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  • Archive from category "Divorce"
January 26, 2021

Category: Divorce

How is debt divided during a divorce in Georgia?

Saturday, 15 February 2020 by Kara Lawrence

The way debt is handled during divorce typically depends on when it was obtained, along with each spouse’s financial standing and role in accruing the debt.

Debt is a burden that the majority of Americans struggle with today. National Public Radio recently reported that 80 percent of people in the U.S. carry some form of debt. Unfortunately, this means that many people getting divorced in Georgia will need to deal with the division of debt during their settlements. It is essential that these spouses understand how financial liabilities are treated and distributed during divorces in Georgia.

Which debt is considered marital?

The way that debt is handled during divorce depends largely on whether it is marital or separate debt. As materials from the State Bar of Georgia explain, most assets and debts obtained while two people are married qualify as marital property. Property acquired before marriage is considered separate property. During divorce, marital property and debts are subject to equitable distribution between spouses, while separate property and debts remain with the original owner.

Typically, debt incurred during marriage is considered marital regardless of whether one or both spouses accrued it. For example, if both spouses are co-signers on a credit card and one spouse accumulated debt on the card, both spouses will likely be considered liable. However, judges may not always divide credit card debt during divorce. If one spouse independently accrued debt and the debt is only in that spouse’s name, it might not be subject to distribution at the time of divorce.

How are marital liabilities distributed?

In Georgia, family law judges don’t follow set guidelines when dividing debt during divorce. Instead, they evaluate various factors to determine what kind of division would be equitable. These factors include:

  • The way that each spouse contributed to the accumulation of the debt.
  • Each spouse’s income, assets and overall ability to repay the debt.
  • Each person’s existing obligations or liabilities.

Under these guidelines, predicting how debt will be divided can be challenging. Sometimes, a judge may allocate more debt to the spouse who was responsible for accruing the debt. In other divorces, the spouse with greater financial means may be ordered to repay more of the marital debt. In the case of secured debts, such as auto loans or mortgages, a judge may assign responsibility to the spouse who keeps the property in question.

What else should spouses know?

A family law judge can assign certain debts exclusively to each spouse or require both spouses to make payments toward each marital debt. In either case, spouses should understand that a divorce decree doesn’t mitigate a person’s legal liability to his or her creditors. According to The Huffington Post, if a person’s name appears on a loan agreement that the ex-spouse is responsible for repaying, the person may still be held liable if the ex-spouse defaults.

To reduce the risk of this outcome, spouses should consider working with an attorney during the property division process. An attorney can help a spouse explore options for repaying debt before divorce or ensuring protection against unwanted financial complications after divorce.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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How Does Adultery Impact Alimony in Georgia?

Wednesday, 12 June 2019 by Kara Lawrence

When adultery is the cause of a divorce in Georgia, the spouse that was unfaithful is barred from receiving alimony. It’s not enough that one spouse cheated during the marriage – the infidelity has to be the reason for the divorce for it to result in a ban on alimony. If one spouse cheated, but the other spouse forgave him or her and they continued to live together, the unfaithful spouse won’t be barred from receiving alimony.

For adultery to bar alimony, the faithful spouse also has to file for divorce on the grounds of adultery, not just “irreconcilable differences” (which means the couple can’t get along anymore), and the divorce has to be granted on the grounds of adultery.

What Else Does Adultery Impact?

Adultery generally doesn’t affect custody in a Georgia divorce, unless the children were exposed to inappropriate things as a result of the affair. Adultery never affects child support in Georgia.

Adultery can have an impact on how a divorcing couple’s assets are divided, especially if the unfaithful spouse spent lots of money on the affair, for example, by buying gifts and paying for trips and hotel rooms.

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Could I Lose the House I Had Before We Married?!

Thursday, 30 May 2019 by Kara Lawrence

For example, if a wife brought $20,000 worth of separate assets into the marriage and during the course of the marriage she added those funds to the couple’s joint bank account or used those assets to support an investment held jointly by the couple, that separate property is now commingled. Once separate property has been commingled with marital property, it is not likely that a judge will distinguish this property from the other marital property upon divorce. However, in certain situations, there may be a way for one spouse to claim commingled as separate funds upon divorce.

The main way one spouse may claim commingled funds as separate upon divorce is a process called “tracing.” This process involves following or tracking the separate funds by referring to detailed records like deposit and withdrawal slips, bank statements, and other account information, to show how much of the money is truly marital and how much money is actually separate property. This process is highly complex and most likely will require the assistance of an accountant or other financial expert to trace the funds and testify at trial if necessary.

