Extreme Caution When Dividing Retirement Benefits

Divorcing spouses need to use extreme caution when dividing their retirement benefits.  Pro-se litigants especially can reap severe consequences by not understanding the importance of having a QDRO drafted for certain retirement plans. Be aware that when a QDRO is needed, it should be drafted with great specificity. Any attempt to not utilize a QDRO when applicable can result in severe financial consequences. Be vigilant.

Post written by: Tiffany R. Lunn Esq.

Phone: 770-492-2974

Published in: on September 27, 2010 at 12:01 pm  Comments Off  
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Determining if Separate Maintenance is the best choice for you

Couples may decide not to divorce for a variety of reasons.  In Georgia, an alternative to divorce is separate maintenance (also referred to as legal separation).  A separate maintenance action can address a number of issues such as: custody/visitation, which party will pay for each debt of the parties while separated, and financial maintenance for a party and/or children of the parties while in a state of separation.

The parties should keep in mind that any legal determination or agreement  in regards to a legal separation may have an effect on a divorce, if one should later occur.  A separation agreement between the parties could also be later utilized, if necessary, to streamline a divorce action and save the parties additional fees and expenses.

The parties cannot remarry while in a state of  legal separation and will not be granted a Final Decree of Divorce unless or until they divorce. A legal separation should be taken very seriously. Any agreement should be worded in such a way as to fully address all relevant issues allowable by Georgia law.

Post written by: Tiffany R. Lunn Esq.

Phone: 770-492-2974

Published in: on September 6, 2010 at 12:02 pm  Comments Off  
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Paternity and DNA Testing (GA)

There are a number of reasons to have the paternity of one’s child established.  However, in Georgia, fathers should be mindful that establishing paternity or acknowledging paternity does not give a father, whose child is born out-of-wedlock, legal rights to that child.  The child must be legitimated.  Legally establishing paternity through genetic testing should be considered whenever paternity is in question.  To find out more about paternity in Georgia, see:  http://famdiv.fultoncourt.org/index.php?option=com_content&task=view&id=34&Itemid=57

Post written by: Attorney Tiffany Lunn

Phone: 770-492-2974

Published in: on September 4, 2010 at 12:01 am  Comments Off  
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