Bivek Brubaker & Prescott LLC

How to Divorce Your Spouse When They Control All the Finances

2025-11-05T15:24:36Z

Understanding the Challenges of Financial Control in Divorce

Ending a marriage is a complex emotional and financial process. When one spouse has complete control over the family's finances, the path forward can seem especially daunting. You might feel trapped, uncertain how you can possibly afford to leave or support yourself. We want you to know that you have options, and there are legal protections in place to ensure a fair process, even when the financial landscape looks one-sided.

Steps to Protect Yourself Financially

Divorcing a financially controlling spouse requires a strategic approach. Follow these steps to protect your interests:

Gather Financial Documents: Without alerting your spouse, locate and make copies of important financial paperwork. This includes bank statements, tax returns, pay stubs, retirement account details, and credit card statements. If records are online, take screenshots or download PDFs. This documentation is essential for ensuring an accurate picture of your marital assets.
Open a Separate Bank Account: Set up a bank account in your own name. Even if you can only deposit a small amount at first, having your own account provides a secure place for funds and helps you start building financial independence.
Document Your Efforts: Keep a record of all the documents you collect and any steps you take to separate your finances. This can be useful evidence during legal proceedings and helps demonstrate your efforts to the court.
Maintain Privacy and Safety: Be discreet about your actions, especially if you fear retaliation. Change passwords, secure important papers, and consider using a trusted friend or relative’s address for mail if needed.

The Importance of Legal Counsel

The most important step is seeking legal counsel. A knowledgeable family law attorney can petition the court for temporary orders at the beginning of your divorce case. These orders can require your spouse to pay for your legal fees and provide temporary spousal support, also known as alimony. This ensures you have the necessary resources to navigate the legal process on an equal footing. An attorney can also initiate the "discovery" process, a formal legal procedure to compel your spouse to disclose all financial information.

Let [nap_names id="FIRM-NAME-1"] Help You

At our Marietta firm, we understand the unique challenges of divorcing a financially controlling spouse. We are here to provide the direct, confident guidance you need to protect your rights and secure your future.

If you're facing this difficult situation, don't wait to get help. Contact us through our contact form or call us at [nap_phone id="LOCAL-CT-NUMBER-1"] to schedule a consultation.

Understanding Parental Alienation and Its Legal Implications

2025-08-04T18:02:32Z

Parental alienation is a term that comes up often in contentious custody cases, but what does it really mean? More importantly, what are its implications for children and custody proceedings in Georgia? At its core, parental alienation refers to the deliberate actions of one parent to turn a child against the other parent, often resulting in emotional harm and strained relationships.

Here, we’ll unpack the concept, explore how it impacts custody cases, and discuss the legal avenues available to address it.

What Is Parental Alienation?

Parental alienation occurs when one parent actively influences a child’s feelings toward the other parent, often through criticism, misinformation, or manipulation. While this behavior can start subtly such as making negative comments in front of the child, it can escalate into more significant actions, like preventing contact or denying visitation rights.

For the affected parent, these actions can feel devastating. However, for the child, the emotional toll is even greater. Parental alienation can lead to confusion, anxiety, and long-term issues with trust and relationships. It’s vital to remember that this behavior doesn’t just harm the alienated parent; it deeply affects the child’s well-being.

Effects on Custody Cases in Georgia

The courts in Georgia take the health and welfare of children seriously, and this includes examining parental behavior when deciding custody arrangements. Judges aim to act in the best interest of the child, and parental alienation is a red flag that could influence custody decisions.

For example, if a court determines that one parent is actively alienating the child from the other, it may adjust custody arrangements accordingly. This could include revisiting visitation schedules, ordering therapy or counseling for the child, or even modifying primary custody. The goal is to stop the alienation and protect the child from further emotional harm.

Legal Measures to Address Parental Alienation

Addressing parental alienation requires both emotional and legal strategies. The first step is to document any evidence of alienation, such as texts, emails, or instances of denied visitation. This documentation is crucial for building a case if the issues escalate to the courtroom.

Courts may also rely on professional evaluations, such as those conducted by custody evaluators or therapists, to assess the impact of alienation on the child. Other remedies include court-ordered therapy for the child and both parents or supervised visitation to ensure the alienating behavior is curtailed.

Our team at [nap_names id="FIRM-NAME-1"] has years of experience managing complex custody cases involving parental alienation. By combining legal expertise with practical strategies, we aim to achieve solutions that prioritize the child’s well-being.

