Jody A. Miller, Esq. Attorney At LawAtlanta Divorce Lawyer | Georgia Child Custody Attorney | Fulton County Collaborative Law2024-02-23T21:38:07Zhttps://www.lawjamesq.com/feed/atom/WordPressOn Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497772024-02-21T21:39:05Z2024-02-23T21:38:07ZConsequences of hiding assets
Georgia has 2.2 divorces per 1,000 people, and hiding assets during a divorce is a form of fraud. If a court finds that a spouse hid assets, the court may impose severe penalties. These penalties can include fines, sanctions or even criminal charges in extreme cases.
Impact on division of assets
In Georgia, marital assets typically get equitable distribution during a divorce. This means fair but not necessarily equal division. However, if one spouse hides assets, it can unfairly skew the distribution in their favor, leaving the other spouse at a financial disadvantage.
The court may order the non-disclosing spouse to pay the other spouse's attorney fees incurred in uncovering the hidden assets. The court may also adjust asset division to favor the innocent party.
Discovery process
The discovery process is an important step in uncovering hidden assets. This process involves both spouses providing full financial disclosure, including bank account statements, tax returns and other relevant financial documents. If the parties identify discrepancies between the disclosed assets and the actual assets, further investigation may occur.
Spouses who attempt to conceal assets are likely to face consequences. It is important for divorcing individuals to be honest and transparent about their financial situation to ensure a fair and equitable division of assets.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497762024-02-21T15:11:14Z2024-02-21T15:11:14ZCostly financial mistakes
Even small errors on your divorce paperwork can lead to problems dividing assets or determining spousal and child support. If you make any major mistakes, you may have to go back to court for modifications, resulting in additional filing fees and lost time. Not only that, but it is easier to miss important details when you do the job yourself, including legal determinations of property ownership, account updates and paperwork changes.
Stressful negotiations
Doing your own divorce also means handling sensitive negotiations with your former partner without expert mediation. This can quickly spiral into increased conflict over issues such as child custody. Research shows that mediation leads to better compliance with agreements and improved communication between divorcing parents. Attempting tense negotiations on your own often fails to bring the closure needed.
Handling your own divorce might seem like a cost savings, but the financial and emotional risks are significant. Ensuring a fair, equitable and enforceable settlement should be the priority. This can be difficult to achieve if you try to settle things yourselves since emotions can get in the way and you lack the necessary legal expertise to ensure that your agreements comply with court mandates.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497712023-12-21T19:58:45Z2023-12-21T19:58:45ZPut your child’s interests first
Every decision on your parenting plan depends on your child’s best interests. Make sure you prioritize their needs first as you determine time-sharing and decision-making. Remember to factor in things such as your child’s school schedule, hobbies and extracurricular activities as well so that you minimize the disruption in their daily life.
Embrace equal time allocations
Unless there are prevailing reasons to the contrary, the court prioritizes equal time allocation for both parents. This encourages equally shared responsibilities and allows both parents to maintain and cultivate their relationship with the child.
Consider dispute resolution
Disagreements are inevitable. Take time to plan for them with a dispute resolution process in your parenting plan. Establish a procedure for both of you to resolve any disagreements about scheduling, modifications or parenting issues. The more proactive you are about resolving disagreements, the more harmonious the situation becomes for your child.
Studies show that approximately 35% of U.S. children live with either one parent or in a step-parent household. With so many multi-household situations, parenting plans are more important than ever. Consider the relationship you want for your child and establish a plan to encourage that.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497702023-10-26T17:08:23Z2023-10-26T17:08:23Z1. What is the Georgia Putative Father's Registry?
The Georgia Putative Father's Registry is a statewide database where individuals who believe they may be the biological fathers of children can voluntarily register their information. By doing so, they express their intent to receive notification regarding any legal proceedings involving the child, such as adoption or termination of parental rights.
2. When should I register?
While you can register at any time, it is best to register as soon as possible after the child's birth. Early registration ensures that you get informed about any legal actions involving the child promptly. A failure to register may limit your ability to assert your rights later.
