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Legal Myths Part 7

Myth: In Georgia, I don’t have to appear in court for my divorce to be finalized.

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The Top Four Reasons You Need a Prenuptial Agreement

Today's blog entry authored by Tori White of the White Law Office.

Family Law and Social Media

The impact of social media on the area of family law, especially when it comes to divorce and support issues, is a hot topic these days. Social media includes networking and social websites in which friends, acquaintances and sometimes the general public can view another person’s personal information. Social media sites include Facebook, Twitter, MySpace, LinkedIn and LiveJournal, just to name a few.

Prenuptial Agreements

I already have a house and property and I want to protect it. Will a Prenuptial Agreement help?
Yes. If you own property before the marriage and you want to protect that property in the event of divorce, a well drafted and enforceable Prenuptial Agreement can make it easier for you to keep that property in the event of a divorce.

Do I need my own lawyer if my fiancé's attorney prepared a Prenuptial Agreement?

Child Support

What are child support obligations?

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Child Custody

What about the children during divorce?
The welfare of children is of major concern to the court. Neither parent is automatically entitled to custody. The judge looks at the best interests of the child when determining custody and what will best promote the child's welfare and happiness. The judge considers many factors when deciding custody, including but not limited to:

  • the love, affection, bonding and emotional ties existing between each parent and the child

Divorce

What is an annulment?
An annulment, in essence, sets aside the marriage as if it never existed.

What are the procedures for annulment?
The procedures for annulment are very similar to the procedures for divorce.

Can I get an annulment if we have had a child together during the marriage?
Under O.C.G.A. Section 19-4-1, an annulment may not be granted if children were or are to be born as a result of the marriage.

What are the grounds for divorce in Georgia?

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Name Change

Adult name changes are fairly simple, but must go through the court system.

  • An adult wishing to change his or her name must file a petition stating the desired new name and reason for the change.
  • A legal notice is published once a week for four weeks in the legal newspaper of your county. This notice gives anyone else (such as creditors) the opportunity to file an objection.

Once this process is completed, the judge signs a decree ordering your change of name. This order is used as evidence to submit to Social Security, the DMV, and other entities.

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Prenuptial Agreements

A Prenuptial Agreement is a contract detailing how couples will resolve issues should the marriage end in divorce. They sometimes contain provisions for property distribution upon death, but those provisions are better placed in a Last Will and Testament.  Prenuptial Agreements are especially important for those coming into a marriage with children or property and allow each spouse to plan for his or her future by protecting assets and possibly avoid expensive litigation later.  

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