Reach Out for Trusted Support Today

Parental alienation is a serious issue that requires immediate attention. If you suspect you or your child are experiencing this, we can help you understand your rights and chart a path forward. At [nap_names id="FIRM-NAME-1"], we offer compassionate guidance paired with effective legal representation to address your family law concerns.

Don’t wait to take action. Contact us today by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or filling out our online contact form. Our experienced attorneys are here to help you protect your family’s future.

The Role of Technology in Modern Divorce Cases

2025-08-04T17:41:19Z

The legal landscape is constantly evolving, and the rise of technology is reshaping how we approach divorce cases. From uncovering hidden assets to facilitating child custody arrangements, tech solutions are proving invaluable in navigating the complexities of family law. Here’s how technology is influencing modern divorce cases and how it might play a role in yours.

Digital Evidence as a Game-Changer

When it comes to modern divorces, your digital footprint matters. Social media posts, emails, text messages, and even financial transactions captured through apps can serve as key pieces of evidence. For example, a Facebook status update might contradict a spouse's claims about income or lifestyle in a divorce proceeding. Similarly, apps that track spending or locations could uncover discrepancies in financial disclosures.

We guide our clients through the proper collection and use of digital evidence, ensuring it’s done ethically and within the boundaries of Georgia law. Missteps in this area can be costly, so legal counsel is critical when dealing with sensitive digital materials.

The Shift to Virtual Hearings

The COVID-19 pandemic accelerated the adoption of virtual hearings, and many Georgia courts continue to offer remote options. Virtual hearings can save time and reduce stress, as clients can present their cases without traveling to court. However, these hearings also come with unique challenges, such as technical issues or unfamiliarity with online platforms.

Our attorneys at [nap_names id="FIRM-NAME-1"] are well-versed in virtual courtroom procedures. We help clients prepare for virtual hearings, from setting up the correct technology to mastering online courtroom etiquette.

Online Tools for Co-Parenting

Co-parenting after divorce can be tough, but technology is making it easier to stay organized and minimize conflict. Apps like OurFamilyWizard and Cozi offer shared calendars, expense trackers, and messaging features designed to streamline communication between co-parents. These tools are especially helpful in maintaining clear records, which can be critical in resolving disputes or addressing custody modifications.

We recommend these tools to many of our clients, particularly those navigating high-conflict custody arrangements. By using these platforms, parents can focus on the well-being of their children while keeping communication transparent and constructive.

Take the Next Step Toward a Smarter Divorce Solution

The use of technology in modern divorces brings practical benefits, but it also underscores the importance of expert guidance. Whether you need assistance gathering digital evidence, preparing for a virtual hearing, or navigating co-parenting technology, our team at [nap_names id="FIRM-NAME-1"] is here to help.

At [nap_names id="FIRM-NAME-1"], we combine experience with modern solutions to provide effective legal representation in your divorce. Contact us today by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or visiting our contact form. Let's work together to achieve the best possible outcome for your case.

Top 5 Things To Know About Prenups in Georgia

2025-05-23T20:29:58Z

Thinking about getting a prenup in Georgia? Join the club! Over half of people these days want one. More and more couples are using prenuptial agreements as a way to protect themselves, plan ahead, and spark honest financial conversations before tying the knot. But what do you need to know before starting the prenup journey? For starters, in Georgia, prenuptial agreements are legally recognized and enforceable—as long as they meet certain requirements. So, let’s get into everything you need to know about prenups in the Peach State.

1. Georgia is an equitable distribution state

If you don’t have a prenup in Georgia and you get divorced, your assets and debts will be divided under a legal principle called “equitable distribution.” That means the court will split everything in a way that it thinks is fair (using state precedent)—but this doesn’t necessarily mean a 50/50 split. Judges in Georgia may consider things like:

The length of the marriage
Each spouse’s contributions (financial and non-financial)
Earning capacity
Standard of living during the marriage
Each person’s future financial needs

Because the process is so subjective, the way your property is divided can vary widely depending on your situation and the discretion of the court. A prenup gives you the chance to take control and decide how you want your property, debts, and finances to be handled in case of divorce, rather than leaving it entirely up to a judge.

