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Marietta Family Law Blog

Before you say 'I do,' let's have a financial discussion

Prenuptial agreements, or "prenups" aren't for everyone, but many people in Georgia may be surprised at how popular these family law agreements can be. It may seem that only the extremely wealthy should get prenups, but almost 33 percent of single people plan to ask their future husband or wife for a prenup. While these agreements may not seem romantic, they can go a long way to protect your assets in the case of a divorce.

Many prenuptial agreements will dictate how bank accounts and real estate will be divided in a divorce settlement. They may also cover how wills and other estate planning should be dealt with and whether any alimony will be awarded or calculated. And, as couples start marrying later, many people bring the wealth and retirement accounts they've accumulated throughout their career with them into a marriage.

You are cordially invited to our divorce celebration

Several famous couples have gotten divorced but have continued to work together and even be friends. Many Marietta residents may wonder how Lucille Ball and Desi Arnaz, Fran Drescher and Peter Marc Jacobson, or Demi Moore and Bruce Willis are or were not only cordial with one another after their divorces, but friends. Some in the marriage and divorce professions, however, believe that it is easier to be friends with an ex as divorce becomes more acceptable.

While many Georgia couples go through a contested divorce, not all separations need to be so cantankerous. In fact, there is a growing trend amongst divorcing couples to end their marriage the same way it started -- with a party. Although some of the newly-single men and women that throw these elaborate divorce parties are celebrating the end of a long, drawn-out divorce, some soon-to-be ex-couples prefer a healing party that acknowledges a happy split.

Divorce: the legal and emotional side of things

Divorce can be similar to a business deal -- two parties are essentially severing a relationship and must divide assets and liabilities. But, in addition to this, the two parties must determine who will pay for child care, who will have custody of the children and what visitation schedules will be established, and other various things associated with divorce. Essentially, there is an emotional side to divorce and a legal side. Because of these two distinct aspects of divorce, it is important that a Georgia family law attorney provide customized divorce solutions to his or her clients.

An individual involved in a divorce may experience deep emotional distress for years after the divorce, but in order to move forward in life, a Georgia divorcé/e must be able to work through the emotional aspects of the divorce, as well as the legal issues. While many divorces require a balancing of the emotional and legal aspects of the separation at the same time, it is important not to mix the two sides together. Bringing emotions into the legal part of a divorce only makes the legal side longer and more painful.

Come out, come out, wherever you are: find your ex's missing money

Anyone going through a divorce in Georgia knows that splitting up the marital assets can be one of the most contentious and frustrating parts of the divorce. Trying to ensure that your ex is not hiding money and assets from you and that your settlement is actually an equitable division may be difficult, but Atlanta lawyers know how to find out what your ex is up to and preserve your rights to the marital assets.

One Atlanta family law professional has said that one of the best ways to prevent your ex from shielding assets is subpoenaing records as soon as possible. Because a spouse has the right to subpoena bank records, it makes more sense to ask for the records early on, before an ex has a chance to alter records or transfer money to hidden accounts. If there is a discrepancy between the bank records at the time of the trial and from the original subpoena, the judge may infer that your ex did away with some of the money.

The dangers of active social media and family law

You've just started the process of divorcing your spouse and you turn to your ever-present companion -- Facebook. While divorcing Marietta couples may wish to vent their frustrations, feelings of betrayal, anger or general depression to all their friends on Facebook, there is a growing trend of using Facebook and other social media as evidence in family law court.

Child custody in Georgia is generally based on the best interests of the children involved and Georgia family law courts will look at whatever evidence they feel is relevant. What this means, however, is that negative posts on Facebook or tweets on Twitter may not help you win your child custody battle. For example, a father posted that he was putting a picture of his child's mother on a punching bag because he could not actually punch her. The mother ended up receiving primary custody of the child after the judge saw the post.

Tips and tricks to make divorce easier

Divorce is an extremely emotional time in any man or woman's life. Whether you were the one to leave or the one that is being left, there are numerous feelings you are processing that make even the most stoic of Georgians not know what to do next. For many people in Marietta, the thought of dealing with the number of Georgia family law issues that come with divorce makes their heads spin, which is why it is so important to always work with legal professionals when filing for and finalizing a divorce.

There are numerous things that a person must consider when negotiating a divorce settlement, including whether keeping the marital home will be worth it in the long run. In order to maintain some sort of normalcy in the lives of their children, the custodial parents may ask for the family home, but homes are an extremely illiquid asset. What happens if you can no longer afford the mortgage, the maintenance costs, utilities or taxes? It is often very difficult to sell the home quickly and, thus, it may not be the best asset to ask for.

Imprisoned for missing child support? Georgia parents file suit

Marietta parents want to provide for their children and often spend more than they should to ensure their children are well-cared for. When parents divorce, however, one parent is forced to pay child support. While most parents don't object to paying child support, it is sometimes difficult to afford the court-ordered payment and many parents need to reduce their child support payments. If the court refuses to modify the support order or the parent hasn't filed a request to modify, a Georgia court could find the parent in civil contempt and jail him or her.

Georgia is one of many states that imprisons parents who are unable to pay their child support obligations and many parents are sent to jail without being able to consult a lawyer. There have been more than 3,500 parents jailed in the past two years and October 2011 saw 845 people sent to jail.

Football father fights mother for custody of his son

Georgia fathers know how difficult it is to convince a judge that they deserve joint physical and legal custody of their children. For a father who wants sole custody of his children, the burden will be even harder to prove. While courts previously assumed that mothers would be the better parent to assume custody, Marietta fathers want to preserve their relationships with their children, too. Despite having custody and most likely trying to preserve a relationship with his son, a football star is now at the heart of a child custody battle.

The Pittsburgh Steelers team MVP, Antonio Brown, has been a good father to his 4-year-old son. He has told reporters that his son is happy and that his son is with him "for a reason" but did not go into specifics about what that reason is. Despite caring and providing for his son and even inviting his son's mother to visit the child, the mother has recently filed suit for custody over the child.

What caused Project Runway host's divorce?

Men and women across Marietta know just gets under their skin, but sometimes they aren't aware what the "deal breakers" are in their marriages. What is something that is so serious, so critical that if you catch your spouse doing it you would file for divorce? For many people in Georgia and around the United States the answer is infidelity, but that is not what lead to the recent divorce of Heidi Klum and Seal.

The host of Project Runway and one of the most internationally-recognized supermodels has recently announced her decision to separate from her husband of seven years, the musician Seal. But, what caused this seemingly happy and loving family to break apart? According to The Huffington Post, it appears Seal's temper and its effect on the children led to the split.

Another celebrity heads to Splitsville

Lately, it seems like various celebrities are opting out of their marriage agreements. Katy Perry, Kobe Bryant, Zooey Deschanel, Mena Suvari and Kim Kardashian are just some of the people that have headlined the news. As Georgia residents know, no one really wants to go through the process of divorce; however, recently, another well-known celebrity has taken a trip to Splitsville.

A recent article reports that Kenny G, a famous easy-listening saxophone player, is getting a divorce. His wife of 20 years, Lyndie Benson-Gorelick, filed with Los Angeles County Superior Court yesterday. She cited irreconcilable differences.

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