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Marietta Georgia Divorce Law Blog

Custody battles can be difficult emotionally and financially

Once it is clear that a divorce is going to occur, if there are children, there is frequently a child custody contest. Such contests can be draining emotionally as well as costly. In the case, for example of a custody battle involving Kelly Rutherford, well-known for her role in Gossip Girl, custody was ultimately granted to her ex-spouse, who was also permitted to take the couple's two children, both of them relatively young, with him to live in Europe.

One observer believed that the celebrity had aged in looks considerably in the process of the fight for custody of her kids. Substantial legal fees were incurred, and now she will have substantial reoccurring plane fares to travel to see her children. In some instances, an attorney may be able to tell a parent what their chances are of gaining the custody arrangement that they want.

Divorce may have an impact on gifts made in trust

In many cases of high asset divorce, one or both spouses may have created a revocable trust to hold some of their property. In many instances, the trust was created prior to the current marriage. Sometimes, after a new marriage is entered into, a spouse having such a trust may alter it to make gifts to their new spouse's children, should they be the first member of the marriage to die.

Subsequently, should that marriage end in divorce, the question may arise as to what the impact of the divorce is on such gifts made within the revocable trust. In some instances, the newly divorced person may now want none or only some of their ex-spouse's children to still receive those gifts in the event of their death.

Glock gun millionaire in alimony battle with wife

Gaston Glock, after whom the well-known and popular Glock gun is named, is engaged in a divorce proceeding with his wife of 49 years. His wife says he left her for a younger woman in 2011. In the latest development in the case, the 77-year-old woman has asked a federal judge for assistance in compelling her husband to produce financial documents to help bolster her demands for significant alimony.

She contends the gun mogul has income from around the world from his signature guns. The woman he allegedly left her for was 50 years younger than his wife. The wife is arguing her husband has disguised exactly how much income he has by using a confusing series of trusts, holding companies and other mechanisms.

Moving on and starting fresh for children's sake after divorce

Following a divorce, it is all too easy to get mired down in the past, in the tired story of how this got to this point. Yet it is not productive, for either ex-spouse or the children. After all the child custody and child visitation arrangements have been made, the best thing for everyone concerned is to put the past and any recitations of old grievances aside and move on. For the sake of the children, it is best to concentrate on building a secure, harmonious, and loving environment for them in which they can be nurtured and encouraged.

Some may think that these are empty platitudes or that it is all too self-evident to need saying. The truth is that doing this takes a conscious effort and a firm determination to move forward. It does not just happen spontaneously but rather requires planning and thought. The alternative often can be continued confrontation and conflict between ex-spouses, which can uncomfortably and unfairly put children in the middle. This makes them feel like they are being forced into the impossible situation of taking sides between parents both of whom they love and giving them the dreadful thought that maybe it is their fault.

Real Housewives star facing heated divorce battle

Porshja Stewart, a star of the popular television show "The Real Housewives of Atlanta" in engaged in an increasingly heated divorce battle with her estranged husband. As in many cases of high-asset divorces, there are verbal accusations of misconduct. She claims, among other things, that her husband, a former player with the Pittsburgh Steeeler professional football team, has engaged in an affair with another woman, going so far as bringing her to the couples shared residence, which he then allegedly locked her out of.

These accusations came from papers she recently filed in court. Her husband, of course, has his own, widely different version of these events. He claims that she still has a key to their house and that he has done nothing to keep her out or eject her. He contends that he merely has closed and locked the doors to the residence at night. His own court filings paint a picture of his wife as someone who often leaves home for days on end, only to return in the late hours of the morning, smelling of alcohol.

Real Housewives of Atlanta star seeking alimony

One of the stars of a popular Georgia-based reality TV program is responding to her husband's divorce filing with demands for alimony. Real Housewives of Atlanta star Porsha Stewart, denying her husband's claims that she can support herself with her income from the show, recently filed papers with a Georgia court requesting spousal support as well as the couple's Atlanta home.

Former NFL player Kordell Stewart filed for divorce at the Fulton County Superior Court on March 22, citing an irreparable breakdown in his two-year marriage to Porsha. His attorney told media sources that submitting the filing was "a very difficult decision" for his client. Kordell contends that none of the couple's marital assets will be divided in court, leading experts to believe the couple signed a prenuptial agreement prior to their marriage.

Georgia Court of Appeals rules on Facebook divorce dispute

A three-judge panel with the Georgia Court of Appeals disagrees with a man who argues that a court's decision to bar him from communicating with his wife on Facebook, with whom he is in a bitter divorce dispute, violates his freedom of speech. The court upheld the decision of a Monroe Superior Court judge, finding that the Georgia Supreme Court's stance that courts may prohibit spouses from insulting each other and making similar comments also applies to digital interactions.

The couple initiated their divorce in 2012. Their fight has seen the involvement of law enforcement officers, four judges and two calls for recusal. Both spouses traded attacks on Facebook for months before they were ordered to refrain from contacting each other. The man was also barred from trying to contact any of his three children through Facebook or similar services, an order he asserted violated his First Amendment rights.

Financial tips for prospective divorcé(e)s

Divorce is often the only way to escape an unhappy married life, but the prospect of ending a marriage can be overwhelming and emotionally and hugely intimidating for many Georgia residents. Indeed, divorces tend to be complex, multifaceted affairs that leave one feeling drained and stressed, but they are often necessary for the well-being of both spouses. Additionally, a difficult divorce can be made substantially easier to handle when one takes the appropriate financial steps.

Experts recommend that anyone considering a divorce in Georgia should start setting aside money. Having liquid assets stashed away can help make sure one is not caught off-guard during and following a divorce. Even those who expect to receive alimony or child support should keep an emergency fund as such payments are often delayed and sometimes unreliable. However, experts say it is important not to drain a joint bank account before one files as most courts look down upon such behavior and will respond accordingly.

Divorced fathers often face attacks from ex-wives

An author and Huffington Post contributor recently blogged about the widespread issue of divorced mothers creating lies in order to remove their formed husbands from their children's lives, a problem facing countless fathers in Georgia and other states. She described two fathers, both of whom are "good people and good parents" who have suffered slanderous and false accusations by their former wives, making it difficult and highly resource-consuming for them to retain their parental rights.

The contributor urged divorced mothers not to spread falsehoods about the fathers of their children in order to secure sole child custody or otherwise limit their former spouses' parental rights, arguing that many such men are forced to deal with accusations of abuse, alcoholism, drug use and even pedophilia. She writes that such fathers are often forced to pay thousands of dollars in legal fees in order to prove to court-affiliated experts that they are fit parents.

Michael Jordan asks Georgia court to dismiss paternity suit

Six-time NBA champion Michael Jordan recently requested that the paternity lawsuit a 48-year-old woman filed against him be dismissed, arguing that the claim is unfounded and "shameless." In a document filed in a Georgia court, Jordan's attorney characterized the woman's lawsuit as a "bad faith attempt to abuse the legal system."

Jordan's attorney claimed that documents from the plaintiff's 2003 divorce, which includes a child support obligation, from her ex-husband firmly established that man as the father of her son, who is now 16 years old. He attached one of those documents to his petition to dismiss the woman's claim, contending that it clearly explains that the woman was awarded physical and legal child custody of the boy, while he ex-husband was granted visitation rights and ordered to provide his ex-wife with regular child support payments. According to the attorney, the plaintiff signed a statement confirming that this information is "true and correct."

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