2. The legal requirements for Georgia prenups

Georgia courts will enforce a prenup as long as it checks the right boxes and follows the laws of the state. For your prenup to hold up in a Georgia court, it must satisfy the following requirements:

It must be in writing.
It must be signed by both parties.
It must be witnessed by two witnesses.
It must be notarized.
Both parties must enter into it voluntarily. (That means no threats, coercion, or illegal pressure).
There must be full and fair disclosure of assets. (Each party needs to be upfront about what they own and owe).
It must be fair at the time it was signed. If one person gave up everything and got nothing in return, the court may throw it out.

In addition, while Georgia does not technically require both parties to have their own attorney, it does require each party to have the opportunity to hire an attorney. (Blige v. Blige (2008). Plus, having independent legal counsel can strengthen the enforceability of the agreement and prevent future disputes.

3. Prenups in Georgia can be challenged—and courts look closely

Georgia courts do uphold valid prenups, but they also take any prenuptial agreement challenges seriously. A court can throw out a prenup if it finds:

One party didn’t disclose all of their finances (income, assets, debts, etc.).
One party signed under duress (like minutes before the wedding with no time to review or hire a lawyer).
The agreement is unconscionable (i.e., grossly unfair) at the time of enforcement.
One party didn’t have enough time or opportunity to understand the agreement or seek legal advice.

In other words, just because you have a signed prenup doesn’t mean it’s 100% enforceable. If one spouse challenges it during divorce, the judge will take a close look at whether it was fair, voluntary, and transparent.

4. You can amend or revoke your prenup later (if both agree)

A prenup doesn’t have to be set in stone forever. If your life circumstances change drastically—say one of you wins the lottery, receives an unexpected inheritance, loses their business, or something else—you may modify or revoke your prenup later on. To do this in Georgia, both parties must agree in writing and follow all of the same requirements that were necessary for the original agreement. This includes financial disclosure, notarization, and two witnesses. And remember, any amendment or revocation of the agreement must be mutually agreed upon—you cannot unilaterally change or terminate the prenup.

5. Prenups strengthen your marriage, not weaken it

Did you know that getting a prenup can actually make you feel closer together with your partner than ever before? According to HelloPrenup users, 83% of couples actually felt closer to their future spouse after the prenup process. Why? Because talking about tough conversations before walking down the aisle can prevent future conflict. For example, discussing money, joint bank accounts, debt, inheritances, business interests, or even just “what happens if…” can lead to a deeper understanding of each other’s values and expectations. It’s like financial therapy before marriage. Imagine a couple where one person has significant credit card debt, but hasn’t told their partner yet. With a prenup, each party is generally required to share their finances with one another for the agreement to be valid. This includes debt. In addition, the prenup can protect the person who does not have that debt. And without a prenup, that debt could become a shared burden in marriage.

Final thoughts on Georgia prenuptial agreements

Georgia courts allow and regularly enforce prenuptial agreements—but only if they’re done right, according to state laws. That means notarization, witnesses, clear financial disclosure, voluntary signing, fairness, and ideally, independent legal advice (or at least the opportunity to get a lawyer). Courts will look at both the process of signing and the content of the agreement to decide whether it’s enforceable. A prenup gives you more than just legal protection—it gives you clarity, confidence, and peace of mind as you enter a new chapter with your partner. Whether you’re getting married for the first time, blending families, or bringing significant assets or debts into the relationship, a prenup is a great way to set yourselves up for lifelong happiness and success. So go ahead and have the prenup conversation. Get clear on your finances. And build a future with your eyes wide open. Happy planning!

What can you do if you worry that your spouse is hiding assets?

2025-05-22T16:18:04Z

The decisions you make during divorce can have a significant impact on your finances. If your spouse hides assets, though, that can undermine your ability to protect your interests. It is crucial in this situation to take appropriate action to protect your interests.

How might people hide assets?

During a divorce, some individuals might attempt to hide assets to minimize their financial obligations or gain a favorable settlement. Common methods include.

Transferring assets to friends or family temporarily
Underreporting income or overreporting expenses
Creating fake debt
Using offshore accounts
Investing in items that are hard to value, like art or collectibles

If your spouse is hiding assets, you may notice secretive financial transactions, or your spouse may refuse to share financial information with you. You may also see sudden changes in their spending habits or your shared assets may suddenly decrease in value.

What can you do if your spouse is keeping financial secrets?

