A set of gold scales balancing a miniature house on one side and a stack of coins on the other.

Putting House in Trust: Pros, Cons, and How to Do It

Imagine your family in a courtroom, arguing over who gets the house – a scene no one wants to picture. Without a clear plan for your most valuable asset, that’s the reality your loved ones could face.

Putting your house in a trust isn’t about complicated legal maneuvers. It’s about protecting the people you love from unnecessary stress and confusion.

According to Caring.com, more than 50% of Americans don’t have a will. That gap leaves many families vulnerable to lengthy court proceedings, unexpected costs, and the public airing of private matters when someone dies.

A well-drafted trust offers a faster, more private way to transfer property without the delays of a probate process.

At its core, a trust is a straightforward agreement: you decide who will manage your home and who will inherit it, with clear instructions that hold up over time. If you’re considering this approach, it can help to talk with an experienced estate planning attorney who understands the details and requirements in Georgia.

What Is a Trust?

A trust is a legal arrangement that lets someone manage property for the benefit of others.

It provides a structured plan for how trust assets will be handled both during your lifetime and after you’re gone.

Revocable vs. Irrevocable Living Trusts

The most common estate planning option is the living trust, which comes in two forms.

A revocable living trust is flexible, allowing you to change its terms or dissolve it entirely while you’re alive. It’s designed to make transferring property to your heirs smoother and avoid the delays and publicity of probate court.

An irrevocable trust, on the other hand, is much less flexible. Once it’s created, its terms are difficult to change. People often use irrevocable trusts for more specialized goals, such as asset protection from creditors or reducing estate taxes, but these benefits come with the trade-off of giving up direct control.

Key Roles in a Trust Agreement

Every trust involves three central roles:

  • Grantor: Creates and funds the trust, setting its terms and purpose.
  • Trustee: Manages the assets according to the trust’s instructions. In many revocable living trusts, the grantor also serves as trustee while alive, maintaining full control.
  • Beneficiaries: The individuals or entities who will ultimately receive the assets placed in the trust.

Georgia Law Context

In Georgia, revocable living trusts are widely used to simplify estate planning. They’re especially popular because they can help families avoid probate, the court process for validating wills and distributing assets.

Probate in Georgia is a public, court-supervised proceeding that can involve delays, filings, and extra expenses. The process makes your estate’s private details part of the public record and can take months to complete (Georgia Courts).

Placing your house in a revocable living trust bypasses probate entirely. This means your heirs receive the property more quickly, privately, and with fewer legal hurdles, which makes estate planning a more effective and thoughtful process for Georgia families.

Pros of Putting Your House in a Trust

Placing your home in a revocable living trust offers several clear advantages.

It’s a strategy many Georgia families use to simplify their estate plans, avoid unnecessary legal complications, and provide peace of mind for the future.

Avoiding Probate in Georgia

One of the major benefits of putting your house in a trust is that it allows you to bypass probate entirely. When your home is owned by your trust, it can transfer directly to your chosen beneficiaries without court involvement.

This means a faster, simpler, and more private process for your loved ones.

Maintaining Privacy

Unlike probate, which creates a public record of your assets and heirs, a trust remains private.

This is one of the most important advantages of putting your house in a trust. Your beneficiaries receive their inheritance without exposing your estate details to public scrutiny, offering greater discretion for family matters.

Managing Incapacity

A trust also protects you during life. If you become incapacitated due to illness or injury, the trustee you appoint can immediately step in to manage the property.

This helps avoid the need for a court-appointed conservatorship, ensuring your home is cared for without delay or legal battles.

Clear Inheritance Instructions

Another advantage of putting a house in a trust arrangement is the ability to set specific terms for inheritance. You can decide exactly who receives your home and under what conditions.

Whether you want it to pass equally to children, remain in the family, or provide for a loved one with special needs, a trust gives you the flexibility to tailor your plan to your values and goals.

Cons of Putting Your House in a Trust

While there are clear advantages of putting your house in a trust, know the potential downsides.

A revocable living trust is a powerful estate planning tool, but it comes with some real-world considerations that should be weighed carefully.

Upfront Costs

Setting up a trust typically involves higher initial costs than simply drafting a will. You’ll need to work with an attorney to create a legally sound trust document custom to your needs.

There are also recording fees for transferring the deed to the trust and any potential legal fees. Although these costs are usually a one-time expense, they can be a barrier for some families.

It’s worth balancing the upfront investment against the potential savings in time and court fees by avoiding probate later on.

Complexity

Another consideration is how complex it is to maintain control of a trust.

