Margaret Gettle Washburn, P.C.Margaret Gettle Washburn, P.C.2026-06-09T14:58:26Zhttps://www.washburnlawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1203342/2020/02/cropped-MGW_FAVICON_512x512_FEB20-32x32.jpgOn Behalf of Margaret Gettle Washburn, P.C.<![CDATA[How digital assets could affect your estate plan]]>https://www.washburnlawoffices.com/?p=489212026-06-09T14:58:26Z2026-06-09T14:58:26ZTypes of digital assets
Digital assets include accounts, records and property that exist online. Common examples include:
Cryptocurrency in digital wallets
Documents in cloud-based services
Social media accounts
Digital photos and videos
Websites or online businesses
Online banking or investment accounts
Online media and subscriptions
Some digital assets have financial value, while others hold personal value for family members. In either case, they may not be easy to find. Unlike a house, car or bank account, online assets can be spread across several platforms and secured by passwords, security settings or other access controls.
Common challenges for families
The person handling your estate will need to find your assets and gather details about them. That process can become more difficult when important records exist online rather than in physical form.
Family members may know an account exists but still have trouble finding details linked to it. Digital assets can also be easy to overlook because they do not appear in a filing cabinet, safe or other physical place.
Some assets may require additional review before they can be passed on to beneficiaries. This may occur when an estate includes cryptocurrency, an online business or a website that generates income.
Digital assets and settling an estate
For many people, online property now makes up an important part of what they own. Financial accounts, business interests, photographs and personal records may exist mainly in digital form, even when they relate to assets in the physical world.
As technology continues to shape how people manage property and store information, online assets will likely remain an important part of estate planning.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[What to expect during a Georgia divorce deposition]]>https://www.washburnlawoffices.com/?p=489192026-03-09T16:43:25Z2026-03-09T16:43:25ZThe purpose of a deposition in a Georgia divorce
A deposition is a formal, sworn statement provided outside of a courtroom, during which opposing counsel asks questions under oath. Under Georgia law, parties may conduct depositions at any time during the discovery phase. This period generally extends for six months following the filing of the answer, although the presiding judge retains the discretion to extend or shorten this timeline.
Before a deposition, the requesting party must issue a written notice to all involved parties. In the state, this notice clearly specifies the date, time, location and the identity of the individual whom the attorney is deposing.
Should a party to the divorce fail to appear, the court may issue sanctions or an order compelling their participation. Conversely, the requesting party must first serve a witness who is not a party to the divorce with a subpoena to legally compel their attendance. If a subpoenaed witness refuses to comply, the court has the authority to impose comparable sanctions or mandate their appearance.
The stages of the deposition
Once the deposition starts, it follows a structured legal format with clear steps. Here is what you can expect:
A court reporter gives you an oath before questioning begins
The other side's attorney asks a series of questions about your case
Your attorney sits with you and can raise objections on the record
A stenographer records all testimony
After the deposition ends, you have the right to review the transcript. You have 30 days after you receive the transcript to submit any changes, along with a signed statement noting your reasons, to ensure the record is accurate.
The value of preparation
You can start preparing for your deposition by thinking about the types of questions that may come up. Topics like spending habits, parenting choices and the reasons behind the split can feel very personal. Giving yourself time to process those subjects can help you stay calm in the moment.
Legal counsel can conduct mock sessions to help you prepare. These practical exercises build familiarity with the format, minimize surprises, and provide an opportunity to refine the clarity and delivery of your responses.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[Managing the judgment of others when divorcing]]>https://www.washburnlawoffices.com/?p=489162025-12-11T00:20:03Z2025-12-11T00:19:42ZDivorce is the kind of life event that tends to invite feedback from loved ones and strangers alike, regardless of whether an individual is interested in welcoming such responses to their personal lives. Friends, relatives, coworkers and even acquaintances often feel compelled to offer opinions about whether a couple should divorce, how each spouse should handle the process or what the future should look like for those affected.
