The post Property Tax Appeals and Why You Should Have Representation first appeared on The Law Office of Ashley McCartney, LLC.
]]>The BOE is a “jury of your peers”. They are volunteers from the community that serve to hear your appeal. Once at the hearing, you will be faced with the County appraiser and the County’s supporting documents, usually comparables based on sales and equity from your neighborhood code. If you go in without sufficient documentation supporting your requested value, the County almost always wins. Even if you do, the members of the BOE are often rubber stamps for the County’s value. If the taxpayer is dissatisfied with the determination of the BOE, there is a right to appeal to Superior Court. At that stage, there will be a Settlement Conference with the taxpayer or their representative.
If there is no agreement, your tax appeal is certified to Superior Court and the case will be ordered to mediation. At this stage of the appeal, a County attorney is assigned to the case. It is rare, but if there is still no agreement as to the fair market value of your property, the case will go to trial. Especially if you have more than one property, having an attorney represent you at the BOE hearing stage can be a huge benefit.
I’ve been representing taxpayers in Fulton and Dekalb Counties in property tax appeals at all stages for eight years. For someone without experience, it is quite a system to maneuver through, because of course the County does not want to lower your property value. There are many pitfalls and minutiae that discourage or even prevent the taxpayer from exercising their right to appeal. Consider this when filing your appeal. If you think you need legal representation, contact me for a consultation.
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]]>The post 2 benefits of being the one to file for divorce first appeared on The Law Office of Ashley McCartney, LLC.
]]>Some people stay miserable in unhealthy marriages for years as they wait for their spouse to choose divorce. The stress and unhappiness that couples experience when they stay together out of stubbornness are bad not only for them but often also for the children that they may have with one another. Although it can be hard to make the decision to file for divorce, there are actually benefits that result from being the one to act first.
Obtaining a fair outcome in a divorce, especially if things become heated between the spouses, requires accurate information about the household finances. From tax returns to records of household bills and bank statements, there are many kinds of financial records that people need to obtain during the divorce process. It can be time-consuming and expensive to do so through legal avenues like discovery during the divorce process. Those who decide to file on their own can gather the paperwork they need ahead of time.
Those filing initial paperwork with the courts can put together a suggested settlement regarding shared property and any custody matters that the couple would need to address. In other words, they establish the starting point for settlement negotiations. In a scenario where the spouse served with divorce paperwork does not counter the suggestions or respond to the filing, the courts may potentially grant someone the exact terms they requested. Although divorce by default is not common, it is still beneficial for those preparing for divorce to set achievable goals for themselves.
As a final note, those who make the decision to file divorce paperwork will also have control over the timing, which can mean that they can avoid a situation that might affect a child’s birthday or their performance on an upcoming work project.
Understanding why people make the decision to take the first move and file for divorce instead of waiting for their spouse to do so can potentially benefit those who are contemplating the end of an unhappy marriage.
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]]>The post When did LGBTQ divorce become legal in Georgia? first appeared on The Law Office of Ashley McCartney, LLC.
]]>However, that all changed in 2015, when same-sex marriage was legalized across the entire country. Due to this federal ruling, states were then compelled to honor these marriages. An offshoot of this is that LGBTQ divorce also became legal in Georgia, because there was an obligation for the courts to be able to dissolve these marriages that they could now create.
In fact, according to some reports, there were those who were very relieved when this legal change came simply because they had been waiting to get divorced and were unable to do so. The state didn’t recognize their marriage, but it was still legally binding since it happened in a different state, and so they could not get divorced in Georgia. After 2015, they finally could.
The big reason why these divorce cases get complicated is just that couples have probably been together for a lot longer than they have been married. This can create some problems and trying to determine exactly what to do about dividing assets or what will actually be fair in the situation.
For example, the default for opposite-sex couples is that only items purchased after they got married count as marital assets. But what if the same-sex couples had been living together for 20 years, and they weren’t legally allowed to get married? They would still buy assets that they owned together. Do those count as marital assets that need to be divided, what does that only start in 2015, when that couple could theoretically get married?
When things do get complicated, it’s very important for all involved to understand exactly what legal options they have.
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]]>The post Potential signs that your marriage is headed toward divorce first appeared on The Law Office of Ashley McCartney, LLC.
]]>As a result, it’s important to know what signs to look for if you think your marriage may be headed in that direction. A bit of forewarning and planning can help things go more smoothly. Below are a few signs to keep in mind.
