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How is a Beneficiary Designation Affected by Divorce?

All too often, individuals who are going or have gone through a divorce discover that they have failed to change a beneficiary designation on some sort of asset. In the worst case scenario, an individual passes away without having changed the designation, which causes a whole host of problems if the couple already has divorced.…

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Am I Entitled to Part of My Spouse’s Pension?

Pensions belonging to either spouse may constitute marital property under Georgia law, at least to the extent that the spouse contributed to the pension during the marriage, causing it to appreciate in value. This may be the case even if all or part of the pension is unvested. Typically, if the parties agree or the…

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What is a Domestic Relations Financial Affidavit Form?

Uniform court rules in the state of Georgia require that all participants in a divorce case involving child support, alimony, or other financial issues complete a Domestic Relations Financial Affidavit (DRFA) and sign it under oath. You typically must fill out the DRFA completely and serve it upon your spouse within 15 days prior to…

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Student Loan Debts and Property Division in Your Georgia Divorce

Georgia is an equitable property division state, which means that in a divorce, the parties’ marital property should be divided between them in a fair and equitable manner.  An equitable division, however, does not always mean an equal division.  Georgia law treats debts in a similar manner; all marital debts are divided equitably between the…

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Is It Possible for My Spouse to Get Away With Concealing Assets During Our Divorce?

All too often, spouses in high-asset divorce cases, fearing the worst in a prospective divorce judgement, attempt to conceal or hide assets in order to avoid paying the other spouse additional money or giving up other assets.  High-profile divorces in the media with record-setting monetary judgments also scare spouses into thinking that they will lose…

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Who Gets the Vacation Home in a Georgia Divorce?

It is quite common for families to own a second home or vacation home, either in another part of Georgia or in a different state altogether. As a result, when the couple decides to divorce, they also must decide how to equitably divide the vacation home in their divorce. One simple solution is to sell the…

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What is a Domestic Relations Financial Affidavit?

Rule 24.2 of the Uniform Rules of the Superior Courts of the State of Georgia sets forth the specific form that each person who is involved in any type of domestic relations case must complete and serve upon the other party at least five days before any hearing is held by the court. This Domestic…

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Who Gets Custody of the Pets During a Divorce?

Although Georgia divorce law typically treats pets like personal property, you may view your pet as more of a family member or beloved companion rather than a piece of furniture. Over half of households own one or more pets, and children, as well as adults, often form strong attachments to their pets. When a divorce…

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Military Pensions and Divorce

The division of one spouse’s military pension in a divorce is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408. In all states, including the state of Georgia, military pensions are subject to division in a divorce. Although a few states place restrictions on this division, the state of Georgia…

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