The Law Offices of Abbott & Abbott, P.C.
Free consultation

Marietta: 678-905-8781 Canton: 678-792-4908

Main Navigation
Practice Areas

Cherokee County Divorce Law Blog

Don't overlook finances during divorce

Georgia residents know that divorce is almost always a difficult and emotional time. Many important issues must be dealt with, including new living arrangements, custody agreements if there are children involved and feelings of uncertainty about the future. With all the turmoil, it can be easy to overlook something like finances. However, careful financial planning is an essential part of building a new life after divorce.

Many financial arrangements can be handled through a divorce settlement agreement. While some couples are able to amicably divide their marital property on their own, many spouses find it helpful to consult with an attorney when dividing assets. After receiving an overview of the financial picture, including all assets and debts, an attorney could help negotiate alimony and child support payments that are best under the circumstances. Legal counsel could also make recommendations on how to divide real estate and investments.

Child before marriage doesn't lead to divorce

Unmarried couples in Georgia who are thinking about having a baby may find it comforting to know that they are at no more risk of divorce than those who marry before having a baby, according to a new study. The research was conducted by the nonprofit Council on Contemporary Families.

The authors of the study examined data compiled by the Centers for Disease Control and Prevention to compare the divorce rates of those women who had their first baby between 1985 and 1995 with those who had their first child between 1997 and 2010. They discovered that couples who had a baby before getting married during the earlier time period were 60 percent more likely to see their marriage end up in a divorce than couples who got married first. However, couples who had a child during the later period had an equal chance of divorcing, regardless of in which order the events occurred. Researchers also found that the percentage of couples who had a child before getting married increased from 17 percent to 35 percent between 1985 and 2010.

Man sells property during divorce proceedings, keeps money

In Georgia and other states, divorcing spouses are generally expected to refrain from selling property or other assets until the divorce proceedings are over. However, a divorcing husband sold a Brooklyn property, and on Sept. 10, he urged the New York Court of Appeals to not hold him in contempt of court for refusing to say where he put the money.

The man's wife filed for divorce in 2008, and the property that he sold in 2009 for a $776,000 profit was part of the marital estate. He was ordered to deposit the proceeds into an escrow account in 2010, but he did not comply and says that he no longer has the money. His attorney says that the property was transferred when there was no order prohibiting him from doing so, and the order was not issued until he no longer had the money, the attorney added.

Types of adoption

Individuals and couples in Georgia sometimes have concerns about adoption. This may be because a single person or a couple is interested in starting or adding to their family by adopting an infant, child or teen. In some cases, adults wish to adopt their stepchildren or children of relatives. In rare cases, adults may wish to adopt another adults.

Most people are familiar with adoption by couples who are either unable to have children or who prefer to build a family this way. Parents seeking to adopt a child sometimes work with a public or private child welfare agency that can then match a child with a family. In other cases, adults who are seeking to adopt try to find a child or expectant mother on their own.

Finances and prenuptial agreements in Georgia

Whether a couple is older and have been in previous marriages or a couple is younger and just getting out of college with debt, a prenuptial agreement can be an important part of planning for a future. A prenuptial agreement allows a couple to lay out how to handle financial issues in their marriage, as well as how assets should be divided if the marriage ends.

Prenuptial agreements can act as a financial plan that outlines how a couple will handle their debts and assets. This may or may not mean assigning a person to be responsible for certain payments or debts, but it should create a list of priorities. If there are children from a previous marriage, a prenuptial agreement can allow a couple to determine how much of their assets will go to caring for these children.

Statistics of women seeking divorce versus break ups

Georgia couples may be interested in the results of a study presented to the American Sociological Association by researchers regarding how marriages and live-in relationships end. In opposite-sex relationships, the number of women who ask for divorce in comparison to the number of women who end a live-in relationship was substantially different.

The survey, called "How Couples Meet and Stay Together", garnered information from 2,262 adults. They responded to questions about their relationships between the years 2009 and 2015. It revealed that, in those couples who were in a live-in relationship but were not married, women and men initiated the breakup at equal rates. For those who were married, however, only 31 percent of men precipitated the divorce while 69 percent of the women did so.

Why couples can benefit from a divorce statement

Talking about a divorce isn't easy whether the conversation happens in front of millions of people or in front of friends and family members. While celebrity divorces may get more attention, there is one thing that Georgia couples whose marriages are ending can learn from them. The biggest takeaway is that it may be beneficial to issue a divorce statement prior to, during or after the event has been finalized.

Although making a divorce statement may seem awkward, it can help avoid many painful or embarrassing conversations. When someone asks about a former spouse or why the couple separated, an individual can reference the statement and the conversation is over. Depending on how a couple wishes to handle the statement, both parties may post the same message on social media. Regardless of what the message is, a simple statement helps an individual get in front of the issue and control how and when it is discussed.

Initial consultations with family law attorneys

When a Georgia family decides that it is time for a divorce, the first step is for each spouse to seek an attorney. If there is no conflict keeping an attorney from being able to represent the person, they may set up an initial consultation.

When going to the initial consultation with a family law attorney, a person preparing for a divorce should be prepared to discuss the case. This initial consultation usually requires the individual seeking divorce to do most of the talking. The attorney should be asking questions and taking notes. They will need background information including the ages of any children as well as employment and income information for both spouses, among other things. The person may wish to bring with them records of accounts and information about their separate and joint assets.

Gwen Stefani and Gavin Rossdale announce split

Georgia music fans may be interested to learn that musicians Gwen Stefani and Gavin Rossdale have filed for divorce. They have been married for 13 years. According to media reports, the rock stars each filed divorce papers separately in Los Angeles Superior Court on Aug. 3. Stefani listed irreconcilable differences as the reason for the split in her court filing. Stefani and Rossdale are reportedly seeking joint custody of their three children, who are ages 9, 6 and 1.

The two musicians issued a joint statement afterwards, saying that they were committed to raising their sons in a loving environment. Stefani is the frontwoman for the band No Doubt and also appears as a judge on the NBC singing competition show "The Voice." Rossdale, who is British, is the frontman for the band Bush. The pair married in 2002 and had their first son in 2006.

Differences between gay and straight marriages

The landmark U.S. Supreme Court decision in June 2015 held that gay people in Georgia and across the country will have the right to marry if they so choose. In spite of how recent the decision is, there are still many legal hurdles that have yet to be overcome and fully determined.

In some states, same-sex married couples were barred from seeking a divorce because their marriage was not recognized in the state of their residence. Now, with same-sex marriage being recognized across the country, this problem may be eliminated. However, same-sex spouses are still waiting to receive some or all of the federal privileges that opposite-sex spouses are provided. The Supreme Court decision requires states to provide the same rights to same-sex spouses as they afford to opposite-sex couples.

BJ Abbott named a Top Georgia Family Law Attorney

We have more than 25 years of experience and are prepared to guide you through the divorce process. Contact us today for a free consultation.

Rick Daniels
The first time I met B.J. Abbott, I felt a sense of relief. His demeanor, attentiveness, and genuine concern Read More

John Giovanelli
I've used them many times. I'm so glad they've always been on my side! If you want professionals Read More

Marietta Office

The Law Offices of
Abbott & Abbott, P.C.

253 Washington Avenue
Marietta, GA 30060
Marietta Law Office Map

  • phone678-290-7650
  • fax770-485-0872

Canton Office

181 East Main Street
Canton, GA 30114
Map & Directions

  • 770-956-1404