Once created, the trust needs to be properly funded, which means formally transferring ownership of your house and any other assets you want it to cover.

This isn’t a do-it-yourself project for most people. Professional guidance is strongly recommended to avoid errors that could undermine your estate plan.

If the trust isn’t funded correctly, assets, such as investment accounts, bank accounts, or personal property, may still end up going through probate despite your intentions.

No Direct Tax Savings

A revocable living trust does not reduce estate taxes. Unlike certain irrevocable trusts designed for tax planning, a revocable trust offers no direct tax benefits during your lifetime or for your estate.

Additionally, property taxes on your home remain the same. The trust ownership does not trigger reassessment or reduce your annual property tax bill.

While the main goal is to simplify inheritance and avoid probate, tax savings aren’t part of the benefit.

How to Put Your House in a Trust in Georgia

If you’re considering how to put your house in a trust, here are the big steps involved.

While the legal process is straightforward with the right help, it requires careful attention to detail to make sure your trust is valid, properly funded, and effective under Georgia law.

1. Consult an Estate Planning Lawyer

The first step is to consult an experienced estate planning attorney, preferably one familiar with Georgia’s laws and procedures. Local expertise matters: requirements for deeds, notarization, and recording can vary by county.

A lawyer helps with these complexities, answers questions about your goals, and crafts a plan that suits your family’s needs for the taxable estate. Professional guidance from a law firm helps avoid costly mistakes and confirms that your trust truly achieves what you want it to.

2. Draft the Trust Document

Your attorney will help you draft the trust document, laying out clear and legally enforceable terms.

This includes naming yourself as the grantor, designating the trustee who will manage the trust, selecting successor trustees in case you’re unable to serve, and defining the beneficiaries who will ultimately receive your home.

A carefully drafted document reflects your wishes unambiguously and provides clear instructions that your own trustee must follow.

3. Fund the Trust

Creating the document is only part of the process. To make it effective, you need to fund the trust by transferring ownership of your house into its name. This involves preparing a new deed that shows the trust as the legal owner.

In Georgia, deeds must typically be notarized and recorded with the local county clerk’s office. Without this step, your home would remain outside the trust, still subject to probate.

4. Maintain the Trust

Once your home is in the trust, ongoing maintenance is simple but very important.

Keep records of the trust and any transfers of additional assets. Review and update the trust if your family circumstances change, like marriage, divorce, new children, or changing wishes about inheritance.

Taking the time to set up and maintain your trust properly gives your loved ones a clearer, faster, and more private path to inheriting your home without unnecessary legal challenges.

Plan for Tomorrow with Clarity Today

Putting your house in a trust isn’t just about legal documents or avoiding paperwork down the line. It’s an act of care — a way to provide security, privacy, and clarity for the people who matter most to you. It means clearly expressing your wishes and creating a plan that will hold up when it counts.

True peace of mind comes from knowing the future won’t catch your family unprepared. It’s knowing you’ve done what you can to protect them from unnecessary stress, expense, and confusion.

If you’re ready to start this conversation, the Edwards Family Law Group in Atlanta, Georgia is here to help. Our team understands Georgia’s laws and the personal finance concerns that come with planning for the future. We’re committed to making the process straightforward, clear, and tailored to your goals.

Schedule a consultation. Contact us now!

Living Will in Georgia

Living Will vs. Last Will: Which One Do You Need?

No one likes to think about paperwork when it comes to family, but the right documents can mean the difference between calm and chaos in a crisis.

According to a 2025 Caring.com survey, only 24% of Americans have a will, a steep drop from 33% in 2022. That means more than three-quarters of families could be left vulnerable to confusion, disputes, and court intervention during life’s hardest moments.

For families in Atlanta and across Georgia, where state-specific probate and healthcare laws apply, the risks are even higher when plans aren’t in place.

You don’t need to be wealthy to benefit from smartestate planning. Every family (blended, traditional, or somewhere in between) can find peace of mind by understanding two key tools: the living will and the last will.

Here’s what this article will cover:

  • What Is a Living Will?: How it protects your medical wishes in Georgia
  • What Is a Last Will?: How it determines your family’s future after death
  • Living Will vs. Last Will: Key differences between the two documents
  • Choosing Between Living Will and Last Will: Why most Atlanta families need both
  • Common Myths About Living Will vs. Last Will: Misunderstandings that leave families unprotected
  • Putting Your Wishes in Writing: Why estate planning is ultimately about care and dignity

What Is a Living Will?

A living will is a legal document that spells out your wishes for medical care if you can’t speak for yourself.

This is typically part of the Advance Directive for Health Care: a single document that covers both your treatment preferences and who can make decisions on your behalf.

