Baskin & Baskin, P.C. Baskin & Baskin, P.C. 2026-05-20T16:34:59Z https://www.baskinfamilylaw.net/feed/atom/ WordPress /wp-content/uploads/sites/1404010/2023/07/cropped-site_identity-32x32.jpg On Behalf of Baskin & Baskin, P.C. <![CDATA[Equitable distribution in a Georgia divorce: What does ‘fair’ really mean?]]> https://www.baskinfamilylaw.net/?p=47001 2025-11-12T17:56:19Z 2025-11-12T17:56:19Z What counts as marital property? Only marital assets are subject to equitable distribution. Marital property is generally any asset or debt you and your spouse acquired during the marriage, no matter whose name is on the title, including bank accounts, retirement funds and real estate purchased from the wedding date until the date of separation. Separate property is not subject to division. Equitable distribution rules generally exclude assets you owned before the marriage or received during the marriage as a gift or inheritance from a third party. However, complications can arise when these assets are “commingled” with marital funds.

How judges determine a fair division

Georgia courts do not use a simple formula to determine what is fair. Instead, judges weigh several unique factors. They consider the complete picture of your life together and your financial prospects moving forward. Key factors that a court may consider include:
  • The length of the marriage and the financial standing of each spouse
  • The contributions of each spouse to the marriage, both financial and nonfinancial (like homemaking or supporting a spouse's career)
  • The future needs and earning capacity of each party after the divorce
  • The separate assets of each spouse
No fixed percentage or magic calculator exists. The court's goal is to ensure the final distribution is “just” for both parties based on these and other unique facts.

Taking control of the process

You do not have to leave the decision to a judge. You and your spouse can determine your own asset division plan through negotiation or mediation. A “settlement agreement” allows you to define what "fair" means for your family, which helps you avoid the uncertainty of a court’s ruling. Most importantly, you retain control over the outcome, thereby protecting your family’s privacy. However, a judge must still review and approve the agreement to ensure it complies with the law and is not the product of fraud, duress, or mistake, with particular scrutiny if the agreement involves child custody or support.

The value of experienced counsel

Reaching an acceptable settlement for a complex marital estate requires careful attention to detail. Equitable distribution is complex and fact-specific. Ensuring that you value, classify and distribute these assets fairly under Georgia law underscores the importance of having experienced legal representation. A skilled divorce attorney can protect your financial interests and future economic well-being.]]> On Behalf of Baskin & Baskin, P.C. <![CDATA[How to seek financial stability after your divorce]]> https://www.baskinfamilylaw.net/?p=46992 2025-08-05T14:45:41Z 2025-08-05T14:45:41Z While you may feel relieved to be done with a marriage that was no longer working, it can be challenging to adapt to your finances to live on one income. However, regaining financial balance is not impossible, especially when you are proactive.  Here are a few ways you can seek financial stability and harmony after your divorce.

Know where your finances currently stand

You can get a good idea of where your finances currently stand by making a list of your:
  • Assets
  • Expenses
  • Liabilities
  • Income sources
You can get this information from things like bank statements, credit card statements, credit reports, budgeting tools and other sources. 

Create a budget

A well-structured budget can allow you to prioritize your spending, save for the future and live within your means. If you are unsure of where to start, Wallethub lists several budgeting strategies you can utilize. They include:
  • 50/30/20 budgeting
  • 70/20/10 budgeting
  • Envelope budgeting
  • Zero-based budgeting
  • Pay yourself first budgeting
  • Values-based budgeting
These different budgeting options account for people with varying financial situations and goals.  

Build an emergency fund

Once you have a more accurate picture of how much money you have and need to cover expenses, you can start building up an emergency fund. These funds can provide you with a safety cushion for any financial emergencies you may face. According to NerdWallet, you should ideally have about three to six months of living expenses in savings. However, this may not be attainable for everyone. Any amount that you can afford to put in your emergency savings can be beneficial.

Seek advice from a financial professional

Getting your finances in order can be incredibly overwhelming. Thankfully, it’s not a task you have to take on alone. Working directly with a financial advisor or planner can provide you with the right knowledge and guidance on how to manage your assets, set your expectations for what your financial life will look like after divorce and help you work toward your independent financial goals. 

