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Will I get to keep my house, car, and property after my divorce in Georgia?

By Buckhead Family Law |

Houses, cars, and other property, to the extent that they are marital, are all subject to division during the divorce process in Georgia. That’s why it’s important to speak to your lawyer to prioritize your needs to make sure you get a fair division of these assets as part of the divorce process.

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Why should divorcing couples consider mediation in Georgia?

By Buckhead Family Law |

Mediation is a great way to resolve the issues entailing a divorce. I always tell clients you would much rather decide how your divorce is going to be and the decisions you’re going to have to make moving forward yourself, rather than have a judge who doesn’t know you and may only hear your… Read More »

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What is an uncontested divorce?

By Buckhead Family Law |

An uncontested divorce is when the parties agree on everything and can come to an agreement without the need of court or a judge deciding those decisions for them. These typically can be a lot quicker and resolved a lot faster than if you need to go to a final hearing.

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What is a marital settlement agreement in a divorce in Georgia?

By Buckhead Family Law |

A settlement agreement in Georgia is a comprehensive document that reflects all of the financial terms reached between the parties. This could include how the assets are divided, the division of debts and other obligations between the parties. It ultimately becomes a part of the final judgment and decree of divorce, and both parties… Read More »

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What if my spouse cannot be found or evades service of the divorce papers?

By Buckhead Family Law |

Service of the divorce papers is necessary on your spouse in order to start the process. In the event they can’t be found or they repetitively evade service, service by publication wherein the divorce proceedings is published in the local newspaper for a period of some time is a way around service.

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What happens to retirement funds and 401(k) plans in a divorce?

By Buckhead Family Law |

Retirement plans and 401(k) plans that are earned during the marriage are marital assets and are subject to division. These can be divided tax-free with appropriate plan documentation. It’s important to discuss this with your attorney to make sure you have the appropriate language in your settlement agreement or court order to avoid any… Read More »

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What happens if we reconcile and want to cancel the divorce?

By Buckhead Family Law |

If at any time during the divorce proceedings, up to and including the date of a final judgment decree of divorce, if the parties decide they want to reconcile, the divorce petition can be dismissed, and it can always be refiled if the parties subsequently changed their mind down the road.

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My spouse is trying to kick me out of our home. Is that legal?

By Buckhead Family Law |

During the divorce process, it’s not legal to unilaterally kick one party out of the marital residence. If this is becoming an issue, you need to speak with your attorney so that a temporary agreement regarding the use of the marital residence can be reached while the divorce proceeding is pending. If an agreement… Read More »

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Is my spouse entitled to a portion of my business in Georgia?

By Buckhead Family Law |

In Georgia, your spouse may be entitled to a portion of your business if that’s a marital asset or if it’s an asset that appreciated through your efforts during the marriage. It’s important to seek a divorce attorney if you have a business subject to divorce, in Georgia, as fixing the value of your… Read More »

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Is it illegal to get remarried before my divorce is final?

By Buckhead Family Law |

Yes, it is illegal in Georgia to get married prior to your divorce being filed. This would make that divorce null and void, so I would definitely advise against it.

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