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Atlanta Georgia Family Law Attorney

A prenup or postnup can help a divorcing same-sex couple

Divorce is now legal in Georgia for a married same-sex couple. Concerns always accompany the property division phase of the proceedings, which may turn into a contentious event.

If the couple signed either a prenuptial or postnuptial agreement, an efficient and less stressful division of assets is possible.

Understanding benefits eligibility after a military divorce

If you are a non-military member who is currently involved in a divorce from a serviceman or woman, you may have questions about whether you will still be able to utilize military benefits once your divorce becomes final. Conversely, if you are a military member divorcing a non-military member, you may be wondering whether he or she will still have access to your military benefits.

Military benefits, which generally include TRICARE health care programs and the use of military commissaries, can prove highly beneficial when you are in a military marriage. However, unless you and your situation meet certain circumstances, the non-military party in the divorce typically loses access to said benefits once the marriage ends.

Is alimony required when divorce was the other person's fault?

In Georgia, the grounds for divorce include adultery, addiction, uncurable mental illness and an irretrievably broken marriage. Many people cite the irretrievable breakdown of their marriage rather than delve into potentially embarrassing situations. That said, adultery, cruel treatment and desertion do get cited fairly often.

Alimony may come into play when one of the spouses would have difficulty supporting himself or herself, especially in the same standard of living as the marriage. If you are getting divorced because of an act that your partner committed, it can be frustrating to think that you may have to pay alimony when he or she is the one who did something wrong. So, will you actually have to pay alimony?

Key things to know about the paternity process in Georgia

When children are able to have healthy, loving relationships with both parents, they are able to grow and develop at their optimum levels. Unfortunately, sometimes regulations may prevent fathers from exercising their parental rights and being present in the lives of their children.

For those fathers looking to fight this scenario, there are options available. There are a few key things they should know about the paternity process in Georgia.

How to receive more child support in Georgia

Sometimes your divorce decree is not in your favor. Other times, your financial situation may change after your divorce. Either way, you may not be satisfied with the amount of child support you receive from your ex.

The good news is that you can do something about it. You do not have to settle for something that is not working for you and your children. With the help of an experienced family law attorney, you can have the court modify the original divorce order. 

How to establish pet custody and visitation in divorce

If you have pets and are thinking about divorcing your partner, you should think about how your situation affects them. Georgia is one of several states that view pets as property in divorce. Although you consider your pets as family members, you should not rely on the courts to be as considerate when determining custody and visitation. It is up to you and your spouse to plan your divorce with them in mind. 

Pet visitation schedules are becoming more popular with separating couples. These enable people to maintain their relationships with their pets and minimize the effects of their divorce on the animals. Pet visitation clauses also establish custodial and financial responsibilities for each party in a divorce so the pets can continue to enjoy the quality of life they are accustomed to. 

Incorporating mediation into divorce proceedings

If you plan to file for divorce in Atlanta, Georgia, there is a high chance your judge will refer your case for mediation at some point. You may also participate in no-cost mediation at the time of scheduled status conferences. Parties may also request mediation on their own without waiting for a referral.

Mediating some or all of the contested issues in your divorce can offer several benefits. However, mediation may not always be the best option. Your attorney can tell you more about whether mediation would benefit you based on the specific circumstances of your case.

What divorcing couples need to know about child custody

When parents with children contemplate divorce, child custody is the top issue that needs to be settled. Knowing how Georgia law deals with custody can help parents come up with a viable plan and be aware of potential problems.

Establishing paternity in Georgia

If you believe you have fathered a child in Georgia, but you or the child's mother are not completely sure the child is biologically yours, you may want to establish paternity to ensure you have certain legal rights to the child. Conversely, if paternity is yet to be established, you may find yourself forced to submit to testing if you are involved in a child support case.

Divorce and Social Security: What you need to know

If you are prepping for divorce, your mind may be pulled in a million different directions. You may be wondering how you will support yourself and how your children may be affected by the transition, and you may also be curious about how any Social Security benefits you may be entitled to could be affected. Your Social Security benefits play an important role in your retirement, so it is essential that anyone going through a divorce understand what the change in marital status may mean as far as repercussions.

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Jody A. Miller, Esq. Attorney At Law
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Atlanta, GA 30339

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