If you and your spouse are going your separate ways, know that managing any judgment projected by others may prove to be a consequential part of protecting your well-being as your divorce progresses. While you cannot control what others think or say, you can (to a great degree) control how much influence their opinions have on your decisions. Staying grounded in your own needs and the needs of your children, if applicable, can help you move forward with greater clarity instead of an instinct to second-guess every step that you take.
Empowering yourself in the face of judgmental approaches
Much of the judgment that divorcing individuals face comes from misconceptions about what divorce means. People may assume you did not try hard enough, or they may attach blame based on incomplete stories. These reactions say more about their values and fears than about your circumstances. The legal realities of divorce are rarely visible to outsiders, especially when private matters like finances, mental health or safety concerns cannot be openly discussed. Acknowledging that others are responding to their own narratives, not your actual situation, can potentially lessen the emotional sting of their comments.It is also important to set boundaries early. You can decide what information you want to share and with whom. Not everyone deserves access to the details of your divorce, and keeping certain matters private does not mean you are hiding anything. It simply means you are choosing to protect your emotional space. You might find that some people who were once confidants are no longer helpful during this transition, while others you did not expect may offer steady support. Adjusting your circle is normal and sometimes necessary.At the end of the day, a skilled legal team can also help you stay focused on long-term stability rather than short-term criticism. Legal decisions made to please others are unlikely to serve you well. By grounding your actions in sound guidance instead of conflicting opinions, you can navigate your divorce with greater confidence and protect your emotional health as you seek to move forward. ]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[Who gets the kids after divorce in Georgia?]]>https://www.washburnlawoffices.com/?p=489142025-09-05T19:19:27Z2025-09-05T19:19:27ZHow does child custody work in Georgia?
Georgia will consider legal and physical custody of the child. Legal custody covers the right to make major decisions about the child's life. This can include where they go to school and decisions regarding healthcare. Physical involves questions about where the child will live. The court can award joint or sole custody, depending on what serves the child's best interests.
In most cases, the courts attempt to award a form of joint custody. The courts reason that children are generally best served by having both parents play an active role in their lives. There are circumstances where this is not true, and the court will consider other arrangements when it is in the best interest of the children.
Does the court consider the age of the child when making its determination?
The age of the child can influence custody decisions. Georgia law allows children aged 14 and older to express their preference regarding which parent they wish to live with. The court generally respects this choice unless it finds that living with the chosen parent is not in the child's best interest. For children under 14, the court considers their needs and the ability of each parent to meet those needs.
Factors the court takes into consideration can include:
The emotional ties between the child and each parent
Each parent's ability to provide for the child's needs
The stability of each parent's home environment
The mental and physical health of each parent
Each parent's involvement in the child's life
The court also considers any history of domestic violence or substance abuse. The goal is to provide the child a safe and nurturing environment.
In Georgia, child custody decisions focus on the child's best interests. The court considers various factors, including the child's age and the parents' ability to provide a stable environment. Understanding these elements can help parents work their way through the custody process more effectively. By prioritizing the child's well-being, the court aims to create a supportive and loving environment for their growth and development.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[3 costs that diminish the value of an estate]]>https://www.washburnlawoffices.com/?p=489132025-06-19T02:17:15Z2025-06-19T02:17:15ZEstate administration costs
Probate proceedings are not free. It costs money to initiate the probate process. There are court costs associated with every hearing in court. The personal representative also generally receives compensation, usually around 2.5% of the total estate value. There may be legal fees to cover as well. Those costs can have a significant impact on the total value of the estate.
Tax obligations
There are several types of taxes that may apply during estate administration. The estate typically covers any outstanding income tax obligations owed by the decedent after the personal representative files their final income tax return. If the estate administration process involves an estate sale, the estate itself might technically owe income tax. If the estate is particularly large, then estate taxes might apply. Fulfilling tax obligations typically takes priority over asset distribution to beneficiaries.
Personal debts
Maybe the decedent had student loans still due from their college and postgraduate education. Perhaps they had medical debt from recent treatment or high balances on their credit cards. Personal representatives usually have to cover significant debt before distributing all of the property from the estate to beneficiaries. If they make mistakes and improperly distribute assets, they could be at risk of personal liability for certain financial obligations.
