The Hicks Law Group, PCThe Hicks Law Group, PC2026-06-03T15:11:07Zhttps://www.jeffhickslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204522/2020/02/cropped-favicon-1-32x32.pngOn Behalf of The Hicks Law Group, PC<![CDATA[3 tips for successful co-parenting after a divorce]]>https://www.jeffhickslaw.com/?p=530992026-06-03T15:11:07Z2026-06-03T15:11:07Zcustody arrangements.
1. Don’t let emotions impact decisions
Separating your personal feelings toward your ex-spouse from your role as a parent is vital. Making decisions while angry or hurt often leads to rigid posturing and unnecessary disputes that only delay resolution.
It is recommended to treat your co-parenting relationship like a professional partnership. This way, you can focus on raising your child rather than rehashing old marital grievances.
2. Keep your child out of relationship issues
Children adjust to life after divorce much better when parents keep adult conflicts entirely out of their sight and hearing. After filing for custody, avoid using your kids as messengers to deliver schedule changes, pick-up logistics or financial demands to your ex-spouse. Try not to vent about the other parent in front of them, as badmouthing forces children to feel caught in the middle of a painful loyalty conflict.
3. Improve communication with co-parent
Consistent, neutral communication prevents costly misunderstandings and creates a unified front across both households. You may switch to written communication, such as specialized co-parenting apps, text messages or email to maintain clear boundaries and keep accurate records of schedules. Remember to establish a polite tone to keep all discussions strictly focused on your child’s needs.
Prioritize your child in your parenting plan
Designing an effective parenting plan requires putting your child’s daily routines and emotional security above any personal convenience. A structured yet realistic framework that adapts as your children grow should be your focus, so the kids may maintain stable relationships in both homes. Prioritizing your children's best interests during this transition may help minimize stress and friction within the family.]]>On Behalf of The Hicks Law Group, PC<![CDATA[3 important considerations for those preparing for gray divorce]]>https://www.jeffhickslaw.com/?p=530972026-05-07T00:47:54Z2026-05-07T00:47:54Z1. The social fallout
Families often do not handle the news of an impending gray divorce calmly. Older children do not necessarily embrace parental divorce more gracefully just because they are old enough to have their own families and careers.
If anything, the divorce could destabilize their sense of self and result in major damage to overall family dynamics. Older children do not face shared custody requirements that give them time to heal and rebuild their bond with one parent. They may take sides and choose not to interact with the parent they blame for the divorce.
2. The challenges of property division
Spouses who have shared assets and debts for decades often have very complex. They may need guidance as they value their assets and try to work out a fair settlement for splitting both their shared property and mutual financial obligations. The proximity of retirement makes caution during property division especially important, as spouses may have limited opportunities for rebuilding financially between the gray divorce and when they stop working completely.
3. Concerns about benefits
Pensions are frequently a sticking point during gray divorce negotiations. Pensions and retirement savings accounts are often divisible during divorce, ensuring that each spouse has assets to help them cover retirement cost-of-living expenses.
Spouses may also need to address key state benefits accrued through employment. Lower-earning or dependent spouses may worry about their eligibility for Medicare health insurance and Social Security retirement benefits after a divorce. The rules often make lower-earning spouses eligible without diminishing what wage-earning spouses receive if the marriage lasted for at least 10 years.
Those preparing to file for gray divorce or respond to a spouse’s petition may need guidance. Reviewing resources with a skilled legal team and learning more about state law can help older adults preparing for gray divorce understand their options and optimize their financial protection during what can otherwise be a costly and financially-destabilizing process.]]>On Behalf of The Hicks Law Group, PC<![CDATA[What happens to frozen embryos after divorce?]]>https://www.jeffhickslaw.com/?p=530962026-04-29T14:52:54Z2026-04-29T14:52:54ZWhy frozen embryos can create disputes
When you create embryos through IVF, you likely expect to build a shared future. Divorce can leave you and your spouse disagreeing about whether to use the embryos and who has legal authority over that decision.
Couples often dispute who may use the embryos and whether to keep them in storage or to discard or donate them. For one person, the embryos may represent the chance to have a biological child. For the other, being tied to parenthood after divorce may feel unfair or unwanted. That tension can make settlement more difficult.
How Georgia may handle embryo disputes
In Georgia, courts have begun to address disputes over frozen embryos, but no single rule governs every case. In a 2023 decision, Smith v. Smith, the Court of Appeals treated the issue as one of first impression and looked to other states for guidance.
