Divorce Planning
Consult with a divorce attorney before the word divorce has been spoken aloud within your marital discourse. The most desired outcome for you and your children is achieved when certain legal preparations and strategies for divorce can be executed before intent is given. Decisions regarding short and long term concerns such as money, taxes, stock and real estate holdings should also be made in advance.
Have plans in place for living arrangements until the divorce can be decreed. Be prepared to conduct yourself in accordance with society’s concept of a model parent or guardian for as long as the divorce process takes.
Contested and Uncontested Divorce
There are two types of divorce in the state of Georgia: contested and uncontested. Please review both types below to determine which divorce may best fit your unique situation.
Contested Divorce
In a contested divorce the spouses disagree over the terms of divorce, or the divorce itself. A contested divorce initiates the divorce process is, and ensures it remains, underway with the court.
It also allows for the formation of temporary court orders for the payment of certain bills, child support and other obligations.
Temporary court orders with consequences can be established in a contested divorce. Should the other party be withholding or hiding income, assets, or leading a deceptive or disreputable lifestyle, a contested divorce allows the discovery process to move forward.
How to Protect Assets in a Divorce
In a contested divorce, the divorce judge awards each party with an equitable division of the marital assets. Equitable does not mean equal, it means “fair” from the judge’s perspective. There are several ways you can ensure that you don’t lose assets before and during this process.
First, terminate any joint bank accounts and remove your spouse as an authorized user on your credit cards. Secure your bank, investment and retirement accounts by changing your passwords.
Next, be on your best behavior! Judges consider your behavior before and during the divorce when awarding assets. Do not antagonize your spouse. Don’t use harsh language or do anything that might be interpreted by the judge as abusive towards your spouse.
Finally, do not attempt to hide assets from your spouse or the court. The judge will find out and it will only encourage them to award a larger amount to assets to your spouse.
Uncontested Divorce
In an uncontested divorce, spouses agree on all terms for the divorce including the division of assets, debt, as well as alimony, child support and custody should there be children.
An uncontested divorce helps preserve the relationship between the spouses while putting less emotional strain on the children.
Temporary court orders and discovery are not part of an uncontested divorce.
So long as neither party changes their mind during the uncontested divorce process, it can move quickly through the courts, and, as it does not go to trial, it can be less expensive than a contested divorce.
When Served with Divorce Papers
If you have been served with divorce papers, it is imperative that we sit down and carefully evaluate your situation as soon as possible. Failure to make the right choices when divorce proceedings begin may prevent access to your property and possibly jeopardize your rights as parent.
Divorce is a legal process; the first step is to call for a consultation to review the facts. Next, we investigate which strategies for divorce will elicit the best long-term solution for you and your children.
Witnesses Win Divorce Cases
We can provide expert witnesses, such as a forensic accountant, financial consultant, and a real estate property and jewelry appraiser. To fully appreciate our proven legal procedures and strategies in aid of high net worth issues and when real estate or stock holdings are at stake, please schedule your free consultation now.