The Siemon Law Firm Divorce and Family Law Attorneys, P.C. Divorce Lawyers | Family Law | The Siemon Law Firm Divorce and Family Law Attorneys, P.C. 2026-06-04T18:33:38Z https://www.siemonlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1405018/2020/04/cropped-favicon-48-32x32.png On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[What percentage of marriages end in divorce?]]> https://www.siemonlawfirm.com/?p=255882 2026-06-04T17:32:30Z 2026-06-04T17:32:30Z Divorce Risk in First Marriages Research shows that about 41% of first marriages eventually end in divorce. Interestingly, many of these splits (40%) occur within the first ten years of marriage. However, "gray divorce" is also a factor, as nearly a quarter of divorces now happen after couples have been together for 25 years or more.

The Challenges Of Remarriage

The chances of a marriage ending in divorce actually go up the more times a person marries. Second and third marriages have significantly higher divorce rates than first ones. Current estimates show that about 60% of second marriages and over 70% of third marriages end in divorce.

Why Divorce Rates Are Declining

Even though the numbers might seem high, the overall trend is actually positive. Divorce rates have been falling since they hit their highest point in the early 1980s. For example, for marriages that started in the early 2010s, only about 18% to 19% ended within the first 10 years. This shows that newer marriages are becoming more stable. Factors such as marrying later, having more education, and living together before marriage contribute to lowering these risks. How Demographics Affect Divorce Statistics show that Black Americans have the highest likelihood of divorce at 41%, while Asian Americans have the lowest at 16%. Education is also a huge factor: about 25% of people with a college degree have divorced, compared to 41% of those with some college or a high school diploma.

Financial Impacts And Legal Support

Divorce creates major changes in a person's financial life and employment status. Statistics show that divorced men are less likely to be employed than married men. On average, divorced adults have much lower household wealth and income than those who remain in their first marriage. Because the process involves dividing bank accounts, homes, and retirement funds, seeking legal help is advisable to protect your rights.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[Is your spouse entitled to your Social Security in divorce?]]> https://www.siemonlawfirm.com/?p=255731 2026-05-08T21:40:59Z 2026-05-08T21:40:59Z Are Social Security benefits marital property? Georgia uses equitable division in divorce. That means courts seek a fair result based on the facts, not an automatic fifty-fifty split. However, Social Security benefits usually do not get divided as marital property in a Georgia divorce. Federal law controls these benefits and limits how state courts may treat them. Unlike a pension or 401(k), Social Security does not usually become an asset that the court splits between spouses. That does not mean Social Security has no place in divorce discussions. It can still matter when spouses review retirement income and long-term financial needs.

Can a former spouse receive benefits?

A former spouse can qualify to seek benefits through the Social Security Administration based on the other spouse’s earnings record if certain rules apply. Those rules may include:
  • The marriage lasted at least 10 years
  • The former spouse meets age or disability requirements
  • The worker qualifies for benefits
  • The former spouse is unmarried
These benefits usually come from the federal system, not from the worker’s monthly payment through the divorce case.

How Social Security can affect property discussions

Even when courts do not divide Social Security directly, it can still affect how you negotiate other assets. If one spouse expects stronger future benefits, the other spouse may seek more value from assets available for division now. That can include:
  • Retirement accounts
  • Real estate equity
  • Business interests
  • Savings accounts
  • Investment portfolios
In higher-income households, these tradeoffs can carry weight because retirement planning may involve many income sources.

Looking at the full financial picture

Social Security may not look like a divisible asset, but it can still carry real value during divorce planning. It may affect settlement choices, retirement timing and future income expectations. If you overlook how Social Security fits into the larger picture, the final settlement may not fully reflect your long-term needs. A careful review of major assets and future income sources can help support a fair result that fits your next chapter.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[What are some reasons full custody is awarded in Georgia?]]> https://www.siemonlawfirm.com/?p=255553 2026-03-19T20:37:06Z 2026-03-19T20:29:25Z While Georgia public policy encourages joint custody arrangements to ensure both parents remain active in a child’s life, the court’s biggest concern is the Best Interest of the Child. In specific high-risk  situations, a judge may determine that granting Sole Legal and Physical Custody to one parent is the only way to ensure the child’s safety and stability

Patterns of abuse (physical and coercive)

Safety is the court’s primary filter. Beyond documented abuse, Georgia courts now recognize coercive control as a legitimate ground for seeking sole custody. This includes patterns of intimidation, isolation, or psychological manipulation used to dominate a family member. Under these 2026 standards, a parent may be deemed "unfit" if their behavior creates a toxic or unsafe mental health environment for the child.

