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Case Law Reviews: Marital Property

What Happens to the Family Business in a Divorce?

Categories: Divorce, Marital Property

One of the concerns some couples encounter in the run-up to a divorce is whether they will lose a family business. They may fear that the division of their assets will force the sale of a long-held family business, potentially destroying the livelihood of one or both spouses. There is no doubt a family-owned business Read More

Steps to Take Before You File for a Divorce

Categories: Alimony, Child Custody, Child Support, Divorce, General, Marital Property, Parental Rights

Most couples see a divorce coming months or even years before they call a lawyer. The period leading up to the divorce filing is when you should take practical steps that will give you a sure footing and protect you in your new life. Money, children, and “the talk” are the issues that are likely Read More

Is Mediation Right for Your Divorce?

Categories: Divorce, Marital Property, Settlement Agreement

Most judges in Georgia require divorcing couples to go through mediation before they will schedule a trial. Mediation is a form of alternative dispute resolution, which means it is a process where the parties attempt to resolve their divorce case without having a trial. Don’t regard this as just another hurdle that has to be Read More

Fair Isn’t Always Equal… And Other Things to Know About Wealth and Divorce

Categories: Divorce, Marital Property

One of the first questions divorcing clients ask is related to what will happen to their money. We advise them that Georgia law requires judges to issue “equitable” rulings when dividing assets from a marriage. “Equitable” means “fair” – which isn’t always equal. But most judges at least start the discussion by contemplating a 50-50 Read More

Adultery: A Big Word with Limited Impact in Divorce Cases

Categories: Alimony, Divorce, Marital Property

In many of the divorce cases that our team handles, unfortunately, adultery plays a role. Sometimes it follows struggles within a marriage, such as when a married couple hadn’t been intimate in years. Sometimes it’s shattering, as one spouse cheats while the other thought they were in a happy marriage. While the emotional and psychological Read More

If You Want to Keep Your Premarital Assets, Keep Them Separate

Categories: Divorce, Marital Property

Clients going through divorce often are startled when they find out a major asset they had before getting married, such as a house or an investment account, is considered “joint property” to be divided by a judge. Here’s how this unpleasant surprise can occur. After the wedding, Spouse 1 moves into Spouse 2’s premarital home. Read More

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