Blog Category | Divorce
Does Every Divorce Include Alimony? Here's What Georgia Courts Actually Consider
One of the most common misconceptions we hear from people considering divorce is that someone automatically pays alimony when a marriage ends. That’s simply not how Georgia law works. Many people are surprised to learn that not every divorce involves alimony, and even when it does, there isn’t a standard...
Continue Reading Does Every Divorce Include Alimony? Here's What Georgia Courts Actually ConsiderWhat Happens if My Ex Violates a Custody Order in Georgia?
Divorce is difficult, but once your terms are settled and your case is finalized, you can move forward into your future. Your child custody terms, however, can remain a sticking point even after the dust has settled on your divorce. If your ex refuses to follow the court-ordered child custody...
Continue Reading What Happens if My Ex Violates a Custody Order in Georgia?What is a Divorce Settlement Agreement?
Most divorces in Forsyth County and throughout Georgia are settled out of court, meaning the couple enters into a divorce settlement agreement. Taking this path can save significant time and expense, and it can also reduce emotional strain, which is generally better for everyone, including the children. If you’re heading...
Continue Reading What is a Divorce Settlement Agreement?What Is the Divorce Process in Georgia
No two divorces in Georgia are exactly alike, but most follow the same basic path forward. This generally begins with one spouse filing for divorce, which triggers the steps that are to come. The bottom line is that your parental and financial rights are on the line, and having the...
Continue Reading What Is the Divorce Process in GeorgiaCommon Causes of Divorce in Georgia
Divorce is a challenging experience, and we understand the uncertainty that can accompany it. Understanding the potential causes and factors that can lead to a marriage breakdown is essential to avoid divorce whenever possible and approach the divorce process properly. At Banks, Stubbs & McFarland, we handle all types of...
Continue Reading Common Causes of Divorce in GeorgiaYour Guide to the Divorce Process
Depending on your specific situation, the steps in the divorce process can quickly become overwhelming and complicated. One of the steps you should prioritize is getting an experienced divorce attorney in Georgia as early as possible in the divorce process. We will assess your situation, ensure you understand all the...
Continue Reading Your Guide to the Divorce ProcessWhat Are the Different Types of Divorce?
Many divorces in Georgia are no-fault, which means that the divorce is based on irreconcilable differences. Georgia does, however, allow divorces that are based on specific forms of fault, such as adultery. This means that spouses can choose between no-fault and fault-based divorce when filing a complaint. Further, many divorces...
Continue Reading What Are the Different Types of Divorce?What You Need to Know About Spousal Abandonment in GA
If you are seeking a divorce in Georgia, you can either apply for a fault-based or no-fault divorce. The state of Georgia does recognize 13 fault-based grounds, one of which is abandonment (referred to in the law as abandonment). To claim spousal abandonment, certain criteria must be met. If you...
Continue Reading What You Need to Know About Spousal Abandonment in GADo Grandparents Have Rights in a Divorce?
Yes. Grandparents have rights in a divorce. However, they might need to take legal action to preserve their rights in cases where their grandchildren’s parents are embroiled in an adversarial divorce case. The grandchild-grandparent relationship is an important one that can enrich the lives of both parties. However, there may...
Continue Reading Do Grandparents Have Rights in a Divorce?What Constitutes a High Asset Divorce?
In general, a high-asset or high-net-worth divorce refers to a divorce in which the couple owns more than a million dollars in various assets. While most divorces come with many challenges, even those that don’t involve significant assets, high-asset divorces have specific complications and considerations due to the complex types...
Continue Reading What Constitutes a High Asset Divorce?What is the Most Common Custody Arrangement In Georgia?
The most common child custody arrangement in Georgia, as in many states, is joint legal custody with one parent designated as the primary physical custodian. This arrangement emphasizes shared decision-making for the child’s welfare while designating one parent as the primary residential custodian. The state wants to encourage parents to...
Continue Reading What is the Most Common Custody Arrangement In Georgia?Do you have to pay child support if you have 50/50 custody?
In Georgia, even if parents share joint physical custody on a 50/50 basis, it does not necessarily absolve either party from the responsibility of paying child support to the other parent. Child support is determined based on various factors, including the income of each parent, the child’s needs, and the...
Continue Reading Do you have to pay child support if you have 50/50 custody?How Are My Assets Divided in a Divorce Mediation?
