However, their desire for a streamlined divorce may be at odds with the level of conflict they have with their spouse. Contested divorces have a tendency to be protracted and complicated legal matters. How long can someone facing a contested divorce expect the process to take?
Under Georgia state statutes, there is a mandatory waiting period that applies when someone files for divorce. Spouses generally need to wait at least 30 days after filing the documents and providing appropriate legal service to finalize the divorce. The fastest divorce possible requires a minimum of 31 days.
In many cases, it can take substantially longer than that to go from the initial filing to the finalization of the divorce decrees. In contested divorces, spouses can anticipate a much longer overall process that takes multiple months, possibly even more than a year.
The initial divorce paperwork submitted to the courts typically proposes a property division arrangement and custody arrangements if there are children in the family. The other spouse then has an opportunity to respond to those proposed terms and counter them with different terms.
In a contested divorce, the spouses have not yet reached an agreement on how to resolve the practical issues facing their family. They may spend months negotiating, possibly through their lawyers, attempting to settle their disagreements. In some cases, they may attend mediation sessions.
If those efforts prove unsuccessful, then they may eventually find themselves in family court. Litigated or contested divorces can take a while to resolve. It can take weeks to secure a hearing in court. The more information the spouses need to present to the judge, the longer divorce litigation may require.
Unfortunately, there is no exact timeline for a contested divorce. It could easily take six months, a year or even longer. Instead of rushing through the process, it is usually better to focus on securing the best term possible. Those preparing for contested divorces may want to explore other options to speed up the process if the timeline is important in their case.
Spouses who find a way to settle with each other can potentially complete their divorce process quicker than those who have to take their case all the way through the court system. Learning more about the potential timeline for a contested divorce can help people prepare for the path ahead in informed ways.
]]>Instead, the court takes a closer look at various aspects of your marriage and each spouse’s financial situation. Here’s what the courts consider when determining alimony:
The court weighs these factors and others to determine if alimony is appropriate and what the type, duration and amount should be.
The duration of your marriage plays a critical role in determining alimony. There’s no minimum amount of time you must be married to receive spousal support.
However, generally, the longer the marriage, the more likely the court is to award alimony. Long-term marriages may result in longer periods of support, whereas short-term marriages might lead to a brief term or no alimony.
Infidelity can indeed impact alimony in Georgia. If your spouse cheated, it could lead to a reduction or complete denial of their request for spousal support. The court may view their adultery as a factor that caused the marriage to end.
However, if you are the higher-earning spouse and committed adultery, the court might award alimony to your spouse as a result.
Qualifying for alimony hinges on a few conditions. If you’re seeking support, you must demonstrate a financial need and that your spouse has the ability to pay.
The court will then use the factors above to decide if you qualify for alimony and what the terms should be. This process seeks to ensure that both parties can transition into their post-divorce lives with financial stability.
A seasoned divorce attorney can help ensure the alimony process is handled correctly. They will guide you through the complexities of your case and represent your interests for an equitable outcome.
]]>However, there is little question that divorce rates among older adults have changed in recent years. Since 1990, the divorce rates among those aged 55 or older have doubled, while the divorce rates among those aged 65 or older have roughly tripled. This change occurred during a time when overall divorce rates in the United States have noticeably declined.
People live longer now than they did in decades passed. Adults can expect to potentially spend decades of their retirement with their spouses. For some people, that may be too long, as their relationship is not a positive element of their life anymore. What people expect to secure through marriage and commitment is different now than it was a few decades ago. They want more than just commitment. They want meaningful connections and shared values. People are more likely to walk away from relationships that they find unfulfilling or stressful now because they expect more from their romantic connections.
Attitudes about divorce have also changed substantially in recent decades. Long gone are the days when divorce led to stigma that would follow someone for life. People no longer tend to judge those who have divorced for that choice. Additionally, the rise of no-fault divorces has made it easier than ever before for people to divorce without having a major complaint against their spouse, such as abuse or infidelity.
