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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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Is Dating During Separation Adultery in Georgia?

A separation or divorce can be one of the toughest challenges in a person’s life. There are a lot of legal issues at play during this period, not to mention the mental and emotional stress.  One of the most common questions that a separated spouse may have at this point is if it’s legally okay […]

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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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I’m Already Married – Can I Get a Postnuptial Agreement?

If you're already married, the short answer is that it is too late for a prenuptial agreement. But it’s not too late for you to protect your assets. You just need what’s called a ‘postnuptial agreement’ rather than a prenuptial agreement. Nationwide, the number of postnuptial agreements is on the rise as couples work on […]

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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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Grounds for a Restraining Order in Georgia

A protective order or restraining order is a legal tool to protect individuals and families from stalking, harassment, or violence. Here’s an overview of what these orders mean in Georgia, how to file for one, and what to do if you are the target of such an order. What’s the Difference Between Restraining Order and […]

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What Are Grandparent Visitation Rights in Georgia?

Parents have the legal right to make decisions about the care and well-being of their children. When a marriage is ended by divorce, or if the parents were never married, custody and visitation of minor children often become a dispute between the parents. Sadly, co-parenting disputes can result in a child's grandparents not being able […]

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Benefits of a Prenuptial Agreement in Georgia: Melinda Gates and MacKenzie Bezos Didn't Have A Prenup - But You Need One

Do you really need a prenuptial agreement? Recent headlines on the divorces of billionaires Jeff and MacKenzie Bezos and Bill and Melinda Gates caught the public by surprise and took over the news and social media headlines for weeks for one major reason: neither couple had a prenup. But if 2 of the world's wealthiest […]

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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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