A prenuptial agreement is a document drawn up between couples before getting married to serve as a form of protection for each party in the event that their union leads to a divorce in the future. Especially for those that have huge amounts of properties and assets to take care of, it would be wise to talk to a Dallas GA divorce attorney at the onset to get this document in order.
Protect Your Assets
It’s only natural that you would want to protect your hard-earned assets. A divorce will divide conjugal assets equally between the couple. Conjugal assets refer to property and assets owned by the married couple. However, it could also include those that were acquired even before the marriage.
If you want to preserve those properties as solely your own, then stipulating that in the prenuptial agreement is a good way to protect them.
Protect Against Inheriting Debt
While it may seem romantic to know that whatever your partner owns is going to be yours as well, it takes on a more worrisome form if the thing being shared between you two is debt. Yes, marriage treats two individuals as one unit, which means that a debt owed by one can be collected from either one of the couple. You can opt out of this less than romantic situation by asking for it from a Dallas GA prenup attorney.
Protect Your Inheritance
Your inheritance is not something that your partner contributed to in any way. This is something bestowed upon you by family, other relatives, or even a previous marriage, and so should be a personal asset. To exempt it from being a part of conjugal assets, seek the help of Dallas GA prenup lawyer.
Stipulate Enforcement Guidelines
A prenup can set up more specific clauses pertaining to its effectiveness. For example, a clause stating that the prenup becomes void if either party becomes involved in infidelity, thereby dissolving all the protections set in place.
The prenup agreement can be as specific as you want. Consult with a prenup attorney such as those from William R. Pike Law LLC to know more.
You’ve probably heard of contempt of court, which basically refers to being disobedient or disrespectful towards the court and its officers, such as the judge, but did you know that there is also specifically such a thing as Contempt of Court with Child Custody?
As any family law attorney would tell you, such as a Paulding GA child custody attorney, this specific type of custody pertains to the offense of substantially interfering in a child custody or visitation rights.
For example, the custodial parent blocking visitation rights, or communication, with the other parent, which is otherwise allowed by the court can be found to be in contempt of court with child custody.
The parent seeking relief may resort to filing a case with the court, with the help of a Paulding child custody attorney.
Child Custody Laws in Georgia
In Georgia, judges involved in a child custody case are required to consider certain factors impacting the child’s best interests. These include each parent’s ability to care for the child, their physical and mental capacity, the strength of bonds with the child, and the kind of home environment they can provide for the child.
Both parents should have equal rights when it comes to arranging who takes custody of the child. But given the listed factors above, the court may also end up awarding sole custody to one parent instead, with the other merely being afforded visitation rights. Although one parent would have sole custody, the visitation rights awarded by the court must be faithfully enforced, to ensure that the parental rights of the non-custodial parent is retained. Otherwise, the case becomes ripe for contempt of court with child custody.
How a Lawyer Can Help
Contempt of court with child custody could have serious repercussions not only on both parents but the child itself. If the non-custodial parent feels that their visitation rights are indeed being infringed upon, then it is recommended to seek counsel from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC.
The lawyers can help file the case before the court, as well as present evidence proving the claim, so that the non-custodial parent can get the enforcement they need for the visitation rights.
Child custody is one of the more difficult points of contention during a divorce. Depending on how amicable or hostile the situation is, the couple may need to hire a Paulding GA child custody attorney as well to make sure they protect their parental rights.
That situation is pretty clear-cut, but what if the custody battle takes place outside of a divorce because the parents of the child are not married to begin with? Do unmarried mothers have to file for custody in court?
Child custody laws in Georgia for unmarried mothers
In Georgia, unmarried mothers get sole custody of the child by default, therefore they do not need to file for child custody. Instead, it is the father who would have to file for visitation rights with the court.
Even with the paternity established, this does not mean that the father can immediately have custody. The issues of custody and visitation have to be pursued and ordered separately, all thought such can be done in the same legal action.
Determining paternity can be as simple as having the father sign in the birth certificate recognizing the role. In case of doubt, genetic testing may also be completed, and then filed with the courts through the help of a Paulding child custody attorney.
