section update
business and finance section members certainly must
consider impacts to owners, spouses, heirs and others when
change of ownership, mergers and acquisitions, valuation,
and other issues arise. as an asset, a closely held business
must be equitably divided in a divorce case, almost always
raising valuation issues since personal conflict and transfer
restrictions often dictate that one spouse retain the ownership
interest and pay the other spouse for their equitable share.
the involvements of business attorneys in these situations
can be critical to navigating the client through process.
criminal law section members share the same personal
element as family lawyers in their area of practice. all too
often, escalating emotions in a divorce case can lead to an
altercation or event that can have criminal ramifications.
maintaining a close relationship with attorneys in that area
is imperative for when that call needs to be made.
the estate planning and probate section members can also
be a valuable resource to family lawyers trying to sort through
a pre-existing family trust or a trust set up in anticipation of
divorce. With divorce requiring a new will, a handy referral
for a trust and estate lawyer provides continuing service to
the divorce client after the case is over.
intellectual property section members can be very helpful
in understanding patents, copyrights, royalties and related
valuation issues. although less common, these rights and
interests are assets nonetheless, which require equitable
division and an analysis of the income streams from them.
international and immigration section lawyers are critical for
deciphering cross-border issues tied to domicile, custody,
business ownership and other topics. as seen, many of these
concerns have become international news headlines and
The Official News Publication of the Atlanta Bar Association
diplomatic crises over the last few years. this is a fascinating
and growing area of family law practice as the world becomes
“smaller” and more technologically connected.
real estate section lawyers have been one of the most
common of all family law attorney referral partners and
sources over the last five years as the emergence of short
sales, foreclosures and other related real estate issues have
required a specific area of expertise. As the recession settles
into the past, real estate issues will continue to present the
opportunity for collaboration between real estate and family
lawyers.
for atlanta bar tax section members, another family law
issue that requires keen awareness is income tax and its
implications in divorce cases. Depending upon the level of
income and assets, there are potentially numerous layers of
embedded tax issues in a divorce case, each one creating
potential exposure for the unfamiliar lawyer. for that reason,
it is often advisable for family law practitioners to work
alongside a tax attorney to identify any potential tax pitfalls.
uniquely situated at the intersection of many different
practice areas, family law will hopefully continue to provide
meaningful opportunities for collaboration among lawyers
as client interests require.
Jonathan J. Tuggle is vice-chair/chair-elect of the family
law section of the state bar of georgia and a founding
partner of the Atlanta family law firm, Boyd Collar Nolen &
Tuggle, LLC. The firm provides clients with a range of family
law services, including divorce, custody arrangements, preand post-nuptial agreements, and related services. tuggle
may be reached at (770) 953-4300 or jtuggle@bcntlaw.
com. ■
march 2013
ThE aTLanTa LaWYEr
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