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Alpharetta Georgia Family Law Blog

After-divorce tasks

When couples divorce in Georgia, there are often a lot of details to be worked out. These might include the division of assets and debts, the sale of the family home and deciding whether one spouse will receive alimony. If the couple has children, the situation can become more complex.

Most couples manage to negotiate these matters. However, this does not mean that the work of getting a divorce is finished on the day that a court issues the decree. It is critical for both parties to tie up loose ends before moving on with their lives.

Co-parenting and divorce

Parents in Georgia who are divorced or in the process of getting a divorce and who are in a co-parenting relationship should take care to not involve their children in the divorce. The children may already have a sense that they are stuck in the middle of two parties in conflict, which can encourage them to assume responsibilities that they are too young to assume and that can stunt their emotional and mental development. To avoid this, parents should refrain from using their children as tools of communication with the other parent. The children should also be allowed to speak freely about the other household and their experiences.

Another important element of successful co-parenting is not confusing the children or giving them false hope. They should not be encouraged to believe that their parents will get back together in the future. This will result in the children holding on to the unrealistic fantasy.

Can divorcing spouses share an attorney?

You and your spouse opt to get divorced, and it's far more casual than you ever anticipated. Your spouse agrees that it is the best move for both of you personally and for your family. They back the idea. They agree that they will work with you to divide assets fairly, split up parenting time and everything else.

You even feel like you can stay friends after the divorce. You may not want to stay married, but that doesn't mean you hate each other. You still had some good years together. You love your kids. You want to work together as co-parents, and you plan to.

Divorce and the family business: A complicated relationship

Want to make divorce even more complicated than it usually is? Just try getting divorced when you and your spouse own a business together.

In many ways, splitting up with a business partner, even if the two of you are not related in any way, is much like a divorce. You have to decide how to divide your interests in the company, if one of you gets to keep the business, if you both need to sell, and what the real value of the business is on the open market.

Spouses are using cryptocurrencies to hide their true wealth

Cryptocurrencies may be concerning to family law attorneys in Georgia who are helping their clients go through a divorce some are not familiar with what cryptocurrencies are or how they work. A few years ago, there would have been very little reason for family law attorneys to be concerned that cryptocurrencies would become a factor in the divorces that they handle.

However, in 2017 Bitcoin, a popular form of cryptocurrency, skyrocketed to a value of approximately $200,000 per coin. This meant that individuals who invested a relatively small amount of money in Bitcoin were now sitting on very large fortunes. The result was that these fortunes became part of assets that needed to be considered during divorce proceedings.

The rise of "gray divorce"

Recently, residents of Georgia and the rest of the United States have witnessed the progression of a broadening trend called "gray divorce." This term is typically applied when a person gets divorced after their 50th birthday. Although the nation's overall divorce rate has declined in the past two decades, gray divorce is unquestionably on the rise. Considering how the social stigma surrounding divorce has greatly diminished, it may seem natural that spouses in the older demographic would increasingly go their separate ways.

When a financial dispute leads an older couple to divorce, the divorce is more likely to be a high-asset divorce. If considerable resources are in play, property division and spousal support questions can take on unprecedented urgency. Depending on how alimony or spousal support disputes are resolved, spouses can see their personal standards of living greatly reduced. However court proceedings play out, the end of a long-lasting marriage can make one or both spouses feel aggrieved and betrayed.

Property division in divorce includes retirement savings

Retirement might be years away when couples in Georgia decide to end their marriages. Their savings for retirement, however, will generally be counted as marital assets whether they are held in individual accounts or employer-sponsored plans. Accessibility of funds, penalties for early withdrawal and impacts on Social Security benefits all need to be considered by people negotiating their split.

Individual retirements accounts by their nature only have one name on them, but accounts established during the marriage will be evaluated during a divorce. When negotiating the division of assets, these accounts cannot be distributed without tax penalties prior to the account holder reaching age 59-1/2. Divisions made to workplace pension plans and 401(k) accounts must be executed with a qualified domestic relations order. The advice of a financial adviser knowledgeable about retirement accounts as well as an attorney is often beneficial when preparing this document.

Mistakes people often make after a divorce

Divorce can be difficult, but don't make the whole process harder than it has to be. The way you respond to it defines what your future looks like. Even if your spouse ended a marriage that you did not want to end, you can bounce back and work toward a positive future. You just need to know what mistakes to avoid.

With that in mind, here are a few things people tend to do and how you can avoid them:

The top reasons people file for divorce

Divorce rates in Georgia and across the U.S. have been trending downward over the last few decades. However, when people do choose to end their marriage, it is usually attributed to one of several common factors.

The website INSIDER teamed up with the National Center for Biotechnology Information to discover the most commonly cited reasons for divorce. The researchers surveyed 31 women and 21 men who had taken part in a pre-marriage course called PREP, which stands for "prevention and relationship enhancement program", 14 years ago. They found that there were 11 common reasons that people filed for divorce.

5 things you should never do in your divorce

There are certain mistakes that people make during their divorce processes again and again. Of course, if you've been through a divorce in the past, there's less of a chance that you'll make these mistakes. The problem is that most people going through a divorce have never experienced it before so they're prone to committing some errors.

Here's what you should avoid doing at all costs if you're currently dissolving your marriage:

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