How a lawyer can help
For child custody cases, whether or not the parents are married, it is advisable that they seek help from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC.
They can help file the necessary paperwork required by the court to facilitate the case, gather evidence to present viability for custody, as well as prepare strong arguments to support the case.
The court will be judging the matter of child custody based on the best interests of the child. It is therefore up to the non-custodial parent to make a strong case before the court so that they can earn more rights as a parent, and be given the opportunity to be with their child.
Do Unmarried Mothers have to file for custody?
Child custody is one of the more difficult points of contention during a divorce. Depending on how amicable or hostile the situation is, the couple may need to hire a Paulding GA child custody attorney as well to make sure they protect their parental rights.
That situation is pretty clear-cut, but what if the custody battle takes place outside of a divorce because the parents of the child are not married to begin with? Do unmarried mothers have to file for custody in court?
Child custody laws in Georgia for unmarried mothers
In Georgia, unmarried mothers get sole custody of the child by default, therefore they do not need to file for child custody. Instead, it is the father who would have to file for visitation rights with the court.
Even with the paternity established, this does not mean that the father can immediately have custody. The issues of custody and visitation have to be pursued and ordered separately, all thought such can be done in the same legal action.
Determining paternity can be as simple as having the father sign in the birth certificate recognizing the role. In case of doubt, genetic testing may also be completed, and then filed with the courts through the help of a Paulding child custody attorney.
How a lawyer can help
For child custody cases, whether or not the parents are married, it is advisable that they seek help from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC.
They can help file the necessary paperwork required by the court to facilitate the case, gather evidence to present viability for custody, as well as prepare strong arguments to support the case.
The court will be judging the matter of child custody based on the best interests of the child. It is therefore up to the non-custodial parent to make a strong case before the court so that they can earn more rights as a parent, and be given the opportunity to be with their child.
The idea of prenuptial agreements has been there for some time. But most people seem not to have much knowledge about another type of agreement couples can make known as postnuptial agreements.
Unlike prenuptial agreements, postnuptial agreements happen after a marriage has been formalized. A Paulding divorce attorney can help you draft a postnuptial agreement that is favorable to both sides.
What is a postnuptial agreement?
A post-nuptial agreement is almost similar to a prenuptial agreement. The only difference is that post-nuptial agreements are entered into during a marriage unlike prenuptial where the two partners sign the agreements before formalizing the marriage.
In a post-nuptial agreement, the couple agrees on how their assets and debts will be divided in the event of a divorce or death. In most cases, a Paulding divorce lawyer is usually involved in the drafting and signing of the agreement.
What makes a postnuptial agreement valid?
There are several things that must be contained in a post-nuptial agreement to make it valid. Here are the main requirements:
- Written: An oral post-nuptial agreement can’t be considered legally binding. You must get a Paulding county divorce lawyer and have it written.
- Voluntary: All parties signing the agreement must do so without any form of coercion. Any indication that a spouse was threatened to sign will invalidate the agreement.
- Fairness: a postnuptial agreement is not supposed to be biased to one side. There must be an element of fairness to both spouses.
- Disclosure: all parties must declare all their assets and liabilities before signing the agreement
Is it possible to make changes?
Yes, it is possible to change the contents or terms of a postnuptial agreement. All you have to do is to agree with your partner and talk to a Pauling county post nuptial attorney.
If you have already entered into marriage and are considering a postnuptial agreement, Law Offices of William R. Pike is always open for consultation.
One of the most contentious issues during a divorce is child custody. This is because no parent is ever willing to let go of the custody of their child. That’s why the services of a Paulding divorce attorney are very important.
Types of child custody
There are two types of custody recognized by the state of Georgia – legal and physical custody. Physical custody is where a parent physically lives with a child. Both parents can share physical custody in what is known as joint custody or one parent may be granted sole custody rights.
In the case of joint custody, both parents have equal rights in terms of time spent with the child. For instance, one parent can stay with the child for four nights a week while the other gets three. Sometimes you will need a Paulding divorce lawyer to put such agreements in writing.