The impact of "Ethan's law"

Georgia has implemented significant reforms to protect children in high-conflict cases. Under Ethan’s Law, judges are prohibited from ordering "reunification treatments" or "camps" that force a child to interact with a parent they fear due to past harm. This law ensures that a child’s genuine fear, backed by evidence of abuse, is a decisive factor in awarding sole custody to the protective parent.

Untreated substance abuse

A parent struggling with active drug or alcohol addiction is generally seen as unable to provide a safe, stable environment. In Georgia, if a parent’s substance abuse interferes with their ability to supervise the child or maintain a routine, the court will lean toward sole custody for the sober parent to ensure the child is not put in danger.

Severe mental health concerns

While having a mental health diagnosis (like depression or anxiety) does not automatically disqualify a parent, a severe and untreated condition that makes a parent erratic or irrational can be a factor. If the illness makes it impossible for the parent to meet the child’s basic needs, the court will intervene.

Neglect or abandonment

Sole custody is often awarded when one parent has been consistently absent or has failed to provide basic medical care and supervision. In cases of long-term abandonment, a judge may grant sole legal custody so the active parent can make critical educational or medical decisions without the need to locate an uninvolved co-parent for every signature.

Extreme high-conflict and inability to cooperate

Joint legal custody requires parents to agree on things like where the child goes to school. If two parents are so high-conflict that they cannot even agree on a doctor's appointment without a screaming match, the court may give sole legal custody to one parent just to stop the child from being stuck in the middle of constant litigation. Custody is a crucial matter in the wellbeing of a child. A lawyer can help you navigate through the process and review your options. ]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[How divorce affects your estate plan in Georgia]]> https://www.siemonlawfirm.com/?p=255529 2026-03-09T15:21:05Z 2026-03-09T15:21:05Z Final will and testament When your divorce becomes final in Georgia, it creates a legal fiction where your ex-spouse is treated as having predeceased you. This means that if they were meant to inherit your assets or become your executor, your final divorce decree nullifies these terms from your will. However, this does not mean that the rest of its content are updated as well. To help provide you with peace of mind, it is wise to revoke your document and create a new one.

Living trust

If you own a revocable living trust, you must update its terms and conditions after your divorce. This practice can help ensure that your ex-spouse will not remain as a trustee or a beneficiary of your trust. By amending your document with a lawyer, you can be certain that it reflects your personal wishes and your new circumstances.

Healthcare directives

While your divorce also ends your ex-spouse’s role as your healthcare agent or power of attorney, you will still need to keep your document’s validity intact by appointing a new person who can replace their role if you become incapacitated because of an accident or a terminal illness.

Your divorce should also reflect your legal documents

Ending your marriage is a liberating experience. However, your new situation also requires a substantial change to your legal documents. By taking your time to reassess your estate plan, you can ensure that it aligns with your current wishes and goals in life.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[5 tips for starting over after a late-in-life divorce]]> https://www.siemonlawfirm.com/?p=254523 2026-01-08T21:03:53Z 2026-01-08T21:03:53Z Starting over after a late in life divorce can be emotionally difficult. If you spent decades building a marriage, home and financial life, the transition may feel unfamiliar and uncertain. Many people in Georgia face gray divorce after long marriages, often with complex assets and retirement concerns. While your divorce decree brings legal closure, it does not instantly resolve what comes next. Understanding the shift you are experiencing can help you move forward with more confidence.