The court emphasized that written agreements between the parties, such as clinic forms or other contracts, should control when they clearly define how the embryos will be handled. If no agreement applies, courts may weigh each person’s respective interests or require mutual consent at the time of use. Outcomes depend on the specific agreement and the facts of the case.
How a prenup may help you plan now
Because courts in Georgia often give weight to written agreements, a prenuptial agreement may give you greater control over the future handling of frozen embryos if your relationship changes. Rather than leaving those decisions to a court, you and your future spouse can define the terms in advance. A prenup may address:
Who has decision-making authority over the embryos if the marriage ends
Whether both spouses must agree before any future use
How long the embryos will remain in storage
Who will pay ongoing clinic and storage costs
What will happen to the embryos if one spouse dies
Discussing these terms may also help you and your partner align expectations about parenthood, finances and long-term plans before marriage.
Why this conversation is easier now than later
It is easier to discuss difficult scenarios when you and your partner still share the same expectations and goals. Before conflict enters the picture, you can think carefully about what feels fair and what each of you want for the future.
If divorce begins, those same decisions often become harder to resolve. Emotions intensify, positions harden and what once felt like a shared plan may become a dispute with lasting consequences. Planning ahead does not mean you expect the marriage to fail. It reflects that some decisions carry long-term impact and deserve attention while you still have the space to address them thoughtfully.]]>On Behalf of The Hicks Law Group, PC<![CDATA[3 marital home concerns to address during property division]]>https://www.jeffhickslaw.com/?p=530952026-04-17T20:08:31Z2026-04-17T20:08:31Z1. What is the home worth?
Property values fluctuate based on the market and the overall condition of the home. Frequently, properties appreciate in value while occupied by owners. The house could be worth far more now than it was when the spouses purchased it or when they most recently refinanced the mortgage.
They can either work together to set a value that they deem appropriate or ask a real estate professional for insight. Professional appraisals and comparative market analysis reports from real estate agents can help divorcing spouses appropriately estimate the fair market value of the home where they have lived together.
2. Who retains possession?
Staying in the marital home might be a goal for some divorcing individuals. They may want to keep things stable for their children, or they may have emotional attachments to the property that predate the marriage.
Factors including financial stability and the ability to take care of the home can influence how the spouses address possession or what the court ultimately decides is appropriate. Child custody can factor into that decision as well.
3. How do spouses split the equity?
After determining what the property is worth and then deciding which spouse stays or if they will sell it, the next step is to address accumulated equity. One spouse may receive a payout from the other if that person is retaining the home, or the spouses might agree to divide the sale proceeds in a specific manner.
Working together to arrange a settlement may be preferable to litigating and leaving everything to the discretion of a judge -- especially in scenarios where the spouses have specific goals for the home and other property division issues. Learning more about property division regulations and having experienced legal guidance can help people prepare for the complex process of separating their finances.]]>On Behalf of The Hicks Law Group, PC<![CDATA[Can I modify my child custody order in Georgia?]]>https://www.jeffhickslaw.com/?p=530932026-03-30T15:29:15Z2026-03-30T15:29:15ZWhen can you ask the court for an order change?
Georgia courts allow custody changes, but not just because you want a different arrangement. The law needs a real reason based on big life changes.
The court that issued your original custody order retains jurisdiction to modify it until your child reaches adulthood. However, to preserve stability for children, courts limit how often modifications can occur.
Usually, you can't ask for changes within two years of your last custody decision. However, judges may hear your petition sooner if you can show your child faces harm under the current arrangement.
What counts as a big enough change?
The court's main focus is always on the child’s best interests, not what feels easiest for either parent. Courts need proof of a "material change in circumstances" that affects your child's well-being. Common examples include:
A parent relocating to a different city or state
Significant changes in a parent's work schedule affecting availability
Remarriage or a new partner moving into the home
Evidence of substance abuse or domestic violence
A child's changing needs as they enter different developmental stages
Major health issues affecting either parent or the child
One parent repeatedly preventing court-ordered visits
These changes must actually impact your child's wellbeing, not just inconvenience you. Georgia courts focus on what serves your child's best interests rather than what parents prefer.
How do you request a custody change?
You start by filing paperwork to modify custody in the Superior Court of the county where the original order came from. Your paperwork must clearly explain what has changed and why the change helps your child.
After filing, you must give the other parent official notice. Georgia courts often require you to try mediation before setting a court date. If mediation fails, your case proceeds to a hearing where you present evidence supporting your claimed change in circumstances.
The timeline changes from case to case but can often take several months from start to finish. You must continue following your current custody order throughout this process, regardless of the circumstances, until the judge signs a new order.
