is stacked against them in a divorce. Due to gender stereotypes or simply inertia, their perception is that women are favored in child custody decisions. Many men also believe they tend to get the short end of the stick in alimony or spousal support awards.

Celebrity Divorce: When Religion is an Issue

Although Tom Cruise and Katie Holmes are major celebrities who went through a very public divorce, many of the issues they dealt with are common to average Atlanta area couples who decide to part ways. These include division of property, child custody and issues relating to how their child will be raised.

Law group seeks to align military child custody rules nationally

For a long time, military families have faced complications in child custody and visitation rights cases because every state has different laws governing some situations. This disparity is worsened by the nomadic nature of military personnel and the high rate of overseas service through deployments and other assignments.

What is Marital Property


My husband and I are planning on divorce. His assets are under his parents name and he earns as much as I do. Can I claim any? Answer: I believe the question that you are asking is, do you have any claim to assets that are in your husband's parent's name. The short answer to that question is no.
That being said, if you can show that he transferred those assets to his parents to avoid dividing them in the divorce, the court could offset those assets from other marital assets or order him to reimburse you for the value of those assets. To fully answer this question, we would need to know more facts about your situation. For more information please visit one of our websites: Property Division

What assets can be divided in a divorce?

Question: My husband and I are planning on divorce. His assets are under his parents name and he earns as much as I do. Can I claim any? Answer: I believe the question that you are asking is, do you have any claim to assets that are in your husband's parent's name. The short answer to that question is no.
That being said, if you can show that he transferred those assets to his parents to avoid dividing them in the divorce, the court could offset those assets from other marital assets or order him to reimburse you for the value of those assets. To fully answer this question, we would need to know more facts about your situation. For more information please visit one of our websites: Property Division

Financial Infidelity and Divorce: Some Ways to Protect Yourself

Trust can break down in a contentious divorce. Sometimes it happens slowly, over an extended period of time. In other cases, it can happen suddenly, when you realize that your spouse has been misleading you.

Maintaining a financial focus during the divorce process

Finances are often one of the stickiest matters to resolve during divorce proceedings. Outside of the financial assets in the form of cash and other investments, the task of property division can be long, tedious and contentious -- even, sometimes, over seemingly petty items.

Ex-Atlanta Falcons star Rison issued order in child support case

Most long-term football fans know who Andre Rison is. Rison played at a high level for a number of years in the National Football League, including a lengthy stint in Georgia with the Atlanta Falcons.

Jurisdiction in Divorce

A Person recently asked us: How do you determine jurisdiction? Married for 42 years. Primary residence is in Georgia and own condo in Florida. Wife is now staying in Florida since November 2011. I want to file for divorce in Georgia, but how do I know where jurisdiction will be? Answer: The question of Jurisdiction can be a very complicated one. As a general rule a person has the right to have any civil lawsuits brought against them in the state and county where they reside. Of course there are exceptions to this rule and the issue of "where they reside" can be rather subjective and up for argument. For example, if your wife is just on an extended vacation in Florida, then she still resides in Georgia for the purpose of jurisdiction. If she moved to Florida in 2011 and intended to make Florida her home then she would reside in Florida. The primary exception to the general rule would be Georgia's long arm statute which would allow for Georgia to exercise personal Jurisdiction over the resident of another state. However, to qualify for jurisdiction under the long arm statute you must meet very specific requirements. For that reason, you will probably need to seek the advice of an experienced Divorce Lawyer. For more information on the process of filing for divorce, please visit the links to our websites.

Where to File, Jurisdiction in Divorce

A Person recently asked us: How do you determine jurisdiction? Married for 42 years. Primary residence is in Georgia and own condo in Florida. Wife is now staying in Florida since November 2011. I want to file for divorce in Georgia, but how do I know where jurisdiction will be? Answer: The question of Jurisdiction can be a very complicated one. As a general rule a person has the right to have any civil lawsuits brought against them in the state and county where they reside. Of course there are exceptions to this rule and the issue of "where they reside" can be rather subjective and up for argument. For example, if your wife is just on an extended vacation in Florida, then she still resides in Georgia for the purpose of jurisdiction. If she moved to Florida in 2011 and intended to make Florida her home then she would reside in Florida. The primary exception to the general rule would be Georgia's long arm statute which would allow for Georgia to exercise personal Jurisdiction over the resident of another state. However, to qualify for jurisdiction under the long arm statute you must meet very specific requirements. For that reason, you will probably need to seek the advice of an experienced Divorce Lawyer. For more information on the process of filing for divorce, please visit the links to our websites. Divorce

Property Division in Divorce

A women recently asked us a question about divorce: My husband has filed for divorce. We have been married almost 18 years , turbulent years. He is asking for half of what we have, is that likely? The answer: As a general rule the courts here in Georgia divide marital property equitably. There are two issues there, first what is marital property and what does equitably mean. Marital property is anything acquired during the marriage that is not a give or inheritance to one person alone, however, gifts or inheritance can be commingled and made to be marital property. Equitably, means fair in the mind of the judge or jury deciding how the property is going to be divided.
Marital property can be anything of value or any debt of the parties without regard for the name on the account or debt. If the debt or asset was acquired during the marriage in can be divided by the court. For example, if you have a 401-K in your name and he has a credit card in his name, the court could, if it was deemed fair to do so, give him part of your 401-K and make you responsible for a portion of of his credit card debt. As we stated earlier, an inheritance or gift is marital property if it was commingled, examples of how something can be commingled are depositing the asset into a joint bank account or spending the money on a joint asset such as the marital residence. Otherwise, you are not entitled to any portion of his inheritance nor would he be entitled to any that you might receive in the future. It might be important in your situation to note that inheritance may be considered when deciding the issue of alimony.
Equitable division is very subjective, the judge or jury may look at all issues surrounding the parties including their conduct in deciding what is fair. Thus, the ultimate answer to your question is, if the court believes it is fair, your assets might be split 50/50. For more information on this topic please visit our websites: Property Division 