Healthcare Decisions and End-of-Life Care

A living will comes into play when you’re seriously ill or injured and unable to communicate. It lets you decide in advance whether you want treatments like resuscitation, feeding tubes, or life support.

Picture this: you’re hospitalized and unconscious after an accident. With a living will in place, doctors and your family know whether to pursue aggressive treatment or focus on comfort care. That clarity helps prevent family disagreements and gives loved ones confidence that they’re following your wishes.

Advance Directives in Georgia

Under Georgia law, the living will and the durable power of attorney for healthcare are combined into the Advance Directive for Health Care. This document allows you to:

  • State your medical treatment preferences
  • Appoint a healthcare agent to make decisions if you’re unable
  • Provide legal guidance so your wishes are respected by both doctors and family

What Is a Last Will?

For Atlanta families, having an advance directive means your voice is heard, even when you can’t speak.

A last will (or “last will and testament”) is a legal document that sets out your wishes for what should happen after your death. In Georgia, it allows you to decide who inherits your assets and who should care for your minor children.

Distribution of Assets After Death

Your last will is the cornerstone of an estate plan. It allows you to name beneficiaries for your property, including your home, savings, personal belongings, and more.

Without one, Georgia’s intestate succession laws decide who inherits, and those default rules may not match your actual wishes.

For Atlanta residents with blended families, single-parent households, or long-term partners, this can make all the difference. Putting your choices in writing prevents disputes and protects the people who matter most.

Naming Guardians for Minor Children

In Georgia, a last will is also the only clear way to name a guardian for your children if both parents pass away.

Without it, the court chooses a guardian, which is possibly someone you wouldn’t have selected. For parents, stepparents, or grandparents raising minors, this makes a last will one of the most important documents you can have.

Living Will vs. Last Will

Both documents are important, but they serve very different purposes.

A living will (or advance directive) guides your healthcare decisions while you’re still alive but unable to communicate. A last will takes effect only after death and deals with property distribution and guardianship.

In Georgia, one document doesn’t replace the other. They work together. The living will means your medical wishes are respected, while the last will protects your assets and your family’s future. Having both is the only way to cover all stages of planning.

Key Differences at a Glance:

Living Will (Advance Directive)

Last Will (Testament)

Applies while you are alive but incapacitated

Applies after your death

Covers healthcare choices (life support, resuscitation, feeding tubes)

Covers property distribution (home, bank accounts, belongings)

Allows you to appoint a healthcare agent

Allows you to appoint an executor

Provides clarity for doctors and loved ones during a medical crisis

Provides clarity for heirs and the court during probate

Focused on your medical care and treatment wishes

Focused on your family, assets, and guardianship of minors

Choosing Between a Living Will and a Last Will

For most Atlanta families, the answer isn’t either/or. It’s both.

Each document addresses a different stage of life and a different set of concerns.

Planning for Medical Emergencies

A living will is important if you want control over your medical care during a crisis. It lets you decide in advance about treatments like resuscitation or life support, sparing your family from painful guesswork.

This is especially important if you live alone, have ongoing health conditions, or serve as a caregiver yourself.

It’s also valuable for young adults. In Georgia, once someone turns 18, parents can’t automatically make healthcare decisions for them. An advance directive restores that ability by legally naming a trusted decision-maker.

Securing Financial and Family Wishes

A last will protects what happens after your death. It confirms your assets are distributed as you intend and provides clarity for your family during probate.

Without it, the state makes those decisions for you.

This is particularly important for blended families, stepchildren, or shared custody arrangements. A clear, written will can prevent costly disputes and guarantee the people you trust are the ones who step in, whether that’s inheriting property or caring for your children.

Common Myths About Living Will vs. Last Will

Many people delay estate planning because of misunderstandings about what these documents actually do. Clearing up the myths helps Atlanta families make smarter choices and avoid leaving loved ones in difficult positions.

Myth 1: A last will covers everything, including medical care

A common misconception is that a last will and testament handles all matters, from property to medical decisions. In reality, a last will only takes effect after death. It plays no role in determining your care if you are incapacitated.

Medical choices, such as whether to remain on life support, receive a feeding tube, or be resuscitated, must be spelled out in a living will or advance directive. Without it, those decisions fall on your loved ones, often during moments of crisis.

Georgia requires an Advance Directive for Health Care to be signed in front of two adult witnesses (neither of whom can be your healthcare agent). If those requirements aren’t met, the document may not hold up when it matters most.