Recognizing how certain expenses might diminish the value of an estate can help people temper their expectations regarding an inheritance. Personal representatives usually need to take care to ensure that they fulfill financial obligations to protect themselves from personal liability during estate administration.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[Can teenagers choose where to live when their parents divorce?]]>https://www.washburnlawoffices.com/?p=489102025-03-21T17:41:44Z2025-03-21T17:41:44ZAn older child's preferences carry weight
Georgia state statutes empower teenagers to express their preferences and influence custody arrangements. Once a teen is 14 years old or older, they can potentially ask a judge to allow them to select the parent with whom they live primarily. That decision can influence what school they attend and the overall distribution of parenting time.
Typically, judges defer to the preferences of older children once they are at least 14. However, they can override the child's wishes if they believe that the preferences stated are not in the child's best interests. Judges have to consider many factors to determine what is actually best for children and teenagers in a shared custody scenario.
Thankfully, while a teenager can choose which parent becomes their residential parent, they generally cannot refuse to spend time with one of their parents due to a strained relationship. Judges are unlikely to eliminate one adult's parenting time or visitation rights simply because of a teenager's preference. A parent has the right to see their child, influence their upbringing and work on repairing a relationship damaged by divorce.
Understanding the factors that influence child custody determinations can help parents advocate for themselves and their children. Teenagers can influence custody matters, but they are still subject to the control of their parents at the oversight of the family court.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[Can you lose your marital home if you move out during a divorce?]]>https://www.washburnlawoffices.com/?p=489062024-12-23T01:53:24Z2024-12-23T01:53:24ZThe courts try to be fair when dividing property
Regardless of what people may have heard about divorce, the reality of divorce proceedings is different from exaggerated stories and worst-case scenarios. The claim that someone might use the home in a divorce by moving out may stem from people losing possession of the marital home.
Typically, only one spouse can live in the home after divorce. That doesn't mean they keep it outright and get to retain all of the equity as well. Under equitable distribution rules, the courts have to consider the value of all marital property and the overall division of the marital estate when allocating assets and debts.
If one spouse moves out of the marital home mid-divorce, the other spouse may have an easier time asking to retain possession of the home later. However, it is sometimes possible for the spouse who moves out of the home during the divorce to ask for possession of the home and to move back in later.
Even if they never move back into the marital home, they can keep some of its value after they divorce. The equitable distribution rule requires that spouses or courts consider the overall economic value of all marital property. That includes equity accumulated in the marital home.
The spouse who moves out can receive other assets to offset the home equity they lose because of the divorce. They could keep a small business or a retirement account. Sometimes, the spouse who stays in the home has to refinance the mortgage so that they can withdraw equity and use that to appropriately compensate the other spouse
The spouse leaving may have to continue making financial contributions to the marital home to protect their interest in the property. Any major decisions related to asset division, relocation and divorce strategy typically require careful planning to help ensure that the concerned individual receives fair treatment and a reasonable divorce outcome.
Moving out won’t prevent someone from requesting a fair share of the marital estate when they divorce. People who understand the basic rules that govern divorce proceedings may more effectively strategize during their divorce.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[Keeping your divorce civil: a guide for couples]]>https://www.washburnlawoffices.com/?p=489052024-09-12T15:24:36Z2024-09-12T15:24:36ZWhat does a civil divorce look like?
A civil divorce is one in which the parties cooperate and respect each other. It is an approach to ending a marriage that prioritizes the people involved, often minimizing conflict and animosity.
The importance of communication
For a couple to have a civil divorce, they must have open and respectful communication. Approaching conversations with a mindset of collaboration rather than confrontation can go a long way.
Speaking to each other in a way that avoids placing blame can reduce defensiveness and foster constructive dialogue, leading to better outcomes and modeling positive interactions for children and other family members.
Focusing on the bigger picture
Many couples get lost in the divorce details, whether who gets the marital property, how much child support they will be responsible for or how to divide a spouse's pension. While all of these details are important and should be addressed, individuals have a choice in how they address these matters.
