Why Would Someone Want a Prenup?
Prenuptial Agreements An Antenuptial or Prenuptial Agreement is commonly referred to as a Prenup. The Prenup is... Read More
How is a House Split in a Divorce?
Equity in the Marital Home In many divorces, the equity in the marital home is the largest marital asset to... Read More
Are Assets Always Split 50/50 in a Divorce?
Division of Assets No. Assets in a divorce are not always split equally (50/50). Georgia is an equitable... Read More
How Marital Property Can Become Separate Property
Navigating the Fine Line: Marital v. Separate In some cases, the actions of married parties can transform... Read More
How Rising Mortgage Rates Can Impact Your Family Post-Divorce
Dividing the Marital Home When considering a major life decision, at Meriwether & Tharp, we understand it... Read More
What Is Considered Marital Property in Georgia?
How is Property Divided in a Divorce? In most Georgia divorce cases, one of the core issues is how debts and... Read More
Equitable Division Why Accurate Value of Marital Assets is Important
In Georgia, marital assets are divided equitably upon a divorce. This means that the assets will be divided fairly... Read More
Georgia Case Law Update – Sutherlin v. Sutherlin (Part 2)
The blog entitled “Georgia Case Law Update – Sutherlin v. Sutherlin (Part 1)” discussed one... Read More
Georgia Case Law Update – Sutherlin v. Sutherlin (Part 1)
After finalizing a divorce action, some former couples are able to move forward with their lives and not look back.... Read More
Divorce in the UK – Getting More Than Half If You Are A “Genius”
When it comes to dividing marital assets in a divorce, the states in our country do not all do it the same way. Some... Read More
Cohabitation without marriage – What happens to the house?
Couples often cohabitate before getting married and, many times, they live together in a home that is owned by one... Read More
Equitable Division Impacted by Conduct of Parties
In Georgia, each spouse is entitled to an equitable share of all marital property acquired during the marriage upon... Read More
Divorce and the Standoff Over the Marital Home
Divorce is always a difficult transition. It can be made much more frustrating when one spouse is doing all he/she... Read More
Is my Inheritance Marital Property?
Although this is a common question, it is also a very complicated one to answer, because as with many issues... Read More
Buying a House Post-Divorce? Seek Child Support and Alimony by Check
Generally, recipients of alimony and child support would be more than glad to receive their payments by direct... Read More
Studies Suggest Debt is the Most Harmful Relationship Issue
When considering the most common precursors to divorce, issues such as infidelity, abuse, lack of communicating, and... Read More
Divorce Myth – All Marital Property Will Be Divided In Half
When a family law attorney meets with a prospective client for the first time, that attorney often has to spend time... Read More
Badmouthing Your Ex Can Cost You – Literally
When going through a divorce, you likely do not have feelings of love, or even like, toward your soon to be... Read More
How to Mitigate Litigation Costs in High Asset Divorce
More money more problems. Although this adage is not commonly used in the context of divorce, it may ring very... Read More
Is Life Insurance Marital or Separate Property?
In the case of Frankie Valli v. Randy Valli, the California Supreme Court answered the above stated question: life... Read More
Professional Degrees are Not Subject to Division in Georgia Divorce
Obtaining a professional degree, such as a law degree, medical degree or a degree in accounting or business is an... Read More
Recognizing Rare Types of Divisible Property in Georgia Divorce
There are four main aspects of divorce in Georgia: child support, child custody, alimony and equitable distribution.... Read More
Who Should Keep the Marital Home Post-Divorce?
Unfortunately, there isn’t a“right” answer to the question of who should keep the marital home... Read More
The Four Parts of Georgia Divorce: Equitable Division
As discussed in our original post entitled "The Four Parts of Georgia Divorce," Georgia is an equitable distribution... Read More
Post-Divorce Financial Planning for Divorcées 50 and Over
Divorce is scary, emotional and stressful at any age, especially after a long-term marriage. After years of creating... Read More
When Should the 401(k) be Valued for Divorce?
One of the mistakes made most often by individuals going through the divorce process in Georgia is failing to... Read More
Can My Spouse Use My Retirement Information in Court?
Mistakenly, many individuals believe it is possible and advisable to conceal the fact they have certain assets... Read More
I’ve Only Been Married for a Year, Can My Spouse Get Half of My Retirement?
Whether couples have been married for 6 months or 60 years a common question upon divorce is: "Can my spouse get... Read More
What happens to the marital home after a divorce?
In Georgia, marital assets are subject to equitable division in a divorce action. The martial home is an asset... Read More
Do I Have to Wait Until My Ex Retires Before I Receive My Share of His 401(k)?
The short answer to this question is: No, as long as your ex-spouse’s retirement account is indeed a 401(k).... Read More
In Georgia, Equitable Division Does Not Mean Equal
Unlike some states such as California or Arizona, Georgia is not a community property state. This means that unlike... Read More
My Spouse Won’t Sign the QDRO
The divorce is final. The issues of child support, alimony and property division have been finalized, and you were... Read More
Can I Reopen My Georgia Divorce to Divide My Ex-Spouse’s Retirement?
The brief answer to this question is: It is generally not possible to "reopen" or modify the division of property... Read More
Can My Spouse Take My Inheritance During a Divorce?
The brief answer to this question is: Not generally. But, as with every other question regarding Georgia's domestic... Read More
Am I Entitled to Receive a Portion of My Ex-Spouses Social Security Benefits?