Figuring how marital assets will be divided between spouses is among the hardest and most disputed aspects of a divorce. When dividing marital assets in a Georgia divorce, the state follows the equitable division rules, which means that all marital assets must be split fairly and equitably. However, this does...
Continue Reading How Are My Assets Divided in a Divorce Mediation?Can I Give My Spouse The Divorce Papers Myself?
Regardless of where you live and in which state you are filing a divorce, you must serve your spouse the divorce paperwork. This is called the service of process. You are legally required to do this to inform your spouse that you have filed for divorce. It is crucial to...
Continue Reading Can I Give My Spouse The Divorce Papers Myself?What Is the Divorce Process in GA?
The divorce process in Georgia involves filing for divorce, serving the other spouse with the divorce papers, negotiating the terms of your divorce, and finalizing the matter, but there is – of course – a lot more to it than this. Divorce is a complicated legal matter, and because the...
Continue Reading What Is the Divorce Process in GA?What is the Divorce Process? What Happens if They Can Not Agree?
Divorce is never an easy process. There are many ways to reach a divorce settlement. However, it is easier if couples can negotiate and agree on the major aspects of their divorce. No matter what type of divorce you are going through—even if it is amicable, it’s imperative to have...
Continue Reading What is the Divorce Process? What Happens if They Can Not Agree?Does Legal Separation Need to Precede a Divorce in GA?
Not exactly, because Georgia doesn’t recognize legal separations. If you and your spouse are not sure if you want a divorce yet but want to be separated, you can opt for separate maintenance. This will allow you to stay married in the eyes of the law. It is a great...
Continue Reading Does Legal Separation Need to Precede a Divorce in GA?What If I Cannot Find My Spouse During The Divorce Proceedings?
At the start of every divorce case in Georgia, the spouse who wants to file for divorce, called the petitioner or plaintiff, must serve the other spouse, called the defendant, a copy of the divorce petition and a summons. This is usually not an issue. In some cases, however, the...
Continue Reading What If I Cannot Find My Spouse During The Divorce Proceedings?How Assets Are Divided in Divorce
Not everyone’s marriage ends in happily ever after. Sometimes, they end in divorce. The divorce process usually comes with a host of financial and legal issues. But understanding the laws can help you better understand the best options for your specific situation. If you are wondering how your and your...
Continue Reading How Assets Are Divided in DivorceWhat Evidence Do Courts Consider When Dividing Property in a Divorce?
In a Georgia divorce, you and your spouse must resolve various issues like property division, alimony, child custody, and child support. If you and your spouse are anything like most divorcing couples, you may have a difficult time coming up with an agreement on these divorce issues. If this is...
Continue Reading What Evidence Do Courts Consider When Dividing Property in a Divorce?What are Georgia's Community Property Laws?
Facing a divorce potentially means giving up some of your assets, whether by choice or otherwise. This fact alone keeps many people from pursuing a divorce when they really want one. However, understanding Georgia’s property laws and how they impact divorce couples can give you the knowledge and confidence you...
Continue Reading What are Georgia's Community Property Laws?How Does Military Divorce Work?
Married military couples face much of the regular stressors that civilian couples face, plus some. Unfortunately, sometimes these marriages just don’t work out, and problems can grow beyond repair. If this has happened to your marriage, you’re likely wondering how a military divorce works in Georgia. The good news is...
Continue Reading How Does Military Divorce Work?What Does Equitable Division Mean in a GA Divorce?
Divorce is a stressful time. It’s one that involves many issues that must be settled before a couple can sever their ties and go in different directions. Who gets the house? Will anyone pay alimony? Who will get custody of the children? There are many unanswered questions until the process...
Continue Reading What Does Equitable Division Mean in a GA Divorce?How Does Moving Out Affect Divorce in Georgia?
There are various reasons why a person dealing with divorce would want to move out of the marital home. These reasons can range from emotional issues to problems with abuse or violence and financial considerations. However, it’s worth noting that leaving the family home before the divorce has been finalized...
Continue Reading How Does Moving Out Affect Divorce in Georgia?When Can a Divorce Decree be Set Aside in GA?
A Forsyth County family law attorney can help if you think you might need to set aside your Georgia divorce decree. It’s important, however, that we start the process before the statute of limitations (legal time limit) runs out. What Does It Mean to “Set Aside” a Decree? The term...