Technically, the laws that apply to those divorcing later in life are the same as the laws that govern a divorce between those who just married last year. However, gray divorces tend to be more challenging to manage because there is more property in the marital estate and more reason to worry about the financial impact of property division, as people may worry about staying on track for their retirement plans.
Gray divorce can lead to a happier and healthier retirement for those feeling trapped in marriages that are no longer serving their interests. Overcoming the misconception that divorce is a process for younger people may help those feeling trapped after years in an unhappy marriage find the courage to make a change.
]]>They might worry about the possibility of divorce or future conflict in their marriages. A prenuptial agreement can be a powerful tool for those worried about their relationships and resources. Prenuptial agreements eliminate questions about the responsibilities of each spouse and may lead to stronger marriages. They also help take the mystery out of divorce proceedings by clarifying exactly what should happen if the spouses eventually separate.
Someone who recently got engaged may think that a prenuptial agreement could be a useful form of protection but may also worry about how their fiancé might respond to them asking for one. How can recently engaged individuals broach the topic of a prenuptial agreement?
A conversation about a prenuptial agreement is a difficult discussion that people may need to have face-to-face with one another. It is all too easy to misread someone’s intentions and tone when communicating via text message or email.
The party proposing the prenuptial agreement may need to prepare for the possibility that their fiancé feels shocked about the suggestion. However, people are more open-minded about prenuptial agreements now than they were just a few years ago. More than 40% of married Millennials and Gen Zers confirm that they signed a prenuptial agreement before tying the knot.
The person suggesting a prenuptial agreement may want to specifically discuss how the agreement could protect both parties. For example, they could propose terms that would be useful for them and also terms that could benefit their fiancé. After all, a prenuptial agreement is usually only a valid and enforceable contract if it includes benefits for both parties.
The process of negotiating a prenuptial agreement can actually be beneficial for the engaged couple. They can clarify their expectations for one another and the relationship and start their new married life with a shared perspective.
Bringing up the conversation early and then also giving someone time to process could help someone secure contractual protections that both strengthen their marriage and reduce the risk of a messy divorce in the future.
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It’s a stark reality: if parents aren’t married when a child is born, the father finds himself in a legal vacuum. Notwithstanding any child support arrangements, the father remains without rights to the child until a legitimation action is initiated.
Legitimation is not automatic; it requires a deliberate legal process. Fathers should take proactive steps to legitimize their relationship with their child. This involves filing a legitimation action in court to establish paternity and secure parental rights legally.
Paternity rights encompass more than just legal recognition. They include the right to custody, parenting time and decision-making in the child’s life. Legitimation can serve as the gateway to unlocking these fundamental rights for fathers.
Once informed of their rights, the father must file a legitimation petition in the appropriate court. This document formally requests the court to establish legal paternity. In many cases, courts may order DNA testing to conclusively determine paternity. This scientific evidence can strengthen the father’s case for legitimation.
The legitimation process involves court hearings, during which both parties present their case. The court evaluates the evidence and makes a decision on legal paternity. Upon successful legitimation, fathers may gain the right to seek custody and visitation. The court considers the child’s best interests when making these decisions.
Legitimation can also grants fathers the opportunity to seek the authority to participate in major decisions affecting the child’s life, such as education, healthcare and religious upbringing.
Legitimation is the cornerstone for fathers seeking to establish their legal rights when a child’s parents are unmarried. It’s a proactive step that not only legitimizes paternity but opens the door to a range of parental rights.
]]>The state has an equitable distribution law that requires a fair division of property, but people often disagree about what “fair” looks like. Many people set specific goals that include retaining certain assets. For many married couples, the home where they live together is the most valuable shared property they have and will, therefore, be the focal point of their divorce negotiations. Although only one spouse can potentially keep the home, both should receive a fair portion of its value. The following should be considered if one spouse aims to keep the home instead of working with their ex to sell it and benefit from that sale.
Not everyone can afford house payments after a divorce in Georgia. People need to look at their income, potentially including the income that they will receive via child support, to establish whether or not they can afford homeownership after a Georgia divorce. The mortgage payment may go up due to not having a co-borrower and needing to provide a spouse with their share of equity. People need to consider that refinancing the mortgage after the divorce will likely increase the principal balance that they owe, which will in turn increase the monthly payments.
