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Divorce: 4 Important Things to Consider Before Saying, I Don’t

Divorce: 4 Important Things to Consider Before Saying, I Don’t

Today we live in a disposable world with very few things remaining that can’t be switched out for something new or different.  Abandoning a marriage and hiring a family lawyer has become much too easy.  Even if you have felt for a long time that there is no hope left in your marriage, there may be a variety of worthwhile options to consider before “pulling the plug”.  Presumably, careful consideration went into your decision to marry in the first place, make sure an equal amount of thought and deliberation go into the decision to end it.

Mediation to Save A Marriage

Typically mediation is used to bring parties to a resolution when a relationship is ending, or a contract has gone horribly wrong and the parties want to avoid a protracted battle in court.  However, the basics of mediation are very useful for situations where the parties want to remain together.

First, what is mediation?  This is a process where the two “opposing sides” bring in a neutral, skilled third party that will help the two sides work out their differences and come to a mutually agreeable understanding.

Lawyers Perth advise that using mediation to stay married is a fantastic way to iron out some of the issues and problems that have brought the couple to the brink of divorce.  Just like other forms of mediation a skilled neutral party is engaged to identify each spouses goals, desires, gripes, and concerns and then to “drill down” and explore what situation the couple could create to resolve those differences and recommit to the relationship.

Marriages are fraught with loaded phrases and emotionally triggering language.  “She wants to control everything I do” or “He is the least romantic person in the world” are phrases that while possibly accurate, aren’t helpful to ultimately resolving the core problems in a marriage.  The mediators job is to assist the couple in moving away from these types of charged expressions  and actually “operationalize”  with a high degree of accuracy what each spouse could agree to in order to meet the other’s needs.

Postnuptial Agreements

What is a post nuptial agreement?  It’s simply a contract entered into by the two spouses after the marriage begins that governs some or all of the terms of the marriage.  Most people are familiar with its cousin, a prenuptial agreement, but the postnuptial is a tool that can be used effectively to help a couple resolve some of the problems that may have cropped up after they were first married and have brought them to the brink of divorce.

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Protecting Your Company From Ransomware Using Law and Technology

Protecting Your Company From Ransomware Using Law and Technology

First, it’s important to understand what “ransomware” is.  Ransomware is computer malware (a malicious program) that installs secretly on a person’s computer, executes a cryptovirology attack (installs a virus) that harms the computer or data on the computer, and demands a ransom payment to restore it.  More advanced programs actually encrypt the victim’s files which make the unreadable and also demands payment to decrypt them.

The history of ransomware started around 2005 with the first know attack using a program called “Gpcoder”.  Since them, the use of ransomware has increased exponentially.

What is the best way to defend against a ransomware attack?

  • Prepare in advance
  • Run the appropriate anti-virus software on all critical systems
  • Ensure that data is backed up onto computers not connected to your critical systems

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Understanding Child Support

Understanding Child Support

In 2008 the law regarding child support calculations in Georgia underwent a radical change. Prior to the 2008 changes you stood a fairly good shot of being able to figure out your child support obligation on the back of a napkin. Today the Georgia courts use an income sharing approach to determine child support payments.

A large number of factors are considered in making a child support determination. To make the calculations you are going to need your laptop loaded with Excel, a copy of the Official Code of Georgia, and arguably a law degree to make sure that the calculations are done in your best interest.

Naturally as attorneys, we are all ecstatic that what was once so clear is now hidden in algorithims so deep it’s clear that no one in the Georgia Legislature actually understood the math before they passed the law. That’s an issue you can take up with your local representative at a future date.

At the moment you will need a law firm that is familiar with the new system of calculations and how each judge applies them.

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Is Alimony Still a Thing?

Is Alimony Still a Thing?

There have been significant changes in the law since the 1970′s when courts routinely awarded one spouse periodic alimony payments that amounted to transfer payments of nearly half the payer’s future income. Although this type of award is not generally very common today the reason for this is more a matter of policy than law.

As more couples hold down full time jobs the perceived need for alimony payments has diminished in some judges eyes. However, alimony is a big factor in many divorce proceedings especially where there is a significant income disparity between spouses or where children are involved.

In Georgia, child support is a form of Alimony. Smith v. Smith, 254 Ga. 450, 451 (330 SE2d 706) (1985). For this reason the trial court is vested with significant powers governing awards of alimony.