Myth 2: A living will is enough for estate planning

Some people assume that once they’ve completed a living will, they’ve covered all their bases. That’s not the case. A living will only deals with healthcare decisions while you’re alive. It says nothing about what happens to your home, bank accounts, or children after you pass away.

For that, you need a last will. In Georgia, failing to create a last will means that intestate succession laws decide who inherits your property. Those laws often exclude stepchildren, long-term partners, or other loved ones outside the default family line.

To be valid, a last will must be written, signed by you, and witnessed by at least two qualified adults. Skipping those steps can leave your family tangled in disputes and probate challenges.

Myth 3: Verbal agreements with family are just as good

It’s not unusual for people to rely on family conversations rather than written instructions. While it may feel like enough to “let everyone know” your wishes, Georgia law does not honor verbal agreements when it comes to medical decisions or inheritance.

Without signed and witnessed documents, courts and healthcare providers have no legal guidance. This often leads to disputes between family members who may remember conversations differently or interpret them in conflicting ways.

A properly executed advance directive or last will gives your words legal authority, something no living room conversation can replace.

Myth 4: These documents are only for older adults or the wealthy

Estate planning is often associated with retirees or people with significant assets. But in reality, every adult should consider having these documents in place.

Once you turn 18, your parents can no longer make healthcare decisions for you in Georgia unless you grant them that authority through an advance directive.

Similarly, you don’t need to own a mansion or a large portfolio to benefit from a last will. Even modest assets (like a car, a savings account, or personal items) can create conflict if there’s no guidance on who inherits them.

For families with young children, naming guardians in a will is often far more important than dividing assets. Estate planning is about protection, not just wealth.

Myth 5: DIY online forms are “good enough”

With so many online templates available, it’s tempting to download a form, fill in a few blanks, and call it a day.

The problem is that estate planning laws vary by state, and what looks valid on a website may not meet Georgia’s legal requirements.

For example, if a will isn’t signed and witnessed correctly, it can be thrown out in probate. Likewise, a generic living will form may not address Georgia’s combined Advance Directive for Health Care, leaving gaps in your medical instructions.

Families who rely solely on DIY forms often end up spending more money and time in court fixing mistakes than they would have spent working with a lawyer upfront.

Putting Your Wishes in Writing

At its core, estate planning is about dignity. A living will and a last will are legal tools and statements of care, clarity, and respect for the people who matter most. They spare loved ones from uncertainty and replace hard choices with clear direction.

For families in Atlanta, the law provides the framework, but it’s up to you to fill in the details that reflect your life, your values, and your relationships. The best time to act is always before you need it.

Your family’s future deserves protection. At The Edwards Law Group, we stand beside you every step of the way, guiding the process so your wishes are honored and your loved ones remain protected.

Create a plan that gives peace of mind for years to come.Contact us today!

Two older adults seated separately at a table in a family law office, reviewing divorce documents

Why Health Insurance Planning Should Be Part of Your Divorce and Estate Strategy

You think the hard part is over once you sign the divorce papers. Then a notice arrives in the mail. Your health coverage is ending, and the clock is ticking. For many Atlanta Georgia families, that moment hits harder than expected.

Divorce changes more than your living arrangements and bank accounts. It can disrupt the very safety net that protects you and your children’s health. In Georgia, nearly half of residents rely on employer-sponsored coverage. So when a marriage ends, that coverage often does too. Without quick action, you could face a gap in coverage and steep out-of-pocket medical costs.

Health insurance rarely tops the to-do list during a divorce or estate review. Yet it plays a direct role in your financial stability, your estate plans, and your ability to care for those who depend on you.

This article breaks down:

  • Understanding Health Insurance After Divorce
  • Why Health Insurance Matters in Divorce
  • How Health Insurance Works in Your Divorce and Estate Plan
  • Steps to Protect Your Health Coverage
  • Legal Guidance for Complex Situations

Understanding Health Insurance After Divorce

Health insurance often changes the moment a divorce becomes final. If you were covered as a dependent on your spouse’s plan, that coverage usually ends within 30 days.

For many Georgia families, that means finding new insurance fast to avoid a gap in care and unexpected medical bills.

Common Coverage Changes After Divorce

In most Georgia divorces, one spouse carries the employer-sponsored plan for the household. Once the marriage ends, the dependent spouse and stepchildren typically lose access. Children can often remain on a parent’s plan, but ex-spouses cannot stay on a group policy through the other’s employer.

Key things to know:

  • Dependent coverage for an ex-spouse ends once the divorce is finalized.
  • Employer plans may allow children to stay covered under one parent’s policy.
  • Stepchildren’s eligibility often depends on legal guardianship or adoption status.
  • You cannot be added back to your former spouse’s plan once removed.