If one parent is granted physical custody of the child, then he or she will have a greater say in terms of legal, medical, educational or religious affairs of the child. But in most cases, a judge will issue joint child custody.
Best interest of the child
According to Georgia’s custody laws, a judge is supposed to make a custody decision based on a child’s best interests. It is also important to hire an experienced Paulding county child custody lawyer during the hearings.
A judge will also consider other factors such as the mental status of each parent, history of physical abuse, emotional ties of the parent to the child, the financial ability of each parent among others.
Another major factor that may determine the decision of the judge is how a Pauling county child custody attorney argues the case.
Parenting plans
The law of Georgia demands that parents filing for a divorce must present a parenting plan before the court as long as the child custody issue is in question. Having a qualified lawyer from Law Offices of William R. Pike Law will be an added advantage.
After a separation where a child is involved, the parents must figure out how time will be spent by the child with each of them. In many cases, it is difficult for the parents to reach this agreement on their own, so they must get the family court involved to make the decision. Prior to attending a hearing in front of a judge to state how the child’s time will be spent, it is best to consult a Paulding divorce attorney. A lawyer will help you to prepare your request for this arrangement to be presented to the judge.
Visitation and Custody
Custody is decided based on the best interest of the child and on which parent has offered the most care. The parent that is not granted physical custody — where the child will spend the majority of their time — is given visitation where they have time to spend with the minor child. In some instances, the visitation must be supervised and a judge will make this determination if the parent with visitation is a risk to the child’s safety. A Paulding divorce lawyer can help with this request if there is a concern for the child when they will be with the parent who has visitation rights.
If you have gone through Pauling County divorce mediation and still need further help from the family court to decide which parent will have custody and visitation, an attorney can help you. A Paulding County divorce lawyer will explain the entire process of how custody is decided and the type of information that you need to submit. They will also help you prepare the necessary forms and will be present in court when you have to go before the judge.
At the Law Offices of William R. Pike Law, our attorneys will help you get the parental visitation you are entitled to. Contact us for a consultation.
Georgia is one of the states with the highest individual debt rates in the country. That’s the reason why the issues of financial debts can complicate a divorce process. But with an experienced uncontested divorce attorney, things can work much faster.
Domestic Relations Financial Affidavit
A domestic relations financial affidavit is a statement made under an oath listing all assets of an individual as well as a summary of their monthly income, expenses, and debts owed. In other words, it is a brief summary of your financial status.
Why is a Domestic Relations Financial Affidavit necessary?
Domestic Relations Financial Affidavits official requirements by the state of Georgia. It is often requested by a judge in case of an uncontested divorce. The court uses it to decide the right amount of child support to be offered by each parent.
You can always consult with a Dallas GA Dallas GA divorce attorney if you are not sure how to go about the issue of financial debts.
How debts are divided
Considering the fact that Georgia has a high number of individual debts, the divorce process must also be about how the debts will be paid after the separation.
Therefore, before starting the discussion about the divorce, it would be good to understand your financial status. This will equip you well for the discussion about divorce. A Georgia family attorney will come in handy during this process.
Determining who holds liability
Just like assets, there is separate and marital liability. All debts incurred in the course of a marriage are considered marital and both of you are responsible for servicing them even after divorcing.
But if you had a student loan prior to getting married, then you are solely responsible for repaying it. A Georgia family lawyer can also advise you on this.
To understand more about financial debts and uncontested divorce, you can talk to the Law Offices of William R. Pike Law.
Going through a divorce can be a long and frustrating experience in some situations, and the state of Georgia has taken steps to alleviate some of the process problems. Divorcing can be an easy decision for some, but some factors can still result in denial. The difference is that an uncontested divorce in Georgia takes much less time than a contested divorce, and a contested divorce is also actually more expensive regarding court costs and filing fees. Qualifying for an uncontested divorce can also be difficult, which is why it is important to have an experienced divorce law firm in Dallas Georgia like the professionals at the Law Offices of William R. Pike representing the case.
