Schedule An Appointment
706-327-0911
Modifications – Appeals - Distribution
Post-Decree Modification, Appeals and Distribution
What is Post-Decree Modification?
After a divorce is finalized, there may be changing circumstances that demand alterations to the divorce agreement. These alterations are known as post-decree modifications. They are motions requested by either party after a divorce, either as a reflection of changing circumstances or a breach of contract between the ex-spouses. Post-decree modifications can affect child custody, child support, or alimony.
The ideal divorce is final in every sense of the word—a good divorce agreement does not need alteration. Continuing litigation is never ideal, even for the person that initiates it. However, it is sometimes necessary. For example, a spouse may lose his or her job or require more to support themselves. Sudden loss or gain of assets would justify a modification to the alimony agreement.
In the event that the two parties in dispute are parents, the court may assign a Guardian Ad Litem. A Guardian Ad Litem is a neutral party that solely represents the interests of the child, regardless of who has custody. They may interview both parents in order to help the court determine how they should respond.
The end goal for post-decree modification is to resolve changes quickly and decisively, allowing both parties to move on with their lives. Our family law attorneys can help simplify a potentially difficult process. Our experienced lawyers have a firm understanding of Georgia family law.
We are skilled negotiators, but in the event that your needs and rights are being ignored, we are also aggressive trial lawyers. We seek nothing less than the absolute best results for you and your loved ones.
Family Law Appeals
An appeal is a legal action that asks a court to review a decision previously made by a lower court. The hope of an appeal is that the higher court will rule differently, ideally in the favor of the person who filed the appeal. Appeals are made as a result of an “adverse decision,” or a decision that did not legally favor you. However, you cannot simply make an appeal because you did not like the result of a court decision—you must have legal grounds, or a valid justification for the appeal.
Legitimate reasons for an appeal include:
- Mistakes made by the court
- A misunderstanding or misrepresentation of the facts
- The revelation of new or newly-relevant facts
- Misunderstanding / misapplication of the law
The purpose of appeals is ultimately beneficial for filers—they provide a way for mistakes committed by the court to be undone by higher authorities. If you have been subjected to a court decision that neither fair nor justified, appeals give you the second chance you need. However, you will require an attorney for the appeals process. An attorney will be able to determine if you have grounds for an appeal and file on your behalf.
How Does Property Get Divided in A Georgia Divorce?
Georgia family law courts abide by a principle of “equitable distribution.” What this means is that a judge will divide property according to what is “fair,” not necessarily what is equal. For example, a higher earner may claim more than half of the estate in a divorce according to his or her income.
Before the assets can be divided, however, the court must determine what “marital or separated” property is. These labels refer to what property is jointly-owned by the spouses, and what belongs solely to one couple. For example, an heirloom from a grandmother would be a small example of “separated” property. For real estate, couples are not asked to literally divide the house, rather, the court will determine the total value of all property, and assign a percentage of total value to each spouse.
The process of property distribution is a complex process, even in amicable divorces. The complexity of property distribution can be mitigated through cooperative negotiation. When spouses empower themselves to divide the property according to what they believe is fair between each other, they avoid the potentially unpredictable decision of the court. Though state laws have been designed to provide for spouses what is fair, no one knows your own situation better that you and your spouse.
Our lawyers are highly-skilled in discovery and negotiation, meaning we can make sure that each and every asset that ought to be divided is counted. For property distribution cases of all kinds, you can count on the insight of our family law attorneys.