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Cherokee County Divorce Law Blog

Can high-income couples have an uncontested divorce?

Yes, high-income couples can have an uncontested divorce. In fact, many do, and their divorces can be finalized in a mere two or three months. Whether a divorce is contested or uncontested is unrelated to how much money the couple earns, but rather depends on whether they are able to agree on issues (for example, child custody and property division).

Of course, couples of all income levels have a lot to think about when it comes to divorce, even if it is uncontested. Here is a look at a few considerations.

Who gets the house in a divorce?

Georgia has a relatively high divorce rate, compared to other states in the country. According to recent data, there are approximately 11 divorces for every 1,000 residents.

There is much for a divorcing couple to determine throughout the divorcing process. One of the biggest matters is who ends up with the house. In Georgia, a judge divides assets equitably, which is different from assets being divided equally. A judge considers many factors, including whose name is on the deed. There are several different ways a court may decide who receives the house after a divorce.

Pursuing grandparent visitation in Georgia

As a grandparent, your grandchildren are probably some of the most important and valuable people in your life, and to maintain strong relationships with them, visits are generally necessary. Family situations can prove quite complicated, however, and sometimes parents or others deny grandparents visitation, or do not permit grandparents to visit with grandchildren as much as the grandparents might like.

What recourse might you have, if you cannot see your grandchildren? In Georgia, you do not automatically have visitation rights just by being a grandparent, but there are avenues you may be able to take. If you wish to obtain legal visitation rights to your grandchild, you may try and do so through one of two methods.

Alimony and dating while separated in Georgia

In Georgia, judges have a lot of leeway when it comes to deciding alimony (spousal support) amounts. Ten judges could look at the same case and come away with 10 different payment amounts. Each case would have a well-reasoned explanation behind the award.

That said, many judges follow general guidelines, and an attorney can help you prepare a case as to why you need a certain amount of support or, conversely, why you should not have to pay a certain amount to your soon-to-be-ex. One thing to keep in mind is that Georgia does allow adultery to bar alimony. Thus, it may be wise to refrain from dating at all until you are officially divorced.

Common signs that your spouse is hiding assets

If you are going through a divorce and splitting everything from your bank account to time with your children down the middle, it is important that you are aware of all the joint marital property and who has access to it.

On top of all the emotional stress associated with getting divorced, there are unfortunate times where one spouse will take advantage of another and cover up assets. It is fairly common for this to happen, so you should always be aware of the warning signs.

How divorce impacts financial aid

If you have recently gone through a divorce, you may still be feeling the emotional effects and trying to sort out your new life while helping your children adjust to the changes. Divorce has the capacity to affect many aspects of your life, including your ability to finance your child's college education.

Though ending a marriage can make it more difficult to, say, qualify for a home loan, it may actually have a favorable impact on your ability to secure financial aid for your child. This is especially true if you are your son's or daughter's primary custodial parent and you are seeking financial assistance by filling out the Free Application for Federal Student Aid.

How Georgia law divides property in a divorce

When it comes to divorce, couples face two major property division issues. The first is deciding which property belongs to the couple and therefore must get divided. The second is the actual division of the marital property.

Marital vs. separate property

Most couples have at least some property in common, in addition to separate property. While the basic principle is marital property means assets that the couple acquired during their marriage, this is by no means an ironclad rule. Notably, assets such as some judgments, gifts and inheritance likely belong solely to the spouse who acquired them, no matter when.

Will my real estate get divided if my spouse is not on the deed?

If you are getting divorced and your spouse is not on the real estate deed, you might be wondering if he or she has any legal right to the property. Because Georgia has marital property and equitable distribution laws, both spouses generally have some property ownership despite not being named on the deed. Learn more about Georgia divorce laws and what might happen to your real estate during the process.

Is divorce mediation a good option?

A common misconception about the divorce process is that it is all or nothing. Either you and your soon-to-be ex agree on every point and amiably submit your agreement, or you are caught up in a no-holds-barred courtroom battle. In Georgia, as in many other states, a third option is gaining popularity. Divorce mediation can be an effective, non-confrontational way to work out points of contention and arrive at an optimal resolution.

Tips for emotionally surviving a divorce

Many couples deal with divorce. According to research conducted by Bowling Green State University, divorce rates are falling, but they still hover between 40 and 50 percent on average. This translates to over 800,000 every year, but the commonness often does not lessen the emotional impact a divorce has on an individual. It is often devastating to recover and rebuild your life after the end of your marriage, but there are several steps you can take to lighten the struggle. These four tips are a great place to start.

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