Child Support
Even when divorcing parties are agreeable to the split and have worked out an agreement for dissolution of marital assets, there can still be an issue with child support. The state requires adequate financial support for all affected minor children. Agreements that do not at least include the minimum amount of support can be denied by the judge who acts as an advocate for the children.
Religious Barriers
While most divorce processes focus on legal specifics, marriage can also have a strong component of religion. All religious barriers must be removed from the finalization regarding remarriage. There are times when a spouse can contest the other spouse remarrying after the fact. Dallas GA divorce attorneys at Pike Law Office understand this can assuredly complicate a divorce case and can negotiate an agreement or take the case to court to enforce individual rights of their client.
Residency Requirements
Another technicality involving divorces in Georgia is time of state residency. At least one party must have lived in Georgia for over six months for the divorce to be granted in an uncontested format.
Contact a Divorce Law Firm in Dallas Georgia
Even though Georgia does make an uncontested divorce available in most situations, all rules must be satisfied being the divorce is final. The state generally still requires all divorcing parties to have legal counsel. Always call the Law Offices of William R. Pike Dallas GA divorce attorneys for comprehensive representation.
When you’re thinking about divorce, you might hear about uncontested divorce. The idea of not having the stress and strain of a long, drawn-out divorce process may sound great to you. How do you know if you qualify for a contested divorce?Is it right for you? The Dallas GA family lawyers at the Law Offices of William R. Pike explain.
Uncontested divorce criteria
The uncontested divorce criteria are child custody, child support, alimony and division of the assets. To have an uncontested divorce, the parties must agree about those four things. The parties don’t necessarily have to be happy with the agreement, but they have to be willing to settle the divorce on those terms. The parties may or may not choose to work with divorce attorneys in Dallas GA.
Eligibility for uncontested divorce
To to be eligible for an uncontested divorce, the parties must agree on four different topics:
Child custody
– Perhaps the most stressful thing in any divorce is the issue of child custody. To be eligible for an uncontested divorce, the parties must agree on a child custody order. The order may be general or specific.
Child support
– Although child support awards are guided by mathematical formulas, the parties can still agree on an appropriate amount. They must agree on child support in order to have an uncontested divorce.
Alimony
– To have an uncontested divorce, the parties must agree on whether either person pays alimony, how much they pay and in what duration.
Division of the assets
– Parties in an uncontested divorce must agree on how to divide assets like retirement plans, the value of the home and bank accounts.
Contact our Dallas GA family lawyers
The divorce attorneys in Dallas GA at the Law Offices of William R. Pike can assist you with your divorce. They can help you understand if you qualify for an uncontested divorce, and they can help you exercise your rights. Call today.
When parties to a divorce agree on all of the major terms or if one party chooses not to challenge anything, then it is considered an uncontested divorce. In some uncontested divorces, important details are disregarded. This can result in issues in the future when questions or disputes arise. To help ensure that an uncontested divorce is completed correctly and that all important details are addressed, you should contact the Dallas Georgia divorce lawyers from the Law Offices of William R. Pike.
What should be addressed in an uncontested divorce?
While every divorce is unique, there are a few general issues that frequently arise. This may include:
- Specifics about property division
- How debts are to be divided and paid
- Whether spousal support is required and for what duration of time
- Child custody schedules and terms
- Child support
A divorce decree should contain sufficient detail so there are not questions remaining. Each party’s obligations and rights should be clearly defined. With a complete and comprehensive divorce you will avoid potential conflict in the future.
Why should you consult with an attorney?
By working with a family law firm in Dallas GA, you will be able to identify specific details that need to be addressed in the divorce. An attorney can provide advice about the best way to address these issues. Dallas Georgia divorce lawyers can help draft the divorce papers in such a way as to avoid ambiguities and confusion.
Our family law firm in Dallas GA has experienced attorneys who strive to help our clients complete uncontested divorces in a thorough and efficient manner. For legal representation and advice with the divorce process, contact our the Law Offices of William R. Pike. We will discuss with you different options and provide our opinions about how to proceed with your case.