People can usually qualify for more financing when married than they can on their own. The terms will also be better when there are two incomes for lenders to consider. Particularly if someone has a mediocre credit score, they may have a hard time obtaining a mortgage after a divorce. Being unable to finance can be a major hurdle for those who would like to continue living in the marital home on their own or with their children after a divorce.
Owning a house isn’t just about making payments every month. It also requires regular time investments to maintain and improve the property. Some people have jobs that are so demanding that they cannot commit to lawn maintenance and other home care necessities. Others may lack the physical ability to engage in those tasks because of their age or health challenges.
For many people, moving into a smaller home after a divorce or accepting a share of the home equity as a nest egg for rebuilding their lives is a better option than fighting to keep their marital home. Whatever your goal may be with regard to your marital home, if you’re getting a divorce, know that considering your situation thoughtfully – and seeking legal guidance accordingly – can help to ensure that you start your single life off on the right foot.
]]>A Qualified Domestic Relations Order (QDRO) is a legal document used in divorce agreements. This document highlights who is entitled to receive a portion of an account owner’s retirement plan assets.
Retirement accounts are usually among the most valuable assets in a marriage. Without a QDRO in place, the division of these accounts could result in substantial tax implications and penalties for both parties involved.
A QDRO may be essential because it enables a retirement plan administrator to share the retirement funds between the divorcing spouses without compelling them to incur early withdrawal penalties or tax liabilities. This legal order establishes each spouse’s right to a portion of the retirement account. This helps ensure that the division adheres to the guidelines established by the Employee Retirement Income Security Act (ERISA).
First, the divorce agreement must clearly state how the retirement accounts will be divided. It is essential to seek legal counsel to help ensure the QDRO is properly drafted and approved by the court.
The QDRO must be specific and should include important details, such as:
Once the QDRO is prepared, it must be submitted to a retirement plan administrator for review and approval. The plan administrator will try to ensure that the QDRO meets the requirements and provisions of the retirement plan before it is implemented.
Both parties should understand the potential tax implications of QDROs. When retirement funds are transferred from one spouse to another through a QDRO, the recipient spouse may still be liable for income taxes upon withdrawal.
To avoid immediate tax consequences, the recipient spouse may opt to roll over the funds into an Individual Retirement Account (IRA). This allows the funds to continue growing tax-deferred until the recipient chooses to make withdrawals in the future.
These plans can help to ensure a fair distribution of marital assets but they’re not always straightforward, so it’s generally a good idea for couples to seek legal guidance before committing to this course of action.
]]>As you plan for summer, consult the parenting plan to determine what special terms there are in place – perhaps within the text of a parenting plan – for this time of year. Some plans allow planned vacations to trump the normal schedule. Be sure you discuss any scheduled activity with your co-parent. This can include vacations, day trips or just regular visits. The more details you can agree on in advance, the less chance there will be for misunderstandings or disagreements later.
Proper communication should be a practice throughout the year, but it’s especially important during the summer when schedules can be more hectic. Make sure both parents have a clear understanding of what’s expected and are on the same page.
Be willing to adjust
Summer schedules don’t always go as planned. Be willing to accommodate changes in the other parent’s schedule, as long as they are reasonable and communicated in a timely manner. Always remember the focus should be on the children’s well-being and happiness. Make decisions based on what’s best for them, not what’s most convenient for you.
Respect the agreed upon schedule and avoid last-minute changes unless absolutely necessary. Picking up and dropping off the children on time will also show respect for the other parent’s time. This also provides stability for the kids, which can greatly benefit them.
Allow and encourage your kids to share their summer experiences with the other parent. This can help maintain a sense of continuity and stability for your children. If you’re going on vacation, remember to set up a plan for communication between your co-parent and your children. You can use phone calls, video chats and similar methods to do this.
Summer should be a fun and relaxing time for your children. Avoid turning it into a competition about who can provide the best or most extravagant summer experience. Instead, focus on creating meaningful and memorable moments with your children.
