One of the most important things for you to remember throughout this process is that you can't use the divorce as a way to get back at your ex. Being vindictive could cost you more than you realize. Instead, take the better option and do what is best for your needs. Your goal shouldn't be to "stick it to your ex"; it should be to start off your new life on the best footing possible.
Know what assets are divisible
The assets that are divisible in a marriage can vary in Georgia. The typical guide is that if it was obtained during the marriage, it is divisible. The catch here is that even assets that were obtained prior to the marriage are divisible if they were commingled with marital assets. For example, if you had a rental home going into the marriage, it can be divisible if money that you earned during the marriage was used to maintain that home. The division of property also includes the marital debts.
Find out the value
Some people falsely believe that the value of an asset is what it is worth today. In the case of retirement assets, the statement will show what it is worth today, but some work will have to be done to come up with the value. It might be necessary to hire a forensic accountant or valuation expert to find out the actual value of assets. Knowing the value can help to ensure the property division is equitable.
Changes you can make
When you divorce, the court usually issues a financial restraining order, which means that you can't do anything with joint accounts. You can't make large purchases or dispose of assets unless you have an agreement with your ex or an order from the court.
If you have individual accounts, such as a bank account in your name only, you can change the beneficiary designation so that it doesn't go to your ex if something happens. The same is true of life insurance policies on which you pay the premiums.
Talk to your attorney
You should speak freely with your attorney. If you aren't sure of how to handle something, ask for guidance. There are many decisions that you might not think much about until you are in the midst of a divorce. It is always best to ask about matters before you make a decision that you will pay dearly for later.
]]>Even in very conservative states, like Georgia, same-sex couples now have more rights to grow their family through adoption. Of course, just because the job option is possible doesn't mean that it's easy. You and your spouse will have a significant amount of work and likely substantial expenses ahead of you before you finalize adoption paperwork.
However, all of that effort will certainly be worth it when you add a child to your family to love. That makes handling each step properly all the more important.
There are many different kinds of adoption possible
Couples looking to adopt, including same-sex couples, often had to choose one partner to adopt while the other partner didn't have legal rights as a parent. Now that the courts recognize same-sex marriage, both spouses can adopt without extra paperwork or problems.
There are many different forms of adoption, including international adoption. Couples can travel to adopt children who need homes in other countries. Other couples will choose to adopt right here in Georgia or in a nearby state.
Domestic adoptions can sometimes take a little longer than international adoptions, as there is substantial demand for adoptive placement. In some cases, couples work with an expectant mother to secure an adoption agreement during the pregnancy. It is also possible to work toward adoption by starting out as foster parents for kids who don't have a loving, supportive family.
Having both parents adopt is critical for overall stability
No matter how devoted you are to your spouse, you still want to protect your relationship with the child who will soon join your family. It is unfortunate that some LGBTI couples divorce, but you should plan to protect yourself for that eventuality.
However solid the relationship seems now, you don't want to make a mistake that could impact your happiness for the rest of your life. Having both of you sign all necessary legal adoption paperwork is an important step. If only one of you legally adopts the child, that could cause serious issues during a divorce in the future.
By ensuring that both spouses have legal parenting rights per the adoption agreement, you also ensure that both parents will have a right to custody and visitation in the event that the marriage ends.
Adoption is confusing, and same-sex marital rights are still a developing area of law. Conferring with a lawyer who understands LGBTI couples, their rights and the adoption process in Georgia is a good way to start exploring the expansion of your family.
]]>As a stepparent who has deep love and a sense of obligation toward your stepchildren, you may be wondering if the time has come to adopt the children of your spouse. By doing so, you can cement their position in your life, while also reinforcing the strength of your entire family unit. There are many potential benefits to legally adopting your stepchildren.
Adoption can help end the demands on an uninvolved biological parent
Whether your spouse was previously married or had a child without marrying the other parent, it is possible that the biological parent of your stepchildren doesn't have much enthusiasm for their role as parent. They may avoid paying child support or even refuse to spend time with the children at all.
That can create a hostile and stressful situation for both your partner and the children in your family. By legally adopting your stepchildren, you assume the role that the biological parent wants filled. The legal responsibility for financial and social support will fall to you, instead of the biological parent.