The short answer to this question is: It depends on the circumstances and duration of your marriage. However, if... Read More
Celebrity Divorce Chronicles: Richard Gere v. Carey Lowell
Unfortunately, it seems as if the marriage of critically acclaimed actor Richard Gere may be going the way of... Read More
Hidden Costs of Georgia Divorce
Attorney's fees, expert testimony costs, home appraisal fees, alimony, child support, and property division. These... Read More
I Cheated on My Spouse and I Want a Divorce. Does My Adultery Matter?
As divorce attorneys, we represent individuals from all walks of life – men, women, individuals who are defending... Read More
Celebrity Divorce Chronicles: Michael Moore v. Kathleen Glynn
Michael Moore, a filmmaker who is best known for his movie “Fahrenheit 9/11” is seeking a divorce from his wife... Read More
Separate property in Georgia
Georgia is an equitable division state. This means that, upon a divorce, the property of the parties is divided... Read More
Debt and Divorce in Georgia, Part 2
As described in Debt and Divorce in Georgia, Part 1, many divorcing couples have significant debt issues. These... Read More
What is a Notice of Lis Pendens and How May it Impact My Georgia Divorce Case?
A Notice of Lis Pendens is a powerful legal tool that may be used in the context of divorce. Although a Lis Pendens... Read More
Refinancing a Mortgage Loan in Georgia After a Divorce
In Georgia, it often occurs that one party wishes to retain the marital home after a divorce. If the Husband and... Read More
Exit Strategies: Atlanta Divorce and The Marital Home
In more than a few recent cases, the stumbling block to settling the case has been the marital home. As a result... Read More
Inherited property is not always considered separate property in Georgia divorces
The Supreme Court of Georgia recently heard an interesting case regarding separate property in a Georgia divorce.... Read More
Responsibility for ex-spouse’s medical debt after final divorce in Georgia
Georgia divorce attorneys are often asked whether a party will remain responsible for an ex-spouse’s personal... Read More
Georgia divorce decree cannot be modified by the trial court in contempt action, even if it will result in hardship
The Supreme Court of Georgia recently held a Husband to the exact language in his divorce decree, even though it... Read More
Judgment against third party in divorce case upheld by Supreme Court of Georgia
The Supreme Court of Georgia recently upheld a monetary judgment against a third party in a divorce action. Huling... Read More
Equitable Division and Property Owned by Third Party
The Supreme Court of Georgia recently heard a case regarding whether property owned by a third party can be... Read More
Challenging your Georgia divorce decree? Don’t retain the benefits of that decree.
The Supreme Court of Georgia recently reinstated a bright line rule regarding a party retaining the benefits of a... Read More
An Atlanta Divorce Attorney’s Thoughts on Celebrity Divorce – Owner of Los Angeles Dodgers
In this weekly installment of An Atlanta Divorce Attorney's Thoughts on Celebrity Divorce, I will discuss the... Read More
Importance of specific language in Georgia divorce settlement agreement
The Georgia Supreme Court recently emphasized the importance of the specific language in a Georgia divorce... Read More
Equitable Division and the Declining Real Estate Market
As we have discussed on previous blogs, Georgia is an equitable distribution state, which means that a division of... Read More
Contempt and Retirement Accounts
The Georgia Supreme Court recently heard a case wherein parties were divorced and the wife was awarded half of the... Read More
Equitable Division in Georgia: Non-Financial Contributions
As we have discussed on previous blogs, Georgia is an equitable distribution state which means that a division of... Read More
Adultery’s effect on a divorce case in Georgia
Adultery on the part of one spouse can affect many aspects of a alimony , including alimony, equitable... Read More
Marital Property in Georgia – Georgia Case Law Update
On January 12, 2009, the Supreme Court of Georgia addressed an interesting issue regarding equitable division of... Read More
Georgia Case Law Update – Visitation, Child Support, Marital Property
In Rumley-Miawama v. Miawama (S08F1541), the Supreme Court of Georgia heard a Wife's appeal from the judgment in... Read More
Attorneys Fees in a Georgia Divorce under O.C.G.A. § 19-6-2
According to O.C.G.A. § 19-6-2, you can be awarded attorney’s fees in a divorce, but the award of attorney’s... Read More
Georgia Divorce: Types of Property Items
According to O.C.G.A. § 44-1-1, there are two types of property – real property and personal property. Real... Read More
Dividing Personal Property in a Georgia Divorce
Upon a divorce in Georgia, martial assets are subject to equitable division. This means that the assets are... Read More
Divorce and Taxes
This blog entry regarding tax issues related to a divorce is intended to alert you to issues to think about and... Read More
Equitable Division of Marital Property in Georgia
In the United States, property, assets, and debts are generally divided in one of two different ways during a... Read More
Georgia Supreme Court upholds short time period for lump sum alimony and property division payments in divorce case
The Georgia Supreme Court recently upheld a short time frame for payment of lump sum alimony and property division... Read More
Impact of declining Real Estate market on Cherokee County Divorces
With the ongoing real estate decline, couples involved in a Cherokee County divorce are finding that the most... Read More
Effect of Settlement Agreement on Estate after Death
Recently, the Georgia Court of Appeals heard a case where a divorce settlement agreement affected property in the... Read More
Refinance of marital home after divorce in Georgia
One of the most complicated financial aspects of a divorce can be what happens to the marital home when both... Read More
Georgia divorce and tax liability
The Supreme Court of Georgia recently reversed a decision of the trial court in a divorce case, which made certain... Read More
Divorce and social security benefits in Georgia
According to a "When a Divorce Pays Off," in the Wall Street Journal, elderly Americans may be missing out on... Read More
Pension plans and divorce in Georgia
Atlanta divorce attorneys are often asked how pension plans are divided upon a divorce in Georgia. In general,... Read More