By: Family Lawyers of Atlanta January 5, 2020

Divorce FAQ

How Long Will It Take?

Divorce cases can take anywhere from several months to several years. It all depends on your circumstances. In general, the more highly contested the case is, the longer it will take. Yet even uncontested cases in Georgia require at least a 31-day waiting period before becoming final.

Will I Lose My Home?

A big issue in many divorce cases is deciding who will get to remain in the marital home. The answer depends on many factors, including your financial means, your spouse’s financial means and the children’s needs.

What If There’s A Prenup?

Prenuptial agreements often establish property rights in the event of divorce. If valid, a prenup can affect your rights regarding alimony, property division and the marital home. These agreements can sometimes be challenged in court.

How Are Assets And Debts Divided?

Georgia is an equitable distribution state. This means that all property acquired during marriage — such as bank accounts, real estate, vehicles, jewelry, other property and even debts — is considered marital property. Upon filing for divorce, an inventory is taken of all marital assets. Once everything has been accounted for, the couple — or the court if the couple is going through a contested divorce — will divide the property equitably in the divorce settlement.

Does Equitable Distribution Mean A 50/50 Split?

Not always. Georgia judges take a number of things into consideration when finalizing divorce settlements; among those is the length of the marriage. It’s important to know that the assets that are subject to equitable distribution are those acquired from the time you get married to the time you actually divorce. Everything else may qualify as separate property, though, in some cases, even this fact can be disputed and result in a contested divorce.

What Happens To Retirement And Investment Accounts?

Investment portfolios, stocks, stock options and retirement accounts are common assets held by high-income individuals that can complicate a high-asset divorce. That’s because while these assets are considered marital property, most of these assets are time dependant, meaning the division of these assets often depends on several variables, including when the account was started, when the majority of contributions or growth occurred, and when the accounts are eligible to be cashed out.

Vesting schedules can also complicate matters because, like in the case of restricted stock options, vestment and payout varies depending on the worker. Companies typically establish set benchmarks or requirements a worker has to reach before their stock units will become vested. If they fail to meet these requirements, their stock units may not have any value when it comes time to divide marital assets.

Will My 401(k) Be Penalized When It’s Divided In Divorce?

No. When it comes time to divide your 401(k), it will be placed in a qualified domestic relations order (QDRO) that is then handled by the bank. Since no money from your 401(k) is in your possession, you will not be penalized for what you may see as early withdrawal.

I’m Worried About Hidden Assets; What Should I Do?

If you’re the lower-earning spouse in a high net worth marriage, you may have concerns that your spouse is hiding assets. As hidden assets can greatly impact your portion of a divorce settlement, it’s important to be able to identify key warning signs and speak to a skilled family law attorney as soon as possible.

Most family law attorneys work with forensic accountants in cases such as this to uncover hidden assets and make sure they are properly reported during property division proceedings. Our firm is no exception, and we have particular experience helping clients who own businesses uncover the assets they are entitled to in divorce.

How Will My Divorce Affect My Tax Filing?

If you’re a high net worth individual going through divorce, it’s important to know that your tax obligations could change after your divorce is finalized. There are a lot of things to consider, and no two divorces ever result in the same tax outcomes.

Some common effects on taxes include:

Tax filing status
Who claims child dependants as an exemption
Alimony and child support payments
The capital gains tax on appreciated property
Deductions, such as attorney and accountant fees
Tax penalties for dividing retirement accounts
Issues that may arise if an ex-spouse files jointly and you do not

What Are The Pros And Cons Of Alimony Requests?

Alimony, also called spousal support or spousal maintenance, was once a very beneficial part of divorce settlements, as they provided additional financial resources to lower-earning spouses following a divorce. Due to a major change in the tax code, however, spouses may not see the same benefits — or even drawbacks — they once did.

Any couple whose divorce finalizes after December 31, 2018, should know that because of the tax code change, spouses making alimony payments will no longer be able to file them as a deduction, and spouses receiving payments will no longer be required to claim it as income.

While alimony requests may have lost some of their power as bargaining chips in divorce settlements, they still may be necessary — if not crucial — for some divorcing spouses. A family lawyer like Family Lawyers of Atlanta can help you ensure that this doesn’t become a sticking point in your divorce.

Do I Need An Attorney?

Divorce is a complicated, multi-step process. Even if you think your case is uncontested, disputes can still arise down the road. It’s far better to protect your rights now than face regrets later.

At Family Lawyers of Atlanta, we make it easy to meet with a lawyer. There’s no obligation, and you’ll come away with a better understanding of your rights and options. To get started, call 404-418-7777 to schedule a free consultation or send us an email. We have appointments available at our main office in Roswell as well as four other locations in Georgia: Atlanta, Marietta, Snellville and Duluth.

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Child Custody Faq

Few legal proceedings impact your relationship with your children as much as child custody. During this pivotal stage in your life — and theirs — it’s normal to have questions. Below are answers to some common questions about child custody.

Will I Lose My Kids?

Georgia law recognizes that children generally benefit from having both parents involved in their lives. Except in special circumstances, child custody is not an all-or-nothing ordeal. However, much depends on your past involvement in their lives. Were you the primary caretaker? Have you shown that you’re capable of providing for their needs on a daily basis? These are just a few of the many considerations that go into a child custody determination.

Want more information? Learn more about steps in the custody process and how to prepare.

How Is Child Custody Decided?

In Georgia — as in all states — custody determinations are based on the best interests of your children. This standard can be complicated to apply. The judge or custody evaluator will look at many factors to make this determination, including:

Whether one parent has been the primary caretaker
How both parents have been involved in the children’s upbringing
Your work schedules
The ages of your children
Their school and extracurricular activities
Connections with family and community support networks
Any history of substance abuse, hostile parenting or abuse (physical or emotional)
Your children’s preferences (if they’re old enough)

There are two types of child custody: physical custody and legal custody. Physical child custody determines how much of the time the child spends with each parent. This can range from one parent receiving sole physical custody, usually with visitation time for the other parent, to a 50/50 split between the parents’ homes.

Legal child custody refers to the right to make important parental decisions, such as where your child will go to school, who their doctor will be and what religion they will be brought up in. Parents usually share legal custody, even if one parent has sole physical custody. However, the court will strip a parent of legal custody rights if they are abusive or otherwise unfit.

Can I Request More Visitation To Reduce My Child Support Obligations?

While child custody and visitation arrangements are a factor in determining your child support obligation, they aren’t the only consideration. A judge ultimately has discretion in deciding whether to reduce child support based on increased visitation time.

Can I Change My Child Custody Or Child Support Obligation?

Yes. This can be done by requesting modification through the courts. It’s important to know that this can only be done if there is a significant change in circumstances such as a parental relocation, loss of income or a need for additional child support.

Get Answers About Your Situation

Before moving forward, you should always take the time to speak with a lawyer about the details of your situation. At Family Lawyers of Atlanta in Roswell, Georgia, we make it easy to get in touch. Call 404-418-7777 to request your free consultation using our online contact form. Our attorney is highly knowledgeable in all aspects of family law, including child custody.

Appointments are available at our main office in Roswell or any of our conveniently location offices in Atlanta, Marietta, Snellville and Duluth. If you are unavailable to meet during business hours, we offer evening and weekend appointments upon request.

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