Divorce Advice for Men | Fathers Rights Divorce | Child Custody

EXAMINING ANTENUPTIAL AGREEMENTS

by Ravelle Smith, JD of Cordell & Cordell, PC

In the past, agreements that contemplated for the dissolution of the marriage prior to the actual nuptials have been held to be invalid.  The legislature decided that such a practice was against public policy in that it promoted divorce.  This absolute barring of antenuptial agreements has such been repealed, and there is now a test in order to see if a prenuptial agreement passes muster in the State of Georgia.

by Ravelle Smith, JD of Cordell & Cordell, PC

Often people aren’t sure if they have a cash balance plan, a defined benefit plan, a defined contribution plan, or any of the other several retirement vehicles that exist.

In many cases, especially where there are lengthy negotiations over other issues, it is easy to get a little slipshod when it comes to the distribution of the parties’ retirement assets.  For example, one party may propose to “divide the assets in half” and the other party agrees, and something to that effect gets drafted into a settlement agreement.  However , retirement benefits can be a little more involved than some of the other issues in a dissolution of marriage. 

What New Legislation Means In One State

by Ravelle Smith, JD of Cordell & Cordell, PC

There are several things the courts can consider when determining to deviate from the basic child support obligation.

This requires a genuine selflessness.

By Ravelle Smith, JD of Cordell & Cordell, PC

When children are involved in domestic matters, it is often a source of contention as to how much time a parent is going to get with their kids. When there aren’t any extraneous circumstances concerning the non-custodial parent and the child, standard visitation schedules seem to be an appropriate starting point to provide contact.  Standard visitation is often looked at as overnights from Friday to Sunday, alternating holidays, and extended time during the summer months.  When the bond between the child and the non-custodial parent are strong, additional visitation should be considered and implemented.    But, various things happen when the situation between the parent and child are not ideal, or there are special circumstances that challenge the normal visitation schedule.

By: Ravelle Smith of Cordell & Cordell, PC

Know Your Rights.

In cases in which visitation is denied, the first thing you should know is what your actual rights are. To have established visitation rights, there must first be an order of the Court that authorizes visitation of a party to see the minor child. Usually, an order will set out the actual days in which you are entitled to visit. 

If it has, then you are able to refer to it and see exactly what time periods your are entitled to. This may sound like a very basic step, however it is important to note that not all Orders of the Court provide for visitation. In legitimation proceedings, visitation is not awarded unless the mother consents. Therefore, if the mother does not consent, a separate action to establish visitation must be brought before the Court.