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May 2013 Archives

New domestic violence law passed in Georgia

A local investigation revealed that people who have a temporary protective order against them in Georgia may still be able to keep weapons. In some cases, women are advised to go into hiding after receiving a temporary protective order in domestic violence cases. Frightened parties are sometimes granted a TPO only to find that their abuser is able to violate the order without being arrested.

How a trust can help preserve assets in a divorce

Some Georgia residents who are preparing to marry may wonder about different ways to protect their assets. As the average marriage age rises, so does the amount of assets that is typically owned by the spouses prior to taking their vows. The average age for grooms is currently 28.7 years old, and for brides, it is 26.5 years, which means couples are marrying later and presumably entering the union with more assets. Many lawyers and financial advisors agree that the best way to protect assets in the event of divorce is by having both spouses sign a prenuptial agreement. However, in a situation where spouses are unable to do this, a trust may help offer some protection.

Don't I Get Half of My Ex's Life Insurance Policy?

Georgia residents may find that their life insurance policies are treated differently than other assets as their marriage is dissolved. During divorce, a judge may order a couple to split the value of checking accounts, saving accounts, CDs, annuities, retirement accounts and insurance policies. However, the type of insurance policy involved typically affects each spouse's respective share in the insurance policy itself.

Are both spouses liable for each other

In a divorce situation, Georgia residents may be concerned about certain financial issues such as debt. Many may wonder if spouses are liable for each other's credit card debts if they get divorced, for instance. Generally, a spouse is not responsible for the other spouse's credit card debt if he or she was merely an authorized user on the account and not a joint account holder. However, there are stipulations that can make this not such a clean-cut matter. For example, whether people live in a community property state or a non-community property state is the primary factor that influences whether or not they are held liable for their ex-spouses' debts. Community property states hold both parties liable for debts unless they can prove otherwise; this is not the case in non-community property states such as Georgia. Even if a judge decrees that one spouse is not liable for a debt in the divorce proceedings, that still does not stop creditors from pursuing that spouse for repayment of the debt since divorce courts have no jurisdiction over third parties. Attorneys advise that, if at all possible, credit card debts should be paid off during the divorce proceedings. This helps decrease disputes when dividing assets and liabilities among the spouses, especially in cases when one spouse accumulated a large amount of debt without the other spouse's knowledge. Experienced family law lawyers may help individuals going through a divorce negotiate settlements that are in their best interest concerning the division of property and advise them about financial matters, such as debt, alimony and the equitable division of shared accounts. Sound planning regarding financial matters is key during a divorce so that the spouses may emerge from the process able to live independently.

How to keep children out of a divorce

When people in Georgia divorce, it can be an acrimonious time filled with arguments and hurt feelings. If a couple has children, this can often negatively affect their offspring, even if the couple has the best of intentions. In spite of the differences that people who are getting a divorce have with each other, they could try to put them aside to focus on keeping their children from being put in uncomfortable situations.

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