If you suspect asset concealment in Georgia, consider the following steps:

Document everything: Keep detailed records of all financial transactions, communication, and any suspicious behavior.
Conduct a financial audit: Hire a forensic accountant to review your finances and identify discrepancies or hidden assets.
Legal action: Consult with a skilled divorce attorney who can guide you through the legal process and ensure your rights are protected.
Utilize discovery tools: Your attorney may use legal tools like subpoenas or depositions to uncover hidden assets.

You can protect your rights if your spouse hides assets

If you suspect your spouse is hiding assets, securing the assistance of a skilled divorce attorney is crucial. Contact us today at [nap_phone id="LOCAL-CT-NUMBER-1"] or visit our website to discuss your divorce with a member of our team in an initial consultation.

In Georgia, what legal rights do same sex couples have with marriage, divorce and child custody?

2025-05-22T16:25:58Z

In Georgia, what legal rights do same sex couples have with marriage, divorce and child custody?

In Georgia, O.C.G.A. 19-3-3.1 defines marriage and states that it is declared to be the public policy of this state to recognize that the union only of man and woman. Marriages between persons of the same sex are prohibited in this state. The statute further states that no marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties’ respective rights arising as a result of or in connection with such marriage. The landmark 2015 Supreme Case Obergefeil v. Hodges challenges the legality of the Georgia law regarding same sex marriage. In fact, the Court explicitly rules that the section of Georgia law which prohibits same sex marriage in the state is unconstitutional. Georgia Attorney Sam Olens issued a statement indicating that Georgia will follow the law and adhere to the ruling of the Court. Same sex marriages have therefore proceeded in Georgia. There have been a lot of questions about marriage rights, divorce rights and child custody in regards to same-sex couples. Bivek, Brubaker & Prescott is here to walk you through all of your rights.

Marriage Rights

Since 2015, same-sex couples across the United States have legally been able to participate in marriage and enjoy all of the tangible benefits that come from being married. These rights include:

Individuals can make decisions about a deceased spouse and receive any benefits as a result of the death.
File joint tax returns
Make emergency medical decisions
Adopt children
Both spouses can be listed on a birth certificate

Divorce Rights

Prior to 2015, same-sex couples had issues with being granted a divorce. If a couple moved to a state that did not recognize gay marriage, they would be barred from getting a divorce, as their marriage would not be legally recognized. Sometimes, they would be able to go back and get a divorce in the state that they were originally married in, but most states required a certain period of residency before a divorce could be finalized. Now that the Supreme Court has ruled same-sex marriage legal in all 50 states, same-sex couples are also entitled to divorce in every state. Divorce is available no matter which state the couple was originally married in and when they were married. However, Georgia may not recognize the full length of your marriage in a divorce settlement if you were once recognized as a domestic partnership or co-inhabitants. This view could raise problems with issues like alimony. [LINK TO ALIMONY PAGE WRITTEN FOR BIVEK] Types of divorce, like mediation, legal separation, contested and uncontested divorce are now equally available to same-sex couples.

Child Custody

In states like Georgia, with plenty of cultural biases, equally dividing assets like property, child support and alimony have proven difficult. For example, some courts have shown a preference towards giving the biological mother in a lesbian couple custody rights. Courts have also deeply struggled with whom to give more to financially in a settlement between two men. In regards to child custody, it is crucial to have an experienced lawyer on your side that can help the Court make an impartial decision based on the standard of what is in the best interests of the children. At Bivek Brubaker & Prescott we have a lot of experience in handling same sex custody issues and property division issues. A lawyer can help a judge stay objective rather than making a biased, illogical decision.

Legal Counsel

While the legal discussions regarding same-sex marriage and divorce are still cloudy in many areas, it’s imperative to have legal counsel on your side. At Bivek, Brubaker & Prescott, we specialize in family law and have all of the tools and experience to help you navigate your way through any situation. Call us today at [nap_phone id="LOCAL-CT-NUMBER-1"].

Common Questions for Divorce in Georgia

2025-05-22T16:22:05Z

How much does a divorce cost?