Normally, a marriage without arguing would be a good sign. But if you frequently had arguments before and they suddenly stopped, it could be a sign that your spouse has decided to get divorced. Your spouse has simply stopped making an effort because they do not believe it matters anymore.
If both of you start spending more time at the office or with friends, it could be a red flag that you don’t enjoy a long time together. The reason for this friction could be anything, but this is an indicator that the two of you are drifting apart.
Another sign that divorce is on the horizon is when one spouse starts to become extra critical of the other, as it may mean that they are looking for faults or reasons to get divorced. They may simply have started seeing all of the negative sides of the relationship, and none of the positives, because they have mentally left that relationship already.
Couples are not always going to agree on every little thing. Sometimes, people do need to compromise and give things up. If one person refuses to do this and always has to get their way, it can quickly bring the marriage to an end.
If you do end up getting divorce this year, take the time to look into all of your legal options. You need to know what steps to take as you divide your assets or split custody time with your children.
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]]>The post What happens to a military pension during a divorce? first appeared on The Law Office of Ashley McCartney, LLC.
]]>A divorce can affect everything from health insurance to the pay that a servicemember receives. If they have pursued a career in the military, rather than just a single tour of duty, their military pension could also be an issue in their upcoming divorce.
What happens to a military pension when a married couple calls it quits?
Some people mistakenly think that military rules govern the division of property in modern divorces. However, you don’t file for divorce in the military courts. You must seek a divorce in the civilian family courts in the jurisdiction where you live.
Those currently stationed in Georgia or listing Georgia as their permanent residence will be subject to Georgia laws regarding property division. At least a portion of your military pension will likely be marital property that you will have to share under equitable distribution rules.
Equitable distribution involves a judge learning about the family’s history and the economic prospects of each spouse before entering what they believe is a fair ruling about splitting their property and financial obligations.
The reason that so many people believe the military courts govern the division of pensions is probably a misunderstanding of the 10/10 rule. The military does have an internal rule related to the distribution of pension benefits after a divorce. However, the military doesn’t determine how the courts divide a pension.
Instead, the 10/10 rule applies to the disbursement of funds. It’s your marriage has lasted for at least 10 years and you have had at least 10 years of active service during your marriage, then your dependent spouse can receive direct pension payments from the Defense Finance and Accounting Service. Otherwise, you may have to make payments when receiving your pension or split other property in a way that reflects the value of the pension accrued during the marriage.
Putting certain myths about military divorce to rest can help you better prepare for your divorce proceedings and your life after divorce.
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]]>The post 3 reasons families find themselves considering adoption first appeared on The Law Office of Ashley McCartney, LLC.
]]>Although it can be a complex legal process, adoption can give a child a family and an adoptive parent the legal authority and responsibility for a minor they love. The most common reasons for people to grow their families by adoption happen more frequently than you might expect.
Some people would love to have a child but have medical issues that make pregnancy unsafe or ethically problematic.
An individual undergoing cancer treatment may choose adoption out of concern for how the radiation and chemotherapy they receive might affect their ovum and the future well-being of any child they conceive. Those with certain genetic conditions or life-threatening medical issues may also choose to forgo traditional reproduction and look into adoption instead.
Fertility issues are another medical reason why couples adopt. According to the Centers for Disease Control and Prevention, as many as 19% of women experience issues getting pregnant, while 26% of women may have trouble carrying a pregnancy to term.
One of the noteworthy differences between same-sex couples and heterosexual couples is the potential for reproduction. Two women will not be able to bring new life into this world without some kind of outside help, and the same is true for two men.
Adoption can help those who want to be parents overcome reproductive limitations. Adoption can also help if one partner has already adopted a child or has a biological child. The spouse who does not already have a pre-existing biological or legal relationship with the child can adopt them. Stepparents in blended families sometimes pursue similar adoptions.
You may have never considered adopting until your sister went to prison or your brother died in a car crash. All of the sudden, there are family members who need support and who might go into foster care if you don’t intervene. Adoptions within a family are common when death, health issues, abandonment, addiction or incarceration prevent a parent from being there for the children.
Learning more about the reasons people pursue adoption may encourage you to take the next step to expand your family.
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]]>The post Who insures your children after a Georgia divorce? first appeared on The Law Office of Ashley McCartney, LLC.
]]>Many adults will have insurance coverage available through their employment. You and your spouse may have both had coverage available, and you may have chosen your policies based on costs or on the amount of coverage available.
When you divorce, that will change your eligibility for health insurance in some cases. Which parent will usually provide health insurance for the children after a divorce?
