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Atlanta High-Asset Divorce Law Blog

Important points to know about spousal support in Georgia

There are many factors that go into determining what type of alimony a person can receive and how much the payments will be if they are ordered. Understanding these can help to ensure that you are prepared for what might happen.

One thing to remember is that alimony can be ordered even you aren't currently going through a divorce. Georgia law allows for spousal support if you are voluntarily separated. In fact, that is one of the reasons the court might order permanent alimony that only terminates if the recipient gets remarried.

Do you follow these child custody exchange tips?

After your divorce is complete, it's natural to have some concerns about child custody. For example, you may not know what to expect when exchanging your children with your ex-spouse.

If you have concerns about this, here are a few tips to follow:

  • Choose a safe place. This is top priority, as you don't want to exchange custody in an area in which you don't feel safe. If you really want to take this to the next level, conduct the exchange close to a police station. This way, help is only a short distance away.
  • Don't be late. You don't want your ex to be late, and you should avoid this as well. You know what time the exchange is to occur, so arrive a few minutes in advance.
  • Bring a third party. If you have any concerns about your well-being, bring a third party along with you. This can be any friend or family member. They don't have to say anything. They're simply there to provide support.

Will your prenuptial agreement hold up in court?

Prenuptial agreements can help you protect your assets in case of a divorce. If, like an increasing number of American couples, you have entered into a prenup, you may be counting on its provisions to save your business or other important assets from division. 

However, if a court finds your prenup or some of its provisions invalid, it may refuse to enforce all or part of it. Having an attorney review your agreement can help you identify likely challenges and figure out alternative strategies.

Does your ex get half of your business?

You're planning a divorce. As a business owner, you worry that your spouse -- soon-to-be your ex -- will take half of the company. Is that how it works?

It can be but don't automatically assume that is how things are going to play out. Your spouse may have a far smaller claim to the company or none at all. The court is going to think about things like:

  • When you got married and how long the relationship lasted
  • When you started the company and whether you were married at the time
  • If your spouse had a role in that company and what the role was
  • How your spouse contributed to the relationship that may have impacted the company

Consider carefully which assets you accept in a divorce

Are you in the process of a divorce or think you may be headed that way? If so, make sure that you don't end up getting a raw deal when you divide the marital assets. It's often smart to have a financial advisor on your team as you go through the process of dividing assets -- particularly if those assets are substantial. The larger the assets that have to be divided, the greater the potential for a serious mistake.

Here are some assets that financial advisors say you may want to reconsider laying claim to in your divorce:

What is supervised visitation?

If you've been told that you'll be able to see your children with supervised custody, you may not be sure exactly what that means. You never want any harm to come to your child, so you can't understand why supervision is necessary.

The reality is that supervision is required for certain cases of custody based on numerous factors. There may be a concern about fleeing with the child or a concern over abuse, for instance.

Some, not all, divorces qualify for spousal support

Going through a divorce is an expensive endeavor. For some people, this is also a time that is financially scary because they don't have the money to support themselves. One reason for this is that some spouses remain home to care for the children and the home. In these cases, spousal support might be in order.

We understand that you might not want to have your ex pay you after the divorce is over. It is important to remember that these payments aren't handouts; they are a legal way that you can get at least some financial backing that enables you to get the training and experience you need to get back into the workforce.

Don’t make any of these co-parenting mistakes

There are times when co-parenting is easy. There are also times when you wonder what you're going to do to get back on the right track.

Making one co-parenting mistake after the next will only complicate your situation. Here are four that you want to avoid:

  • Getting upset: It's hard not to get upset with your ex-spouse, especially if you went through a bad divorce. However, if you're always losing your temper, it'll only make matters worse.
  • Neglecting to communicate: Even if you don't get along, you need to communicate to ensure the well-being of your children. A big part of successful co-parenting is keeping an open line of communication, whether it's through text messages, email or face to face visits.
  • Putting your children in the middle: Don't tell your children bad things about their other parent. Don't ask your children who they like better. If your ex-spouse is doing this, kindly ask them to stop.
  • Fighting in front of your children: If you disagree on something (and you probably will), find a private time and place to discuss it. Doing so in front of your children can put them in the middle of your argument.

Could those business trips lead to a divorce?

You're very invested in your work, and you're very successful as a result. You own your own company, you broker international deals and your revenue goes up every year.

This success does not come without a price, though. In order to keep it going, you have to travel constantly. You take a long business trip every few months. Often, you have to go overseas, so you're gone for weeks at a time. Even when you are at home, minor trips around the United States often mean that you're gone for the weekend or the middle of the work week.

Keep the drama at bay with divorce mediation

Divorce drama is not exclusive to angry and bitter couples in Atlanta. It plays a role in many divorce cases, regardless of economic status. You see and hear about how celebrity and wealthy couples fight tooth and nail over every single issue to keep their partners from getting what is rightfully theirs according to the laws of equitable distribution. 

Each marriage and dissolution are different. There will always be similarities, but it is usually more beneficial to both parties to negotiate and work together towards resolution than it is to fight it out in divorce court. If divorce is on your agenda and there are considerably more assets than when you were first married, consider the following information about divorce mediation

  • Family Law attorney in GeorgiaOrdway again selected by Atlanta Magazine as a top Family Law attorney in Georgia.
  • AVVOOrdway receives AVVO's highest attorney rating of "Superb."
  • AV Preeminent
  • Recognized As Legal Elite
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