3. Is there a fee to register?
There is a fee associated with registering, but the fee is typically modest and is subject to change. To find the current fee and make your payment, you should contact the Georgia Department of Human Services, which administers the registry.
4. How long does the registration last?
Your registration with the Putative Father's Registry remains valid until the child turns 18 years old. If your contact information changes, you should update it with the registry to ensure that you are accessible if needed in the future.
In 2020, about 7.6 million children lived with their mothers only, many of whom had no relationship with their fathers. By voluntarily registering, you not only protect your legal rights and interests but also open the door to nurturing a meaningful relationship with the child.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497692023-10-21T18:14:27Z2023-10-21T18:14:27ZLegal custody
Legal custody pertains to the authority to make important decisions regarding the child's life. These decisions encompass various aspects, such as education, healthcare, religion and general well-being. When one parent has legal custody, they possess the right to participate in the making of these significant determinations.
Legal custody can be sole custody where one parent has the exclusive authority to make legal decisions for the child. The other parent may still have visitation or parenting time, but they do not participate in legal decision-making. It can also be joint legal custody where both parents share the responsibility for making major decisions about the child's life. This includes collaboration on education, healthcare and other substantial aspects of the child's upbringing.
Physical custody
Physical custody refers to where the child resides and who is responsible for their daily care. This aspect addresses the child's living arrangements and which parent provides a home, shelter and daily supervision.
Physical custody can be sole custody where the child primarily resides with one parent, while the other parent typically has visitation rights. The parent with sole physical custody is the custodial parent, and the other is the noncustodial parent. It may also be joint custody in which the child divides their time between both parents' homes. This arrangement strives to create a balanced living situation for the child, ensuring they spend substantial time with each parent.
It is important to note that legal and physical custody are separate ideas. A parent with sole legal custody may share physical custody, and vice versa. The specifics of child custody arrangements can vary greatly depending on the unique circumstances of each family.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497682023-08-29T17:50:17Z2023-08-29T17:50:17ZFinancial assets and debts
A prenuptial agreement defines how a couple’s financial assets and debts get distributed or handled during the marriage as well as in the event of a divorce. This includes defining which assets remain individual property versus marital property.
Property ownership
Many prenuptial agreements define ownership rights and distribution methods for any properties acquired before or during the relationship. This includes valuable assets such as real estate and investments.
Inheritance
Whether you have children from a previous marriage or family heirlooms with sentimental and financial value, a prenuptial agreement ensures a fair and appropriate allocation of those assets in the event of divorce. This protects any inheritance you intend for your children as well as family heirlooms you inherited.
Business ventures
Whether one party in the relationship owns a business or you plan to start one together, a prenuptial agreement can define how you will handle the business in the event of a divorce, including any valuation or division.
Individualized agreements
Prenuptial agreements provide an opportunity for personalized agreements as well. For example, you might want to include pet considerations. Sometimes, a sunset clause provides a termination date for the agreement.
According to Marketwatch, approximately 15% of married couples surveyed in 2022 had signed a prenuptial agreement. When you understand the elements that these agreements cover, you can appreciate their value for any relationship.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497672023-07-14T20:27:14Z2023-07-14T20:27:14ZThe Uniformed Services Former Spouses' Protection Act
The federal law, the Uniformed Services Former Spouses' Protection Act, plays a role in how the courts can divide military pensions in divorce. The USFSPA allows state courts to treat disposable retired pay either as property solely of the member or as property of the member and his or her spouse in accordance with the law of the state. In Georgia, the courts view military pensions as marital property.
Georgia's equitable division approach
In Georgia, the court follows an equitable division approach for dividing marital assets, including military pensions. This means that the court aims for a fair distribution, but not necessarily a 50/50 split. While the courts entitle your spouse to a portion of your military pension, it may not be an equal share. The court will consider several factors in determining the percentage each party receives.