Because Georgia is an equitable division state, when one spouse’s separate property is mixed with the property or the other spouse or the couple’s marital property, that separate property becomes relatively indistinguishable. Even if tracing is conducted, there is no guarantee that a court will ultimately make an award that reflects the tracing analysis or award the spouse who commingled his or her separate property the full value if the separate property. In order to ensure that your separate property indeed remains separate in the event of divorce, the best practice would be to maintain a separate account for any separate funds or keep any separate real or personal property titled exclusively in your name. Additionally, consider speaking with your future spouse about entering into a premarital agreement. Or, if you are already married, consider entering into a post-nuptial agreement.

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How can Separate Property become Marital?

Monday, 27 May 2019 by Kara Lawrence

Georgia law regarding separate property is extremely complex and somewhat unsettled.  Just proving that an asset was the separate property of one party does not necessarily preclude it from later becoming marital property.  Under certain circumstances, a property that once was separate in nature can become marital by the actions of the parties.  For example, merely adding the other spouses name to a deed may cause a piece of real estate to lose its status as separate property and make it marital.  Similarly, comingling separate property and marital property may have a similar effect.

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The advantages to negotiating a GA divorce settlement through mediation

Friday, 24 May 2019 by Kara Lawrence

Mediation is an alternative form of divorce that is growing in popularity because of its many advantages over traditional court divorce.

Although most marriage vows include the phrase, ‘until death do us part,’ less than 50 percent of marriages in the U.S. will actually last that long, according to the Centers for Disease Control and Prevention. Getting a divorce in Georgia or in any other state in the nation has become more commonplace than ever before. As a result of this surge in separations, mediation and other alternative forms of divorce have grown in popularity. While traditional court room litigation continues to meet the needs of some couples who are going through a divorce, mediation negotiations may work best for others.

How does mediation work?

Mediation sessions offer divorcing couples a way to civilly discuss the issues surrounding their separation, including property division, child custody, visitation and child support. The process allows couples to ultimately create their own divorce settlement, according to the Huffington Post. The sessions take place out of court and under the guidance of a third-party mediator. While the mediator is available to guide the couple through the process and answer any general questions that may come up, they are not able to give personalized legal advice regarding crucial divorce decisions.

What are the advantages of mediation?

The American Bar Association states that there are several advantages to choosing mediation over a traditional court divorce. They include:

  • The ability to customize a settlement. Since couples are able to personalize their settlement, they are able to make their own arrangements, free from the discretion of an appointed judge.
  • More affordable as the process is generally quicker and there are no courts costs.
  • Quicker to create a settlement. Many couples can file a settlement after just one or two mediation sessions.
  • Sessions take place in a relaxed and non-confrontational atmosphere. This often results in less stress and anxiety during the divorce process.
  • Couples are more likely to follow the terms of the divorce decree when they have had a personal hand in creating the settlement.

Couples often leave the marriage on better terms after going through the mediation process, while traditional court divorces may leave couples feeling bitter toward one another.

Is mediation for everyone?

Although mediation can be extremely helpful in some divorce situations, it is not for every couple. Mediation is a required precursor to a Georgia divorce; however, people who do not wish to cooperate with the creation of a divorce settlement or who are especially emotional throughout the divorce process, may be unable to settle through mediation. In order for mediation to work properly, both parties must agree to disclose all information regarding the divorce and help to make the best choices for everyone involved.

How an attorney can help

Whether you are considering mediation or any other form of separation, an established attorney in Georgia is an essential component of any divorce. A lawyer can offer personalized representation to ensure you get everything that you are entitled to during the divorce process. Rather than attempt to make these crucial decisions on your own, it may be best to partner with a knowledgeable attorney.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Ownership of Engagement Ring Upon Divorce or Broken Engagement

Tuesday, 21 May 2019 by Kara Lawrence

Engagement and marriage are very joyous times, and although no one ever anticipates the premature end of their marriage or engagement, the reality is that not all marriages or engagements continue happily ever after. One common question that individuals have regarding family law is what happens to the engagement rings if the marriage or the engagement does go awry. Who gets to keep the ring: the man who likely purchased it, or the woman who it was given to? Many courts throughout the nation have considered this very question, and those courts have reached varying decisions. Despite the differences, one major theme is present, engagement rings are gifts. The only real question is whether the gift will be viewed as a completed gift or as a conditional gift by the court.

Completed Gifts

Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). In order for a gift to be deemed a legally complete gift, three elements must be present: 1) the donor must intend to give the ring as a gift, 2) the donor must deliver the ring to the donee, and 3) the done must accept the ring. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift to him or her.

