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Atlanta Divorce Law Blog

Ruling in international custody case coming soon

A ruling in an international custody case should be handed down as soon as Friday, and it will tell a woman whether or not she has to leave her native Canada and go to Georgia with her children, or if she is free to stay in Canada and have custody of them. The case has been going on since 2010, and there have been multiple rulings already. This should mark the end of the road for both sides.

Initially, the woman lost custody of her children to her husband because she struggled with a drinking problem. She now claims that she has put those problems behind her and that they are no longer going to be an issue.

Life circumstances can alter how prenuptial agreement is enforced

Take a moment and consider this scenario: say you've been married for many years, but your spouse had a prior marriage. Both of you waived your rights to alimony and signed a prenuptial agreement. Your spouse had multiple kids in the first marriage, and they come to live with you. To make everything work, you quit your job to help take care of them. Everything is going well for many years -- and then your marriage hits a snag.

What are you supposed to do in this scenario? Without a right to alimony or spousal support, and with no job or working experience in years, you could be in a dire financial situation. If you and your spouse were to divorce, would the prenuptial agreement still stand? Or would parts of it be nullified given the drastically different life circumstances that apply now?

Divorce is increasing, not decreasing according to study

A new study sheds some light on the U.S. divorce rate, and what has really been going on over the past few decades. It was thought that the divorce rate was decreasing since the 1970s, but the new study paints a very different picture. According to the new research, "the age-standardized refined divorce rate increased substantially after 1990 and is now at an all-time high."

It's a startling revelation in some ways, but in others it may not mean too much. Divorce is actually a simple "device," if you want to think about it in those terms. It allows people who are married but realize that their marriage is no longer tenable to solve their problem.

Movement to balance custody laws gains steam

Many years ago, it was widely accepted (and one could say expected) that when a couple was married, it was the man who went to work and "brought home the bacon" while the woman stayed at home and took care of the kids and the house. This simple (if not demeaning) approach to marriage caused issues when divorce entered the equation. How would the woman financially provide for herself? How would the man be able to take care of their kids?

Obviously times have dramatically changed since then, and gender roles are constantly converging and colliding in today's world. This is a tremendous development, as we strive for gender equality and the overall improvement of people, in general. This still leaves open the possibility of stay-at-home moms (or dads) -- but the expectation is no longer there.

Hiding assets during divorce? Prepare for a tax audit

Going through the divorce process can be a stressful experience. After all, couples are put in a position to split up nearly every aspect of the years they spent together. For some couples, addressing the financial aspects of divorce can become particularly contentious, since both parties want to maintain a sense of financial security after divorce.

From time to time, one spouse might be inclined to conceal marital assets during divorce in order to avoid splitting them. In addition to the possibility of a contested divorce settlement, this can also open the door to a tax audit conducted by the Internal Revenue Service.

Divorce and social media: Where should the line be drawn?

At times, a person may feel frustrated or confused by the way things are proceeding during his or her divorce. In this day and age, people might turn to popular social media sites like Facebook or Twitter to vent in the hopes of receiving support from friends. The problem with this, however, is that social media content can come back to haunt someone as they move forward with divorce.

One man quickly found his claim for child custody in jeopardy after he made a comment about his divorce in a Facebook post. After making a generalized statement about losing custody, the man's ex-wife filed a successful motion for contempt of court.

Father pays child support debt, sent to jail for 6 months anyway

Seeking child support payments is something many parents have to do. At the same time, many parents are willing to pay child support, since they understand that it's part of their responsibility. When this kind of arrangement is in place, it's important that the court-ordered settlement is fair to all of the parties involved.

One father thought he was doing all of the right things: He had a job, he paid child support for his 11-year-old son and he spent time with his kid. However, he was shocked when claims came forward that he wasn't paying his monthly child support in full. What he didn't know is that this situation would escalate considerably and grab headlines all over the world.

Changing families equate to changes in alimony orders

On a very basic level, alimony is supposed to help even financial disparities between spouses who are going through divorce. Traditionally speaking, this was designed to compensate women for the time they dedicated to raising children, rather than pursuing careers outside the home.

Of course, society has changed over time. It's not uncommon for both spouses to have full-time jobs. And, as family law observers are noting, more and more women are becoming primary income earners. As a result of this change in financial and family dynamics, divorce settlements are likely to be affected.

The intricacies of divvying up debt in divorce

When couples end their marriages in Atlanta, it is necessary for them to untangle their finances. This means that all property and assets need to be identified as separate or joint property; and, joint property must then be divided. In addition to the division of property, divorce also involves the complex separation and assignment of debts.

The guidelines for the division of debt and property depend on the state in which the divorcing parties reside. Here in Georgia, the law requires an equitable division of assets. This does not necessarily mean that property and debts need to be split 50/50, but rather that the distribution of assets needs to be fair and equitable. 

Tax liabilities may be especially important in high-asset divorce

At times, making the decision to divorce may be particularly challenging. Once couples reach the point that they are ready to split, however, there may be an inclination to rush to the finish line without considering the wide range of consequences associated with getting divorced. As such, it may be particularly important to accurately assess the impact of divorce as the process moves forward.

One thing that spouses might not immediately consider is that there are potential tax consequences for transferring assets between divorcing spouses. In high-asset divorce cases, the tax burden could be significant.

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