Provided that the other parent has had their parental right revoked by the court or does not want them, you can assume both the responsibilities of a parent and the wonderful rights that come with them.
Adoption can help your stepchildren move on and be happier
Whether their other parent is no longer part of their life due to death or divorce, it is likely that your stepchildren struggle with their current situation. They may feel unwanted or unloved, or have unresolved trauma related to a sense of abandonment.
By stepping up and assuming the role of legal parents, you will provide stability and a sense of belonging to your stepchildren. This can help them socially and emotionally as they mature. It can also help your spouse feel more comfortable about your blended family and protect your right to a relationship with the children in the event that your marriage ends or your spouse dies unexpectedly.
It can help your family become closer if everyone agrees
Stepparent adoption is a complex area of law. It is also a legal procedure that is steeped in emotional significance. Before you initiate the process, you should explore whether you have the legal right to seek adoption. You should also discuss your desires to adopt the children with both your stepchildren and your spouse.
Provided that your situation meets the requirements for adoption in Georgia and everyone agrees it is for the best, it may be time to schedule an appointment with a family law attorney.
]]>Most homeowners can push through these stresses by focusing on how excellent their living space will be after the remodel is over. Unfortunately, for some homeowners, the headache doesn't end when construction does. They may discover that the contractors they hired did a truly poor job. This bad work could impact the livability of the space or even impact the overall value of the home.
For homeowners who hired bad contractors, the end of work is rarely the end of the nightmare. Instead, they have to find a way to fix the damage done to their house. Under law, homeowners who have dealt with contractors not performing a good job do have the right to hold the contractor accountable.
Doing sub-par work may qualify as a breach of contract
Working with contractors usually involves a combination of written and verbal contracts. You may agree to a price and materials over a handshake, or you may sign an itemized estimate and invoice. Obviously, it is better for you, as the homeowner, to have the protection of a written invoice and contract.
In that situation, you will have clear, written expectations regarding the work that the contractor will do. If a contractor's work does not match the standard set in the contract, the homeowner will have grounds for a breach-of-contract lawsuit.
In fact, even if you worked with the contractor under a verbal agreement, work that rapidly deteriorated or used substandard materials could still provide grounds for a breach of contract lawsuit.
Holding contractors responsible is the only way to undo the damage
The damage caused by bad remodeling work can cost you several times what the initial work did to fix. This is especially true in cases where the contractors actively damaged something in your home, whether it was the wiring or the structure itself by removing a load-bearing wall.
In many cases, your homeowners insurance may not compensate you for damage caused by a bad contractor. They will expect you to hold that contractor liable. If the contractor isn't willing to come back and fix what is wrong with the work done on your home, it may be time to pursue a civil lawsuit.
Talking with an attorney who understands these kinds of contract issues can help you determine if you have adequate grounds to move forward with the lawsuit against a bad contractor.
]]>You may want to consider these areas carefully and decide your goals surrounding these topics before you begin your divorce process. Here are the three most important aspects of divorce in this respect:
1) Property division
It's not uncommon for spouses to have different opinions about their property rights in a divorce. In fact, when it comes to certain high-asset divorce matters, the property division litigation can last more than a year. Having clear goals in mind for your property division -- and making sure those goals are realistic and in alignment with Georgia divorce law -- will help you navigate this area of your divorce faster and more effectively.
One area that can be a potential hang-up during property division relates to dividing business assets. If you or your spouse started or owned a business during your marriage, this is something you will want to start investigating as early as possible.
2) Spousal support and/or child support
When there's a disparity in income and assets between the spouses, it may be necessary for one spouse to pay the other financial support after the divorce. Similarly, noncustodial parents often need to pay the custodial parent (the parent with whom the children live) child support following the dissolution of the marriage.
3) Child custody matters
Parents will also need to arrive at difficult decisions related to child custody during their divorce proceedings. Will you and your ex share physical custody of your children 50-50? Will the children live with one parent and visit with the other parent? How will you organize your parenting and visitation time? The parents need to find answers to all of these questions -- and hopefully, they can do that in peaceful, out-of-court settlement negotiations.
By learning more about the negotiation of child custody, asset division and support obligations in a divorce, Georgia spouses will be better able to resolve these matters in a diplomatic and cost-effective way.
