Property division Athens GA contested divorce law firm

Property division Athens GA contested divorce law firm

Georgia is an equitable distribution state which means that every marital property acquired during the marriage is divided. Property brought into the marriage will not subject to division in a divorce. In order to divide up property in a divorce action, categories of property have been created. Marital property refers to all property that was acquired during the marriage, regardless of how it is titled.

Gifts given by one partner to another are treated as marital property if they were purchased with marital funds. Pensions and business interests that were developed by one spouse are considered as marital property if they were obtained during the marriage. Generally, the only property that the court will transfer from one partner to another is fifty percent of a retirement plan, benefit package, pension, or profit sharing. Without an contract between spouses, the judge will decide what property is to be treated as marital property. Although the judge cannot transfer the title of property from one spouse to another (except for pensions and the like), it may give a money award to one party to compensate for the other party keeping the property. In the case that property falls into both categories such as a car that was brought in part with money from one spouses non¬marital funds and in part with marital funds, the court will decide what percentage of the car is marital property and what percentage is non¬marital and incorporate this into the monetary award when the property settlement is decreed. It can also order the sale of the property and division of the proceeds between the parties. The court will also look into issues of alimony in deciding property settlement issues.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.

Marital Separation Agreements in a Madison County Georgia divorce case

Marital Separation Agreements in a Madison County Georgia divorce case

Athens Georgia divorce law firm

A Marital Separation Agreement is a legal contract between you and your spouse, which settles many issues such as property and debt division, spousal support, child custody, visitation, child support, insurance coverage, etc

The agreement has two main purposes:

1. A separation agreement may settle all of your issues for the period separation till the time of divorce. Certain separations can last several months or even years, so it is very important to protect yourself and have all the necessary issues settled between you and your spouse agreed to in writing.

2. A separation agreement is the last legal document you and your spouse will utilize to resolve all your marital issues so as to receive a final order for divorce awarded by the court.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.

Madison County GA support lawyer

Madison County GA support lawyer

Madison County GA child support

Georgia divorce laws provide that in cases where a marriage annulment or marital annulment is requested, and there are children of the marriage, that the children should be given the same rights, protections and parental financial support, including that the children must not considered illegitimate offspring of the parents, that other children of the state receive.

Child support should be determined on divorce laws except when the court sees reason for child support to be independent of those rules. Monetary child support can be assigned to one or both parties. Child support in GA is determined by Georgia divorce statutes and a mathematical formula.

The Georgia Department of Human Resources, OCSS protects children by enforcing parental responsibility to pay child support. All Georgia families have access to OCSS services, including help with locating non-custodial parents, confirming paternity, establishing and enforcing child support and medical support orders, and collecting and distributing payments.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.

Athens Georgia child custody law firm

Athens Georgia child custody law firm

Marital breakdown and Cruel Treatment in Madison County GA

During the 1970s, GA began to acknowledge the concept of irretrievably broken marriage which in essence allowed a no-fault ground for divorce. All that needs to be demonstrated is that the marital differences cannot be resolved and that the parties seek a change in their marital status. The only issue is if any prospects for reconciliation exist. Under Georgia law, irretrievably broken is the most common means for getting a divorce in a Georgia court. The trial court will in an irretrievably broken marriage grants the divorce to both spouses equally and no fault is assigned.

For cruel treatment, to be the reason for awarding a divorce in Georgia , should consist of the willful infliction of pain, bodily or mental, upon the complaining spouse, that reasonably justifies fear of danger to life, limb, or health. Georgia divorce courts will recognize continous acts of violence as a basis for diovrce but one single act of violence does not constitute cruel treatment unless that act is of such an atrocious nature that the circumstances indicate the probability of repetition. Even though mental cruelty can also constitute grounds for a divorce in Georgia, not all mental cruelty affords a ground for divorce.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.

Divorce lawyer in Oconee County GA

Divorce lawyer in Oconee County GA

Athens Georgia divorce attorney

DISCLOSURE: The law mandates both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failing to fully disclose all relevant information or concealing information can have serious consequences. Its important to be precise in detailing assets and debts.

HEALTH INSURANCE: Unless it is agreed upon and part of a settlement agreement, one spouse covered by health insurance need not pay health insurance premiums for the other spouse after divorce. But, the spouse without coverage can continue the insurance coverage at his or her own expense for up to 3 years at the same or similar rates. To get benefit of this right, the spouse not insured has to inform the other spouses insurance company within 90 days of the final order.

Support Payments and Divorce

Fixed payments for child support are not deductible for tax purposes. If the amount paid is lowered conditional on the child – like as attaining a specified age, dying, leaving school or marrying - the amount of the specified reduction is treated as child support.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.

Divorce and Taxes in a Madison County GA contested divorce

Divorce and Taxes in a Madison County GA contested divorce

Athens GA divorce lawyers

An individual will be treared as unmarried for tax purposes at the end of a tax year if the taxpayers spouse is legally separated from the taxpayer by divorce judgment or separate maintenance contract at the end of the tax year.

A married taxpayer will be treated as unmarried and can qualify for head of household status if the taxpayers spouse was not a member of the household for the last six months of the year and the household is the home of a dependent child.

Liability on Joint Return

You can request relief from liability for tax, plus connected penalties and interests for which you feel that your ex- spouse must be liable.

Innocent Spouse Relief is an option for you if you: (1) filed a joint return and (2) are no longer married to or are legally separated from the spouse with whom the joint return was filed.

Dependency Exemptions

Generally the dependency exemption for children of divorced taxpayers goes to the parent who has custody of the child for the greater part of the calendar year.

Alimony and Spousal Support

Generally, maintenance and separate maintenance payments are income to the receiving spouse and are deductible by the payer.

If you have any questions about the tax implications of a divorce, you must consult with to a divorce attorney.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.

Athens GA Divorce Lawyer | Marital Settlement Agreements in a Oconee County Georgia divorce

Athens GA Divorce Lawyer | Marital Settlement Agreements in a Oconee County Georgia divorce

Athens-Clarke County Georgia divorce law firm

A settlement agreement explains the terms of the divorce and the relationship between the two parties proceeding the divorce. These agreements generally cover property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce.

While it is not required, filing a marital settlement agreement has some advantages:
• details all of the agreements on paper, eliminating doubts.
• The spouses might not have to go to court. The judge can honor the written agreement if its written properly and covers all material aspects of the divorce.
• Demonstrates to the court that major issues were resovled, and the case will move more fast though the system.

Marital settlement agreements can be entered into at any time prior to the final order. They are usually filed with the final decree.

If a spouse is on welfare, the District Attorneys office may be required to look at and sign the marital settlement agreement prior to court filing.

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Athens GA Divorce Lawyer - Athens GA Uncontested Divorce - Contested Divorce Attorney

Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.