Parents have the option of making their own agreement about the division of parental responsibilities during a divorce. They can also ask the judge to make those decisions if they just can’t compromise with one another.
In either case, it is likely that your custody order will make one parent responsible for providing insurance. Often, the parent who has less parenting time and therefore pays child support will also have the obligation to provide health insurance under the Georgia laws about custody and parental responsibilities.
If something changes regarding your income or the coverage available through their employment, either of you may file a modification request to change how your family handles medical coverage for the children.
Sometimes, there is confusion about what providing health insurance coverage for the children means in a shared custody arrangement. Some parents will assume that providing the health insurance means that they also get to make the decisions about what health care their children receive or what physician they visit.
However, the custody order will likely explain legal custody just like it does insurance obligations. Legal custody or decision-making authority is often split or specifically assigned to one parent. Paying for health insurance won’t necessarily grant one parent more legal custody than the other.
Learning more about the rules that govern shared custody and parental responsibilities can help you prepare to split those crucial responsibilities with your ex.
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]]>The post What property will you have to divide in a Georgia divorce? first appeared on The Law Office of Ashley McCartney, LLC.
]]>This process is often fraught with conflict and confusion. Many people have unrealistic expectations about property division in a divorce. Understanding the rules that apply to your assets during a Georgia divorce will help you fight for the best possible outcome at the end of your marriage.
Many people have heard stories about spouses forced to divide every asset that they have in half or at least to split the value of their possessions evenly. That specific outcome would be unlikely in a Georgia divorce. Rather than applying the community property standard, the courts want to promote the equitable distribution of your assets.
Instead of just splitting everything 50/50, there is much more involved. Everything from your health and your custody arrangements to the length of your marriage and your unpaid contributions to the household will influence how much of the marital assets and debts you will receive in the divorce.
Once you get married, unless you signed a prenuptial agreement ahead of time, what you earn and the assets you purchase will belong to both of you. The property and the debts that you accumulate during your marriage will make up your marital estate, and all of that marital property is potentially subject to division in your divorce.
However, some of your assets may be separate property. Items that you owned before you got married and income you earned while still single are your separate property. Any inheritance that you received either before or during your marriage is also separate property.
Assets held in just one spouse’s name may be marital property if acquired during the marriage or with marital income. Your marital property and not your separate property will typically be what you have to split when you divorce. It may take some effort to determine which assets are separate and which are not. Recognizing the complexity of the property division process can help you better advocate for yourself as you plan your divorce.
The post What property will you have to divide in a Georgia divorce? first appeared on The Law Office of Ashley McCartney, LLC.
]]>The post 3 unique shared custody concerns that affect military families first appeared on The Law Office of Ashley McCartney, LLC.
]]>Sometimes, the career path of one parent will have a strong impact on the custody proceedings for the family. If you or your ex are a military service number, there will be issues that could come up in your custody negotiations or court proceedings that most civilian families won’t have to consider.
Being a military family means everyone already knows how unpredictable your family circumstances can be. You may have already moved multiple times in recent years.
While married, it’s easy to make arrangements for spouses and children to relocate along with a service member. That may not be an option after your divorce, especially if the spouse not in the military has ties to the community or can’t afford to relocate. Your family needs to address what would happen in that situation.
The branch of the military somebody serves in and the nature of their position will directly influence how demanding their job is. Some people work long shifts and don’t know their schedules ahead of time, making it very hard for them to have overnight parenting responsibilities. Your family needs to be realistic about how you can reliably divide parental responsibilities with an active service member in the family.
If a distance deployment is a possibility while the children are still minors, you probably need to include virtual or digital visitation rights in your custody plan. When a military parent leaves on deployment, it could be weeks or months before they get to physically spend time with the children again. While they are away, having rules in the custody order that allow for virtual visitation over teleconferencing apps can help the family maintain its relationships.
Whether you would like to settle your divorce issues outside of court or will need to ask the courts for support with the process, identifying the unique concerns stemming from your family’s military involvement can certainly help.
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]]>The post Is your spouse hiding assets? first appeared on The Law Office of Ashley McCartney, LLC.
]]>Remember, red flags only warnings signs, so it is important not to jump to conclusions too soon. To get to the bottom of things, and to protect your own financial future, talk with an experienced divorce lawyer who is well versed in the tactics people use to hide assets and income in a divorce.
The post Is your spouse hiding assets? first appeared on The Law Office of Ashley McCartney, LLC.
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