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Divorce and Eligibility for Social Security Benefits

Posted by on Apr 20, 2017 in Divorce | 0 comments

Divorce and Eligibility for Social Security Benefits

If you are in the process of obtaining a divorce, then you may be wondering if you will be eligible to receive Social Security benefits. Even though women today are sole breadwinners for the family, women generally are seen to earn less income than men. Due to the economic disparities between husband and wife, husbands often receive higher social security benefits than wives do. But how does this play out in an event of divorce? Does Social Security Benefits count as a marital asset? You may be asking all these questions to yourself....

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Prenuptial Agreements: Making Divorce Easier

Posted by on Aug 31, 2016 in Divorce | 0 comments

Prenuptial Agreements: Making Divorce Easier

Most people that have been through a difficult divorce will recommend a prenuptial agreement (also referred to as a premarital agreement). No one gets married planning for it to end in divorce; but sometimes even the happiest marriages in the beginning do not always last. Getting married, but concerned about your future after the marriage? Uncertainty about divorce, alimony, assets and debts can be avoided by having a Prenuptial Agreement is in place before the marriage. What Is a Prenuptial Agreement? A Prenuptial Agreement is a contractual...

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Bankruptcy’s Impact on Immigration Status

Posted by on Aug 29, 2016 in Bankruptcy, Immigration | 0 comments

Bankruptcy’s Impact on Immigration Status

Bankruptcy and Immigration are both under the jurisdiction of the U.S. federal courts, but administered by separate divisions within the federal court system.  Leaving your country for the start of the better is the most exciting and challenging thing one can ever think of doing. United States is known as the land of opportunities, freedom, and a start to live American dream. The cost of immigration can be high and sometimes many jobs do not pay as well as one would hope. Adding the stress of how immigration status can be affected by existing...

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How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

Posted by on Jan 7, 2016 in Bankruptcy, Divorce, Family Law | 0 comments

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

How Will My Spouse’s Bankruptcy Affect My Divorce? If your spouse files for bankruptcy in the middle of your divorce case, then your divorce case is usually “stayed” or temporarily stopped by the bankruptcy court. The bankruptcy court does this because the assets and joint marital property then become part of the bankruptcy proceeding. This means that once a bankruptcy is filed it will temporarily prevent the property from being divided during the divorce. Therefore the bankruptcy will stop all collection activities and the disposition...

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Advice for Father’s in Divorce

Posted by on Oct 27, 2015 in Divorce | 0 comments

Advice for Father’s in Divorce

Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated.  This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit.  Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family.  However, there are ways...

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Is Separation Right For You?

Posted by on Sep 29, 2015 in Divorce, Family Law | 0 comments

Is Separation Right For You?

We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce.  The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action.  And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage.  Below is a discussion of other...

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Pets and Divorce in Georgia

Posted by on Aug 28, 2015 in Divorce | 0 comments

Pets and Divorce in Georgia

Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...

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What is a Standing Order in a Divorce Case?

Posted by on Aug 27, 2015 in Divorce, Family Law | 0 comments

What is a Standing Order in a Divorce Case?

When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders.  In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct.  A violation of any of the standing orders can result in some jail time due to being in contempt of the court.  The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...

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Georgia Same-Sex Divorce Issues

Posted by on Jul 24, 2015 in Divorce | 0 comments

Georgia Same-Sex Divorce Issues

With the recent decision by the Supreme Court legalizing marriage between same-sex couples in Georgia and throughout the county, there will most likely same-sex divorces in Georgia the near future.  Divorces between same sex couples were not highly common.  One of the reasons being because not many state recognized their marriage in the first place, meaning that unless they were in the state they were married in and even then that state might have residency requirements and other requirements.  So unless the couple was willing to meet all the...

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Georgia Bankruptcy FAQs

Posted by on Jun 22, 2015 in Bankruptcy | 0 comments

Georgia Bankruptcy FAQs

In today’s time, being in debt and having to file bankruptcy is not an uncommon thing. Some people have debts that they can live with and slowly pay off, however, some people are living with a debt that they cannot pay off and to make matters worse, the debt keeps getting bigger. Some of those people that are in huge amounts of debt do not know that they have bankruptcy as an option, and those that do know simply refuse to use bankruptcy because of the negative views it has gotten from the media. Some people just don’t the benefits that...

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Divorce Advice for Spouses of Professionals and Business Owners

Posted by on Jun 16, 2015 in Divorce | 0 comments

Divorce Advice for Spouses of Professionals and Business Owners

Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...

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What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

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Can Child Support be Discharged in Bankruptcy?

Posted by on Apr 2, 2015 in Bankruptcy, Divorce, Family Law | 0 comments

Can Child Support be Discharged in Bankruptcy?

Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...

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Does Filing for Bankruptcy Affect a Job?

Posted by on Mar 23, 2015 in Bankruptcy | 0 comments

Does Filing for Bankruptcy Affect a Job?

It is natural to worry about what kind of effect filing for bankruptcy will have on your life. The filer may worry about his employer finding out they filed for bankruptcy and what may happen if they did find out or what kind of impact bankruptcy can have on any potential jobs in the future. To clarify, it is possible that an employer could find out about an employee filing for bankruptcy, the good news is that typically a bankruptcy does not have any impact on their job. Does Filing for Bankruptcy Mean You Lose Your Job? Filing for...

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What is Bankruptcy Fraud?

Posted by on Feb 13, 2015 in Bankruptcy | 0 comments

What is Bankruptcy Fraud?

Bankruptcy fraud is considered a “white-collar crime” one that requires premeditation, an intent to commit a crime and legal bankruptcy paperwork.  There are four main different types of bankruptcy fraud which include: Concealment of Assets: The debtor conceals assets to prevent from the assets being liquidated or seized. The debtor may try to hide the items location, report the items stolen, or temporarily transfer the items to family and friends. False Information: The debtor files forms with incorrect information or forms that are...

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