Focusing on the entire family's well-being and the long-term security of everyone, for example, is a forward-looking and compassionate way to handle these issues. Remembering that everyone has to make a living and that everyone deserves to feel safe is a good start.
Setting boundaries and limits
Often, people feel emotionally overwhelmed during divorce and do not know how to establish boundaries in a way that allows them the space they need while communicating with the other party constructively.
You can have both. Thinking about your personal needs, writing them down, thinking about how you will express them, and choosing language that is respectful and productive rather than aggressive and destructive can help establish the necessary boundaries you need to feel better.
Practicing self-care
Divorcing couples usually put themselves last during the divorce because they are trying their best to make it through this tough time, especially couples with children who must tend to their child's needs and ensure they receive the care they need.
However, to have something to give, you must first have it yourself. This means that you must be healthy enough to give of yourself before you can adequately care for others.
Choosing to see yourself as an essential element and a person who needs love and care will help you see things differently.
While divorce may be difficult for everyone, the difficulty levels vary from couple to couple and case to case. By choosing to remain civil, you can have an enormous impact on the process and the outcome of the divorce.
In addition, you can set an example by communicating with respect, showing that you prioritize the people involved over the problems that must be resolved.
]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[Factors to consider when estate planning for child beneficiaries]]>https://www.washburnlawoffices.com/?p=489042024-06-26T14:32:26Z2024-06-26T14:32:26ZThe need for a supportive guardian
Financial support is important, but it pales in comparison to the importance of the day-to-day support a parent provides. One of the most important choices when estate planning for child beneficiaries is who to name as the guardian of those children if both parents are unable to care for them in the future. A guardian has responsibility for the children and can provide them with social, emotional and financial support after their parents die.
The protection of their inheritance
A child beneficiary technically cannot immediately control the resources their parents leave for them. Children and teenagers rely on their parents or guardians to manage their resources. The other parent could assume control over the children's inheritance. A guardian could also have access to and control over those resources. Parents sometimes decide to include trusts in their estate plans to ensure that there are still inherited resources for their children after they become legal adults.
The need for protection in an emergency
An estate plan doesn't just address what happens if someone dies. It also includes provisions for medical emergencies in many cases. Parents may need to talk about the risk of incapacitation to protect their children from stressful situations. From powers of attorney that grant someone the authority to maintain the family finances to medical documents clarifying a parent's treatment preferences, documents addressing medical emergencies, not just death, can be very valuable for those thinking about the protection of their children in an unpredictable world.
Discussing family circumstances and personal concerns at length with a skilled legal team can help parents integrate the right protections into an estate plan. Child beneficiaries require careful consideration during the estate planning process.]]>On Behalf of Margaret Gettle Washburn, P.C.<![CDATA[How can divorcing couples in Georgia divide their property?]]>https://www.washburnlawoffices.com/?p=488842024-03-30T15:24:38Z2024-03-30T15:24:38ZThe disclosure of marital and separate property
Property division negotiations often begin with the spouses providing each other with inventories of their assets and debts. Divorcing couples need to know both what comprises the marital estate and what separate property each spouse may have. If the case goes to court, disclosures to the family courts are also necessary.
Negotiations or litigation
Some spouses can negotiate with one another or through their attorneys to set their own property division terms. They have their own priorities and find a way to compromise so that both spouses feel satisfied with the outcome of the process. Some spouses even attend mediation to try to work through their disagreements about property division.
In Georgia, state statutes require equitable asset and debt distribution. The word equitable actually means fair, not equal. Therefore, a 50/50 split of assets is unlikely. Instead, judges look at factors ranging from the health and separate property of the spouses to their earning potential and the length of the marriage to decide what would be reasonable. Marital misconduct very rarely has any impact unless one spouse has evidence of the other engaging in conduct that unfairly diminishes the marital estate.
Many people dislike how unpredictable litigated property division can be, and that could motivate them to employ a more cooperative approach. Learning more about the Georgia approach to property division during divorce may benefit those planning for the future. Spouses who understand state rules may feel better prepared for negotiation sessions or court.]]>