Georgia, unlike many U.S. states, takes bad conduct into consideration in divorce cases. Allegations of bad conduct are frequently at the heart of contested divorce cases, and they can have a major impact on your case. Grounds for divorce include:

• Cruel treatment: One of the most common of those fault grounds for divorce is cruel treatment. Essentially, cruel treatment is any action that one spouse willfully inflicts upon the other that causes the receiving spouse to worry about his or her physical or mental health. Cruel treatment can be physical mistreatment, verbal mistreatment or emotional mistreatment. Anything constituting domestic violence also constitutes cruel treatment. Domestic violence or any other form of cruel treatment can affect a variety of issues including child custody and visitation.
• Adultery: Georgia is different from other states in that adultery does affect certain aspects of a divorce. Most notably, adultery is an automatic bar to alimony.
• Desertion: Desertion is defined as willful and intentional abandonment of marriage for one year or more. Many people think that desertion refers to one spouse packing up and leaving, moving to another home, to another city or to another state entirely. While this is possible, desertion can occur with both spouses remaining under the same roof. If there has been no physical relationship for one year or more, meaning that the spouses do not sleep together or that they stay in separate rooms, this constitutes desertion.

While many cases are filed under the ground of irretrievably broken which is referred to as the no-fault ground, others are filed on the grounds that one side was at fault based on any of the conduct above. The spouse accused of being at fault for the divorce based on these grounds may receive a less favorable outcome than if there was no fault. In other words, having grounds for divorce does make a difference. Our team of experienced divorce attorneys will carefully review your case to determine whether any such allegations should be made or to fight against any allegations that have been made against you.

High-value assets often mean a complex financial picture with diverse income streams, assets and investment vehicles. Liquidation and asset division is often not the best option if you want to maintain their value. You need a divorce attorney in Georgia, who understands the need for asset protection as well as the requirement for a fair and equitable division of marital property in accordance with Georgia statutes. We’ll take great care to protect what is yours. There are a number of special considerations in a high asset divorce including:

• Discretion: We know that discretion is important in all family law matters, especially in a high-asset divorce. At Abbott Logan, we work with our high net worth divorce clients to develop separate agreements that will not be a part of the public record.
• Protecting Your Business: If you own a business or if your spouse owns a business, it is probably in the best interest of both of you to keep your business viable and growing. Our divorce lawyers can work with you and accountants to determine how to accomplish asset protection while ensuring that both spouses receive fair value from the business.
• Determining Income: How much does a business make? How much is your income and your spouse’s income? If one spouse has hidden assets or is under-reporting gross income, it can make a material difference in your property division agreement, the time and length of alimony, and the amount of child support payments. Our divorce attorneys will work with forensic accountants to ensure a fair and accurate reporting of assets in your case.
• Determining Marital Assets: Marital assets are any assets acquired during the marriage (except gifts and inheritances) and are generally considered to be jointly owned by both spouses. Separate property and assets are generally that which were acquired prior to marriage and inheritance funds that have not been commingled, but there are several other exceptions as well. If the existence of hidden assets is discovered after the divorce is final, or if your ex-spouse does not meet the settlement agreement requirements, we can take your case back to court for a divorce contempt action.
• Tax Issues: Navigating tax issues concerning business assets, income, investments and property will be a major component of your successful outcome in divorce. Other significant assets we will help you evaluate and preserve include pension, IRA and 401(k) accounts, each of which will require a Qualified Domestic Relations Order (QDRO) to divide tax-efficiently.
• Stocks and Bonds: While some portion of these investments may be considered separate property, if they were purchased prior to your marriage, contributions and earnings during the marriage are considered marital property. They are subject to the rules of equitable distribution.

While we will work toward a negotiated settlement agreement whenever we can, we know that option is not always realistic in contested divorce cases. We are always well prepared to fight aggressively for you in court if your case goes to trial. Before any decisions are made, we will make certain that you understand what you are getting into. The reality of contested divorce cases is that they can become costly and last a significant period of time, particularly when they go to trial. Our team will keep you informed of all your options so you can understand the costs and the benefits and make the best decisions for you and your family.