The court issues child custody orders, and while legally binding documents, it is possible to change the orders. Changing the orders must happen through the court, and there are five reasons when you may need to request a modification. 1. Co-parenting challenges Even...
Canton, Georgia Legal Blog
How are retirement accounts divided in a Georgia divorce?
Georgia courts practice the equitable distribution of property when presiding over divorce hearings. A fair resolution is sought based on the circumstances of each divorcing spouse. What exactly does this mean and how does it affect retirement accounts? Equitable...
The condo in Florida and the need for ancillary probate
At the age of 80, your widowed father is still healthy, and, though a long-time Georgia resident, he enjoys spending time in his Sarasota condo during the winter months. When he dies, you stand to inherit that property, but first, an ancillary probate proceeding must...
What happens during probate?
When a person dies with a will, it may need to go through probate. For loved ones, this may mean waiting a while before they inherit what the decedent wanted them to have. The probate process is something that many are not familiar with before having to become so....
Who keeps the horse in a divorce?
Starting the divorce can leave couples with a lot of questions about who will take what property. This concern may be extremely worrisome in the context of animals. People who own horses often tend to love them like family, but working out who will get a horse is a...
What happens during probate?
After an individual dies, much of his or her property may have to pass through a series of legal steps before assets pass on to beneficiaries. Probate is the legal term for this process. If the deceased had a will, the designated executor, or personal representative,...
A Temporary Protective Order may provide security during divorce
If you are facing a high-conflict divorce, you may worry about your spouse’s actions during and after your separation. Whether your spouse is physically or emotionally abusive or you believe he or she may try to take advantage of you financially, a Temporary...
Is it possible to divorce out of court?
If you and your spouse have decided to end your marriage, you may think that litigation is the only path to divorce. Litigation is always on the table, but you have other options. You might choose negotiation, mediation or collaborative divorce. Mediation A form of...
Three common reasons to contest a will
If you agree to serve as an estate executor or administrator for a friend or family member, you must pay estate expenses and distribute property upon his or her death. Usually, this process goes smoothly, but you may experience challenges if a third party decides to...
How to have a more peaceful holiday season with a difficult co-parent
We are coming up on the season of peace, joy, brotherhood and goodwill. However, if your relationship with your co-parent is still a high-conflict one, the holiday season can be decidedly stressful and unpleasant. You may be getting tense already just anticipating...