We get this question frequently. The answer is, it depends of course! Divorces with children are more expensive than divorces without children because additional paperwork is required including child support worksheets and parenting plans. Oftentimes, the number of contested issues is also greater when dealing with a divorce with children. The types of assets and debts also play a factor in how much a divorce costs. The more complex the estate is, the more expensive it will be to figure out how to fairly divide it. Several pieces of real estate, different types of retirement accounts, stock options, and complex compensation awards all play a factor in how much a divorce will ultimately cost. The total bill almost always depends on the total time involved. Attorneys charge by the hour. Our billable rates at Bivek Brubaker & Prescott are $325 per hour for the Partners. Rates in Georgia range from $175 per hour on the low end and up to $750 per hour on the very high end. Paralegals have hourly rates that range from $50 per hour up to $175 per hour. Our retainers range from $1250 to $7500 depending on the complexity of the case. The best way to keep your costs down is to be organized. Having organized documents regarding your assets and debts will help reduce expensive discovery, and get your attorney educated about your assets and debts faster. Keeping your emotions under control and remembering that divorce is a process and not a means to exact punishment will also help keep your costs down and the process more efficient. Resolving custodial issues between you and your spouse can also help drastically reduce the legal fees involved in your divorce. Flat fees are also available at Bivek Brubaker & Prescott and can range from $1250 up to $15,000 depending on the nature and complexity of your case.

How long does a divorce take in Georgia?

This is our second most common question. Divorces can be finalized as fast as 31 days in Georgia. This happens when the parties agree on most or all of the issues. Divorces can last as long as 4 years. This typically occurs when there are protracted custody issues, or when dealing with an extremely complicated estate involving trusts, significant real estate holdings, and stock options. On average, a divorce will take approximately 6-9 months. During that time frame, discovery will be conducted, depositions can be taken, settlement proposals can be exchanged and negotiated, mediation can take place, temporary hearings can take place and ultimately a final hearing can take place to adjudicate any unresolved issues.

Will I lose my kids if I get divorced?

Oftentimes, the most difficult part of a divorce is figuring out what happens to the children. It is important to remember that in virtually every divorce there is some type of shared parenting schedule where both parents have time with the children, and both parents have input into the legal decisions affecting the children. Divorce does not have to be a “zero sum” game when it comes to children in that one side has to be the “winner” and one side has to be the “loser”. Terms like custody “battles” are heartbreaking to hear, and ultimately the process should be less combative and more focused on structuring a shared approach for the children where each parent can contribute their strengths to the co-parenting and raising of the child or children. Each parenting plan should be uniquely tailored to the parties taking into account work schedules, ages of the children, and their bond to each of the parents. At Bivek Brubaker and Prescott, we will help you customize and negotiate a parenting plan that fits with your life and allows your children to best succeed in the event of a divorce. There is no “one size fits all” approach to custody and each case is truly unique as each child is unique.

Are there alternatives to court litigation?

For many people considering divorce, “court litigation” sounds expensive, drawn-out, and invasive. But for couples that are truly motivated to work together and compromise, there are still out-of-court alternatives. Divorce mediation is one option. With this approach, a trained mediator facilitates a negotiation between spouses, accompanied by their respective divorce attorneys. Together, you can work out contested issues, like child support, alimony, and a division of assets in a confidential setting. We’ve found it to be a very effective process for clients who go in with the right mindset. Just be sure to select a mediator whose style, manner and expertise feel like a good fit. A second option is a collaborative law, a tool that helps clients resolve disputes outside of court by bringing in experts from different fields, like financial planners, child psychologists, and therapists. We’re trained in this unique approach to family law—one that truly puts the interests of the family first in working toward a fair and equitable arrangement. Collaborative law is not for everyone, of course, but in divorces where both parties are motivated to avoid litigation, it can save money and reduce the stress placed on the family.

How do I prepare to file for divorce?

Divorce can be financially and emotionally draining, but it helps to prepare yourself for the work ahead before you even consider filing. Make sure you have an emergency fund in an account that your spouse doesn’t have access to. This one is key, because once you file, or once your spouse does, you’ll both be locked out of moving assets from your marital estate. While you’re padding your emergency fund, you’ll also want to document your full financial picture—this means your mortgage, retirement accounts, stocks or other assets, and account balances. Privacy is another top concern if you’re considering filing, especially if you feel your spouse may be tracking or monitoring your activity. It’s best to create a new, private email address and obtain a P.O. Box that you can use for correspondence with your lawyer or financial institutions. Change your passwords for all of your social accounts, as well as phone or computer passwords. If you’re considering divorce, you need a Marietta divorce lawyer. A Marietta divorce attorney can help you answer these common questions and more. Call us today for more information.

HOW LONG DOES A DIVORCE TAKE?

2025-05-22T16:22:15Z

A common question we receive is “how long will my divorce take”. The answer, of course, is it depends! In order to figure out how long your divorce will take, you first need to understand the divorce process.

