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July 2015 Archives

No-Fault divorce can be as contentious as the parties make it

Many divorces may start out as amicable, but getting them to stay that way may involve a bit of luck and a lot of good faith effort by both parties. Although a divorce may be filed as a no-fault divorce, that does not mean that the parties are agreeing to an uncontested divorce. A no-fault divorce in Georgia is based on the claim that the marriage is irretrievably broken, and most divorces ultimately end up being based on that ground.

Children detained in legal dispute released on conditions

Family law attorneys in Georgia and elsewhere are likely familiar with the dynamic that arises in child visitation cases that is generally referred to as parental alienation. It involves a legal dispute about visitation rights in which the non-custodial parent usually files a petition to obtain some degree of time with the children. In response, it is determined during fact finding that the custodial parent has unfairly and unjustifiably vilified the noncustodial parent to the children in such a way that they refuse to visit with the other parent. This tactic, usually carried out by the custodial parent, is universally criticized and soundly rejected by jurists, psychologists and social workers alike.

Georgia divorce rules mandate equitable property distribution

In Georgia, property acquired during the marriage by either party is subject to what is called equitable property distribution. This means that the court will look at a statutorily specified list of factors and determine how to divide the property between the spouses. Thus, the process of property division in divorce in Georgia does not contemplate simply dividing everything equally down the middle.

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