Factors That Shape New Insurance Needs

Your next steps depend on age, employment status, health needs, and income. A self-employed parent or someone between jobs may need to buy a plan through the Georgia Health Insurance Marketplace.

These plans can cost more than group coverage. Missing enrollment deadlines can mean waiting until the next open period, leaving you without protection.

Things to consider when choosing coverage:

  • Employment status: If you’re between jobs, you may need short-term or marketplace coverage.
  • Health conditions: Ongoing care or prescriptions require continuous coverage.
  • Income level: Determines subsidy eligibility through the marketplace.
  • Enrollment deadlines: Special enrollment windows after divorce are limited, often to 60 days.

Why Health Insurance Matters in Divorce

Losing health insurance after a divorce is more than an inconvenience. It can leave you and your family vulnerable to high medical bills and interruptions in care. The financial and health impacts ripple out to children, dependents, and even your long-term estate plans.

Gaps in Coverage and Medical Costs

Even short lapses in coverage can lead to significant expenses.

Without insurance, emergency room visits, urgent care, and ongoing treatments become costly risks. In Georgia, an ER visit can average more than $1,500, an amount that can strain most family budgets without warning.

Key risks of going uninsured:

  • High out-of-pocket costs for emergency or hospital care
  • Interrupted treatment for chronic conditions
  • Limited access to preventive care, which can lead to bigger problems later
  • Potential impact on credit and savings if bills go unpaid

Effects on Children and Dependents

Children’s health coverage is a top priority in Georgia divorces. Courts often require that a parent maintain insurance for minor children.

If the custodial parent loses coverage, confusion can arise over who is responsible for replacing it. Dependents with ongoing medical needs face even greater stakes, as any lapse can disrupt critical care.

Points to keep in mind:

  • Court orders may dictate which parent must provide coverage
  • Losing coverage for a child can lead to legal disputes or contempt charges
  • Children with special needs or chronic conditions require uninterrupted insurance
  • Coordinating coverage between parents helps avoid overlapping costs or gaps

How Health Insurance Works in Your Divorce and Estate Plan

Health insurance decisions during divorce should connect directly to your estate planning strategy. Many people focus on dividing property or updating wills, but medical coverage is also a cornerstone of financial stability and protection for loved ones.

Unexpected medical bills can drain savings and derail plans for your children or other beneficiaries. Continuous coverage after divorce safeguards assets and helps keep your estate plan intact.

An estate plan should also include clear instructions for medical decision-making if you cannot speak for yourself. Divorce is the time to update advance directives, powers of attorney, and living wills. Your former spouse may no longer be the right choice as a healthcare proxy.

Steps to Protect Your Health Coverage

Don’t risk a lapse in coverage. Here’s how to prevent that from happening.

Review Existing Policies

Before the divorce is finalized, review every health insurance policy you and your spouse have.

Note who provides the coverage, the costs as a single subscriber, and which family members are listed as dependents. Clarify how children’s insurance will be handled, as Georgia courts often split responsibility by court order.

Negotiate Coverage in the Divorce Agreement

Discuss health insurance needs during settlement talks. Decide which parent will provide coverage for children and whether financial support will be provided for premiums.

A written agreement reduces the chance of disputes later and creates a clear path forward.

Track Deadlines and Enrollment Windows

Special enrollment periods through COBRA or the Georgia Health Insurance Marketplace are often limited to just 60 days after your coverage ends.

Missing that window can leave you uninsured until the next open enrollment period.

Legal Guidance for Complex Situations

Not every divorce follows a simple path. Some cases require extra care when structuring health insurance and estate planning solutions.

Special Considerations for Non-Traditional Families

Blended families, stepchildren, and adopted children can face extra hurdles when it comes to post-divorce health coverage.

Georgia’s eligibility rules for dependents vary based on legal guardianship and adoption status. LGBTQIA couples should review all legal documents to confirm that healthcare responsibilities and dependent coverage are clearly defined under Georgia law.

High-Conflict or High-Asset Divorces

When a divorce is contested or involves substantial assets, disputes over health insurance premiums, coverage responsibility, and ongoing medical needs can quickly escalate.

In these situations, working with both a family law attorney and an insurance professional helps create agreements that are clear, enforceable, and financially sustainable.

When to Seek Professional Help

You should consider getting legal guidance if:

  • You are negotiating coverage for children with special medical needs.
  • Your divorce involves property division tied to medical or insurance benefits.
  • You anticipate disputes about premium payments or coverage responsibilities.
  • You are updating complex estate plans alongside divorce proceedings.