Conditional Gifts

But the majority of courts also consider such a gift to be a conditional one. That means that, until some future event occurs, the gift is not final. If that event does not occur, the donor has the right to get the gift back.

Women who want to keep their engagement rings often argue that the condition needed to make the engagement ring a completed gift is simply the acceptance of the proposal of marriage, not the completion of the marriage ceremony. That way, if the engagement is broken, the ring remains her property.

But this argument often is not successful. The majority of courts find that the gift of an engagement ring contains an implied condition of marriage. Acceptance of the proposal is not the underlying “deal,” the marriage is. Absent some other understanding or circumstance, for example, if the ring was given as a memento of a shared memory or experience or if the ring was given to celebrate a holiday or special occasion, most courts look at engagement rings as conditional gifts given in contemplation of marriage. However, as mentioned earlier, some states have come down on the opposite side of this fence, rejecting the conditional gift theory and declaring that an engagement ring is an unconditional, completed gift and that’s that. Thus, it is important to seek the advice of a knowledgeable family law attorney in your state to determine what rights you have regarding an engagement ring, regardless of whether you are the donor or the donee.

After the Marriage

After the marriage has occurred, the question of who gets to keep the ring becomes much simpler. Upon marriage, the ring is considered the property of the recipient. Even if the ring could have been viewed by a court as conditional initially, the condition of marriage is now met. In most states, rings are also considered the separate property of the recipient, not marital property, because the gift was made prior to marriage. Only via an agreement, like a premarital or settlement agreement, may a donor obtain possession of the ring upon divorce.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

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Non-Economic Contributions to a Marriage

Saturday, 18 May 2019 by Kara Lawrence

Georgia law recognizes that a spouses non-economic contribution to a marriage might be reflected in an equitable division of property, regardless of the actual legal ownership.  In particular, separate property may be deemed (in whole or in part) marital property by the court upon divorce if the value of the property appreciated during the marriage and that appreciation was caused by the efforts of the other spouse. 

The key test seems to be one of active v passive appreciation.  If the value of certain assets has appreciated, at least in part, by the contributions of either spouse there may be a claim of active appreciation.  One of the biggest questions in this regard is in regards to the active appreciation for a business owner.  If that company grows and succeeds because of the ideas, leadership and business acumen of the owner, that increase in value is due to active appreciation.

Passive appreciation, on the other hand, is the increase in the value of certain assets due to outside market forces such as supply and demand and inflation. For example, let’s say Person A bought a home 20 years ago. Upon purchase the house was worth $10,000. Over the last 20 years, Person A made no improvements to the home, but the area around that house was successfully developed over the past 20 years. Today, due to no efforts on the part of Person A, the parcel is now worth $100,000. This is passive appreciation.

Call us at 678.324-8511;

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Terminating Parental Rights, Legitimation, and Adoption

Wednesday, 15 May 2019 by Kara Lawrence

In Georgia, the Superior court does not have the authority to terminate a legal father’s parental rights and grant a biological father’s petition to legitimate a child as part of a divorce matter.  Only the Juvenile Court has jurisdiction to terminate parental rights.  The Superior Court has jurisdiction to terminate parental rights only as part of an adoption. 

 A DNA test confirmed that a man, not her husband, was the biological father of a married woman’s child!  Trust us, it happens more than you would think!  During the married couple’s divorce, the child’s father sought to intervene as a party to their divorce and petitioned to legitimate the child as his own.  The Superior Court terminated the husband’s rights as the legal father and granted the child’s father’s petition to legitimate the child, giving him primary physical custody of the child. 

In Georgia, the Superior Court has jurisdiction over legitimation matters concerning children who have been born out of wedlock.  The Juvenile Court has exclusive jurisdiction for all matters concerning termination of parental rights.   The one exception is in cases concerning adoption.  

The child in the case was born “in wedlock” and so was automatically the legal or “legitimate” child of the husband.  Opening the husband up to be on the hook for child support.  When the Superior Court granted the child’s biological father’s petition to legitimate the child it had to terminate the parental rights of the husband, making the child “illegitimate” for the purpose of granting the child’s biological father’s petition to legitimate.  

