Division of Assets

Division of assets during the divorce process can be a touchy subject! Here is why..

My spouse never put any money in my retirement account why do I have to consider giving them part of my hard earned money is a question that I receive often.  It’s hard for clients to understand why they are forced to divide assets that a party had no actual effort in earning or saving.  The answer is equity. ...

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How Do I File For Divorce?

Where Do I File My Divorce?

Today it is very common to have to deal with jurisdictional issues when deciding when and where to file a divorce action. Often the parties separate and leave the state in which they were residents and wait months before proceeding with their divorce. This delay allows one party to establish residency in a foreign state and the opportunity to proceed with divorce in that jurisdiction.   

Most states allow ...

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Understanding Uncontested Divorce

I Thought I Had An Uncontested Divorce

The smartest manner in which people can handle their divorce actions is by doing what is considered an uncontested divorce. You may have heard or seen a great deal of advertisement in which attorneys offer their services for uncontested divorces at reduced rates of a few hundred dollars, but it is important to understand what you are actually paying for.   

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How Do I File For Divorce in Georgia?

First, you decide if you really want to be divorced and understand all of the consequences of a divorce. Divorce means that you are severing the legal relationship you have with your spouse and all interaction as a result of this will be determined by a final decree which clearly orders what will be paid, how it will be paid and what and how you will interact with one another and your children. Once ...

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Proper Service Divorce Law in Marietta

Divorce Requires Proper Service

Often, I am in a courtroom and people without lawyers stand up, ready to get divorced. The judge reviews the file only to ask the party if there has been proper service.

The individual looks around the crowded courtroom and asks what that means. Then, they tell the court that I cannot find him or her, I have been unable to get them the complaint. The judge explains ...

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Georgia Child Support Law

THEY TOLD ME I DID NOT HAVE TO PAY CHILD SUPPORT:  Just because you do not agree with the court’s order is never a reason to disregard the order.  Many people come to my office and are surprised when their ex-spouse files contempt against them because they did not do something that was in the final settlement agreement or parenting plan.  Their ex spouse agreed one day that they would take less support or ...

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Debts Must Be Divdied During Divorce

Debts must be divided equally alike assets in divorce

Like assets in a marriage in Georgia debts are also to be divided in equity. This means that the court will do what is considered fair when considering the division of debt. Many clients come to my office and assume that they do not have to pay any debts from the marriage as all of the credit cards were in the other spouses name and ...

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WHAT IS THE DIFFERENCE BETWEEN FAULT AND NO FAULT DIVORCE

WHAT IS THE DIFFERENCE BETWEEN FAULT AND NO FAULT DIVORCE

Georgia, like most states, is a no fault divorce state; which essentially means the reason for the divorce is not for the court to consider, we call this irretrievably broken or irreconcilable differences.  When a complaint is filed as a no fault cause for divorce it will usually list one of the above reasons and if there are issues to litigate they will ...

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Attorney Fees: YOU GET WHAT YOU PAY FOR OR DO YOU?

Avoid excessive attorney fees with flat fees

How often have you been convinced to pay more for services or a product and learned to regret it shortly after receiving the work or bringing the package home.  More often than not you realize it when it is too late. There are certain items in the world in which we just feel that we are getting more simply because we are paying more. Is a Rolex a better ...

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