Jody A. Miller, Esq. Attorney At Law
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Atlanta Georgia Family Law Attorney

Do you anticipate your divorce being full of conflict?

As much as you may want to have an amicable divorce, you likely know that it is not in the cards for you. In fact, your spouse's belligerent attitude may be one of the reasons you feel it is best to end the relationship. Unfortunately, you worry that his or her attitude and other factors will contribute to a contentious divorce.

Some divorces can certainly involve considerable conflict, and more cases may be heading that direction. Various issues can contribute to whether a case will have many disputes and battles, and though each case is different, some common threads are starting to appear.

3 limitations of prenups

Prenuptial agreements are no longer a point of contention in modern divorces. A prenup makes sure the couple has more control over the division of their property, and it can help you ensure that any family heirlooms you have remain in the family. 

However, every same-sex and opposite-sex couple needs to be aware of the limitations of such a document. A prenup cannot do everything, so you need to know the remaining risks. You should not include these provisions in a prenup because if you do, you could invalidate entire portions of the document. 

4 reasons to get a paternity test

Few life events are more exciting than welcoming a new baby into your family. After all, children offer an immediate way for any parent to leave a legacy. Still, if you are not confident your son or daughter is biologically yours, you may have lingering doubts that complicate a variety of matters. 

According to some estimates, there are roughly 400,000 paternity tests conducted in the United States every year. While requesting a paternity test may be difficult, it also may be the best way to achieve certainty. Here are four times paternity testing usually makes sense: 

Who gets the dog in a Georgia divorce?

If you consider your dog to be a member of your family, you are not alone. An astounding 95% of pet owners consider their pets to be family members. You may even purchase birthday presents or cook special food for your dog. So, what happens to your furry friend when you get a divorce?

You may wonder whether pet custody exists. However, Georgia law treats pets as property rather than family members. 

What everyone should know about Social Security and divorce

For many people, Social Security is an important source of income in their golden years. However, some miss out on it because they fail to collect Social Security benefits from a former spouse. 

Certain criteria need to be present for you to receive benefits from a former spouse. Even if you will not be eligible to receive these benefits for many years, it is vital to keep them in mind during the divorce process now. 

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. 

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

Toll Free: 866-319-0924
Phone: 678-905-7562
Fax: 678-348-7199
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