Understanding what changes after a Georgia gray divorce

After a divorce in Georgia, your legal status changes immediately, but the practical impact often unfolds over time. Georgia follows an equitable division system, which means marital property is divided fairly, not always equally. Separate property, such as premarital assets or inheritances, is typically not divided, which can matter in long term marriages. That division can affect housing, income and long range plans in meaningful ways. You may also be adjusting to alimony terms, divided retirement accounts or new tax responsibilities. Even when the divorce process is complete, it can take time to understand how court orders affect your day-to-day life. Recognizing these changes helps you approach the next phase with realistic expectations rather than pressure to have everything figured out at once.

Five practical ways to move forward with confidence

Once the legal process ends, you may benefit from focusing on steady, manageable steps. While every situation is different, the following considerations can help you rebuild after a gray divorce. Here are five ways to approach this transition thoughtfully and with purpose:
  • Address your emotions and allow yourself time to adjust after a long marriage ends
  • Rebuild financial stability based on the terms of your Georgia divorce order
  • Rebuild identity and purpose beyond long-standing marital roles
  • Build a reliable support system, including family, friends and trusted professionals
  • Embrace change gradually and remain patient as you adjust
These strategies are all about creating space to adapt while respecting the legal and financial framework already in place.

Looking ahead with clarity and support

Starting over after a gray divorce is a process, not a single decision. As you move forward, understanding how Georgia divorce outcomes affect your finances and future planning can bring clarity and peace of mind. With the right information and support, you can take this next chapter one step at a time and feel more confident about what lies ahead.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[What are the tax implications of a divorce over 50?]]> https://www.siemonlawfirm.com/?p=254440 2025-11-11T14:57:17Z 2025-11-11T14:57:17Z Alimony and income factors with potential tax outcomes You should check when your divorce agreement took effect. For more recent divorces, the payer generally cannot deduct alimony payments. The recipient generally does not report them as taxable income. Older agreements that remain unchanged may still follow the previous rules. These differences began after changes in federal law, which ended the deduction and income reporting for new alimony agreements. Your income often looks different once you file taxes alone. You may move into a higher tax bracket or lose some credits available to joint filers. Georgia generally follows federal treatment of support payments, so reviewing your income and deductions can help you avoid unpleasant surprises.

Property and retirement divisions with possible tax effects

In Georgia, retirement accounts and pensions earned during the marriage are often treated as marital property. You can divide these accounts through a court order that can allow transfer without early withdrawal penalties or taxes. Transfers of property between spouses as part of a divorce usually avoid immediate capital gains taxes. Consider timing when you sell your home or investments. You may still qualify for certain exclusions. However, eligibility can depend on when and how the sale occurs.

Filing status and planning changes with tax implications

After your divorce becomes final, your filing status may change to single or possibly head of household. This adjustment can affect your tax rate, standard deduction and eligibility for specific credits. You can manage these changes by reviewing the following:
  • Tax withholdings to match your new filing status
  • Beneficiary designations on retirement and insurance accounts
  • Retirement contributions to meet new savings goals
  • Social Security timing to manage income-based taxes
Taking these steps early can help you stay prepared and support financial stability.

Preparing for your next financial chapter

Divorce after 50 in Georgia can open a new financial chapter that feels uncertain at first. Now that you understand how taxes may affect your income, property and filing status, you may start exploring practical steps that help you move forward. Consider reviewing your finances with a tax or financial professional may provide a clearer view of your next options. Careful planning can help you adapt to these changes and build a more stable future.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[How to prevent a late-in-life divorce from ruining your retirement]]> https://www.siemonlawfirm.com/?p=254289 2025-09-12T19:02:16Z 2025-09-12T19:02:16Z Divorce after 50 can disrupt more than your personal life. It can also unravel carefully built retirement plans, leaving you with fewer assets and less time to recover financially. Understanding how divorce affects retirement in Georgia may help you protect your future.

Why late-life divorce impacts retirement more

Couples over 50 are divorcing more often than in the past. The financial impact can be severe because income usually drops while living expenses rise. Georgia uses equitable distribution, which means the court divides marital property in a way it believes is fair, not always 50/50. Retirement accounts often contain both marital and separate funds, so the court must determine what belongs to each spouse. Losing a portion of retirement savings late in life may force you to work longer, spend less or delay retirement. Women often face even greater challenges because their household income after divorce tends to drop more sharply than men’s.

