Divorce is one of the saddest and most complicated legal proceedings in modern life.
With more than half of first marriages ending in divorce, rather than in the death of one spouse, it’s one that you have a 50% chance of experiencing in your lifetime.
One of the things you need to deal with is the division of your property and assets. It’s better to mutually decide what happens to your property when you split up than to have a judge make that decision for you.
Separation of property becomes all the more important once you know a divorce is coming. Make sure you know what’s yours and be ready to make a stand for it. It’s your future.
What Is Non Marital Property?
In a divorce, certain types of property are separate property and not subject to division. These include property that a spouse owned before getting married, inherited property or gifts to one spouse only and part of some personal injury awards. Some states separate income once the couple is formally and permanently separated, prior to the finalization of a divorce.
What About My House and My Business?
Assets in divorce are divided by principles of equitability. In short, fairness. Many people often ask what will happen to their home or their business in the divorce.
In some cases, equitable distribution of property will result in the property being divided equally. In many cases, however, especially with high-value assets that can’t be evenly split, like a house or a business, the division won’t be equal.
How Can I Keep My Property Separate in Divorce?
An agreement to keep property separate can help with important questions of post-marriage property dispersal. Contact the Law Offices of William R. Pike Law LLC. We are Dallas GA divorce attorneys, and we’re here to help you solve all the trickiest problems of marriage dissolution with sensitivity and grace.
Going through a divorce can be difficult in many ways. Not only can a divorce be emotionally draining, but there are challenges to consider, such as the division of property. The Law Offices of William R. Pike Law LLC can help you come to a property settlement that’s fair and equitable.
Marital Property
In Georgia, assets and debts that are collected throughout a marriage are considered to be marital property. It might include income, real estate, investments, as well as other types of assets.
If both spouses can’t agree on how to divide marital property, the courts will determine how the property should be divided. Georgia courts can’t transfer a title from one party to another, but they can award a portion of the property’s value to one spouse. The courts also consider factors like the length of the marriage and contributions that each party made to the household.
Separate Property
Inherited property and property acquired before the marriage is generally considered to be separate property.
During a marriage, couples may share separate assets. For example, many couples combine finances and share a bank account. In these scenarios, separate property may be reclassified as marital property. Property that’s used for the benefit of the household, like a vehicle, can also become marital property.
How Can Paulding County Divorce Lawyers Can Help
If you and your ex-partner can’t agree on how the property should be divided, the best thing you can do is contact an experienced attorney. A lawyer can make sure that all marital property is accounted for and divided fairly during a divorce. Your attorney will be able to handle negotiations and protect your interests throughout this process. The Law Offices of William R. Pike Law LLC have been representing clients in Dallas, GA, and surrounding areas for more than 30 years. If you’re going through a divorce, don’t hesitate to reach out to us at (678) 564-019.
Child Support Enforcement in GA
When parents get divorced in Georgia, they are both still responsible for the financial welfare of their children. During the divorce, an established child support agreement will be determined. The noncustodial parent will be responsible for paying the custodial parent child support to help pay for school, food, shelter, sports, activities, and more. However, sometimes the parent responsible for paying child support fails to meet their obligations. When this occurs, it is possible to go to the courts for help with child support enforcement.
What are the obligations?
Both parents are obligated to support their children financially and emotionally. Therefore, the ordered child support becomes the obligation of the noncustodial parent to pay to the custodial parent to ensure the child is taken care of financially.
What happens when child support payments are not made?
If the parent ordered to pay child support violates or disobeys any child support orders, the judge can punish that parent. If you are the parent who should be receiving child support from the other parent and are not getting the payments, it is best to file a motion for enforcement with the courts. The non-paying parent could be contemptuous and face fines and jail time.
Your Paulding County child support attorney can help you file the court’s motion for missed child support payments.
Can modifications be made?
If there is a significant change in one parent’s income, it is possible to petition the courts to modify the original child support order. A child support attorney in Paulding County GA can help determine if a modification in child support is needed.
How a child support attorney can help
A child support enforcement attorney in Paulding County can help with child support enforcement. If the other parent has not fulfilled their obligations, your attorney can file all necessary paperwork with the courts and appear with you. Call the Law Offices of William R. Pike Law LLC to schedule a consultation with one of our attorneys.
In Georgia, it is the responsibility of both parents to ensure the child’s financial needs are met. When divorced, the noncustodial parent may be required to pay for child support. Many factors are considered when calculating child support in GA, including the income of both parents, the number of children, extracurricular and school activities, child care, and entertainment needs of the child.
If you wonder how child support is calculated, contact a Paulding County child support attorney to learn more and receive assistance with your child support needs.
How is Child Support Calculated in GA?
In Georgia, child support is calculated using various factors. Still, first, the courts need to finalize and determine who will be the custodial parent and who will be the noncustodial parent. Typically, the custodial parent is the parent who has the child more than half of the time. Therefore, the amount of time each parent has is used to calculate child support in GA.
