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Talking about a prenuptial agreement before getting married can feel uncomfortable, but for many couples, it is a practical and loving decision. Here is an honest look at what prenups do and do not do. A Prenup Is Not a Prediction of Divorce Many couples resist prenups because they feel it signals a lack of trust or confidence in the marriage. In reality, a prenuptial agreement is simply a financial plan similar to having insurance. It acknowledges that life is unpredictable and prepares both parties accordingly. What a Prenup Can Cover A prenuptial agreement can address how property and assets will be divided in divorce, whether alimony will be paid and in what amount, how premarital debt will be handled, and how a family business will be protected. What a Prenup Cannot Cover A prenup cannot predetermine child custody or child support. Courts in Georgia will always evaluate these issues based on the best interest of the child at the time of the divorce, and any prenup provision attempting to limit this is unenforceable. Both Parties Need Independent Counsel For a prenuptial agreement to be enforceable, both parties should have independent legal representation. An agreement signed without full financial disclosure or under pressure may be thrown out by a court.

The family home is often the most valuable asset a couple owns and one of the most contested in divorce. Here is how Georgia handles the family home during divorce proceedings. Is the House Marital Property? If the home was purchased during the marriage with marital funds, it is generally considered marital property and is subject to equitable distribution. If one spouse owned the home before marriage or received it as an inheritance, it may be treated as separate property though this can become complicated if marital funds were used to pay the mortgage or make improvements. Your Options for the Family Home In most divorces, the parties have three main options: sell the home and divide the proceeds, one spouse buys out the other's interest and keeps the home, or in rare cases involving minor children, the custodial parent remains in the home temporarily until the children finish school. What About the Mortgage? Whoever keeps the home will need to either refinance the mortgage in their name alone or assume the existing mortgage (if the lender permits). Simply having one spouse's name removed from the deed does not remove them from the mortgage obligation which is a common and costly mistake. Get a Professional Valuation Before agreeing to any settlement involving the family home, make sure you have a current, independent appraisal. Real estate values change, and an accurate valuation is essential for a fair division.

Before many Georgia family law cases go to trial, parties are required to attempt mediation. Here is what to expect and how to make the most of the process. What Is Mediation? Mediation is a confidential process in which a neutral third party (the mediator) helps the parties reach a mutually agreeable resolution. The mediator does not make decisions — they facilitate conversation and negotiation between the parties. Is Mediation Required in Georgia? In most Georgia counties, mediation is required in contested divorce, custody, and modification cases before the matter can proceed to a judge. This requirement helps reduce court backlogs and encourages parties to resolve disputes on their own terms. What Happens During Mediation? Typically, both parties and their attorneys meet with the mediator. The mediator may speak with both parties together or separately. Sessions can last several hours. If an agreement is reached, it is put in writing and submitted to the court for approval. Tips for a Productive Mediation Come prepared with financial documents, a clear sense of your priorities, and an open mind. Know your bottom line, but be willing to compromise on less critical issues. Your attorney can help you prepare and will be present to protect your interests throughout the process.

When a Georgia marriage ends in divorce, the couple's assets and debts do not automatically get split 50/50. Instead, Georgia follows the principle of equitable distribution. Here is what that means for you. Equitable Does Not Mean Equal Equitable distribution means that marital property is divided fairly but not necessarily equally. A 60/40 split, or even a more unequal division, may be considered equitable depending on the circumstances of the marriage. What Is Marital Property? Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name they are in. This includes the family home, retirement accounts, vehicles, bank accounts, and business interests built during the marriage. What Is Separate Property? Separate property includes assets owned by one spouse before the marriage, as well as inheritances and gifts received by one spouse during the marriage. Separate property is generally not subject to division but it can become marital property (or 'commingled') if it is mixed with marital assets. Factors That Influence Division Georgia courts consider factors like the length of the marriage, each spouse's financial situation and earning capacity, contributions to the marital estate (including non-financial contributions like homemaking), and any misconduct that caused the marriage to break down.