The length of the marriage and military service
The length of the marriage and the years of military service during the marriage are important factors in the division of military pensions in Georgia. Generally, if the marriage lasted for at least ten years during which the military spouse performed at least ten years of service creditable towards retirement eligibility, the non-military spouse will have a stronger claim to a portion of the military pension.
Understanding the nuances regarding how the courts may split your military pension can help you navigate your Georgia divorce more effectively and will help you know what to expect when the courts divide your assets.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497662023-06-26T21:06:35Z2023-06-26T21:06:35ZProtection of individual assets
A prenuptial agreement allows you to define what you consider 'separate property', which refers to the assets you bring into the marriage. If you have significant assets, a business or stand to receive an inheritance, a prenuptial agreement can protect those assets from division in the event of a divorce.
For LGBT couples, who often marry later in life, this can be particularly beneficial. You may have already built a significant amount of wealth or become established in your career, and a prenuptial agreement can ensure that these assets remain yours.
Clarity in legal matters
In the case of a divorce, it can become challenging to navigate through the division of property, finances and even debt. A prenuptial agreement can help outline the terms of the division, providing clarity and minimizing potential disputes.
Given that LGBT couples could not marry until recently, you may have co-owned property or shared financial responsibilities while unmarried. A prenuptial agreement can help clarify these arrangements and ensure that both parties receive a fair settlement in the divorce.
While discussing a prenuptial agreement may not feel like the most romantic pre-wedding activity, the benefits it offers can significantly outweigh any temporary discomfort. As you prepare to start your married life, remember that a prenuptial agreement does not indicate a lack of trust or love - instead, it serves as a sensible step to safeguard your individual and joint future.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497652023-04-25T15:37:42Z2023-04-25T15:37:42Zwho gets the family pet.
Pet treatment
Georgia is an equitable distribution state. Therefore, the courts will divide your assets based on equity, but not always equality. The courts treat your pet like an asset.
Types of property
Every divorce has separate and marital property. Any property you had before you got married is separate. This means that the courts cannot divide and distribute it. However, anything you purchased during your marriage is separate property. This includes your home, retirement accounts, artwork and even the family pet.
Pet custody
The courts typically give one partner custody of the family pet. They weigh who primarily takes care of and has the closest relationship with the pet. Time with the family dog and abuse or neglect are aspects of the custody case. The judge will weigh witness testimony, photos and other evidence as well as the original purchase details. Custody of the children may also be a factor due to the emotional impact losing the pet may have on the children.
Joint custody is not typically an option, due to the strife that may occur. However, some judges have awarded joint custody.
Reimbursement
If your pet is especially valuable and you receive custody, the judge may require you to pay half of the value of the pet to your former spouse.
To get the best outcome, work with your spouse to create a custody agreement, and make sure you can provide a good, loving home for your pet.]]>On Behalf of Jody A. Miller, esq. Attorney At Lawhttps://www.lawjamesq.com/?p=497642023-04-18T16:55:56Z2023-04-18T16:55:56ZDivision of Child Support Services outlines several ways that a father can establish paternity without the need to undergo a mandatory paternity test. In the event that you wish to establish paternity without undergoing a paternity test, you can do so by following one of the provided methods.
What is a paternity test?
A paternity test involves sampling DNA from the child, the mother and the supposed father. A postnatal paternity test entails a simple cheek swab and even a prenatal paternity test is non-invasive by modern means. Paternity testing is mandatory by Georgia law in all new child support cases in which paternity is not yet established.
What other ways can you establish paternity?
The simplest way to establish paternity in Georgia is to provide proof of your marriage with the mother as of the time of the child's birth. If unwed, you and the mother can instead sign a Voluntary Paternity Acknowledgement Form either at the time of the child's birth or later at your county's Vital Records Office. A final way to establish paternity is through a court order, such as when the court accepts a divorce decree or separation agreement.
If you are unable or unwilling to undergo a paternity test, know that you have other options available to you. If another party refuses to acknowledge your legally-established paternity, it may be necessary to pursue further legal action in your child custody case.]]>