Menu Navigation
William C. Gentry Attorney at Law
Free Initial Consultations
Contact Us Today

Marietta Family Law Blog

Individuals can keep their premarital assets in divorce

Lack of understanding can make divorce a frightening concept. What should be an option for leaving a difficult marriage could instead become an unknown legal procedure that costs you much more than you bargained for. This fear can prevent people from taking advantage of divorce for fear that they will lose many of their assets or custody of their children. For individuals with above average wealth, this asset division could be even more concerning.

What you should know about marriage and asset division is that the law is very clear when it comes to keeping assets that are undeniably yours. An article from Forbes explains the asset division process in-depth, including the mystery of Separate Property and Marital Property. In the simplest terms, Separate Property includes assets that were owned by a party prior to the marriage, but it also includes gifts or inheritance given specifically to one of the spouses. This means that houses or cars that you purchased before the marriage will remain yours even if your marriage ends in divorce. Although a caveat exists that an individual's property once commingled with marital property can lose its status as separate property.

Stable parenting makes a strong custody case

When settling a custody dispute between a divorcing couple, the courts take many factors into consideration to ensure that the agreement reached is best for the child. Oftentimes, this means that courts must make a judgment call on parenting methods that may seem harmless or acceptable to some parents. In instances where you may be battling for child custody, it behooves you to be on your best parental behavior to prove that you are fit for the role. Providing a stable environment goes a long way in showing good parenting.

Divorce can legally split spouses, but not personally

It’s no secret that divorce can be a very lengthy and complex legal process, but that doesn’t mean that there aren’t matters outside of the courtroom that divorcing couples should attend to. It’s a simple fact that divorce will change your life, and unfortunately your relationship with your ex-spouse might take a turn for the worse. For couples who have lived together for an extended period of time, this animosity might manifest itself in cruel and unfair ways.

We’d all like to believe the best in people, but divorce can cause tensions to run very high, and couples who have been sharing their lives might be punished by loopholes in their security, as a recent USA Today article reminds us. The article mentions five things that you can do right now from your home to save yourself a great deal of potential stress if you are going through or have recently gone through a divorce.

Grant Program promotes fatherhood in custody arrangements

It would be wonderful if custody disputes were always easy and both parents parted amicably and agreed to maintain a good relationship for the sake of their children, but this simply isn’t the case. When a marriage ends in divorce, parents can sometimes have feelings of anger or resentment toward their former spouses, and this derision can sometimes cause a rift between a child and his or her parent.

There is relief for fathers who are being or have been denied child custody and they do not necessarily have to struggle alone. There are groups that aim to help fathers reconnect with their children, thanks in large part to the Responsible Fatherhood Grant Program. The program offers grants to groups like Faith in Fathers, which help fathers reconnect with children that they have been unable to see due to circumstances beyond their control.

Child support offense is a crime

American courts take the well-being of children very seriously. In instances of divorce, the courts strive to be fair to both parents, but they almost always put the child's needs first. This includes which parent is granted custody of the child and how much child support is paid to give the child an acceptable standard of living. Because children depend on this money, the justice system is not very lenient when it comes to failing to make payments.

Sixteen child support offenders were recently arrested in North Carolina. Seven of the offenders had outstanding warrants, and they were taken into custody. All totaled, officers visited around 70 different addresses in their search for the child support offenders.

Father's Day arrest warrants issued to delinquent parents

As any parent in Georgia knows, the cost of raising a child is extremely high. With their constant need for new clothes, school equipment, days out and medical expenses, to name but a few things, the bills soon add up. Because of this, the child support system aims to ensure that children receive the financial support they deserve from each of their parents. However, all too often, child support goes unpaid and this can be of serious detriment to a child's quality of life.

In a recent sweep, parents from across the country were presented with arrest warrants and charges. Each of them had a child residing in Harrison County, Indiana, but the parents themselves were spread over several states, including Georgia. Over 25 arrests have already been made as a result of the operation. The amount owed by these individuals, coupled with the remaining 30 for whom warrants have been issued, totals in the region of $1 million.

Could same-sex marriage be legalized in Georgia?

One important role that divorce serves is that it can allow married couples to split from one another with a fair division of assets. Such fair splits can help former spouses adjust financially to no longer being together. Some people may take divorce for granted, but there is a large demographic that can't take advantage of marriage laws in many states, including Georgia. However, it seems that this may not be the case forever.

Whether you are for or against it, the reality is that same-sex marriage is gaining ground in our country. Massachusetts was the first state to legalize it, and, in the following decade, 18 other states and Washington D.C. followed suit. Currently there are same-sex marriage cases being argued to some degree in every state in which such marriages are illegal. Thus, it is a possibility that same-sex marriage could be legal in every state within our lifetime.

Higher-assets mean higher stakes in divorces

Divorce isn’t easy for anyone. From asset division to custody disputes, every divorce has something worth fighting for, and in some cases, the divorcing parties will fight bitterly to retain what they think is rightfully theirs. When couples with above average assets divorce, the heightened stakes of the marital asset division can often make each day in court seem more important. Due to the significantly larger amount of property, high-asset divorces are often much more complex than divorces with average assets.

A good example comes in the divorce case of Michael Moore, the filmmaker responsible for controversial documentaries such as Fahrenheit 9/11. Moore and his wife of 23 years are divorcing. Reports indicate that Moore is bringing high-profile witnesses to testify in a trial that will determine how the couple splits their multimillion dollar wealth, which includes over eight properties between Michigan and New York.

Children benefit from having parents on amicable terms

Just because one parent is given sole custody of a child doesn’t mean that the non-custodial parent is completely removed from the child’s life. In fact, it’s almost always better for a child to have both parents actively and frequently involved, regardless of who is the custodial parent. A Huffington Post blog recently discussed the value of having two parents amicably involved in their child’s life, and the benefits this relationship can have.

The author explained the uncomfortable feelings that plagued her at piano recitals or social events in which her estranged parents were forced to interact. The author then contrasts these feelings of unease with the joy she sees in the child of her friend, who has not let divorce get in the way of co-parenting. This idea is especially relevant to Georgia residents, where “parenting time” tends to see custody arrangements with a near 50/50 split.

Divorce agreements can be modified depending on circumstances

Many aspects of a divorce case can be subject to change. Circumstances and situations are constantly in flux, and while court rulings and legal documents reflect the circumstances in the moment, it’s impossible to completely foresee what might happen in the future. While the courts do their best to treat everyone fairly in a divorce case, the definition of fair can often be different for the two parties involved in the divorce.

Raymond Felton, the point guard for the New York Knicks, has been struggling with a divorce case ever since his wife filed back in February. A large issue in the case comes from the prenuptial agreement, which Felton claims denies his wife any form of alimony. However, his wife claims that he cheated on her, which she said makes the prenuptial agreements completely void.