The problem is that while the Superior Court has jurisdiction over matters concerning legitimation, it only has the authority to terminate parental rights as part of an adoption.  Since this case involved a divorce and legitimation, and was not an adoption, the Superior Court did not have jurisdiction to terminate the parental rights of the husband.  Many make the mistake of the proper steps to take to solve their unique case, often resulting in denied petitions and considerable resources, wasted.  To discuss the particulars of your case, contact us.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

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Divorce and Child Custody — Timing is Essential

Sunday, 12 May 2019 by Kara Lawrence

If you have a divorce, custody case, modification, contempt or any other kind of family law case, you should be aware of the importance of time.  The time it takes your lawyer to file for you; the time you have to wait for a hearing and the time it takes to move your case along to a final resolution.

Why worry about time when you have so many other issues of concern?  Because time is money.  Every day your case is pending increases the likelihood you will be billed more in attorney’s fees.  So the longer your case lasts, the more you pay in attorney’s fees.  The faster your case is wrapped up, the less you pay in fees.  It’s real simple.

And don’t discount the peace of mind that comes with finishing up a case sooner rather than later.  Not only will you save money by moving your case along faster but you may save your sanity as well.  And that’s priceless.  

If you have a case that isn’t moving, stay on top of your lawyer.  Ask questions.  Demand answers.  And insist that the case progress to a final conclusion.

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Georgia Attorney Addresses Forgery

Tuesday, 28 August 2018 by Kara Lawrence

Forging Your Spouse’s Signature on Divorce Documents is NOT a wise idea…In Fact, It May Land You In Jail

Under Georgia law, forgery is classified as either first, second, third, or fourth degree forgery. Third and fourth degree forgery deal with checks, while first and second degree forgery deal with other documents. First-degree forgery is the most serious offense.

Intent to defraud

In order to be convicted of any kind of forgery in Georgia, the accused must act with the intent to defraud. People have the intent to defraud when they intend to deceive, trick, or injure others, or better their own position through forgery. For example, a person who makes fake admission badges to a major golf tournament intending to sell the badges as authentic to unsuspecting fans has the intent to defraud. A person who makes a fake badge as a gag joke for a friend who loves golf intends to entertain, not defraud, and has not committed a crime.

First and second degree forgery

A person commits the crime of second degree forgery by making, altering, or possessing any forged writing (other than a check). “A writing” is broadly defined under Georgia’s forgery law and includes both written and printed documents and “money, coins, tokens, stamps, seals, credit cards, badges, trademarks,” and other symbols of value or identification, such as signatures and UPC labels. A forged writing is one that that purports to have been made:

  • by another person (real or fictitious)
  • at another time
  • with different provisions, or
  • with the permission of a person who did not give permission.

A person commits the crime of first degree forgery by committing second degree forgery and also “uttering or delivering” (offering or using) the writing. For example, a person who prints counterfeit currency and uses it to buy goods at a store could be convicted of first degree forgery. In contrast, a person who merely helps print counterfeit money, but never tries to use it may only be convicted of second degree forgery.

Third and fourth degree forgery (check forgery)

Third degree forgery is committed by making, altering, possessing, or uttering (trying to pass off as legitimate) a forged check in the amount of $1,5000 or more; or by possessing ten or more blank forged checks. A person commits fourth degree forgery by making, altering, possessing, or uttering a forged check for less than $1,5000 or by possessing fewer than ten blank forged checks.

(Ga. Code Ann. § 16-9-1.)

Punishment

Forgery in the first degree is punishable by one to 15 years’ imprisonment. Second and third degree forgery are punishable by one to five years in prison. Fourth degree forgery is a misdemeanor, but a person who is convicted of fourth degree forgery for the third (or subsequent) time must be sentenced to one to five years in prison. (Ga. Code Ann. § 16-9-2.) Misdemeanors are punishable by a fine of up to $1,000, up to 12 months in county jail, both a fine and time in county jail, or up to 12 months in a state diversion center. For more information on sentencing, see Georgia Misdemeanor Crimes by Class and Sentences and Georgia Felony Crimes by Class and Sentences.

Obtaining Legal Assistance

A criminal conviction in Georgia can result in time in prison, jail, or a state diversion center, a fine, and a serious criminal record, which can prevent you from holding certain jobs. Many criminal convictions, especially for fraud crimes like forgery, also have to be reported to licensing boards, and may make it difficult to pass a background check or obtain a job. Your best chance of obtaining a favorable sentence in court is to talk to an experienced criminal defense attorney about the charges. An attorney can explain the law, answer your questions, tell you how your case is likely to fare, and help you successfully navigate the criminal justice system.  If you are seeking a divorce and unable to get your spouse to sign the appropriate paperwork, for whatever reason, there are legal methods to end your marriage.

 

To discuss the particulars of your divorce or criminal charges, please call 678.324.8511 or send us an e-mail at info@LawrenceLegal.Law!

 

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