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What is a Domestic Relations Financial Affidavit?

Rule 24.2 of the Uniform Rules of the Superior Courts of the State of Georgia sets forth the specific form that each person who is involved in any type of domestic relations case must complete and serve upon the other party at least five days before any hearing is held by the court. This Domestic…

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Who Gets Custody of the Pets During a Divorce?

Although Georgia divorce law typically treats pets like personal property, you may view your pet as more of a family member or beloved companion rather than a piece of furniture. Over half of households own one or more pets, and children, as well as adults, often form strong attachments to their pets. When a divorce…

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Military Pensions and Divorce

The division of one spouse’s military pension in a divorce is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408. In all states, including the state of Georgia, military pensions are subject to division in a divorce. Although a few states place restrictions on this division, the state of Georgia…

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Division of Professional Practices in Divorce

When one spouse owns a professional practice, such as a law firm, dental office, accounting firm, or medical practice, dividing it up for the purposes of a divorce can be difficult, at best. The most complex part of dividing a professional practice, and the issue about which the parties argue most frequently, is placing a…

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Inheritance and Divorces

Georgia divorce law provides, in general, that all property acquired during the marriage as the result of the efforts of the parties is marital property that is subject to equitable division between the parties. However, certain types of property, including an inheritance that was specifically received just by one spouse, normally qualify as non-marital property.…

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Discovery and Divorce

Both spouses in a Georgia divorce must disclose all of their financial information to each other, usually in the form of a financial affidavit that each must complete. In a divorce, there is basically no property or debt issue that is off-limits. All accounts, items of property, debts, and other assets must be fully disclosed…

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Dividing Stock Options and Executive Compensation in a Divorce

All marital property is subject to division upon divorce, but some items of property are much more difficult to divide than others. For instance, it is fairly easy to divide a bank account or a vehicle, or even real estate. However, stock options and executive compensation are much more complex to both value and divide.…

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Can I Continue to Run My Business During My Divorce?

Particularly if you and your spouse operate a profitable and successful business, you should do everything possible to set aside your emotions and continue to run the business, even if your marital relationship deteriorates to the point of divorce. While it may be very difficult to do so, in the long run, having a profitable…

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Are Unvested Stock Options Marital Property?

The law in Georgia is clear that vested stock options earned during the marriage are marital property that is subject to equitable distribution (equitable distribution means they can be distributed to each party, but it is within the discretion of the court as what percentage each party will get).  The issue will be resolved on…

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