Steps to protect your retirement savings

You can reduce the risks by planning carefully during divorce. These include:
  • Establish a QDRO: A qualified domestic relations order divides retirement benefits properly and avoids tax penalties.
  • Exchange assets strategically: Offer other property, such as real estate or business interests, in exchange for keeping more retirement funds.
  • Evaluate tax impacts: Different assets carry different tax costs. Retirement accounts and brokerage funds may be worth less than they appear once taxes apply.
  • Right-size your budget: Running two households costs more than one. Plan early so you don’t stretch your finances too thin.
These steps may not prevent losses but they can soften the long-term impact.

Planning for the years ahead

A gray divorce does not always mean retirement is out of reach but it does require new planning. Review all marital assets, debts and income sources like pensions or Social Security. Because Georgia courts handle high-asset divorces under equitable distribution rules, working with an experienced divorce attorney can help you protect your share. Divorce later in life can feel like starting over. By learning the rules and making smart financial choices, you can preserve more of your retirement security.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[What stay-at-home moms should know about divorce in Georgia]]> https://www.siemonlawfirm.com/?p=254294 2025-09-09T15:26:48Z 2025-09-09T15:26:48Z Divorce affects finances, daily life and parenting. If you are a stay-at-home parent in Georgia, understanding the legal basics can help you prepare for the transition and protect your interests.

Before you file

Start by reviewing your household finances and immediate needs. You may file a Complaint for Divorce in the Superior Court once you or your spouse has lived in Georgia for at least six months. Gather these core records and set short-term goals:
  • Tax returns: Recorded from the last three years.
  • Bank records: Checking, savings and transfers.
  • Debt documents: Mortgages, car loans, credit cards.
  • Retirement accounts: 401(k), IRA, pensions.
  • Budget notes: Rent, food, childcare, health costs.
These records give you a clear picture of the marital estate and help you plan cash flow during the case.

Know your legal rights

Georgia follows equitable distribution, which means the court divides marital property fairly, though not always equally. Courts also consider the value of non-wage contributions such as managing the home and raising children. You may request temporary alimony during the divorce and longer-term support afterward if the court finds both need and ability to pay. Child support is based on both parents’ incomes and parenting time. Georgia recognizes both fault and no-fault divorces depending on the circumstances.

Custody is about best interests

Judges evaluate custody based on a child’s best interests. They review each parent’s caregiving history, health and stability. Joint legal custody is common but courts often weigh continuity of care heavily, especially when one parent has served as the primary caregiver. You can request a parenting schedule that protects your child’s schooling, medical care and routines.

Co-parenting boundaries that help

Set clear rules to lower friction. It is recommended that you keep the following:
  • Communication: Use a shared app and stay child-focused
  • Exchanges: Pick neutral sites and exact times
  • Decisions: Define who leads health, school and activities
  • Money: Track expenses and reimbursements in writing
  • Respect: No negative talk around the kids
These limits protect your child’s routine and reduce future disputes.

A steady path forward

Divorce is a process, not a single event. Aim for financial clarity, a stable parenting plan and realistic steps toward work. Speaking with an experienced divorce lawyer in Georgia can provide tailored advice on property division, custody and support so you can move forward with confidence.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[Important boundaries when co-parenting after divorce]]> https://www.siemonlawfirm.com/?p=254262 2025-08-13T18:41:02Z 2025-08-13T18:41:02Z Why should we consider co-parenting? Research indicates that children of divorce often experience better outcomes when their parents maintain a cooperative co-parenting relationship. Studies show that when divorced parents can effectively communicate and collaborate on parenting decisions, it provides a stable and supportive environment for the children. This approach minimizes conflict and reduces stress, allowing children to feel secure and maintain strong relationships with both parents. Co-parenting fosters consistency in rules and expectations, which is crucial for children's emotional and psychological well-being. Furthermore, it models positive conflict resolution and cooperation, equipping children with valuable life skills. Overall, a healthy co-parenting relationship can significantly contribute to the resilience and adjustment of children following a divorce.

