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Atlanta High-Asset Divorce Law Blog

Can I legally avoid paying alimony?

There are couples who remain married in loveless relationships because they fear that they can't afford to get divorced. And it's true that between the property settlement, child support and alimony, a divorced spouse's paycheck can be stretched really thin.

But there may be ways to mitigate how much money is expended post-divorce in spousal support. Some divorcing couples are able to sidestep the concept of spousal support entirely.

With mediation, divorce can be constructive, not destructive

One of the main worries a divorcing couple has is that once they enter the courtroom, their privacy will end. Traditional divorce is not only public, but also lengthy, expensive and sometimes destructive to future family relationships.

However, there is an option. Even with the involvement of significant assets, you can consider mediation, a more constructive, less adversarial form of alternative dispute resolution.

How is custody of special needs kids determined?

If you are fighting for custody of your special-needs child, your case is necessarily more complex and nuanced than many child custody situations. The factors that a judge would ordinarily consider when determining a custody situation are increased to accommodate the special needs of the child.

There are no one-size-fits-all custody arrangements for special-needs children. Even children who are diagnosed with the same disabling condition have variations unique to their diagnoses and circumstances. For instance, suppose you have an autistic child. Since autism is diagnosed on a spectrum, that could mean anything from a high-functioning child with Asperger's syndrome to a non-verbal tween who still needs to be diapered.

My wife and I own a business. How can we split it in divorce?

When you co-own a business with the spouse whom you are divorcing, it can be a bit of a sticky wicket. Few couples manage to soldier on together in the business post-split.

So, it's likely that this will be the most difficult part of your property settlement, particularly if you both are dependent on it for your living. If the business has other family members with ownership interests, it can get even more complex. Below are some tips for dividing the family business in a divorce.

How stay-at-home moms can be financially stable after divorce

If you are a stay-at-home mom getting a divorce, you are in a unique position. One of your particular concerns is probably employment. You may wonder how you can get a job after staying at home for years. 

The truth is that it is possible to achieve financial stability post-divorce. Here are some guidelines to help you regain your financial footing as you end your marriage.

Should you seek spousal support in your divorce?

It's said that two can live as cheaply as one. But when a couple divorces, they immediately go from supporting one household to coming up with the funds to run two separate homes.

That can be quite expensive for families with children who always seem to be outgrowing clothing and other supplies. You may wonder if you can even afford to get divorced.

How to divide stocks in a divorce

For many married couples, the idea of divorce has popped up in one spouse's mind at least once. In Georgia, these thoughts tend to manifest themselves into reality, especially in certain cities. In 2018, the cities in Georgia with the highest divorce rates included Cumming, Winder, Lovejoy and Garden City.

Every divorce in these cities is different. Some people will have hundreds of assets to divide while others will only have a few. Some couples have complicated matters to settle on, such as what to do concerning one spouse's stock options. Investments are a great way to build up a portfolio and to save for your future. However, that future goes into disarray when divorce comes into the picture, and you will naturally have a lot of questions about what will happen to your stocks.

Do you dread summer custody battles?

If you are a parent who shares custody of your children with their other parent, you may dread summer vacation because of the struggles you endure over their custody.

Whether your divorce is still pending, or you never formalized your relationship, you will still have to abide by any terms set forth in any interim or permanent custody order. For instance, you might want to head down to Florida for a week and let the kids get in some beach time. But if your custody order states that you may not take the kids out of state, you could have a big problem.

Can you operate a business together after a divorce?

When you co-own a business with your spouse, divorce becomes quite a bit trickier to execute. One of the fears of divorcing couples with a shared business to run is that their companies will take a hit from the divorce and not be sustainable.

That's why at least some divorcing couples decide to tough it out and remain in business together as partners. Perhaps surprisingly, some manage to make it work.

Can you challenge a prenuptial agreement?

No matter how many years of marital bliss you have experienced, a divorce can happen at any time. If you are splitting up with your partner late in life, it is natural to feel uneasy if your spouse was the primary breadwinner. To compound matters, you might be realizing that the prenuptial agreement you signed may leave you with a small percentage of the joint assets.

While many states require contracts to meet the set standards of The Uniform Prenuptial Agreement Act, Georgia does not follow this procedure. This fact, along with other factors, might put your agreement on shaky ground.  

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