Margaret Gettle Washburn, P.C.
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divorce Archives

HOLMES-BRACY v. BRACY. S17A1682; 808 S.E.2d 669; December 11, 2017

In this recent case, the Superior Court of Houston County denied the former Wife's (hereinafter referred to as Wife) motion to hold the former Husband (hereinafter referred to as Husband) in contempt of their 1995 divorce decree. The Wife filed her application for discretionary appeal with the Supreme Court. The Supreme Court, Justice Harold Melton, granted Wife's application, finding that, as "a matter of current law, the Court of Appeals, rather than this Court, has subject matter jurisdiction over "[a]ll divorce and alimony cases" in which a notice of appeal or application to appeal is filed on or after January 1, 2017. Appellate Jurisdiction Reform Act of 2016, Ga. L. 2016, p. 883, §§ 3-1 (codified at OCGA § 15-3-3.1 (a) (5)), 6-1 (c); Merrill v. Lee, 301 Ga. 34, 36 (1) n.1, 799 S.E.2d 169 (2017). Because Wife filed her application to appeal before January 1, 2017, we have jurisdiction over this case.

The implications of divorce on new stepfamilies

Divorced Georgia residents who are thinking about getting married again might be interested in finding out how divorce is affecting new step-families, as divorce and remarriage continue to increase. In fact, a University of Massachusetts study found that one-third of the households headed by adults younger than 55 include one stepparent. Similarly, in families with parents who are older than 55 and who have adult children, there is a stepchild in 33 percent of the cases.

What parents can do about parental alienation

Parental alienation may be a problem for some parents and children in Georgia, particularly if one parent has been diagnosed with a personality disorder. With parental alienation, one parent manipulates the children so they begin to reject the other parent. However, parents can be watchful about signs of it and take steps to stop it.

Reasons to consider a prenuptial agreement

Some people in Georgia who are getting married might want to create a prenuptial agreement. This can have a number of advantages in case people divorce or one person dies. For example, for people who own a portion of a family business, a prenuptial agreement can help ensure it stays in that family. People who enter the marriage with other significant premarital assets may also want a prenuptial agreement so that if they divorce, those assets are not considered shared marital assets.

Divorce can end a business partnership as well as a marriage

When a marriage in Georgia comes to an end, both spouses may experience emotional and financial challenges. These challenges can be exacerbated when a high-value family or personal business is also involved in the divorce. A business is not only a significant financial asset but also a center of emotional and professional development for one or both spouses.

Major reasons why a marriage ends in divorce

Although many Georgia couples are committed to trying to make their marriage work, there is a high chance that they will end up getting a divorce. In fact, according to the Centers for Disease Control and Prevention, 22 percent of couples will either get separated, divorced, or in some cases, end with the death of a spouse within the first five years of marriage. When it comes to separation or divorce, there are several reasons why this may occur.

Divorce may be the best choice when marriages become toxic

Choosing to end a marriage is rarely a decision that is taken lightly, and married couples in Georgia will generally try to work through their problems before taking legal action. However, there are situations where delaying divorce proceedings could place spouses or their children at risk either emotionally or physically. Spouses sometimes remain in relationships that are broken beyond repair because they hope that things will get better, but research suggests that this can often do more harm than good.

Financial benefits of getting a divorce

The divorce process can be difficult for many estranged Georgia couples, especially when it comes to finances. In many cases, it can be expensive, causing people to walk away with fewer assets than they had when they were married. However, there are some financial benefits to getting a divorce.

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Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
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