High-Asset Divorce Lawyers in Roswell, GA — Safeguarding the Financial Futures of Our Clients
No matter how simple you try to keep things, divorce is going to be a stressful endeavor. Combining issues of property division, alimony, child custody, and child support means that even amicable splits can be complex. However, things get far more complicated when there are significant assets involved. This is especially true since Georgia law recognizes equitable distribution when marriages end. If your relationship is ending and involves substantial money or properties, it’s important for you to speak with a high-asset divorce lawyer in Roswell, GA today.
At the Family Lawyers of Atlanta, our Georgia family law attorneys handle divorces of all types. As such, we know from experience just how complicated manners can get when significant assets are involved. Problems can even arise if there’s a marital contract (i.e., prenuptial or postnuptial agreements) in place. Fortunately, you don’t have to deal with these difficulties on your own. Our law firm can help you better understand your unique situation, and we’ll fight to ensure you receive all the marital assets you deserve. Contact us today to schedule your free consultation.
What Are the Common Concerns of High-Asset Divorces?
All divorce cases have common concerns. When significant financial assets are involved, though, these concerns are greatly amplified. In many cases, it’s a Georgia court that will make decisions on these matters. However, it’s possible to avoid such an outcome if you and your spouse can reach an amicable agreement. If this isn’t possible, having a Roswell high-asset divorce attorney on your side can be a great benefit. Regardless of the situation you find yourself in, however, the following matters will likely be significant concerns when a marriage with substantial assets comes to an end:
- Asset division: In a divorce case involving high assets, the division of property can be a complex process. This will often include division of investments, real estate, business interests, personal injury settlements, retirement accounts, and other complicated assets.
- Spousal support: In some high-asset divorce cases, one spouse may be entitled to alimony (i.e., spousal support). This can be a major issue, particularly if one spouse has been financially dependent on their former partner for a long period of time.
- Child custody and support: When children are involved, support and custody issues can be a major concern. High incomes, asset ownership, and each parent’s financial situation can have significant effects on custody arrangements, child support calculations, and ensuring a child’s financial needs are met.
- Asset valuation: In any divorce, the valuation of assets is important to ensure the fair division of property. This can be challenging in high-asset divorces. In addition to the complication of substantial asset division, determining a value for things such as investments and businesses can prove difficult.
- Privacy and publicity: High-asset divorce cases often attract media attention. If you’re in such a situation, this can be a concern for everyone involved. A high-asset divorce attorney in Roswell, GA, may be able to help you maintain privacy during the process.
- Legal fees: If a high-asset divorce becomes contentious, legal fees can quickly get out of hand. This is why it’s so important to contact a law firm as soon as possible. An experienced divorce attorney in Georgia may be able to help simplify issues and moderate productive negotiations.
Clearly, each of these issues can make an already difficult situation even more challenging. Perhaps you simply need help valuing stock options, or maybe you’re concerned your prenuptial agreement is egregiously unfair. It’s possible you could need assistance with tracking down hidden assets, or you might just want to ensure your children receive everything they deserve. Regardless of your individual circumstances, our legal team will give your case the personal attention that it deserves. Contact our high-asset divorce attorneys in Roswell, GA, today. We’re here to help.
How Are Businesses Divided During a Divorce?
Many people avoid the divorce process altogether because they don’t want to deal with the difficulties involved. This helps explain why nearly 60% of married people say that they’re unhappy. One of the biggest issues that make folks shy away from the divorce process is business ownership. These situations are far more complicated than typical family law cases, and with such a high-value asset, it’s a bit intimidating to think of how Georgia courts may divide something you’ve worked so hard on. Fortunately, a Roswell, GA, high-asset divorce lawyer may be able to simplify the issue.
There are several situations that may arise involving the asset division of business properties. If someone is in a situation where they started a company prior to marriage, there’s a good chance that it will be considered separate property. This means their soon-to-be-former spouse will have no claim over the money, properties, or other assets related to the business. If a company was started after your marriage, however, it will likely be seen as marital property. This means the courts will divide it just like any other asset. In many cases, parties will sell the business and split the profits — or one spouse could buy out the other’s claim.
At the Family Lawyers of Atlanta, we serve clients in all situations. This means we’ve also seen cases where businesses started prior to marriage have been subject to equitable division. This typically occurs when the value of a pre-existing business is increased during a marriage due to the contributions of the other spouse. Regardless of the situation you find yourself in, it’s important to remember that equitable distribution rules mean that various factors could come into play during property division. This is why you should speak with a high-asset divorce lawyer in Roswell, GA, before doing anything.
Is Spousal Support Required Under Georgia Law?
