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Carrollton Family Law Blog

Some common divorce mistakes to avoid

People in Georgia probably know intuitively that divorce is a stressful time for all involved. Since people are not always thinking straight during this difficult time, it is fairly common for them to make important financial mistakes during a divorce that can also, in some cases, have legal implications as well.

For example, the first thing someone might think to do after a split is go and buy a bunch of new stuff or take a splurge on a vacation or some other fun activity they have been wanting to do. While this may be understandable, it is important to remember that it will not improve one's financial situation.

Now is the time for domestic violence victims to take a stand

As some people in Carrolton and on the west side of the Atlanta area may know, October is Domestic Violence Awareness Month and has been for over three decades. According to the National Council Against Domestic Violence, this month is a great time for women, and men for that matter, who are victims of domestic abuse, as well as their loved ones, to Take A Stand against this destructive behavior.

One of the ways a person can take a stand against domestic violence, if they are in an abusive situation themselves, is to get out of the relationship and so in such a way that the violence is unlikely to recur. This is not always easy. Not only are there a lot of emotions involved, leaving an abusive relationship can also mean losing a lot financially and legally.

Can mediation work for you in your divorce?

One thing about divorce, it can be an emotional and stressful process. One way you can side-step some of the weight of pain you feel during a divorce is going through mediation. Mediation is a process where a third-party will come in and facilitate the discussions to reach a mutual separation agreement. Mediation is valuable in coming up with solutions such as spousal support and child custody. Using mediation is an alternative to going through divorce court. Once both parties have come to an agreement on terms, it can make the final steps of the divorce much easier.

Using a mediator means you will have a person assisting in your divorce who is an objective party. It is a forum where you work to clear up any pending issues and work out any lingering disagreements. A mediator is there to give opinions and offer suggestions in hopes of finding a solution. The mediator is not there to force any type of agreement for the parties.

Overview of how property division works in Georgia

Like most of the other states, Georgia is what is called an equitable division state when it comes to splitting property, and debts, between spouses who are divorcing or going through a formal separation process.

What this means is that, unless the couple agrees to a fair property division, a Georgia judge is going to first determine what assets, and debts, are part of the marital estate. Generally speaking, if a couple has been married any length of time, most of their property is going to be considered part of the marital estate.

Watch out for these 3 social media mistakes

If your divorce is going to be unfriendly, you may suspect a contested custody case on the horizon. Because content from your social media accounts are admissible as evidence in court, it is important that you are careful about what you share on the web.

Here are three ways your social media accounts could be used against you in court.

Insisting on following a parenting plan is not just being picky

Once a parenting plan is put in to place by the Georgia courts, both parents have the right to expect that the other parent will follow it in detail. They also of course have an obligation to follow the terms of the plan themselves.

Still, a parent in the area of Carrollton might not want to insist on every detail in the plan. For instance, plans often include language that says the other parent cannot make negative or critical remarks about the other parent, but a parent for the sake of peace may be willing to let this go. They may even not insist upon the visitation time in the child custody and visitation order.

Many factors influence the length of a no-fault divorce

Most divorces here in Georgia are no-fault. Such divorces are based on the general ground of a marriage being “irretrievably broken,” and no fault needs to be proven for the divorce to go through. How long does a no-fault divorce take?

Well, the bare minimum here in Georgia is about a month after filing. This is because Georgia law limits how quickly a court can finalize a no-fault divorce. Specifically, courts are generally required to wait no less than 30 days after the divorce filing is served to the other spouse to make a divorce final.

How does Georgia court determine custody?

You and your spouse decide to divorce, but you share custody of your children. After analysis, a court may decide whether to award you joint custody based on the best interests of your child. Judges look at many elements when determining custody arrangements, but they are required to keep the physical safety of your children at the top of their priority list.

Understanding the process of obtaining custody of your children may help you better prepare for court proceedings, and discussing your circumstances with an experienced family law attorney provides the support you need during your separation.

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Carrollton, Georgia 30117

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Villa Rica, GA 30180

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