Taking the next step for you and your child
Successfully changing custody requires showing real need, not just what's convenient for you. An experienced family law attorney helps you gather what you need, handle court steps and present your case well.
Remember that the legal system isn't the only audience for these changes. Your child will feel the impact of any custody change the most. So, having honest, age-appropriate talks with them about possible changes matters just as much as convincing the court.]]>On Behalf of The Hicks Law Group, PC<![CDATA[What is the role of a home study in adoption?]]>https://www.jeffhickslaw.com/?p=530922026-03-23T14:48:58Z2026-03-23T14:48:58ZYou may feel confident in your finances and your residence. Still, the adoption process in Georgia requires more than that. A home study is one of the most important stages you will encounter. It helps confirm that you are ready to provide a safe and stable home and gives the court a detailed insight of your life before it approves your adoption.
What evaluators are actually looking for
In Georgia, a licensed social worker or agency completes your home study. This phase is required for agency adoptions, all intercountry adoptions and stepparent adoptions in some counties. However, private independent adoptions may have different requirements depending on your circumstances.The goal is not to find a perfect placement; it is to understand your ability to raise a child in a suitable environment. You can expect the evaluator to review several aspects of your background, including:
Proof of consistent earnings and financial stability
A safe and suitable home environment
Background checks, including criminal and child abuse records
Interviews about your daily life and parenting views
Basic health information and ability to care for a child
Each part works together to form a comprehensive record and courts rely on this report when they decide if an adoption serves the child’s best interests. Your income matters, but it is only one part of the review.
How the process unfolds in Georgia
The process often begins with an application and document review. You then meet with a social worker for interviews and a home visit. In Georgia, timing can vary based on how efficiently you submit records and arrange meetings.You may need to submit amendments if your situation changes before final approval, which can include a move, a job change or a modification of your residence. If you have a busy schedule, planning ahead can help reduce delays. You must complete your home study before the court finalizes your adoption in Georgia, depending on the type of adoption.
A smoother path to bringing your child home
The home study may appear extensive, but it is meant to support a stable placement. When you understand each step, the process can become more predictable. Early preparation can help you prevent last-minute stress. Clear guidance can also help you stay aligned with Georgia requirements as your case moves forward.]]>On Behalf of The Hicks Law Group, PC<![CDATA[3 FAQ about child support processes in Georgia]]>https://www.jeffhickslaw.com/?p=530892026-02-19T21:22:36Z2026-02-19T21:09:24ZI am a non-custodial parent (NCP). How do I pay for child support?
After the court issues your child support order, the court clerk will send you a notice informing you of your obligation to register to the state’s Family Support Registry (FSR). Once you register your account to the FSR internet payment website, you will receive a unique identification number.
You will include this identification number in every child support payment you make online to help ensure that they are accurately recorded in your account.
What happens if my ex stops sending their child support payments?
If your ex fails to make support payments, there are several legal actions that can be taken to enforce their child support order. These may include:
Wage garnishment
Interception of their federal and/or state income tax refunds
Suspension or revocation of their driver’s license
Denial or suspension of their passport (if they owe more than $2,500)
You may also file a contempt action in the superior court against your ex. If they are found to be in contempt of court, they may receive fines and/or a jail sentence.
When can I modify my child support amount?
In Georgia, either parent can file a request for modification of their child support order. If you are the one filing the request, you must prove to the court that you or your children are going through a “substantial change of circumstances.”
Four examples of this may include:
A significant change in your or your ex’s income
An involuntary job loss
A higher expense related to your children’s education and/or healthcare
A change in your custody or parenting time that impacts your financial situation
It is important to note that the courts assess modification requests on a case-to-case basis and may take several months of completion.
By learning the answers to some of the most asked child support questions in Georgia, you can become familiar with the legal processes and turn your uncertainties into informed decisions.]]>On Behalf of The Hicks Law Group, PC<![CDATA[Do families need to own their homes to adopt in Georgia?]]>https://www.jeffhickslaw.com/?p=530882026-01-30T01:26:33Z2026-01-30T01:26:33ZThe state cares about stability, not homeownership
There are many requirements imposed by state statutes on those aspiring to adopt. Both individuals and married couples can theoretically adopt. They must show that they are healthy enough to meet a child's needs. They also need to show that they can offer stability.
Generally, that process entails proving overall financial solvency, meaning that the parents have enough income to meet their own needs and the basic expenses associated with raising a child. They also need to have stable housing.
A rental home can provide stable housing. So long as the home is in good condition and there are adequate amenities for the child, such as a bed and ideally a room of their own, the state is unlikely to negatively judge an adoptive parent because they rent.