At the end of any marriage — regardless of the properties and marital assets involved — it’s possible that the courts will order alimony payments. Spousal support is allowed under Georgia law. However, it’s important to note that it’s not required. In many situations, the parties involved will make alimony decisions in their settlement agreement. If they’re unable to do so, the state court system will make these decisions for them. However, there are some important things for divorcing couples to know if they’re in a marriage involving high assets.
One important consideration is that spousal support is often based on one spouse’s need and the other spouse’s ability to pay. If there’s an obvious discrepancy between the incomes of two parties in a divorce case, it’s very likely that the courts will order the higher-earning individual to pay alimony. That’s because the law creates an expectation that a couple’s current standard of living should remain relatively unchanged even after they’re separated. When one person doesn’t earn as much as their former spouse, this typically results in spousal support.
However, there are caveats to this rule. First, signing prenuptial or postnuptial agreements can dictate alimony decisions before divorce is even mentioned. This means that major disputes can be avoided even after a long-term marriage ends. It’s also important to note, though, that these agreements can be contested in court. This is why you should have a lawyer review your contract’s validity. Finally, issues of abandonment and adultery can result in an ex-spouse forfeiting their right to alimony. With such complex issues involved, it’s ideal to have a high-asset divorce attorney in Roswell, GA, on your side.
What if You Have a Prenuptial Agreement in Place?
As mentioned above, a marital contract can greatly simplify the divorce process when high-value assets are involved. These agreements can specify how issues such as alimony, living arrangements, property division, and a variety of other matters will be handled. However, one party can always dispute the validity of a prenup or postnup in court. This is not uncommon in high-asset divorces — particularly those where significant assets were accrued after marriage. However, these agreements will usually hold up in court as long as they meet the following requirements:
- The agreement must be in writing and signed by each party
- The parties involved must enter this agreement voluntarily and free of coercion or duress
- Both partners must make full disclosure of their financial situation — including assets and liabilities
- No wrongful act — including fraud or misrepresentation — can take place
- The terms of the contract must be fair and reasonable for both parties
- Public policy cannot be violated
- Signatures must occur in the presence of a notary public and witness
Failing to meet any of these requirements can completely void prenuptial or postnuptial agreements. Additionally, provisions involving child support or custody issues will be unenforceable. The inclusion of these terms will not void the entire contract, so provisions involving other matters in a high-asset or high-income divorce can remain valid. Whether you’re hoping to craft a proper marital contract or have concerns about the validity of an existing agreement, an attorney experienced in family law matters can assist. Contact our high-asset divorce lawyers in Roswell, GA, today for assistance.
Why Do You Need a Family Law Professional On Your Side?
When you’re going through a high-asset divorce, you need an attorney who has your best interests in mind. In Roswell and the major Atlanta area, there’s no shortage of lawyers who promise to offer such dedication. Even if all these legal professionals are truly ready to devote themselves to your case, though, it’s advisable for you to work with an experienced family law attorney. Divorce and family law issues go hand-in-hand. For instance, those trying to work out a child support arrangement in a high-asset divorce also frequently need assistance creating a co-parenting plan.
Similarly, the division of family-owned businesses will often need to account for children and what they’re supposed to inherit. What about situations where someone adopts a child that is not theirs? What if they were unaware the child wasn’t theirs? Clearly, there are a multitude of family law issues that can and will arise during a high-asset divorce. You need an attorney on your side with experience in these matters. The simple fact is that divorcing couples aren’t just dealing with financial concerns. There are often emotional issues involved that can quickly get out of hand without proper legal representation.
At the Family Lawyers of Atlanta, our Roswell high-asset divorce lawyers provide committed legal assistance and so much more. When unexpected issues arise — and they likely will — having an attorney with in-depth knowledge of family law can prove invaluable. Contact our law firm today to learn how we can help.
Contact Our High-Asset Divorce Lawyers in Roswell, GA Today
Divorce proceedings can be difficult even when there are no substantial assets involved. However, the hope of a simple separation often flies out the window when valuable investment accounts, expensive real estate, business ownership, and other high-value assets are involved. Distinguishing between separate and marital property can be a confusing process, and it’s often hard to understand what’s truly “equitable” in an equitable distribution state like Georgia. When you toss in the possibility of hidden assets and the potential need for financial experts, it’s clear why high-net-worth divorces so often require legal professionals.
At the Family Lawyers of Atlanta, we’re ready to assist you through this difficult process. The simple fact is that not every Georgia divorce attorney will have the skills and knowledge necessary to handle high-asset or high-income divorces. Fortunately, our legal team has extensive experience in this area. Don’t risk your financial future and stability by taking a do-it-yourself approach or hiring an inexperienced attorney. Contact us today by calling 404-418-7777 to schedule your free consultation. Our high-asset divorce lawyers in Roswell, GA, are ready to advocate on your behalf.