Numerous decisions must be made when parties divorce. Often, one of the more contentious determinations is property division between the spouses. Each may feel that they are entitled to certain assets, but a court must decide what is fair under the circumstances.
Why You Should Hire a Divorce Lawyer
It is somewhat surprising how many married couples decide to initially forego the benefit of the advice and counsel of a family law attorney when faced with a divorce. It is not surprising, however, how many couples, after that initial determination, ultimately end up hiring an attorney. Reasons for electing not to hire a divorce lawyer are many, but typically include fear of high legal fees and/or trying to avoid an unpleasant divorce process.
Parents modify original child support and custody orders
Orders in a divorce surrounding children are often the most difficult to determine. Courts must decide what is in the best interests of a couple's children regarding custody and support for their financial needs. In making such determinations, courts must take into account many factors regarding the parents and children involving their needs and financial situations.
Fathers being granted physical custody more often
Creating a custody arrangement is possibly the most difficult determination a court must make in a divorce proceeding. Any arrangement must be made with the child's best interests in mind, not whether mothers have traditionally been granted custody. Such an inherent bias is a violation of father's rights and should no longer be allowed.
Child Custody Battle Prevents Rapper MIA from Taking Child to UK
A child custody battle between New York Rapper, M.I.A., and billionaire environmentalist Benjamin Bronfman has just begun to heat up. The pair have a four-year-old son together but never married, and they split up in February. In March, Bronfman filed for a temporary restraining Order to prevent his former fiance from taking the child to the United Kingdom. The rapper had reportedly threatened to take the couple's son and move from Brooklyn to London, and the temporary restraining order forces her to keep him in New York.
Many states seeking to prohibit permanent alimony
When a Georgia couple divorces, there often exists a dramatic gap in the earning power of one spouse relative to the other. Since they are no longer sharing assets, this can put one of the spouses at a distinct disadvantage from an economic standpoint. A mechanism that a court can apply to minimize this disadvantage is alimony, but some states are seeking to modify such awards.
Georgia's New Bankruptcy Exemption Effective July 1, 2013
On July 1, 2013, Georgia's new motor vehicle bankruptcy exemption amount will become effective. Now, Georgians may exempt up to $5,000 on their automobiles in bankruptcy. This is a $1,500 increase over Georgia's previous exemption limit of $3,500. Such a change may make bankruptcy a more attractive option for those individuals that have built some equity in their cars.
Father gives up parenting time to avoid paying child support
Divorce is difficult both parties, but even more so when children are involved. It is therefore important that each decision made concerning children is made with their best interests in mind. It can be easy for parents to use them as pawns to get something in a divorce, but the custody and support of the children should be the paramount concern, regardless of the parent's own interests.
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