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How To Choose The Right Financial Planner For Your Business

How To Choose The Right Financial Planner For Your Business

If you have decided that you are going to employ the services of a financial planner to help your business then your wise decision has already put you one step ahead of most of your competition. Financial planning is vital for all businesses whether they are large or small, but how exactly do you choose which financial planner to use, and what should you be looking for when choosing one.

The first and easiest way to find a tried and tested financial planner is to ask your business contacts for referrals. Within your local business organisations or networking groups, there are bound to be other business owners who have used financial planning services in the past. Enquire in what circumstances they decided to use a financial planner, and most importantly ask how much of a positive impact they had on their business.

The second place to look is professional bodies that competent financial planners might belong to. The Association of Financial Planners is one such body, as is the Financial Planning Association. Any financial planner who is a member of these organisations or other professional bodies is not likely to do so, nor remain a member for long, unless they have a large portfolio of satisfied clients.

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Is Putting Your Kids First Placing Them on the Front-Line?

Is Putting Your Kids First Placing Them on the Front-Line?

Obviously, that is one of a parent’s greatest fears. When a Divorce involves children, likely the most important issue is the custody of the children.

The hope is that the divorcing parents can reach a resolution that is in the best interests of their children. Often, however, parents can have dramatically different ideas as to the appropriate arrangements for the children. In such a case, where both parties sincerely have the best interest of their children at heart, a divorcing spouse should consider being sensitive to the wishes of the objecting spouse for the sake of their children.

Sometimes however, rather than a failure to see eye to eye on a particular issue, one parent is well, a hot mess, and the need to protect your child or children from further influence by the offending parent is to zealously fight to limit access the offending party’s access to your children.

Each family is different and the challenges each parent faces are unique. The resolution of child custody disputes is often complicated and the details can be very important in how your children transition through this very difficult time in their lives. Our firm has experienced and knowledgeable attorneys who can assist you resolve child custody disputes.

With more than 20 years of combined experience, the attorneys of The Law Offices of Martin M. del Mazo have helped parents find a solution to this difficult issue. We will help you find the resolution that is in the best interests of both you and your children.

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Understanding the Mechanics of Divorce

Understanding the Mechanics of Divorce

The Uncontested Divorce

According to Accelerate Family Lawyers when it comes to family law it is a common misconception that an uncontested divorce is a type of divorce; it’s not. When you go to the courthouse you don’t file an uncontested divorce. The uncontested part of the divorce is the settlement agreement that is attached to the divorce, it is the stage that you reach in a divorce proceeding marked by agreement. Fundamentally, if you don’t have a settlement agreement, you don’t have an uncontested divorce. Don’t make the error of putting the cart before the horse. If you don’t have an agreement, you don’t have an uncontested divorce; even if you want one the other side might not agree to your terms.

If you and your spouse can agree on the terms of the dissolution of your marriage then filing an uncontested divorce is the most reasonable way to proceed in your divorce case.

What are the benefits of agreeing to the terms of your divorce? First, anytime you can agree to anything in your case it’s much cheaper. What are the disadvantages of agreeing to the terms of your divorce? Well none if you can agree to the terms. The question is what are the terms of the divorce? If you are satisfied with the terms of your divorce settlement then you have an uncontested divorce. Realistically people who have been married for a long time, have significant assets or very different parenting styles may not reach the uncontested stage of the divorce proceedings as quickly as a couple with no children, no property and little time together.

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Prioritize Your Response

Prioritize Your Response

Experienced family lawyers advise that if you are confronted by the possibility of a rapidly deteriorating marriage you will need to know the best way to respond to your spouses conduct so that you both minimize the harmful effects of their behavior and to maximize your to protect what is most important to you.

The First Step is the hardest.

It hardly needs to be said, but it does not hurt to be reminded: Don’t panic. Immediately remove yourself and your child from any situation that could become harmful to either of you.

Show some dignity. Never attempt to resolve your marital differences on Facebook or in your own driveway. Remember that public scolding, shaming, or even attempting to reason with or otherwise trying to influence your spouse, once they have made up their mind to leave the marriage, is wholly ineffective. The utilization of such tactics generally means that you will be engaging in pointless argument, at best, and at worst you could be jeopardizing your safety.

You may hope to reconcile with your spouse at some future date but it would be unwise to expect them to change without professional help.

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