DIVORCE TIMELINE

Before Divorce Divorce should always be a last resort. It’s not easy, nor is it a decision to be made lightly. Marriage counseling, couples therapy, and individual counseling should be explored before initiating a divorce. If the marriage is “irretrievably broken” with no hope of reconciliation, or if other legal grounds for divorce are met, then planning for a divorce should begin. But, before you file for divorce, be sure to do these five things first. Divorce Begins With Services of Process Serving your spouse with divorce papers is a required first step in the divorce process. There are three main ways to do this:

Via a sheriff
Via a special process server
Your spouse can sign an acknowledgement of service to confirm his or her receipt of the papers

If served via sheriff or special process server, your spouse has 30 days to respond. If served via acknowledgement, your spouse has 45 days to respond. Some Courts require you to use the sheriff or obtain a special Order Appointing a Special Process Server;. A special process server typically charges around $100-$150. The process is quick, and you can specify an exact time and place for the service to occur. Serving via the sheriff is typically cheaper. However, the sheriff will serve the papers on their own time, which can take weeks or even longer. There is no cost for an acknowledgement of service, except for the document preparation cost, but there is also no deadline or requirement that it be signed. Discovery Phase Once divorce papers have been served, the discovery phase begins. Discovery is the formal information-gathering phase. Parties can engage in discovery for six months, or longer if the marital estate is complicated. For less complex cases, discovery can be as short as 30 days. Discovery includes requests for documents from one spouse to another as well as subpoenas to banks and employers. You and your spouse may be asked to answer questions under oath, and witnesses may be involved. Discovery can be expensive, so be sure to consult with a qualified divorce attorney about what elements might be appropriate for your case. Each case’s discovery period should be tailored so that the process can be efficient from both time and money perspectives. Alternative Dispute Resolution Options After discovery, spouses have several alternative dispute resolution options at their disposal to avoid litigation. They can exchange settlement proposals and attempt to negotiate a resolution through back-and-forth correspondence. If this fails, they will attend mediation to try to resolve their divorce. Compared to litigation, mediation is extremely cost-effective and is a great opportunity to iron out any hot-button issues. Throughout my fifteen years doing divorces, almost 75% of cases are resolved during mediation. Trial Litigation If alternative dispute resolution options are unsuccessful, then your case will be prepared for trial. Litigation involves a judge or jury and a formal presentation of your case. This process may include testimonies from each spouse, experts, and other witnesses. Relevant documents and other evidence may also be presented to resolve financial or custodial issues. Be forewarned: Not only are divorce trials expensive, they are also emotionally exhausting. The End of the Divorce Process A divorce case lasts about six months, on average, but it depends on the process outlined above. Cases that settle at mediation are shorter than cases that go to trial. Cases with long discovery phases are longer than those with less complicated issues. Some divorces can take years to finalize. It just depends! SPEAK WITH A QUALIFIED DIVORCE ATTORNEY Divorce is a complicated process. It’s critical that you understand your options. The Marietta family law attorneys at Bivek Brubaker & Prescott are happy to answer any questions you have about your divorce. Please, do not hesitate to contact us or call [nap_phone id="LOCAL-CT-NUMBER-1"] to speak with one of our highly qualified attorneys!

Georgia’s 14 – Year – Old Custody Law

2025-05-22T16:27:23Z

“In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.” O.C.G.A. § 19-9-3 (a)(5)

Can a 14-year-old choose which parent has custody of them?

Many parents wonder during their divorce process if the children have a say in who has custody over them. If your child is over 14 years old in the state of Georgia, they have the right to select the parent with whom he or she desires to have physical custody. Many individuals, however, misinterpret the law to mean that that the child’s election is absolute. The election made by the child is considered presumptive meaning that it is assumed correct unless it is proven that it is not in the child’s best interest. The two ways it could show that it is not in the child’s best interest is if the other parents prove it through evidence or the court finds that it is not in their best interest. For the election to be considered by the court, the child must sign an Election Affidavit under oath expressing their desires and have it submitted to the court.

Can the child choose not to visit the non-custodial parent?

The answer is not necessarily yes. The Georgia Supreme Court in Prater v. Wheeler found that a child 14 years and older has the right to choose not to visit with the non-custodial parent. However, this choice will be subject to judicial review. Another case, Worley v. Whiddon found that visitation to subject to judicial review to protect the child from influence by the other parent. It is advised that the custodial parent not use disparaging remarks and to encourage the child to visit the non-custodial parent during their visitation.