The steps you take today can shape your tomorrow

You may worry about your financial situation after a divorce. However, the picture you paint doesn’t have to be dark and gloomy. By being proactive and taking the appropriate steps, you can find stability and peace of mind as you navigate this new chapter of your life.  If you face any financial-related legal challenges after your divorce, professional help and advocacy are available. ]]> On Behalf of Baskin & Baskin, P.C. <![CDATA[A guide to Georgia custody laws: What should parents know?]]> https://www.baskinfamilylaw.net/?p=46984 2025-05-07T21:22:08Z 2025-05-07T21:22:08Z What types of custody does Georgia law recognize? While most people think about the custody in terms of which parent cares for the child every day, Georgia law actually recognizes two types of custody:
  • Legal custody: This is the right to make important decisions about a child’s life, like their education, healthcare, and religion. Parents can share legal custody, meaning they work together on these decisions.
  • Physical custody: This is about where the child lives daily. A child may spend time with both parents if they share physical custody, or the child may live mainly with one parent who has sole custody.

How does the court make custody decisions?

Georgia courts consider several factors to determine what arrangement best serves the child's interests. These include:
  • The child's needs: The court checks which parent can best meet the child's emotional, educational and physical needs.
  • Parental stability: The court considers the health and ability of each parent to provide a stable home.
  • Child's preference: A child can express a preference for which parent they wish to live with. However, the final decision still rests on the child's best interests.
  • Parental involvement: The court looks at how involved each parent is in the child's life, like participation in school events.
  • Family relationships: The child's relationship with siblings and other family members can affect custody decisions.
  • Parental cooperation: The court considers if parents can help the child maintain a good relationship with the other parent. A history of trying to keep the child away from the other parent can hurt a custody case.
  • History of abuse: Any history of violence or substance abuse by a parent is important in deciding custody.

Those details can change. Can custody orders change with them?

Custody arrangements are not set in stone. These arrangements can change if your family circumstances change. This could involve a change in the child's needs, parental relocation, or a change in either parent's ability to provide care.

Understanding Georgia law can help parents reach a fair arrangement

By focusing on the child's best interests, Georgia courts aim to create custody arrangements that support the child's growth and development. For parents, it is crucial to remain informed and, if necessary, seek legal counsel to ensure that they can protect both their rights and their child's welfare.]]> On Behalf of Baskin & Baskin, P.C. <![CDATA[3 unique challenges of same-sex divorce in Georgia]]> https://www.baskinfamilylaw.net/?p=46978 2025-02-10T19:21:14Z 2025-02-10T19:21:14Z Same-sex marriage has been legal nationwide since 2015, but what happens when these relationships end? Divorce is never easy, regardless of spouses' orientation. However, same-sex couples in Georgia may face unique challenges when separating. The Supreme Court ruling that legalized same-sex marriage nationwide granted same-sex couples the same rights as opposite-sex couples. However, the path to divorce for these couples can still be complex due to various legal and historical factors.

Spousal support

In Georgia, the amount of spousal support, or alimony, depends on a couple's length of marriage. The 2015 decision recognized same-sex marriages, but many couples had been together for years before this ruling. Unfortunately, Georgia does not recognize these earlier years as part of the marriage duration. As a result, the recognized length of the marriage is often much shorter, potentially leading to reduced spousal support. This can be unfair to a spouse who may have expected more support.

Property division

Similar to spousal support issues, the state-recognized length of a marriage affects how courts divide property. Georgia is an equitable division state, which means that assets and debts parties acquired during a marriage are eligible for fair division between spouses. But if the state only acknowledges the marriage as starting in 2015, assets collected in the years before may not be marital property. This can lead to an unfair division of assets for long-term couples.

Child custody

When children are involved, things can get even more complex. Non-biological parents in same-sex couples might face an uphill battle when seeking custody. This is especially true for children born before 2015, as the law considers them born "outside of marriage." In these cases, Georgia law often grants custody solely to the biological mother unless the other parent takes legal steps to establish parentage. As same-sex couples weigh their options for the future, it's essential to recognize the unique challenges they may face in the event of a divorce. By understanding these complexities, couples can better prepare for the potential obstacles ahead and work towards a more equitable and just outcome.]]>