In a divorce, the courts determine how to divide up everything that has been accumulated during the marriage. For same-sex couples, who only have had the right to marry in Georgia since the 2015 Supreme Court decision in Obergefell v. Hodges, the path to an equitable split may be less traditional. A same-sex couple may
During a divorce settlement, deciding what happens to marital home can be gut wrenching. Typically, the home is one of the divorcing couple’s largest assets, but the property can’t easily be split. Either one of the parties may want to keep the family home, but sometimes the better decision may be to sell it and…
For young couples planning to marry, one of the first practical considerations is how they will bring their finances together. Money is often at the root of many marital problems when we counsel people seeking a divorce. Nobody preparing to tie the knot is simultaneously planning how to divide assets when a marriage unravels. However,
With our lives increasingly intertwined with technology, the division of digital assets is an area that shouldn’t be overlooked in a divorce. Digital assets include any content, such as photos, videos, music and documents, stored on smartphones, tablets, computers or remote servers that make up the cloud. Part of any divorce is determining how to
When facing off against a soon-to-be former spouse in divorce court, it is essential that you – the client – discuss with your lawyer what issues are most important to you so your lawyer can prioritize your objectives and build a winning strategy. During a divorce proceeding, each side generally has limited time to present
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
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
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
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
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