Divorce: Uncontested, Contested, and High Net Worth
Ever wonder if you actually need to get an attorney to represent you in a divorce? We think representation is always a smart choice; however, you definitely need to engage an attorney if your spouse has hired an attorney or your divorce includes children or significant financial matters. Whether you’re dealing with a simple no-fault divorce, child custody and support arrangements, or disputes over the division of high net-worth assets, Gibbs Tillery has the expertise to represent your unique interests at every step.
Child Custody & Support
Child custody and support are two of the most sensitive and contentious areas that arise in a divorce. Gibbs Tillery will represent your children’s interests and help you navigate Georgia’s complex laws and regulations, ensuring compliance and avoiding any penalties or negative consequences. With our personalized approach to your case, you can focus on your children’s welfare while we handle the legal issues.
Property Division
Another frequently challenging issue in divorce is the division of property. Georgia’s law states that all assets and debts must be spit on an equitable basis following a divorce. This doesn’t mean a 50/50 spit, which can lead to fierce disputes over what is fair for each party. Items that are acquired during the course of the marriage that are subject to division include:
- Real estate
- Bank accounts
- Investments
- Retirement accounts
- Household items
- Cars
- Marital debts
Cohabitation & Dissolution Agreements
Many partners prefer cohabitation to traditional marriage. However, every relationship is prone to the same troubles. The difference is that laws governing legally recognized marriages don’t apply to cohabitation. This can make resolving issues incredibly difficult if the relationship ends. A Cohabitation and Dissolution Agreement clarifies financial commitments, shared and individual responsibilities, the division of assets and debt, and arrangements for child custody, support, and visitation. If you opt for a non-traditional path, creating a plan is essential to minimize additional contention and heartbreak.
Legitimation & Adoption
Legitimation and Adoption are two important aspects of family law.
When children are born out of wedlock, fathers do not have legal custody or visitation rights. However, they still have an obligation to pay child support. Legitimation is the legal process that gives fathers the same rights to their child as fathers who were married to the mothers of their children.
Adoption is how stepparents become legal parents to their spouse’s children. It’s an exhaustive process involving a home study to ensure the stepparent’s home is supportive of the child’s wellbeing and consent from the noncustodial parent.
Both of these legal processes can be complicated and require extensive experience and knowledge of the laws.
Modifications
There are a number of factors that change over time that may warrant the modification of original divorce agreements. For example, as children continue to grow, circumstances change, and aspects of child support and custody may be significantly different than at the time of the original case.
Key Changes That May Warrant a Modification:
- Increased age of minor children
- Parent relocation
- A change in needs of the child
- Substantial change in either parent’s income (increase or decrease)
- Subsequent children
All of these factors could result in a recalculation of child support that effectively updates the terms of the original case. Most modifications are factored with the interests of minor children as the main focus.
Same-Sex Marriage
Before that watershed moment, same-sex couples weren’t allowed to marry and enjoy the same legal protections as opposite-sex couples. Today, many new options are open to same-sex couples. As a progressive law firm, we understand the unique needs and challenges of LGBTQ+ couples, and we’d be proud to represent you and help you become more aware of your new rights, including:
- Filing joint tax returns
- Adopting children
- Making emergency decisions regarding medical care
- Having access to a spouse’s healthcare and Social Security benefits
- Family estate planning
Pre-and Post-nuptial Agreements
If you don’t create your own pre- or post-nuptial agreement, you’ll have to follow the guidelines of the State of Georgia’s rules should your marriage end. A prenup or postnup is a legally binding agreement you create when you’re operating as your best self that spells out how you want to handle every important detail from asset division and estate planning to child custody and support. Engaging in open and transparent discussions about financial matter before challenges arise can reinforce your relationship by promoting mutual understanding and trust. A carefully tailored pre- or post-nuptial agreement has many benefits, including:
- Conflict prevention
- Preservation of family relationships
- Financial clarity
With the rising cost of living and economic uncertainties that can affect any marriage, having a clear and enforceable agreement provides peace of mind. Our attorneys are adept at crafting custom agreements that strengthen relationships, minimize conflict, and provide a clear framework for asset division and debt allocation should you ever face a divorce.
