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Marital Settlement

To Settle or Not to Settle, That is the Question

There are but two options in finalizing a divorce: Negotiate and settle on the division of property and assets and on custody questions Litigate in court, typically before a judge but occasionally before a jury. Some individuals begin the process determined to settle, but if their former partner is unwilling to compromise, litigation becomes the…

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Can I Get My Spouse to Pay My Attorneys’ Fees in My Divorce?

Every divorce is different, and the divorce judge who is assigned to your case may or may not order your spouse to pay your attorneys’ fees in your divorce judgment. Whether you receive an award of attorneys’ fees in your case depends on the facts and circumstances surrounding your case. Attorneys’ fees may be ordered…

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What If There is a Mistake in My Marital Settlement Agreement?

Marital settlement agreements constitute the agreement of the parties as to all matters involved in their divorce, including child custody, parenting plans, and support, alimony, and division of property and debts. These agreements are enforceable under Georgia law, but in order to become legally valid and enforceable, they first must be approved by the divorce…

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What Can a Prenuptial Agreement Do for Me?

A prenuptial agreement can be a very effective means of protecting property and other assets in the event that a couple chooses to divorce in the future. While it may seem unromantic to talk about prenuptial agreements, more and more couples are turning to these agreements in an attempt to minimize the financial distress and…

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What Can a Prenuptial Agreement NOT Do for Me?

While entering into a prenuptial agreement can be a positive and beneficial step for many couples, it cannot address all of the issues that may be disputed at the time of a divorce. For instance, a prenuptial agreement generally cannot decide issues related to the parties’ children. Child support cannot be predetermined, as the factors…

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What Happens if a Marital Debt Isn’t Addressed in My Divorce?

Just like property or assets, Georgia law classifies debts as marital or separate. Marital debts are typically those that are incurred by either spouse during the marriage. A debt is considered to be a marital debt even if it is only in one spouse’s name, so long as it was incurred during the marriage. Separate…

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Marital Assets That You May Overlook in Your Divorce

Divorce proceedings are difficult, both financially and emotionally, and with all of the issues and questions swirling around in your head, night and day, it can be easy to forget about some of the property that you own that qualify as marital assets. When an individual is listing marital assets, he or she always remembers…

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Appreciation of Marital Assets in a Georgia Divorce

When individuals own significant assets, such as businesses, stock options, investment accounts, and the like, the issue of appreciation of these assets may arise when the parties decide to divorce. From a purely financial perspective, appreciation is the amount of increase in value that an asset or piece of property accrues over time. Appreciation may…

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What is the Difference Between a Prenuptial and Postnuptial Agreement?

Both prenuptial and postnuptial agreements govern the distribution of a couple’s property if the marriage ultimately ends in divorce. An engaged couple enters into a prenuptial agreement prior to their marriage. In most cases, the couple’s intent in entering into a prenuptial agreement is to protect their separate assets or items of property that each…

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