How can we put together a successful co-parenting arrangement?

Successful co-parenting arrangements often require clear boundaries. Establishing guidelines can prevent misunderstandings and conflicts, fostering a stable and supportive atmosphere.

What are some important boundaries?

Setting boundaries when co-parenting helps to maintain a respectful and cooperative relationship. The following are some of the more important to account for within your arrangement:
  • Communication: Use a specific app or platform for communication, focusing solely on child-related matters. This prevents unnecessary disputes and keeps interactions professional. There are many different options available that can help with communication and other co-parenting issues. Explore the latest offerings and find the one that works best for your family.
  • Exchanges: Agree on a neutral location for child exchanges or establish clear drop-off and pick-up procedures. This minimizes stress and ensures smooth transitions for the children.
  • Decision-making: Determine how to make decisions regarding healthcare, education, and other important matters. This requires mutual agreement and respect for each parent's input.
  • Financial matters: Be transparent about child-related expenses. Open communication about financial responsibilities prevents misunderstandings and ensures fairness.
  • Respect each other's time: Avoid interfering with the other parent's scheduled parenting time. This respects each parent's right to spend quality time with the children.
  • Avoid negativity: Refrain from speaking negatively about the other parent to the children or in their presence. This protects the children from emotional distress and maintains their respect for both parents.
  • Respect personal life: Do not ask for or expect information about the other parent's personal life unless there are concerns about the impact on the children. This boundary maintains privacy and prevents unnecessary tension.
Co-parenting relationships can benefit from implementing clear boundaries, particularly in reducing legal disputes and promoting a stable environment for children. Clear boundaries can help to minimize misunderstandings and disputes, promoting a peaceful co-parenting relationship while also facilitating effective and respectful communication. By separating personal feelings from parenting, boundaries shield children from being caught in parental conflicts.]]> On Behalf of The Siemon Law Firm Divorce and Family Law Attorneys, P.C. <![CDATA[Do not let divorce jeopardize your child’s inheritance]]> https://www.siemonlawfirm.com/?p=253848 2025-07-14T19:19:42Z 2025-07-14T19:19:42Z Avoid mixing inheritance with marital property Inheritances are typically considered separate property under Georgia law. This means the court may not distribute them during divorce unless they were mixed with marital property otherwise known as commingling. In this context, the inheritance refers to money, property or valuables you plan to leave to your child, not something they already own. If your child is still underage, you likely still control those assets, and how you manage them matters. Commingling a child’s inheritance often occurs by mistake, when parents spend it for family expenses or hold it in joint accounts. Once mixed, the court may treat the inheritance as a shared asset. Examples of commingling include:
  • Putting inherited money into a bank account that both spouses use
  • Using inherited funds to pay for rent, groceries, vacations or home repairs
  • Adding your spouse’s name to the deed or title of inherited real estate or vehicles
Even using a small part of your child’s inheritance—like buying groceries or paying one bill—can weaken your claim that it is separate property. If commingling occurred, the court may treat the inheritance like any other marital asset and include it in the division during divorce.

Establish your child’s inheritance as separate property

To help the court understand that the inheritance should go only to your child, start by gathering proof. If the inheritance comes from you or the other parent, you may need to show that you intended to pass it on and kept it separate from marital property. Collect legal documents that show who gave the inheritance, what was given and when. For example, keep a signed letter, a copy of the will or a formal trust document that names your child as the intended recipient. After that, take action to reinforce that you treated this property as separate, not shared. To do this, take these practical steps:
  • Keep and organize those documents in a safe place and make digital backups
  • Create a trust with your child as the beneficiary, including details on how and when they can use the assets
  • Review and update your will, life insurance and retirement accounts to name your child—not your spouse—as the sole beneficiary
These steps can help you demonstrate to the court that your child is the rightful owner of the inheritance and that you have kept it separate from marital property. By keeping good records and planning, you give your child a better chance to keep what was meant for them as you go through the divorce process. To safeguard your child’s inheritance and long-term interests, consider speaking with a legal professional who understands how Georgia courts handle inherited assets during divorce.]]>