What is considered and taken into consideration?
In addition, to which parent is the custodial parent and which one is the noncustodial parent, Georgia law considers several other factors when calculating child support. To complete child support calculations, the total gross income of both parents is considered.
Worksheets are typically used to list out all sources of income, including wages, commissions, military pensions, retirement account payments, disability payments, investment income, and military pensions. If you are self-employed, some deductions are allowed based on similar deduction items permitted by the IRS.
Are there exceptions?
Georgia does not have any specific exceptions for getting credit or helping offset child support payments before a modification. However, a child support attorney Paulding County can help you with your child support needs.
How a child support attorney can help
A child support attorney in Paulding County GA can help file all necessary paperwork related to your child support case. Call the Law Offices of William R. Pike Law LLC to schedule an appointment to learn more about how child support in Georgia is calculated.
Why is Divorce Mediation Required in GA?
Divorce mediation is required in Georgia because the state believes that it is in the best interests of the parties and their children for the parents to resolve their differences without the need for a lengthy and expensive court battle. Mediation provides an opportunity for the parties to communicate with each other constructively and to reach a resolution that is in the best interests of the entire family.
If you or someone you know is looking for a Dallas GA divorce attorney, look no further than Dallas GA divorce mediation attorney William R. Pike Attorney at Law for all of your mediation and divorce settlement needs.
What requires mediation in regards to divorce and your children?
The state of Georgia requires that before the final judgment of divorce is entered, the parties to a divorce must attend mediation. The purpose of mediation is to encourage the parties to reach a settlement agreement resolving all issues related to their divorce, including child custody and visitation, child support, alimony, division of property, and attorney’s fees. If the parties can reach a settlement agreement at mediation, the agreement will be reduced to writing and signed by the parties. The settlement agreement will then be submitted to the court for approval. If the parties are unable to reach a settlement agreement at mediation, the mediator will prepare a written report detailing the issues on which the parties were unable to agree. The court may then schedule a hearing to determine how those issues will be resolved.
How your attorney can help
If you are considering a divorce in Georgia, it is important to consult with an experienced divorce attorney Dallas GA, at William R. Pike Attorney at Law, who can explain the requirements for divorce mediation and help you protect your rights throughout the process. Contact us today for a consultation. We look forward to hearing from you!
Uncontested Divorce Issues Covered in Mediation
If you are considering an uncontested divorce, or have already decided to proceed with one, you may be wondering what issues can be covered in mediation. The answer is: pretty much anything! While some divorcing couples may find that they only need to meditate on a few key topics, others may want (or need) to mediate on a much wider range of issues.
Some of the most common topics that divorcing couples cover in mediation include:
- Child custody and visitation schedules
- Child support
- Alimony/spousal support
- Property division
- Debt division
Of course, these are just some of the potential topics that can be discussed and negotiated in mediation. If there are other issues that you and your spouse need to resolve to finalize your divorce, they can likely be covered in mediation as well.
If you are interested in learning more about mediation and whether it may be right for you, contact a qualified Dallas GA divorce attorney or mediator in your area today.
How your attorney can help
If you are considering mediation to resolve your divorce, it is important to have an experienced Dallas GA divorce mediation attorney by your side. If you have questions about your rights or what a particular issue may be worth in court, you will need to look to your attorney for answers.
Additionally, your attorney can help you understand the mediation process and what to expect from it. He or she can also help you prepare for mediation by gathering any relevant documentation or evidence that may be needed to support your position on various issues.
Most importantly, your attorney will be your advocate during mediation, working to protect your rights and interests. If you reach a point where you feel like you are not being heard or that the mediation is not progressing fairly, your attorney can help you take steps to address the situation.
If you are considering mediation for your divorce, contact William R. Pike Attorney at Law, an experienced divorce attorney Dallas GA, to learn more about how we can help you throughout the process.
The Stress of the Divorce Process
The ending of a marriage by divorce can be a perplexing ordeal. You have had the best advice and representation from your attorney, but for some reason, it seems that after the judgement has been made, the process is still not complete. The attorney at the Law Offices of William R. Pike Law LLC, your Paulding divorce attorney, will continue to be at your assistance to help update all necessary documents and forms.
Things that should be updated after a divorce
It is very important that you take time to update certain estate planning documents like your Last Will and Testament, Your Health Care Directive, and Power of Attorney, because these are things that address your assets and property, health care wishes, and who you choose as a representative in the case of an emergency. Divorce is a life-changing event, and your Paulding divorce lawyer will help you with changing your beneficiaries, or agents, to ensure that your best interest is maintained.
Other Important Documents to Update
The Paulding County family law attorneys will also help with updating an End-of-Life plan that will outline your personal wishes in regard to your remains and funeral. You can also update your guardian for any minor children. The Law Offices of William R. Pike Law LLC will also help with updating your name change if you choose not to keep your ex-spouse’s family name and return to your maiden name. If you change your name, do not forget to go to the Department of Motor Vehicles to change your driver’s license as quickly as possible.