An experienced Atlanta divorce attorney can help you protect your rights, meet court requirements, and avoid costly mistakes. Coordinating health insurance planning with your divorce and estate strategy helps to protect your family’s financial security from every angle.

Planning Beyond the Paperwork

Divorce changes more than your marital status. It reshapes how you protect your health, your family, and your future. Health insurance may seem like a small detail compared to dividing assets or updating legal documents, but it is the thread that ties together financial security and personal well-being.

Treating it as an afterthought risks unraveling the stability you are working to preserve.

The most effective plans create a stronger foundation for the next. That means anticipating needs, avoiding gaps, and putting the right protections in place long before a crisis forces your hand.

If you’re facing divorce in Georgia or updating your estate plan, The Edwards Law Group can guide you through every step. Our team understands how to integrate health insurance decisions into your legal strategy so you can move forward with confidence. Schedule a consultation to protect what matters most. Contact us today!

Can I Appeal A Divorce Decree?

Appealing a Divorce Decree in Georgia: Understanding Your Options

Divorce is a difficult and emotional process, and it can be even more challenging when you believe that the final divorce decree does not accurately reflect your interests or the best outcome for your family. In some cases, you may find yourself in a situation where you are considering appealing a divorce decree in Georgia. At The Edwards Law Group, we understand the complexities involved in divorce appeals and are here to provide the legal guidance and support you need during this trying time.

But what exactly is a divorce appeal, and when might it be applicable? Imagine this scenario: You have recently finalized your divorce, only to discover that crucial assets or child custody arrangements were not adequately addressed or were unfairly decided. This can be incredibly frustrating and disheartening, leaving you wondering if there is any recourse to rectify the situation. That’s where a divorce appeal may come into play.

If you are considering appealing a divorce decree, it is important to seek legal advice from experienced divorce attorneys who specialize in family law. At The Edwards Law Group, we have the expertise to navigate the complex legal process involved in divorce appeals in Georgia. Our team is dedicated to fighting for your rights so that we can maximize your chances at a fair final outcome.

How can you appeal a Divorce in Georgia?

The first question you may have is whether you can appeal a divorce in Georgia. The answer is yes, but it’s important to note that divorce appeals are not granted automatically. To have grounds for an appeal, you must demonstrate that an error of law occurred during the initial divorce proceedings. This means that there must have been a mistake made by the court or an unfair ruling that significantly impacted the outcome of your case.

How Do Divorce Appeals Work?

Divorce appeals involve a formal process that takes place in the appellate court system. It’s essential to understand that an appeal is not a retrial of your divorce case but a review of the legal procedures and decisions made during the initial proceedings. During the appeal, the appellate court will assess whether any errors of law were committed, such as misinterpretation of statutes or improper application of legal principles.

To initiate a divorce appeal in Georgia, you will need to file a Notice of Appeal within a specific timeframe, usually within 30 days of the entry of the final divorce decree. Working with a skilled attorney is crucial during this stage, as they will help you compile and present the necessary documents, including a written brief outlining the grounds for your appeal.

How Does a Family Court Appeal Work?

A family court appeal in Georgia follows a specific process. Once the Notice of Appeal is filed, the appellate court will review the case record, including transcripts of the initial divorce proceedings. However, unlike a trial court, the appellate court does not hear new evidence or testimony. The focus of the appeal is to examine the legal aspects of the case and determine if any errors were made.

After reviewing the case, the appellate court may take one of several actions. They may affirm the lower court’s decision, meaning they agree with the outcome and legal analysis. Alternatively, they may reverse the decision, indicating that errors were indeed made and a new decision should be reached. In some cases, the appellate court may remand the case back to the trial court for further proceedings or clarification on specific issues.

It’s important to note that the appellate process can be lengthy, and the outcome is not guaranteed. However, with the guidance of skilled divorce attorneys, you can navigate the complexities of the appeal and present a strong case to protect your rights and interests.

At The Edwards Law Group, we are dedicated to advocating for our clients during divorce appeals. Our experienced attorneys will thoroughly evaluate your situation. We understand the emotional toll that divorce appeals can take, and we are committed to guiding you through the process with compassion and expertise.

Contact The Edwards Law Group today to schedule a consultation and take the first step towards appealing your divorce decree. We will fight tirelessly to protect your rights and help you achieve the outcome you deserve.

Should I Get A Divorce? 5-Question Checklist

Deciding to get a divorce is never an easy decision. It can be emotionally challenging and take a toll on both parties involved. At The Edwards Law Group, we understand how overwhelming and stressful getting a divorce can be. That’s why we are here to provide you with the legal advice and assistance you need during this difficult time. Our experienced divorce attorneys and team in Atlanta is committed to helping you navigate the divorce process with ease and confidence.