]]>In mediation, a third party mediator helps both individuals resolve disputes associated with things such as child custody, child support and property division.
What are the goals of mediation?
Although no two people take the same approach to the divorce process, most share the same goals in regard to mediation:
While there is no way of knowing if you'll reach these goals through divorce mediation, you're in position to do so with a dedication to the process and a willingness to negotiate and compromise.
Is it right for everyone?
Even though most people will go through divorce mediation before moving onto litigation, it's not the right solution for everyone.
For example, if one person refuses to compromise, it's possible that the mediation process will fall apart. This will eventually lead you to court, at which time a family law judge takes control.
What to expect in divorce mediation
With the help of a mediator, you and your soon-to-be ex-spouse will sit down to bring all the problems to light.
From there, both individuals will partake in a variety of mediation sessions, with the idea of pushing the process forward one step at a time. Some people are able to settle their differences in one or two sessions, while others take much longer to reach a final agreement.
Although you may not be getting along with the other person, it doesn't necessarily mean you can't work things out in mediation. If you're both willing to work together to a certain degree, there's no limit on the benefits of mediation.
As you move closer to divorce mediation, focus on what you want to accomplish and the steps for doing so. This will help you create a plan of action that allows you to protect your legal rights every step of the way.
]]>The adoption process isn't going to be speedy. Each step you must take will require time. For example, Georgia law requires that potential adoptive parents attend an information session prior to beginning the pre-service training. From there, other things must also be done before an adoption is finalized.
What is the pre-service training?
Pre-service training is offered by the Department of Family and Children Services. Some private adoption agencies will offer a program through a contract with DFCS. At a minimum, the program requires you to have 23 hours of training in a classroom. You must have already gone through the two-hour information session and have an in-home initial visit before you can begin the pre-service training.
What is the home study or family evaluation?
While some people know it as a home study, this process is known as a family evaluation. This process is started during the pre-service training. You will need to gather some basic information, such as financial statements and medical reports to hand over for review. Georgia doesn't require potential adoptive parents to own a home or have an opposite-sex marriage. Many people don't realize this and think they won't ever be able to adopt.
You will also need a criminal background check, fingerprinting and home visits. You also need to discuss your views on adoption. The average home study takes around three to six months, but can take longer depending on the circumstances of the case. All of this is done to ensure the safety of the child who is going to be placed with the adoptive parents, so this timeframe is well worth the wait.
What happens next?
Once you have completed the information session, pre-service training and home study, you can have a child placed with you for adoption. You will sign a placement agreement once you find the child who will fit into your family. The final step in the adoption process is heading to the county Superior Court Judge to finalize the adoption, which means the child is forever yours.
There might be other components to the adoption. These are personal journeys that vary individually. You should take steps to protect your interests and learn about any available resources.
]]>You need to come up with a plan for addressing some of the most common struggles that newly single parents face. Some challenges take quite a bit of work while others will resolve more easily.
Work on a respectful relationship with your ex
The cornerstone of a good parenting relationship is mutual respect. You and your ex should work as a team if you are going to help the children thrive. There are going to be times when you won't agree with your ex. You will have to try to find an answer that is in the best interests of your child. This might require negotiation and compromise but can be rewarding when you see the kids doing their best. Your child custody agreement is the framework for this relationship.
Create a new budget
When you are a single parent, all the bills fall on you. Sit down and write out a new budget based on your income alone. If you receive child or spousal support, you can include that money in your budget. However, it might be a good idea to base your budget solely off your own income just in case those payments from your ex don't come in as they should.
Remember you are still figuring it all out
It is easy to think that you should have parenting down pat without any issues. Forgive yourself when you make mistakes and remember that you are in the midst of a big change right now. You must figure out what works for your family. This sometimes comes with trial and error so don't worry if you don't have everything perfect right away.
Help your children
This isn't just a big adjustment for you. It is also huge for your children. Make sure that you are checking on them and listening to them. Give them a safe place to voice their concerns and try to work through their emotions. Be patient but don't think that you have to let them get away with bad behavior. Set the rules and enforcement right from the start. This establishes healthy expectations and gives them the boundaries that children need.
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