Are there other factors considered during the custody process?

The Court will consider many factors during the custody case when determining what is in the best interest of the child. Some of those factors are:

The emotional ties between each parent and the child
The emotional ties between the child and siblings, half-siblings and step siblings
The capacity of each parent to give the child love, affection, and guidance and to continue the education of the child
The parent’s capacity to provide basic necessities for the child
The mental and physical health of each parent
Each parent’s involvement in the child’s educational and social activities
Evidence of family violence or child abuse

What if my child is under 14 years old?

If your child is between the ages of 11 but not yet 14 years old the judge considers their desires and educational needs when determining which parent shall have custody of the child. However, the desires of the child are not controlling, and the judge has broad discretion on how the child’s desires are weighed, including through the report of a guardian ad litem.

DIVORCE AND BUSINESS OWNERSHIP

2025-05-22T16:52:37Z

If you are facing a Georgia divorce and you own a business with your spouse (or if your spouse owns a business), be prepared for some complicated, unique issues. The attorneys at Bivek Brubaker & Prescott have handled many complex divorces involving closely-held family businesses where both spouses worked in the company or were involved in the venture in some way. We also help our clients understand if they are entitled to anything from their spouse’s business if they divorce. Here’s what you need to know about divorce and business ownership.

BUSINESSES MAY BE EQUITABLY DIVIDED

Georgia law is clear in that all assets – except inheritances – acquired during a marriage may be equitably divided. This applies to any business that was started during the marriage. This means it is fair game to look into the company and its holdings to decide how to fairly structure a divorce settlement.

HOW DO GEORGIA COURTS USUALLY DIVIDE BUSINESSES?

Oftentimes, Georgia courts will award business ownership and control to one spouse and decide a fair value or payment for the other spouse. When companies are jointly owned and operated, the situation is more complex. For example, both spouses may be allowed to continue having ownership interests and involvement in the business after the divorce. This can lead to its own set of issues. Deals can also be negotiated where one spouse keeps a share of the company or certain decision-making rights related to the business after the divorce. These deals should be carefully worded to maximize the health of the business while minimizing conflict between the spouses. Oftentimes, businesses can carry debt and detailed indemnification language is needed to protect one spouse from the business debts and/or loans.

HOW ARE BUSINESSES VALUED DURING A GEORGIA DIVORCE?

There are various methods that may be used to value companies, and the type of business usually plays a big part in which method is used. For example, the method used to value a professional services business where one of the spouses is a doctor, attorney, or financial advisor is different than the method that would be used for a retail store. When valuing a company, various metrics and methods are used, including evaluating comparable businesses, revenues, hard assets, and real estate holdings. A thorough discovery process should take place in any divorce involving a business. Analyzing revenues, bank statements, corporate tax returns, profit and loss statements, and other business records are critical in understanding the health of a company, its value, and how best to divide it (or decide a fair buyout for one of the spouses). Discovery can also help uncover if one spouse has tried to get rid of their ownership interests (for example: selling to a friend or a third party) to shield the company from the other spouse. A full audit of a business is sometimes necessary when one spouse has recklessly or negligently spent business funds for personal use or gain. Business valuation experts are often used to decide if a company has value, how much, and what you might be entitled to as a spouse. These experts can provide insight into what method might be best for putting a value on the company. For example, experts often use market-based approaches, income-based approaches, or a combination of methods.

WHAT ELSE SHOULD I KNOW?

During a divorce, you have options to ensure that your spouse isn’t squandering away assets or purposefully running the business into the ground to lessen its value during the divorce. For example, receivers can be appointed and freeze orders put in place to ensure company assets are protected and the venture continues to run smoothly. A forensic auditor can also be hired to review all business expenses and revenues to make certain business funds have not been hidden or transferred to non-business accounts for personal gain.

SPEAK WITH A QUALIFIED GEORGIA DIVORCE ATTORNEY

If you are thinking about divorce (or are in the middle of one) and there is a business at stake, we strongly encourage you to consult with knowledgeable attorneys. At Bivek Brubaker & Prescott, our experienced Marietta family law attorneys can help you learn about your rights and how businesses are divided in a Georgia divorce. Please contact us online or call [nap_phone id="LOCAL-CT-NUMBER-1"] to speak with us.