Will he get have of our property

A women recently asked us a divorce question: My husband has filed for divorce. We have been married almost 18 years , turbulent years. He is asking for half of what we have, is that likely? The answer: As a general rule the courts here in Georgia divide marital property equitably. There are two issues there, first what is marital property and what does equitably mean. Marital property is anything acquired during the marriage that is not a give or inheritance to one person alone, however, gifts or inheritance can be commingled and made to be marital property. Equitably, means fair in the mind of the judge or jury deciding how the property is going to be divided.
Marital property can be anything of value or any debt of the parties without regard for the name on the account or debt. If the debt or asset was acquired during the marriage in can be divided by the court. For example, if you have a 401-K in your name and he has a credit card in his name, the court could, if it was deemed fair to do so, give him part of your 401-K and make you responsible for a portion of of his credit card debt. As we stated earlier, an inheritance or gift is marital property if it was commingled, examples of how something can be commingled are depositing the asset into a joint bank account or spending the money on a joint asset such as the marital residence. Otherwise, you are not entitled to any portion of his inheritance nor would he be entitled to any that you might receive in the future. It might be important in your situation to note that inheritance may be considered when deciding the issue of alimony.
Equitable division is very subjective, the judge or jury may look at all issues surrounding the parties including their conduct in deciding what is fair. Thus, the ultimate answer to your question is, if the court believes it is fair, your assets might be split 50/50. For more information on this topic please visit our websites: Property Division 

Property Division in Divorce

A women recently asked us: Am I entitiled to a portion of the home, we purchased as common law partners and later married 3 years later The answer: There are three distinct questions here, first were you common law married, two are you entitled to an equitable division of the marital home, three, are you entitled to alimony. First, Georgia did not abolish common law marriage until 1997, so if you were common law married before that date it would still be enforceable. That would be a question of fact for the judge to decide but it would be possible. The second question is concerning the home. In Georgia we divide marital property equitably, meaning fairly. there are two theories that could be used to say that at least some portion of the marital residence is marital property. First, if you were common law married at the time of purchase then it would all be marital. Second, if you were married in 2008 then a Thomas calculation could be done to determine what portion of the home is marital and certainly some portion of it would be assuming there is equity in the house, if there is no equity there is nothing to divide.   The third question is concerning alimony and that would be determined by his ability to pay and your financial needs. You have not provided enough information for any of us to speculate on this issue. For more information on this topic please visit our websites at: Property Division

Property Division in Divorce

A women recently asked us on our: Am I entitiled to a portion of the home, we purchased as common law partners and later married 3 years later The answer: There are three distinct questions here, first were you common law married, two are you entitled to an equitable division of the marital home, three, are you entitled to alimony. First, Georgia did not abolish common law marriage until 1997, so if you were common law married before that date it would still be enforceable. That would be a question of fact for the judge to decide but it would be possible. The second question is concerning the home. In Georgia we divide marital property equitably, meaning fairly. there are two theories that could be used to say that at least some portion of the marital residence is marital property. First, if you were common law married at the time of purchase then it would all be marital. Second, if you were married in 2008 then a Thomas calculation could be done to determine what portion of the home is marital and certainly some portion of it would be assuming there is equity. The third question is concerning alimony and that would be determined by his ability to pay and your financial needs. You have not provided enough information for any of us to speculate on this issue.  To answer this question we would need to know more about your financial status.   For more information on this topic please visit our websites at: Property Division  

Paternity and Legitimation

We were recently asked a Paternity and Legitimation question. A Paternity action is when a father brings an action to enforce his rights to visit with a child. A Legitimation action is an action brought by a mother to make the father the legitimate legal father of the child so that the child can inherit from the father and the father will be responsible to provide child support for the child.

Paternity and Legitimation question

We were recently asked a Paternity and Legitimation question. A Paternity action is when a father brings an action to enforce his rights to visit with a child. A Legitimation action is an action brought by a mother to make the father the legitimate legal father of the child so that the child can inherit from the father and the father will be responsible to provide child support for the child.

One Cruise-Holmes divorce certainty: page-one media attention

If you think you might be at a saturation point with Tom Cruise, just wait. That is the assessment of a number of media analysts in the wake of the recent announcement that Cruise and his wife of five years, actress Katie Holmes, are getting a divorce.

Amicability during divorce a sometimes overstressed priority

Many couples whose marriages end in divorce might prefer to go their separate ways entirely. When the time comes for a clean break, though, not every couple has that luxury -- particularly if children are involved. When child support and shared child custody are involved, most ex-spouses find it impossible to avoid communicating and being together occasionally.

Contact our Georgia Family Law Firm by calling 866-497-5134 or by completing this contact form. An attorney will respond within 24 business hours.

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