Divorce is overwhelming, and you need expert legal representation to help you through the process. Allow the Paulding divorce attorney to do all the work involved for you. With over 25 years of service to clients in Georgia, they are the family and divorce lawyers you can trust and depend on.
As the holidays approach, it’s easy to get stressed out thinking about where your children will celebrate these important occasions. Both parents are likely to want to have the kids make memories and participate in holiday traditions with extended family members. Instead of being drawn into an argument with your ex about your children over the holidays, which is sure to stress the kids out, consult your parenting plan for help.
Creating a Parenting Plan with Time Sharing
If you used the services of a divorce attorney Dallas GA, there should be a child custody plan established that sets out what holidays the children will celebrate and how they will divide time on those holidays. If you do not have one, it isn’t too late to create one that you and your ex agree on and file it in the court. In addition to the holidays that fall under your family’s religion, you’ll also need to consider where they will spend school breaks, teacher planning days, and national holidays like the Fourth of July.
How Should You Split the Holidays?
Some popular custody arrangements for parents who split custody of children over the holidays include:
- Alternating where the children spend the holidays each year
- Splitting time on special days by establishing the hours each parent will have them
- Allowing the regular custody schedule to dictate where the children will go
Can Holiday Visitation Schedules Be Modified?
In most cases, the holiday visitation schedule can be modified. In order to make these changes official, both parents must sign off on them in writing and file them with the court. If the parents can’t agree, the matter will have to go before a judge to decide whether to modify. At that time, you will have to have a Georgia uncontested divorce lawyer or family court lawyer help you as you appear in court.
If you can’t come to an agreement with your ex, you might find the services of a Dallas child custody attorney helpful. At the Law Offices of William R. Pike Law LLC, we have the experience and knowledge to help you get a set schedule for holiday visitation with your children.
When a couple is getting married, they may want to discuss and decide ahead of time how they would like to resolve their financial situation before they get a divorce. The written agreement is a prenuptial agreement and documents the couple’s wishes, such as division of property and alimony, if they decide to get divorced. For help writing up a prenuptial agreement or to get answers about what should be included, speak with a divorce attorney Dallas GA.
What should be covered in the agreement?
A prenuptial agreement is a contract two people enter into before getting married. Typically, this agreement spells out what happens should their marriage end. Items to include in the agreement, including how the property (homes, cars, etc.) gets divided, how debts are to be handled, and how to deal with other financial situations in the event of divorce. Additionally, if the couple owns a business, a prenuptial agreement covers what happens to the company and how it will get divided.
A Dallas GA divorce attorney can help ensure everything that needs to be included in a prenuptial agreement.
What is not covered?
There are some things a prenuptial agreement cannot cover. Though the agreement determines who takes care of what bills, it cannot take away a spouse’s responsibility to pay their debts before the marriage. Additionally, a prenuptial agreement in Georgia can never determine child custody or support. The judge makes this determination when filing the divorce based on the needs and best interest of the child or children.
How your attorney can help ensure everything is covered that can be in agreement
Divorce lawyers in Dallas GA can help determine what needs and should be included in your prenuptial agreement. Additionally, the attorney can help negotiate for terms in your best interest. Once everything is agreed upon, the attorney handles all filing of any necessary paperwork associated with the agreement.
Call to schedule a consultation with the Law Offices of William R. Pike Law LLC to discuss your upcoming marriage and prenuptial agreement needs.
Every year, tens of thousands of children are born outside of marriage in the United States. Fathers often assume that, because they have been in a committed relationship with the mother, that they automatically have rights concerning their child. This may be true in some states, but in the state of Georgia, there are no automatic father’s rights. The mother is the only one allowed physical or legal custody of the child. The father would need to go through the process of establishing paternity, and legitimating the child, or lose all legal rights involving the custody and care of the child. The law office of William R. Pike Law LLC can assist you in getting the rights you deserve with your child.
The child custody attorney Dallas GA, can help you with the process necessary to obtain your legal paternity rights. The easiest way to establish paternity is for both parents to sign and file a voluntary acknowledgement of paternity, which can be facilitated with the help of the child custody attorney Dallas, William R. Pike. The next step is to legitimate your child because just having your name on the birth certificate does not establish a legal relationship. The Dallas child custody attorney can help you take this to the Superior Court if the mother refuses any attempt on your behalf to legitimate your child.
The Law Offices of William R. Pike Law LLC is the Dallas father’s rights attorney who can assist you with being a proactive father in the life of your child. Georgia does not grant automatic rights to an unwed father, so you can protect yourself and your child by retaining the father’s rights lawyer and following the process of obtaining legal rights and visitations with your child. Start planning for the birth of your child, or if the child is already here, by visiting the Law offices of William R. Pike Law LLC.