If you are considering getting a divorce in Atlanta, there are several questions you should ask yourself to determine whether it is the right decision for you. These questions will help you gain clarity and insight into your situation, and make an informed decision about your future.

Should I Get a Divorce Checklist: 5 Questions to Ask Yourself

Question 1: Where do you see yourself in 5 years? 10 years?

One of the most critical questions to consider when deciding whether to get a divorce is where you see yourself in the future. What are your goals, dreams, and aspirations? How does your current marriage fit into those plans? It’s essential to take a step back and evaluate whether your marriage is helping or hindering your progress toward your future goals.

If your marriage as an obstacle to achieving your long-term goals, it may be time to consider a divorce. However, if you see your marriage as an integral part of your future, it may be worth putting in the effort to make things work.

Question 2: Has communication broken down in the marriage?

Communication is a vital component of any successful marriage. If communication has broken down in your marriage, it can lead to misunderstandings, resentment, and frustration. It’s crucial to assess whether your communication breakdown is temporary or permanent, and whether it is possible to resolve it.

If you feel that communication has broken down irreparably, it may be time to consider a divorce. However, if you believe that there is a chance for improvement, seeking counseling or therapy may be a good option to help rebuild communication.

Question 3: How do you see the relationship healing? Can it heal?

If you are considering a divorce, it’s important to assess whether there is a possibility of healing your relationship. Do you still love your spouse, and do you believe that they still love you? Is there a mutual desire to repair the relationship, or has that ship sailed?

Ask yourself if your spouse is willing to work on the relationship with you. Have they acknowledged the issues in the marriage and expressed a desire to work on them? Are they willing to attend counseling or therapy to work through these issues?

If you both are willing to work together and commit to repairing the relationship, it’s possible that your marriage can be saved. However, if one partner is not willing to put in the effort, it may be time to consider ending the marriage.

Question 4: Have you talked about divorce with your spouse?

Before making a final decision about divorce, it’s important to have an open and honest conversation with your spouse about your feelings and concerns. This can be a difficult conversation to have, but it’s crucial to ensure that both partners are on the same page and understand each other’s perspectives.

When having this conversation, it’s important to listen to your spouse’s concerns and be willing to compromise if possible. Keep in mind that communication is key, and you should try to keep the conversation as calm and respectful as possible.

If you and your spouse are not on the same page about the future of your marriage, it may be time to consider a divorce. However, if you can come to a mutual agreement about how to move forward, it may be worth putting in the effort to make things work.

Question 5: Did your spouse cheat on you?

Infidelity can be a significant blow to any marriage. If your spouse has cheated on you, it can lead to feelings of betrayal, anger, and hurt. It’s important to assess whether you can forgive your spouse and move forward together or whether the infidelity has irreparably damaged your relationship.

If your partner has cheated and you’re not sure if you can forgive them, it may be worth considering counseling or therapy to work through the issue together. However, if the infidelity is something you can’t forgive or move past, it may be time to consider ending the marriage.

Let an Atlanta Divorce Lawyer Help You with Your Decision

Divorce is a major decision that should not be taken lightly. It’s important to consider all factors before making a final decision, including where you see yourself in the future, the state of communication in your marriage, how you see the relationship healing, whether you’ve talked about divorce with your spouse, and if there has been infidelity.

If you’re considering divorce and need legal advice or assistance, The Edwards Law Group is here to help. Our experienced Atlanta divorce attorney can provide guidance and support throughout the process, ensuring that your rights are protected and your best interests are served.

Divorce is a life-changing decision that affects not just you but everyone in your family. You must not come to this decision hastily. It is best to consult with a divorce lawyer in Atlanta if you’re considering divorce and stay open to the possibilities and other options that may be more suited for you and your family’s situation. Contact us today to schedule a consultation and take the first step toward a better future.

What Legal Rights Do I Have To My Child If I’m Not Married?

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Can emotional abuse be used as a factor during a divorce case?

Emotional abuse is one of the invisible aspects of divorce. What do we mean by this? Well, emotional abuse might not leave any visible scars, but it can be as damaging to you mentally, as physical abuse. Many women, and men too, know that emotional and physical abuse is a nightmarish ordeal that often leads to a dissolution of marriage. Regardless of whether the abuse during a marriage was emotional or physical, we’ve often seen this being used as the reason one spouse files for divorce. 

