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Atlanta Family Law Blog

Accurate net worth statement crucial in Georgia divorce

The division of spousal property and the amounts designated for immediate and long-term alimony or child support are dependent on the financial conditions of a marriage. Courts have guidelines for assessing who owes and owns what, makes what and needs what in Georgia divorces.

In at least one other state, courts require participants in contested divorces and some uncontested actions, to create Statements of Net Worth. This may apply elsewhere, too. The statement names and rules that apply to them are different from state to state. The document is a sworn affidavit prepared by each spouse to determine how a couple's finances will be split post marriage.

Divorced from a Higher Wage Earner - Rethink Social Security

If you were divorced from someone who was a higher wage earner than you, using that ex-spouse's earnings could boost your social security payments when you retire.  So long as you were married for at least 10 years, and have been divorced for at least 2 years, you may qualify to use your ex-spouse's earnings to calculate your payments, even if one or both of you had remarried.  You cannot be married to someone else at the time you apply, but you can requalify after a divorce.

Source: "Social Security on Ex's Record"  MSN Money April 16, 2012

Divorce: Spouses use social networking to lead alternative lives

A recent blog post several months ago discussed the issue of family law and Facebook and the growing use of Internet evidence in divorce cases. As mentioned, content such as photographs and wall comments are not as private as one might think, but the actual purpose of using Facebook is now having as much influence on marriage and divorce in Georgia and across the United States as the content itself.

A recent news article discussed the effect of social media websites such as Facebook, Twitter and Tumblr on marriage and divorce proceedings. While some people use these sites to connect with old friends, others are using it as an opportunity to live an alternative life.

Divorce Ceremonies - end of marriage, beginning of co-parenthood

While a divorce party may help make a clean, celebratory break for some ex-spouses, the next societal trend to take hold may be more somber, but just as significant in helping former husbands and wives and their children make the transition from a family unit to a separate lifestyle.

The ceremonies are being conducted by parents in front of friends and family to solemnize the end of their marriage. The ceremonies are designed to reaffirm a commitment, as parents promise to continue to love and cherish the products of their marriage, their children.

Georgia Governor signs landmark Grandparent Rights Law

Grandparent Rights to visit their grandchildren caught up in custody or divorce cases have been strengthened by the passage of House Bill 1198, passed by the Georgia House of Representatives March 7, amended, passed and adopted by the Georgia Senate on March 26, amendment accepted and passed by the House on March 29.  The Governor signed it into law on May 1, 2012.

The new law will increase grandparent rights to seek visitation when grandchildren are involved in cases involving child custody, divorce or the termination of parental rights. It will encourage judges to allow children to visit their grandparents when that grandparent has financially supported the child for a year or regularly visited with the child.

The new law allows judges to rule that the child's interests would be harmed without some "minimal" contact with their grandparents. Those visits would total at least 24 hours in a month.

The new law eliminates the language that states that there is "no presumption" in favor of grandparent visitation, and adds the following language:

"In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where, prior to the original action or intervention:

(A) The minor child resided with the grandparent for six months or more;

(B) The grandparent provided financial support for the basic needs of the child for at least one year;

(C) There was an established pattern of regular visitation or child care by the

grandparent with the child; or

(D) Any other circumstance exists indicating that emotional or physical harm would

be reasonably likely to result if such visitation is not granted."

It further establishes a rebuttable presumption that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent may suffer emotional injury that is harmful to such child's health.

The new law is effective immediately.  It revises Official Code of Georgia O.C.G.A. ยง 19-7-3.

Grandparents vie with daughter-in-law over child visitation

The relationship between grandparents and grandchildren may be unbalanced when parents of the children divorce or one parent dies. The parent with primary custody or a surviving spouse can consciously or unconsciously weaken or sever the ties between generations, setting up a family law dispute.

The aftermath of a high-profile Georgia murder trial has the parents of the victim locked in a bitter grandparents' rights battle with the widow of their son over access to their grandchildren. The grandparents want a court to grant them regular online visitations with their 3-year-old grandson and 6-year-old granddaughter.

Divorce expos offer end-of-marriage solutions

Divorce expos have been gathering steam across the United States and are becoming extremely popular to those going through the rough patch. Proponents of the concept say people who divorce need resources to reclaim their life just as much as engaged couples need wedding expos to fulfill requirements for the beginning of a marriage.

Like its premarital cousin, a divorce expo offers services that are used by people affected by a specific life change. Instead of promoting wedding planning, cake decorating and honeymoon travel destinations geared toward those preparing for marriage, divorce expo vendors offer a way for participants to renew, rediscover and recover from one of life's toughest events.

Court rules on alleged Equitable Division of Property mistake

Many issues are taken into consideration when it comes to Equitable Divison of Property, and the topic itself is often contentious in Georgia or anywhere across the United States. The process considers the future financial situations of each spouse in order to come to a split of assets that is considered fair. In order to reach a settlement agreement, a couple must work to determine the value of their marital estate, including savings accounts and investments. Once that agreement is made, it is not easy for a divorced couple to modify the divison of property thereafter, except under exceptional circumstances.

Recently, a case out of New York has become a prime example. A man who was divorced had turned to the court system, claiming a mistake was made in the property division settlement. During the arrangement, he and his former wife agreed to evenly split an investment account valued at $5.4 million. His ex-wife took her share in cash, while the man kept his $2.7 million in the investment account.

Commitment, not cohabitation, influences marriage success

Couples in Georgia and across the United States who cohabited before marriage once had a higher divorce rate than couples who remained apart until their wedding day. A new study of 22,000 individuals, single and married, reveals that cohabitation before marriage no longer has the negative impact on marriage success that it once had.

Living together or apart before marriage may not matter as much as it did a few decades ago, but according to the new study by government researchers, the overall divorce rate is still high in the U.S. Almost half of all marriages disintegrate within 20 years.

Georgia Legislature passes Grandparent Rights Law

Grandparent Rights to visit their grandchildren caught up in custody or divorce cases have been strengthened by the passage of House Bill 1198, passed by the Georgia House of Representatives March 7, amended, passed and adopted by the Georgia Senate on March 26, amendment accepted and passed by the House on March 29. The Governor has signed it on May 1.  See Blog.

The bill will increase the visitation rights of grandparents whose grandchildren are involved in cases involving child custody, divorce or the termination of parental rights. It will encourage judges to allow children to visit their grandparents when that grandparent has financially supported the child for a year or regularly visited with the child.

The bill allows judges to rule that the child's interests would be harmed without some "minimal" contact with their grandparents. Those visits would total at least 24 hours in a month.

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