Chattahoochee County Georgia custody attorney

Chattahoochee County Georgia custody attorney

Marital breakdown and Abuse in Harris County Georgia

In the 1970s, Georgia began to accept what is known as the irretrievably broken marriage which in essence created a no-fault ground for divorce. All that needs to be demonstrated is that the marital differences cannot be resolved and that the spouses seek a change in their marital status. The only issue is if any prospects for reconciliation exist. Under GA law, irretrievably broken is the most popular means for obtaining a divorce in a Georgia court. The trial court will in an irretrievably broken marriage grants the divorce to both spouses equally and no fault is assigned.

For cruel treatment, to be the reason for awarding a divorce in GA , must include of the willful infliction of pain, bodily or mental, upon the aggrieved party, that reasonably justifies fear of danger to life, limb, or health. Georgia divorce courts will recognize continous acts of violence as a basis for diovrce however a single act of violence does not constitute cruel treatment unless the act is of such an atrocious nature that the circumstances indicate a probability of further acts. While mental cruelty will also be grounds for a divorce in GA, not all mental cruelty will be ground for divorce.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Divorce lawyers in Muscogee County Georgia

Divorce lawyers in Muscogee County Georgia

Chattahoochee County Georgia divorce attorneys

DISCLOSURE: The law mandates both spouses to provide the other with all information related to their property, income, assets and debts. This is known as Full Disclosure. Failure to fully disclose all relevant information or concealing information can have grave consequences. Its important to be precise in detailing assets and debts.

HEALTH INSURANCE: Unless it is agreed upon and part of a marital settlement agreement, one spouse covered by health insurance does not have to pay health insurance premiums for the other spouse proceeding divorce. But, the spouse having no insurance coverage may continue the coverage at his or her own expense for up to 3 years at the same or similar rates. To avail of this right, the spouse not covered should notify the other spouses insurance company within 90 days of the final decree.

Child Support Payments and Divorce

Fixed payments for child support are not deductible for tax purposes. If the amount paid is lowered conditional on the child – like as reaching a specified age, dying, leaving school or marrying - the amount of the specified reduction is considered as child support.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Divorce and Taxes in a Columbus Georgia contested divorce

Divorce and Taxes in a Columbus Georgia contested divorce

Muscogee County Georgia divorce lawyers

A person will be considered as unmarried for tax purposes at the end of a tax year if the taxpayers spouse is legally separated from the taxpayer under divorce decree or separate maintenance contract at the end of the tax year.

A married taxpayer will be considered as unmarried and be eligible for head of household status if the taxpayers spouse was not a member of the household for the last six months of the year and the household is the home of a dependent child.

Liability on Joint Return

You may request relief from liability for tax, plus connected penalties and interests for which you consider that your former spouse should be liable.

Innocent Spouse Relief is available if you: (1) filed a joint return and (2) are no longer married to or are legally separated from the spouse with whom the joint return was filed.

Dependency Exemptions

Usually the dependency exemption for children of divorced taxpayers will apply to the parent who has custody of the child for the greater part of the calendar year.

Alimony and Spousal Support

Generally, spousal support and separate maintenance payments are income to the receiving spouse and are deductible by the payer.

If you have any questions about the tax consequences of a divorce, you must speak to a divorce lawyer.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Marital Settlement Agreements in a Columbus GA divorce

Marital Settlement Agreements in a Columbus GA divorce

Muscogee County GA divorce lawyer

A settlement agreement spells out the terms of the divorce and the relationship between the two spouses subsequent to the divorce. These agreements generally cover property division, child custody, child plans, debt division, spousal support and any other relevant issues arising from the divorce.

While it is not mandatory, filing a marital settlement agreement does have some advantages:
• Provides all of the understandings in writing, eliminating doubts.
• The parties may not have to go to court. The judge can uphold the written agreement if its written correctly and includes all material aspects of the divorce.
• Shows to the court that major issues were worked out, and the case will move more quickly though the system.

Marital settlement agreements may be executed at any time prior to the final order. They are typically filed with the final decree.

If a party is on welfare, the DAs office may be required to review and sign the marital settlement agreement prior to court filing.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Retirement Benefits in an Columbus GA uncontested divorce

Retirement Benefits in an Columbus GA uncontested divorce

Harris County GA divorce lawyers

Accrued or vested retirement benefits are Community property. Therefore they should be divided in a divorce. Retirement benefits falling under Marital property include military pensions, veterans educational benefits, ERISA funds, IRAs, Keoghs, Employee Stock Option Plans (ESOPS), 401K and 403K plans, etc.

Few retirement benefits are not considered as Marital property. These are:
• Social Security payments
• Compensation for military injuries
• Workers compensation disability awards

Irrespective of the duration of the marriage, retirement benefits must be discussed and settled. For example, the petition, marital settlement agreement and judgment should all provide either for the spouses waiver of retirement benefits or the division of any such benefits. A party should waive retirement benefits only if that partys share is worth very little.

There are two methods for dividing retirement benefits: (1) the present-day valuation buy-out, and (2) division into two accounts. In the former, the party without the retirement benefits considers the present-day value of his or her interest in the retirement benefit and trades it for something else of equal value, such as cash or other assets. Stock options and pension plans where a person must work for a certain number of years may be worth more than you think. It is wise to use the services of a professional pension actuary or appraiser before taking a decision.

When dividing a retirement account, you must make sure you dont lose any tax advantages. A Qualified Domestic Relations Order (QDRO) is required to transfer a share of retirement funds from the spouse participating in the retirement plan to the other spouse.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Columbus Georgia attorney

Columbus Georgia attorney

In Georgia divorce or dissolution of marriage, can be filed by either spouse to terminate the marital relationship. Upon completion of a Georgia divorce, the parties are restored back to single status. The court will also issue any required judgements for child support and custody, alimony and the division of community and separate assets and debts.

There are currently no provisions for a simple divorce in GA. A general divorce must be filed on either no fault grounds or on fault grounds.

A legal separation can be filed by a married person wishing to maintain the marriage but physically separate and try to sort any problems in the marriage.

An annulment is obtained so as to nullify the marriage and disallow its existence, returning the parties to their prior single status, as if they never married. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion. An annulment may not be granted if there are children born of the marriage, and the marriage may only be dissolved through divorce.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Columbus GA divorce law firm

Columbus GA divorce law firm

Adultery and Desertion in Chattahoochee County Georgia

Adultery is the voluntary sexual intercourse between a married person and another person who is not their married spouse.

Adultery committed by either party is grounds for divorce in GA . An extramarital affair in Georgia is defined as intercourse with a person other than his/her spouse. Therefore, same sex intercourse constitutes An extramarital affair in GA .

Proof of An extramarital affair can obviously be tough. Confessions by one spouse to another must be looked at with extreme caution and generally require to be corroborated by independent evidence. However, seldom does direct evidence of An extramarital affair exist. Circumstantial evidence is permitted. An extramarital affair committed after a separation of the parties will be a grounds for divorce.

Georgia divorce law permits for divorce by showing that one party has deserted the other. Three elements must be established to get a divorce in Georgia for desertion:

1) Willful Absence--The purported wrongdoer must have the intention to desert. The absence should be willful and not justified by the conduct of the other spouse or with the other spouses consent.

2) Cessation of Cohabitation--This may be established by either showing physical absence or denial of conjugal relations with the intention of casting him/her off as a spouse completely.

The desertion should be for a year and be continuous for that year and for that period immediately before the filing of the petition for divorce.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 - www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce - GA Contested Divorce - Separation - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases - Child Custody modification - Child Support Modification - Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.