While a home study that involves an in-person assessment of the space is necessary and the state may conduct a financial review as well, homeowners do not necessarily receive preferential consideration during the adoption process. Many financially-stable and loving families rent. Leasing or renting a home should not deter people from pursuing an adoption.
Reviewing family circumstances, including houses, with a family law attorney can help adults better evaluate their likelihood of successfully adopting. With appropriate guidance, many families can open their homes, including rented homes, to children in need.]]>On Behalf of The Hicks Law Group, PC<![CDATA[What is the difference between an uncontested and contested divorce in Georgia?]]>https://www.jeffhickslaw.com/?p=530872026-01-23T20:49:50Z2026-01-23T20:49:50ZAnyone who is thinking about getting a divorce and starting to research the process has likely noticed that it is filled with legalese. Every step of the way, each party must work through the legal system and translate complicated legal terms. A failure to do so correctly can have unintended consequences on your future. The following will provide clarity over the terms that are in one of the earliest steps: contested and uncontested divorce.
Uncontested divorce in Georgia
The divorce process is guided by state law, so it is important to note that the following focuses specifically on how the process moves forward in Georgia. An uncontested divorce involves agreement on all material terms before the final hearing. Parties usually sign a settlement agreement addressing how they want to divide property and handle matters like alimony, custody, parenting time, child support, health insurance, and tax issues. The divorcing parties will also need to prepare a parenting plan when minor children are involved. Uncontested cases often move faster because they do not require additional court dates to address important legal issues before finalizing the divorce. Even in an uncontested matter, the judge must approve the settlement, confirm compliance with child support guidelines and determine that terms serve the child’s best interests.
Contested divorce in Georgia
A contested divorce exists when parties dispute one or more core issues. Litigation can include temporary hearings, discovery, subpoenas, custody evaluations, and if children are present guardian ad litem involvement. Contested cases often increase attorney fees, court costs and time away from work. In a contested divorce the court has more power over the final determinations and can control parenting time, support determinations and who gets the marital home.The key difference between contested and uncontested divorce is the level of court control over the outcomes. A contested divorce generally takes longer because it requires a greater level of court involvement.
Which is the right option for my divorce?
Which is right for you will depend on whether you and your future ex are in agreement on how to handle the major issues that you must settle during divorce as discussed above. Other factors that can impact your decision can include the financial complexity of the estate and whether you are concerned about your personal safety. Even those who choose an uncontested divorce and are able to negotiate a settlement can benefit from the use of legal counsel as mediation and targeted discovery are still likely. In Georgia, uncontested divorce generally limits litigation while preserving court oversight of children and support compliance. Contested divorce increases judicial decision-making, procedural demands, and risk. Early evaluation of disputed issues often determines whether settlement is feasible and whether litigation is unavoidable. ]]>On Behalf of The Hicks Law Group, PC<![CDATA[Beyond the 50/50 split: Creative property swaps in Georgia divorces]]>https://www.jeffhickslaw.com/?p=530862026-01-08T16:32:20Z2026-01-08T16:32:20ZHow ‘equitable distribution’ works
Georgia follows the equitable distribution rule, meaning the court divides your marital property fairly, though not always in a 50/50 split. According to Georgia case law, judges consider the big picture, including each person's financial situation and their contribution to the marriage, to reach a “just” result.
The framework allows you to trade equity in one asset for ownership of another. You can "offset" assets by giving up your interest in the family home to keep a secondary property or a retirement account instead.
Benefits of asset swapping
Imagine a scenario where you want to keep the primary residence to provide stability for your children. Your spouse might agree to take the lake house and a larger portion of a rental property to balance the books. This approach offers several advantages, including:
You avoid expensive realtor commissions and closing costs
Your family experiences less emotional stress from the move
You keep valuable real estate in your portfolio
By keeping these investments intact, you simplify the transition for everyone involved. These trades allow both parties to walk away with assets aligned with their new goals, rather than a pile of cash that may be difficult to reinvest.
Appraisals and tax implications
To make this strategy work, you must base every trade on current market values rather than what you originally paid. Professional appraisals are vital to ensure your swap is truly fair.
You must also keep an eye on future taxes. While the IRS generally allows you to transfer property between spouses during a divorce without a tax penalty, selling those properties later could trigger capital gains taxes. You should also factor in future maintenance costs and the ease of selling the property into your decision.
The power of strategic negotiation
Selling every asset is rarely your only option and often isn't the most beneficial financial move. Your long-term economic health depends on a creative approach to property division. Skilled legal guidance can help you manage complex valuations and ensure your final settlement is truly equitable. Thoughtful planning protects your future and your peace of mind.]]>