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Category: Divorce

What is Legal Separation in Georgia?

Before filing a divorce in Georgia, you must first be legally separated. This does not, however, imply that you or your spouse must leave the marital home. You merely have to set aside marital relations with the goal of divorcing under Georgia law. While living under one roof, parties can still be legally separated. There […]

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Can You Evict Your Spouse in Georgia?

For some couples, there’s a point in the marriage where living together is difficult, unfeasible, or harmful to a certain party. One spouse may be wondering if they could legally kick out their husband or wife from their marital home. At our firm, we sometimes get questions like “Can I change the locks on my […]

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What is the difference between a limited divorce and an absolute divorce in Georgia?

Divorces can be either absolute or limited. A limited divorce, also known as a legal separation or separate maintenance, is a judicial proceeding where the court supervises a couple's separation. The marriage does not end as a result of this. Instead, it sets legal responsibilities for the partners when they are apart. A limited divorce […]

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Divorce and Taxes in Georgia

Divorce changes many things, including your tax status. The IRS has complicated tax rules, and each couple's situation is different when going through a divorce or becoming legally separated. It's smart to consider tax implications during the negotiations for your divorce or separate maintenance and to make sure they are entered into your agreement. An […]

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How is a 401(k) split in a Georgia divorce?

401(k) plans have grown in popularity as a method for many Americans to prepare for and invest for their future. The bulk of a person's retirement funds can be held in these defined-contribution pension plans. That's why divorce may be such a financial risk. According to Georgia law, 401(k), retirement assets, and retirement benefits are […]

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Who Keeps the House in a Divorce in Georgia?

When it comes to property division during divorce, Georgia is an equitable distribution state, meaning the court will divide assets equitably between the spouses. Given this, how is a marital home divided fairly? How do you determine who gets the house? Here’s an overview of what happens to the house during and after divorce in […]

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What Happens if the Deserter in a Marriage Returns in Georgia?

Although Georgia is a “no-fault” state (meaning a spouse doesn’t have to find fault to file for divorce), state law specifies 13 different grounds that may affect the judge’s decision on divorce issues. Desertion is one of these grounds for divorce. One spouse’s decision to abandon their marriage can put them at a disadvantage during […]

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Social Media and Divorce in Georgia

Social media and divorce are not compatible. Social media is a part of our daily life. When going through a divorce there are many things to think about, and one of those is how you are going to manage the emotions, frustrations and anger you are experiencing. Unfortunately, many people use social media as a […]

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Is January Really Divorce Month in Georgia?

Revised January 2024 January has been nicknamed Divorce Month by divorce and family law attorneys because so many relationships seem to fall apart with the new year, and family law attorneys see an uptick in calls every year. A multi-year University of Washington study found  that the January through March window shows a 33% increase in […]

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How to Prepare for Divorce as a Stay at Home Mom in Georgia

Divorce can be especially challenging for stay-at-home moms who have spent most of their married life taking care of the family and raising the children.  Because they’ve taken time away from work, they’re usually at a disadvantage from a financial standpoint. It may be difficult for them to go back and learn new skills that’ll […]

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