Continue Reading When Can a Divorce Decree be Set Aside in GA?How Does a Judge Determine Custody in a Suwanee Divorce Case?
Custody matters can be a particularly stressful part of a divorce case, especially if you are unsure how courts decide custody arrangements. It’s important to understand that judges in Georgia always prefer for the parents to make their own child custody agreement, as it can be better for the child,...
Continue Reading How Does a Judge Determine Custody in a Suwanee Divorce Case?What if my spouse disappears during the divorce process?
When you are getting divorced, you are seeking a life separate from your spouse. However, what happens if your spouse takes off and disappears before your divorce is finalized? Can you still conclude your divorce case and move on with your life? The good news is that you can still...
Continue Reading What if my spouse disappears during the divorce process?Should I Get a Protective Order During Divorce?
Divorce could be an especially triggering event for family violence. Domestic abuse, known as family violence in Georgia, is any kind of abuse inflicted by one partner on the other in an intimate relationship or marriage. Hitting, shoving, sexual assault, pushing, and other kinds of physical attacks are considered family...
Continue Reading Should I Get a Protective Order During Divorce?How is Marital Debt Decided in GA?
Divorce is not just about divvying your assets. When the time comes for spouses to split up and go their separate ways, they will also have to split up the debt they incurred during their marriage. Having debt may seem fine when you’re basking in wedded bliss. After all, the...
Continue Reading How is Marital Debt Decided in GA?How Are Assets Divided During a Divorce?
Because Georgia follows the equitable distribution or division principle when dividing assets in a divorce, a divorcing couple must divide their marital property in an equitable and fair way, regardless of which spouse owned or bought the property. Unlike states that follow the community property principle when dividing property between...
Continue Reading How Are Assets Divided During a Divorce?What Happens to Military Benefits After Divorce?
Are you getting divorced, and you or your spouse is in the military? If so, you likely have questions about what will happen to military benefits during and after your divorce. These benefits are important to your financial future, so you need help from a Cumming divorce attorney who handles...
Continue Reading What Happens to Military Benefits After Divorce?Can My Spouse Stop Paying the Mortgage during a Divorce?
Divorce is one of life’s most consequential transitions. If this is the situation you find yourself in, you almost certainly have plenty of questions – not the least of which is how you are going to handle paying your mortgage if your spouse suddenly stops making the payments. Because there...
Continue Reading Can My Spouse Stop Paying the Mortgage during a Divorce?Will Dating during a Separation Affect a Divorce Settlement?
Because Georgia is not a no-fault state when it comes to divorce, beginning to date other people – or another person – while you are still married, is considered adultery (a fault basis), and it can affect the outcome of your divorce. This is true even if you are separated...
Continue Reading Will Dating during a Separation Affect a Divorce Settlement?How Will a Divorce Affect My Taxes?
If you are facing a divorce, there are a lot of moving parts, and your taxes may not be getting the attention that they deserve. The fact of the matter is, however, that the tax implications of divorce can be considerable, and the time to think about them is before...
Continue Reading How Will a Divorce Affect My Taxes?Why Hire a Divorce Lawyer?
The terms of your divorce will directly affect your parental and financial rights, and in addition to this serious matter, you can expect a good deal of emotional upheaval. Because the outcome of your divorce will affect your life so significantly, because your decision-making powers may be stretched to the...
Continue Reading Why Hire a Divorce Lawyer?Is There a Benefit to Filing for Divorce First?
No matter how long there has been conflict in your marriage or how long you have been separated, divorce proceedings in Georgia do not begin until one party files a Complaint or Petition for Divorce with the appropriate court. The party who files the complaint becomes the plaintiff in the...
Continue Reading Is There a Benefit to Filing for Divorce First?‘Families in Transition Seminar’ part of divorce in Georgia
The end of a marriage can be an emotionally trying time, even for well-adjusted adults. It’s no surprise, then, that its effect on children can be magnified, considering their less-developed emotional and intellectual capabilities. There are, however, a couple ways divorcing couples with kids can help with the transition. One...
Continue Reading ‘Families in Transition Seminar’ part of divorce in Georgia4 ways to minimize drama in your divorce
Readers of this blog may be all too aware of the details regarding the recently announced divorce between Johnny Depp and Amber Heard. In light of their split after just over a year of marriage, media outlets have been reporting allegations of abuse, drug use and other salacious behaviors regularly....
Continue Reading 4 ways to minimize drama in your divorce