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How Do You File a TPO?
How do you file a temporary protective order? If you feel that you are need of a temporary protective order, this can be a very frightening time for you, and there are many reasons to seek an order of protection. There could be an act of family violence, a fear that it's going to happen again, or even a threat of bodily harm. If you do not have the ability or time to seek counsel from an attorney immediately, you can go to the Superior Court of the county in which the perpetrator resides and seek an immediate order of...
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How Can You Prevent Financial Infidelity?
How can you prevent financial infidelity, the hiding of assets or debts in a marriage? Unfortunately, the reality is you probably can't. However, if you decide to stay in the marriage after discovering a financial infidelity, I strongly recommend a postnuptial agreement that will determine who's going to be responsible for which debt and who receives which asset in the event of a divorce, or even for a state planning. If you believe your spouse has committed financial infidelity, it is important to receive the proper legal advice to understand if you're going to be responsible to the creditors or...
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How Important is a Business Valuation in Georgia?
How important is a Business Valuation in your divorce case? Extremely. Unless you have a prenuptial agreement here in the state of Georgia, your business will be considered part of the marital state. And I cannot tell you how many business owners tell me my business is worth nothing without me. That may be true. The court is not going to see it that way. They will place a value on it. It could be $100 it could be $100 million, and an inflated valuation of your business can be devastating financially. Here at the Atlanta Divorce Law Group we...
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What Does Narcissistic Abuse in a Divorce Look Like?
What does narcissistic abuse look like in a divorce case? A narcissist, or other high conflict spouses, actually enjoy the adversarial process of a divorce case. They may accuse you of the things they are actually doing- maybe lying, maybe cheating, of having a mental disorder. And unfortunately, a collaborative type of divorce is not going to work with a high conflict or narcissist spouse. They do not collaborate. They dominate. And that is why we need the threat of a courtroom, not necessarily the courtroom, but the threat of the courtroom to have an end date or exposure to...
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What Rights Do Grandparents Have in Georgia?
What rights do grandparents have here in the state of Georgia? There are no automatic rights for grandparents. However, if your child or your child's spouse is not letting you visit with your grandchildren there is ways to address it with the court system, either with you know regional competition or an intervention in a custody case. But a grandparent must show by clear and convincing evidence it is in the best interest of the child for you to be able to visit with them. Our attorneys here at the Atlanta Divorce Law are specifically trained to help you analyze...
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How Is a Guardian Ad Litem Chosen?
How is the guardian ad litem chosen? First what is a guardian ad litem? A guardian ad litem is often appointed by the court in a custody case to represent the best interest of the children, and what they do is an investigation. They can visit homes and schools. They can talk to teachers and doctors and any other witnesses that either parent wishes them to speak to, in order to make a recommendation to the court on what the custody should be in your particular family. If you are represented, typically the attorney and opposing counsel will get together...
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What is the Difference Between Legal and Physical Custody?
What is the difference between legal custody and physical custody? The vast majority of coparents are going to share what we call joint legal custody. What that means is that both parents have access to school records, to medical records, and are able to talk to those providers. They're also able to make day-to-day decisions for the children when they're in their care. Joint legal custodians are supposed to talk to each other about all major life decisions before making those decisions for the children. Physical custody is where are the children going to reside primarily? Are they gonna be...
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How Do You Identify a Narcissist?
How to identify a narcissist: Are you married to a narcissist? Many of our clients and potential clients believe that they are, and that's not surprising. Mental health issues especially narcissism can lead to high conflict marriage and thus to divorce. And there can be and needs to be a different strategy when divorcing a narcissist. So how do we identify one? There are several factors to look for to determine if your spouse is a narcissist. Do they have delusions of grandeur and often a fantasy life that feeds into this delusion of grandeur? Is there a sense an...
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How Can Digital Assets Be Divided in a Divorce?
How are control assets divided in a divorce case? Digital asset, like any other asset that is acquired during the marriage, is subject to division. Here in Georgia, we are an equitable division, not necessarily an equal division state. Equitable means what's fair. Digital assets, like any other asset, go on the marital balance sheet. However, some digital assets are unique so that both parties can walk away with the whole set. Think photos, think videos. In regard to cryptocurrency or media accounts that may have monetary value we're going to have to place a value on that digital asset...
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What Are Common Law Marriages and Are They Recognized in Georgia?
A question that has come up recently…what is common law marriage and does Georgia recognize common law marriage? A common law marriage is one that has been established not by a certificate of marriage, but by holding your just out to be married. Georgia abolished common law marriage as of January 1st 1997. However, if you were common law married before January 1st 1997, you can still have a common law marriage here in the state of Georgia. Or if another state has established that you were common law married, you can have a divorce here in Georgia because Georgia...
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How Do You Prove a Common Law Marriage in the State of Georgia to Establish Your Rights?
How do you establish your common law marriage in order to obtain your rights during a divorce case? First, if you lived exclusively in the state of Georgia you must have been holding yourself out to be married prior to January 1st 1997. If you lived in another state and then moved to Georgia you must establish that you were common law married in those states under their statutes in Georgia. The things we look for- did you have the ability to contract for marriage, meaning were you of an age? Did you hold yourselves out to be married calling...
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Can You Get A Divorce If You Don’t Know Where Your Spouse Is Located?
