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March 2013 Archives

Should I file for divorce first? Consult an experienced attorney

Jeff Landers is a writer on divorce topics who frequently contributes pieces to Forbes. In a recent article, Landers discussed circumstances under which it might be advantageous to be the party who files first for divorce in a relationship that is headed for certain dissolution.

Playing divorce hard ball when it's unnecessary and wrong

In a recent media article, a family law commentator refers to the "mama bear" that she says is in most women who are seeking to protect their legal interests and the best interests of their children during the divorce process and following dissolution.

Mediation in Georgia: A valuable alternative in family law matters

Georgia courts offer alternative dispute resolution (ADR), with the Georgia Commission on Dispute Resolution (GCDR) citing two primary goals for such an option to resolve family law and other disputes. Those aims are (1) to free up the courts as much as possible so that they can handle more cases in a timely manner with limited resources and (2) to offer persons an avenue for resolution that is often more efficient, cheaper and less adversarial than the traditional court process.

Alimony

In Georgia, the award of alimony is very subjective. Unlike child support, which is based on a spreadsheet calculator, alimony is based on the subjective concept of need and ability to pay, as well as other factors such as length of marriage and conduct of the parties.

Factors signifying that you've truly moved on following divorce

Most people -- friends, family members, co-workers, gym acquaintances -- generally have a pretty good take on where someone is emotionally regarding thoughts about his or her ex-spouse following a divorce.

A few considerations for older divorcing couples

The baby-boomer generation has always seemed front and center in news relating to social movements, lifestyle shifts, generational adjustments toward work/life balance and evolving attitudes toward marriage, divorce, retirement and even renewal in older age.

Overturned prenuptial agreement draws attention, comments

In 1998, a successful real estate developer commanding a net worth of many millions of dollars and his to-be bride executed a prenuptial agreement. It provided for the soon-to-be wife to receive $25,000 per year. Additionally, the premarital contract stipulated that neither party could rely on oral statements outside the agreement in an attempt to circumvent its provisions at a future date.

Focus: Child support non-payers in one state literally get the boot

County officials of one state seeking to enforce child support obligations point with some pride to a method they say is flatly effective in generating amounts owed by tardy payers, and one that in fact has worked without a hitch well than 90 percent of the time: immobilizing the payer's car.

The Divorce Process

Filing for divorce can be a difficult and emotional decision but once you have decided that it must be done, what should you expect? What are the first steps? How long does it take? How much does it cost? I will answer some of these common questions in this general guide on getting started.

U.S. Supreme Court to hear high-profile adoption, custody case

A case scheduled to be heard by the U.S. Supreme Court next month is commanding strong interest across the country for persons, agencies and state courts involved in adoptions involving Native American children. The case -- Adoptive Couple v. Baby Girl, more widely known in the media as the Baby Veronica case -- is widely viewed as likely to set a strong precedent in future child custody matters where the federal Indian Child Welfare Act (ICWA) is involved.

Jurisdiction In Divorce Cases

Jurisdiction and venue are the legal concepts that determine where a case must be filed. Jurisdiction determines the state and the court that has the power to hear a case. Venue determines the county within the state that has the power to here the divorce.

Can My Spouse Throw Me Out of The House?

This is a very common question. When a marriage falls apart it can be very uncomfortable living under the same roof and this inevitably leads to the question of which party is going to move out. The Marital residence belongs to both the husband and wife. Therefore, neither can force the other to leave without a court order. To get that court order you are going to need to have a hearing in front of a judge. This hearing would either be a temporary or final hearing in a divorce action or under a petition for a Family Violence Protective Order. People sometimes ask, what if the other spouse owned the home before we were married or what if the house is just in the name of the other spouse? These facts do not change the answer. Both parties are entitled to remain in the marital residence until the other is granted exclusive use and possession by a court order. Of course, the parties can always agree on this issue. They may decide that one spouse has an obvious place they can stay until the divorce is final or they may decide they can move to different bedrooms and play nice.

On keeping separate (sometimes secret) savings during marriage

Jeff Landers is an author on divorce-related topics, who frequently delves into a subject that experienced divorced attorneys routinely deal with, namely, the central role that money often plays in divorce negotiations and proceedings.

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