Examples of emotional abuse during a marriage

Abuse is all about power. Through yelling, bickering, bullying, gaslighting, and other tactics the abuser can begin to wear down the victim. Slowly, an unhealthy power dynamic is created of abuser and victim. Feelings of inadequacy, fear, shame, or worthlessness can develop and a person might not know how to get out of this unhealthy cycle. 

Emotional abuse often includes verbal threats. These could be threats of violence both physical and otherwise, they could also be threats of humiliation. For example, an abusive spouse might threaten public shaming. Many victims describe the torture are nauseating and the physical symptoms are very real.

Children can be affected by this. Not being old enough to understand, they could mimic abusive behavior. Likewise, they could also react differently and become depressed, reserved, or problematic at school.

How victims of abuse divorce their spouse

When a victim decides it’s time to divorce, they often know that the abuse might get worse. How so? Well, once divorce is filed the abuser might continue to verbally torment their former spouse. Text, phone calls, emails, etc. Even stalking or manipulating their children can occur. 

Make sure to save all physical evidence of abuse. This will help you and your legal team prepare for a strong presentation of your case.

It’s also important to get these pieces of evidence in order to file a restraining order. Temporary Protective Orders in Georgia, also known as a TPO, are able to be requested within a day. You must allege that a domestic partner, like a spouse, either physical assaulted you or threatened to do so.

Emotional abuse and Child Custody

Judges consider several different factors when granting custody of a child to a parent. Even though the abuse might not be directed at the child, it is important that the judge be presented with evidence of the abuse so it can be considered when making a determination of which parent should have custody of the child. For example, judges take into consideration the mental health of each parent, their stability, any history of domestic abuse. Oftentimes abused spouses are scared to speak up for themselves – and their children – and risk losing custody. 

Your attorney’s role in explaining to the court the trauma of the abuse is absolutely crucial during this stage. You probably don’t want your abusive spouse to gain serious custody over your child or children.

Contact The Edwards Law Group Today

If you’re located in Atlanta, Marietta, Alpharetta, Johns Creek, Lawrenceville, or anywhere in the Metro Atlanta area, and are looking for an experienced divorce attorney contact us today.

Non-Traditional-Family-Law

Why Same-Sex Divorce is Different

It wasn’t long ago that the discussion about who could legally marry was still a raging and heated discussion nationwide. Decades of legal challenges and emotional appeals by activists and everyday people culminated in the 2015 landmark decision allowing marriage for all. And, while the celebrations have passed and we slowly start taking this relatively new law for granted there are still certain quagmires that same-sex couples and spouses have to grapple with, especially as it pertains to divorce.

Due to the fact that same-sex marriage is so new and the fact that our country is divided into 50 states, all with unique approaches to the law, it will be some time before clear-cut rules are made regarding same-sex marriages (and divorces). Divorces oftentimes lead to a period of stress, anxiety, and worry.

If in fact, you have decided to move forward with a divorce, select an experienced family law attorney with the right set of tools, resources, and experience to help you handle this tricky moment correctly. Failure to speak to an attorney experienced with LGBTQIA issues may cause unnecessary heartache and expense, all of which can be avoided by looking ahead and planning appropriately. Contact The Edwards Law Group to discuss your case and see how we can help you.

 

2 Things to Consider Regarding LBTQ+ Divorce

When does a marriage start? Of course, to most people, this question would be answered with the date that a couple has their ceremony or files papers at their local courthouse. But, in the eyes of the law, there are a few other items to consider. As an example, if a couple has been together for 12 years and they were part of a domestic partnership or union before the 2015 Supreme Court decision allowing marriage for all, after this the couple were legally married. Why may this be an issue? One of the considerations that happen during a divorce proceeding is the division of assets. Assets that are to be divided are normally determined based on the start of a marriage. Meaning, if one person bought an asset before they were married that normally does not become part of the discussion during the legal proceedings. Lines might become a bit blurry if something like a domestic partnership or civil union comes into play. It’s important to consider these various unions when going through a divorce as they could affect your future proceedings.

Also, many LGBTQ+ parents have child support and child custody to consider when filing for a divorce. It’s a delicate subject and having an attorney by your side who understands how to protect your interest is paramount.

Contact Us Today – Atlanta, GA

V. Joy Edwards is a well-known experienced Atlanta divorce attorney and an excellent litigator. The Edwards Law Group brings the experience and compassion necessary to give you excellent representation. Together, we have many years of combined experience we bring to the table and an understanding that every divorce is unique and requires an individual touch. Whether you’re dealing with child custody, child support, division of property, alimony, or any other aspect of a divorce, we’re ready to help!

Give us a call at 770-723-7211.