Hi, I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. Can you get a divorce if you don't know where your spouse's? Absolutely. It's called a divorce by publication. And an attorney must do due diligence to try to locate your spouse and attest to the court that we have done our due diligence before we're allowed to have application. There are also things that we can and cannot obtain for you in that divorce by publication. But give us a call today here at the Atlanta Divorce Law Group so we can talk about your case, your...
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Do You Have To Sell Your Home In A Divorce?
I'm Shawna Woods of the Atlanta Divorce Law Group. Do you have to sell your home in a divorce? Not necessarily. Sometimes it is best for both parties if the home is sold so you both have liquid assets in order to purchase a new home or go on with the rest of your life. However, what we do here the Atlanta divorce law group has worked with financial planners to look at what's in your financial best interest, so that we can advocate for that. Whether you want to keep the home or sell the home, give Atlanta Divorce...
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How Is Child Custody Determined In Georgia?
My name is Shawna Woods and I am the managing partner here at the Atlanta Divorce Law Group. One question we often get asked is how is child custody determined in the state of Georgia? And that is a great question. The Georgia courts are going to be looking at what is in the best interest of the children. One particular factor they consider is the parent with whom the children are gonna be living with primarily going to be able to facilitate relationship between the children and the other parent. But that is only one factor and there are...
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Is There An Age Where Children Can Choose Where They Want To Live?
I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. There's a common misconception that children at a certain age can choose where they want to live. That's not necessarily true. Here in Georgia at the age of 14, a child may sign an affidavit election, choosing to live with one parent over the other or jointly with both parents. The law states that that affidavit is an election, that is a presumption that it is in the child's best interest and presumptions can be overcome, whether there are facts and factors. It is really important to talk to...
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What Happens To My Spousal Support Payment If My Ex Gets Remarried?
What happens to spousal support? If the person you're paying it to gets remarried? Or is in a meretricious relationship? Does it cease immediately? Maybe not. If you are paying periodic spousal support, then if the other person gets remarried or in a meretricious relationship, it does cease immediately under Georgia law, but if it is lump sum alimony, even if it is paid on a monthly basis, it does not cease immediately. The best practice is to have an experienced attorney. Review your final judgment decree or your settlement agreement in order to properly advise you if you can...
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What Is A Qualified Domestic Relations Order QDRO?
What is a qualified domestic relations order or a QDRO as they're often called? A QDRO is the vehicle by which we transfer funds from one retirement account to another without incurring the tax or penalties subsequent to a divorce case. However, a QDRO takes a special expert in order to make sure that it's done correctly so that you don't incur the tax or penalties. Give us a call at the Atlanta divorce law group so that we can assist you with your QDRO.
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What Rights Do Fathers Have When It Comes To Child Custody?
Hi, I'm Shawna Woods, managing partner here at the Atlanta Divorce Law Group. We often get asked about fathers rights and gaining custody for their children. Yes, the short answer is fathers do have equal rights when it comes to custody of their children. There are two types of custody, there's physical custody and then there's legal custody. Legal Custody includes final decision making power in certain areas. Physical Custody is who the children are going to be living with, either primarily or jointly. There are many factors that go into determining what's in the best interest of the children....
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When Can I Seek A Modification Of Child Support In The State Of GA?
When can you seek a modification of child support here in the state of Georgia? A modification of child support can be sought anytime directly after the divorce if there is a material change in circumstances of either incomes of the party or the needs of the children, but subsequently, we need to be careful, because unless there's an involuntary loss of income, you can only go back every two years with the material change in circumstances. Speak with an experienced attorney here at the Atlanta Divorce Law Group so that we can help you decide when it's right to...
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Can You Get A Divorce If You Don’t Know Where Your Spouse Is Located?
Hi, I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. Can you get a divorce if you don't know where your spouse's? Absolutely. It's called a divorce by publication. And an attorney must do due diligence to try to locate your spouse and attest to the court that we have done our due diligence before we're allowed to have a divorce by publication. There are also things that we can and cannot obtain for you in that divorce by publication. But give us a call today here the Atlanta Divorce Law Group so we can talk about your...
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What Does It Take To Terminate Parental Rights?
I'm Shawna Woods, managing partner of the Atlanta Divorce Law Group. What does it take to terminate parental rights? Terminating parental rights is a very strong thing to do. It is not done easily and it is not done lightly, because it takes way know both the rights and the responsibilities for the child. There are four major ways to terminate someone's parental rights. The first one is through an adoption when someone voluntarily or the court takes those rights for them gives up their rights so that someone else can step in and act as the parent accepting both...
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What You Need To Know About Parenting Plans In The State Of Georgia
Hi, I'm Shawna Woods, managing partner at the Atlanta Divorce Law Group. Talking to you today about parenting plans. If you're going through a divorce with children or modification here in the state of Georgia, you must have a parenting plan. It's required by law. You do not want to simply download a forum and checkboxes because your family is not formulaic. You really need to sit down with an experienced attorney and work through what's important to you and your particular family so that we can help create this parenting plan with you. Everything from travel itineraries, passports, when...
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Parenting With a Narcissist After a Divorce
When you divorce a narcissist, you are probably eager to put the drama and craziness behind you. If you...
How To Overcome Narcissistic Abuse
Marriage to a narcissist can leave you feeling shamed, worthless, and disempowered. Even when you recognize that your spouse...
What to Expect When Divorcing a Narcissist
It is tough to be married to a narcissist, but divorcing one is not easy either. Even when the...
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