]]>Property division is one of the most major aspects of a divorce. Your property includes all of your marital property and debts.
Marital property is property you and your spouse acquired during your marriage, with some exceptions, such as inheritances or gifts, while separate property is property you owned before your marriage. Separate property can become marital property if it mixes with marital property or funds.
The same is true for marital debts, which are debts that you and your spouse took on during your marriage. Any debt you had before your marriage that did not mix with any marital funds remains your debt and is not divided in your divorce.
States take different approaches to property division. Georgia is an equitable distribution state. This means that your marital property is divided fairly.
In equitable distribution states, it is important to recognize that equitable does not mean equal. To achieve a fair or equitable outcome, a court examines several different factors.
Some of these factors include the length of your marriage, your income and earning capacity, how much each of you contributed financially to the marriage and your economic situation post-divorce.
For example, if your marital property is split equally, but you find out your spouse is due to receive a significant inheritance two weeks after your divorce, you could use this as a factor to support you receiving a higher share of the marital property.
Two other factors that can make a significant difference in the outcome of your property division are the conduct of spouses toward each other during the marriage and evidence that a spouse has wasted or hidden assets.
Therefore, if your spouse was a habitual cheater or engaged in domestic violence against you, evidence of this conduct is something the court would consider when making an equitable distribution decision.
It is never a wise idea to try to hide or destroy marital assets. Sometimes, spouses hide or get rid of assets as an act of revenge, because they do not want the other spouse to receive them. They may also hide an asset to lower the amount of assets in their division column, hoping to receive more.
This is a bad idea. There are many ways courts and investigators can uncover evidence of hidden or destroyed assets, and courts can penalize spouses who do this. The most common penalty is giving additional assets to the other spouse.
The marital home is often one of the largest assets in a divorce. A court uses the equitable distribution approach when deciding which spouse gets the marital home.
One of the factors in this situation involves which parent has primary custody of any children involved. If no children are involved, the court may examine factors such as which spouse can more easily afford the home. If neither spouse can afford it, the court can order the home to be sold.
This provides a basic overview of what equitable distribution means in a divorce. Just as every marriage is unique, so is every divorce. An experienced divorce attorney can evaluate your situation and represent your best interests.
]]>Then, when they divorce, they have to sort through all of their belongings and also their financial applications to start living financially separate lives. Many couples in Georgia will have a difficult time addressing their marital property in the early stages of a divorce.
Debts can also prove to be a sticking point for many couples. Will a spouse who did not take on major debts have to help pay them back after a divorce?
Just like couples share their income regardless of whose name is on the paycheck deposited into the shared bank account, so too do couples share responsibility for debts created during their marriage. Obviously, debts added to shared credit accounts will be the theoretical responsibility of both spouses.
Accounts held only in the name of one spouse could also be subject to division in a Georgia divorce. In most cases, the primary consideration regarding whether the debt is subject to division or not will be the date when it originated.
If someone had debt from before their marriage that they still have not paid off when the divorce occurs, that debt will likely remain theirs to take care of separately. Most debts from during the marriage, including student loans and credit cards in the name of only one spouse, could potentially end up divided.
Some people insist that they will not help pay for certain debts, possibly because their spouse created those debts by conducting an affair. Other people may worry that their spouse will fail to pay debts after the divorce and ruin their credit score.
A thorough review of the household financial circumstances is a key starting point for anyone contemplating a divorce in Georgia. Additionally, they will want to try to identify charges that could constitute dissipation, such as money wasted on an extramarital affair.
In some cases, someone worried about the behavior of their spouse might take the debt in the divorce along with more marital property so that they don’t have to worry about their former spouse defaulting. In theory, every divorcing couple will have the opportunity to set their own terms for property division, including the division of debt. Otherwise, they will have to rely on the judge’s interpretation of the state’s equitable distribution standard.
Identifying the most pressing concerns that may evolve from property division concerns may help those who are preparing for divorce in Georgia secure better outcomes with the assistance of a reputable attorney.
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