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.
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.