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Cherokee County Divorce Law Blog

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.

Common questions about children and divorce

If you and your spouse have decided it's best for the two of you to go your separate ways, there are many boxes to check and emotions to be processed. At the heart of the situation, your children may be confused, angry and depressed about the changes. As a parent, you can calm their anxiety by having a solid plan in place and answers to common questions before presenting your offspring with the divorce. Statistics show that less than half of children under the age of 18 live in a traditional family, highlighting the fact that the issue must be addressed and dealt with to protect millions of lives.

Modifying a child custody agreement

During the course of your divorce proceedings, you may have felt inundated by issues that needed to be resolved in short order: child custody and support, housing considerations, asset division and career matters. At the time, you thought that the custody agreement was specific enough in how it addressed future conflicts. Now you realize that there are aspects of your new life that the custody agreement does not cover. You realize that your decision to request a modification of custody is not one to be taken lightly. The process is complex and may cause conflict with your former spouse, but you feel that the change will be beneficial.

While family court allows parents to modify visitation guidelines without requiring evidence that a change in circumstances warrants an alteration, the same standard does not apply for modifying custody orders. Changing custody agreements will not be allowed unless a parent can prove a significant change in family circumstances has taken place. We have discussed court-approved reasons for requesting a custody change: deployment of a parent, the wishes of the child and relocation of a parent.

Are child support orders extended for children with disabilities?

All children deserve financial support from both parents, which is a presumption child support orders all over the country address. Although each state has the ability to create its own child support guidelines, many adhere to the same standards, including at what age a child support order will terminate.

At this age, called the age of majority, it is assumed that a child is ready and able to join the workforce and make their own income. Unfortunately for children with some disabilities, reaching the age of majority doesn't end their dependence on their parents for financial support, which begs the question:

Noncustodial parents: Help! My ex won't let me see my kids!

In Georgia, judges see joint custody as the better custody arrangement because it allows parents to continue to take an equal part in their children's lives despite the fact that they are no longer living together. But just because parents are supposed to share legal and physical custody equally doesn't always mean it happens.

In some circumstances, parents will knowingly ignore the terms of a custody arrangement out of spite for their ex-spouse. They may purposefully skip visitation days or only drop of one child and withhold the others during a scheduled time. In many cases, noncustodial parents are on the receiving end of this maliciousness, which oftentimes leads to the question: 

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