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Divorce: What Happens to the Marital Residence?

Divorce: What Happens to the Marital Residence?

Determining what should happen to the marital residence during or after a divorce is a difficult task. It is not always clear if the parties should sell the marital residence or if one of the parties should retain the home.  For example, if a home was inherited by one of the parties or purchased before the marriage and has not been jointly titled, the court will usually agree that the home is “Separate Property” and does not...

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Fifteen DO’s and DO NOTs of Financial Planning in Divorce

Fifteen DO’s and DO NOTs of Financial Planning in Divorce

1. DO NOT become a victim. The biggest mistake you can make is remaining in the dark about your finances. If your spouse has been handling all of the money up until now, it is time to become involved. The last thing you want is to be put at a disadvantage because of something you don’t know. Make copies of financial records and gather all of the data you need to give your attorney, including account statements and documents that relate to...

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Child Custody Basics

Child Custody Basics

The Difference Between Legal and Physical Custody   A child custody order transfers responsibility of care for a child(ren) to parents or someone else that can raise the child(ren) following a divorce or other event such as the death of a single parent.  However, the most common situations involving a court order establishing child custody are: divorce of the child(ren)’s parents the legitimization of a child(ren)’s father the...

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What is the Domestic Relations Financial Affidavit?

What is the Domestic Relations Financial Affidavit?

A common question we get in divorce and other types of domestic relations cases is what is the Domestic Relations Financial Affidavit (also know as a DRFA). If you are filing for divorce, then your attorney will usually ask you to complete a DRFA early on in your case. Under Georgia law, the Domestic Relations Financial Affidavit is required for the case to proceed in court. Filling out a DRFA can be quite time consuming, but it really...

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Child Custody Modification

In child custody cases, the “Best Interest of the Child” is the underlying standard that the court uses to make its final decisions. See O.C.G.A. 19-9-3. Child custody is generally modified when parents’ needs change over time. Either parent may request the judge to modify child custody if it will be in the child’s “Best Interest” and circumstances have altered to justify child custody modification. This blog will provide an insight as to...

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