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Property Division Archives

Prenups aren't as ironclad as you might think

A long time ago, we wrote a post about a prenuptial agreement that was upheld by a judge after it was legally challenged. That post brought up an interesting topic that we would like to expand upon today: when you challenge a prenuptial agreement, what are some common grounds that are used to support the claim?

Divorce settlement needs objective focus and full information

In Georgia and all other jurisdictions, negotiating a settlement in a divorce is more difficult for a person over 50 due to several factors. There are higher stakes generally, and most importantly, it's not as easy to start fresh and obtain everything that one needs for retirement at such a later point in life. Like all other litigation matters, a divorce settlement comes more easily if both parties can be objectively focused on a fair property division, without the interference of an emotional overlay.

Access to financial records important for divorce proceedings

Unfortunately, divorce affects numerous couples across the country every year, including a significant number here in Georgia. While no one enters a marriage expecting a divorce later, it happens and being prepared for all aspects of divorce proceedings is important. Discussing money and property is a leading cause of contention between divorcing couples. Having access to all financial records and proof of property values may come in handy when establishing fair property division agreements.

Understanding divorce from a judge's point of view

Many Georgia spouses who are preparing to divorce have a set of expectations about the process and how it will move forward. In some cases, these beliefs are far from accurate, and can lead to negative outcomes. One example lies in the belief that most cases are litigated in front of a family court judge. In reality, the majority of divorces are settled between parties using the services of divorce attorneys, and never go in front of a judge.

Social media often a factor in Georgia divorce

The Internet has brought about vast change in the manner in which we reach out and communicate with others. In just one generation, we have experienced a shift in which virtually any piece of information is immediately available, and where connecting with old friends or making new connections is as simple as a few clicks. While the Internet has undoubtedly led to improvements in many aspects of modern life, there is also a downside to this increased connectivity. For many Georgia couples, going online can lead to marital strife and sometimes, divorce.

The ultimate pre-marriage insurance against divorce

Atlanta readers may have differing views on the practice of living together before marriage. Proponents might argue that living together is the best way to see if a couple will last in marriage, and may go a long way towards avoiding divorce and its attendant complications, such as the division of real estate. Others might believe that cohabitation is unnecessary if couples have taken the time to truly get to know each other. Of course, some Hollywood celebrities usurp the whole argument, choosing life-long roommate status over the institution of marriage.

Memories in the family home might stall divorce talks

Real estate can be a stumbling block for many divorcing Atlanta couples. For some, a house may represent a joint creative effort, the culmination of years of planning and saving. With so much work invested in a home, such individuals may be reluctant to part with it.

Retirement assets may be overlooked in divorce

Dividing retirement accounts and investments may be the last thing on the minds of a Georgia couple going through a divorce. Issues like child custody, alimony or real estate often seem to get more attention. As a result, a divorcing individual may agree to a buyout of a retirement asset, just in the name of administrative ease. However, doing so could shortchange one's long-term financial planning and lead to nasty tax consequences.

Real estate valuation tips for divorcing Georgia couples

A recent article reminds Georgia couples that the division of martial property may bring unwelcome surprises around tax filing time. Needless to say, a divorced spouse will likely have different exemptions and deductions, due to the property division ordered by the divorce decree.

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