In today's connected world, social media activity is increasingly used as evidence in divorce and custody cases. Here is what you need to know about protecting yourself online. Courts Are Paying Attention Judges and opposing attorneys routinely review social media during divorce and custody proceedings. Seemingly innocent posts — photos from a vacation, a comment about your income, or a status update about your living situation — can all become evidence. Common Ways Social Media Hurts Cases Posts that contradict financial disclosures (such as posting about a luxury purchase while claiming hardship), photos involving alcohol or inappropriate behavior, negative posts about the other parent, and location check-ins can all be used against you. Best Practices During Divorce or Custody Proceedings The safest strategy is to stay off social media entirely during proceedings. If that is not realistic, avoid posting anything about your relationship, finances, dating life, or your children. Do not discuss the case online under any circumstances. Do Not Delete Old Posts Without Advice Deleting evidence — even from your own social media — can constitute spoliation of evidence, which is a serious legal issue. Before removing anything, consult with your attorney about what is permissible.

Divorce can be financially devastating if you are not prepared. Taking the right steps early can protect your financial future and reduce stress during an already difficult time. Gather Financial Documentation Now Before or immediately after filing for divorce, gather copies of all financial documents: tax returns, bank statements, retirement account statements, investment accounts, property deeds, vehicle titles, and any debt records. These documents are essential for an equitable division of assets. Open Individual Accounts If you do not already have bank and credit accounts in your name only, open them now. You will need access to funds for living expenses and legal fees. Avoid draining joint accounts, as courts may view this negatively. Understand Marital vs. Separate Property In Georgia, marital property assets and debts acquired during the marriage — is subject to equitable division. Separate property (owned before marriage or received as a gift or inheritance) generally is not divided. Understanding this distinction is crucial. Do Not Make Major Financial Moves Without Counsel Do not sell assets, transfer property, run up debt, or make major purchases without first consulting your attorney. Courts look unfavorably on financial misconduct during divorce proceedings, and it can affect the final outcome.

Estate planning is one of the most important things you can do for your family yet it is also one of the most commonly neglected. Here are five mistakes we see regularly, and how to avoid them. Mistake 1: Not Having a Plan at All The biggest estate planning mistake is having no plan. Without a will or trust, Georgia's intestacy laws decide what happens to your assets. This often results in outcomes that do not reflect your wishes and can create significant conflict among family members. Mistake 2: Failing to Update Documents After Major Life Events Your estate plan should be reviewed after marriage, divorce, the birth of a child, the death of a beneficiary, or a significant change in your financial situation. An outdated will can result in assets going to the wrong people or to an ex-spouse. Mistake 3: Ignoring Beneficiary Designations Retirement accounts, life insurance policies, and bank accounts often pass through beneficiary designations rather than your will. If these are not updated, your assets could go to someone you no longer want to receive them regardless of what your will says. Mistake 4: Not Planning for Incapacity Estate planning is not just about what happens after you die. A durable power of attorney and healthcare directive are essential for managing your affairs if you become unable to do so yourself. Without these, your family may have to go to court. Mistake 5: Using DIY Documents Online will templates and do-it-yourself estate planning tools may seem convenient, but they are frequently inadequate. A document that is not properly executed under Georgia law including proper witnessing and notarization may be invalid. Working with an experienced attorney ensures your plan is legally sound.

Our offices will be closed on Monday, May 25, 2026, in observance of Memorial Day. If you have a pending matter and need to reach us, please leave a voicemail or send an email and a member of our team will respond promptly when we return on Tuesday, May 26 th . For existing clients with urgent emergencies, please contact your attorney directly.  We are grateful for the brave men and women who gave everything in service to our country. From our family to yours — thank you, and Happy Memorial Day.

Grandparents’ rights in Georgia are governed by O.C.G.A. § 19-7-3, which allows for visitation or custody under limited circumstances. In Clark v. Wade, the court emphasized that parental rights are fundamental and can only be overridden when necessary for the child’s welfare. Grandparents must demonstrate that denial of visitation would harm the child. This is a high legal standard that requires strong evidence. At Chisolm Trimble & Associates, we help grandparents navigate these complex cases while respecting the legal balance between parental rights and the child’s best interests. These cases require careful legal strategy and detailed documentation.  If you need assistance, please contact Chisolm Trimble & Associates immediately at 770-741-1570.