Divorce

April 10, 2009

Ga. Chief Justice Wants To Curb Divorce Rate

In an article published on WSBTV.com, Georgia Chief Justice Leah Ward Sears is suggesting that, since
the anti-smoking movement helped snuff out rising tobacco use rates, a similar campaign is needed to reverse an uptick in divorces.Sears, who is stepping down from the court on June 30, told an audience Thursday in Athens she will spend a "substantial amount" of time after leaving the court working to reinvigorate marriages and discourage divorce and family abandonment.Some 43 percent of all marriages end in divorce within 15 years, according to the Centers for Disease Control and Prevention.

Sears, who is divorced, pointed to statistics that showed children of divorced couples face increased risks of poverty, child abuse, emotional distress and mental illness.She noted that in Georgia, more than 60 percent of all civil cases heard at the trial court level involve issues concerning children and families -- more than all criminal cases combined."As a mechanism for signaling to young people the right time and the right person with whom to have a baby, marriage has no peer," she said in prepared remarks. "Marriage is also the best child welfare, crime prevention and anti-poverty program we have. We must, therefore, protect it."

Sears, who has served on the Georgia Supreme Court since 1992, has made preserving marriage one of the centerpieces of her tenure as the court's chief justice.The court established a first-of-its-kind commission that gathered experts to find ways to reduce unnecessary divorce rates and launched a campaign to publicize the toll a divorce takes on a family.Sears has not yet announced where she will work when she steps down. She has said she will seek jobs in the private sector, perhaps as a university president or at a civil rights law firm.She has also been mentioned as a potential U.S. Supreme Court nominee, and she has not ruled out an eventual return to public service. Whatever she does, she said she will work to encourage lasting marriage in all sectors of society."It's for us to muster the determination and effort needed to save our children and ultimately our country from self-destruction," she said. "The alternative is to accept as inevitable that some of our children will enjoy a privilege that others are denied."

SOURCE: WSBTV.com

August 17, 2008

How to Guarantee You'll Have a Divorce from Hell

Dreamstime_5268037 Christi Trusler, an Austin, Texas, Divorce attorney, whose site is called Austin Divorce Help (she also has a terrific online seminar about divorce), says that periodically, she comes across someone who is determined to have a divorce from hell. In a clever contrarian approach, she lists the following tips that she has learned from some of these people.

  1. Lie. - It's critical that you and your attorney trust each other. So why not lie to them? That's really a great strategy.
  2. Get your kids involved. - Divorce is unpleasant enough on it's own. If you really get your kids involved and start using them against each other it's easy to make it much, much worse - on you and your kids. So go ahead, get a good custody battle going. Make your kids miserable. (If you pursue this strategy, I recommend saving money for therapy.)
  3. Start dating immediately. - If you'd like to make your spouse even less willing to try to reach an agreement, then start dating - and make sure you tell them about it.
  4. Raid the bank accounts. - This is a great way to let everyone know that you are the "bad spouse." Cut your spouse off from all your assets and don't let them have any money to live or to hire an attorney.
  5. Start making big purchases. - Spend, spend, spend. This one does two things. First, it's just more stuff to try and divide during the divorce. Second, since money is often an issue in divorces in the first place, it can give you just a little bit more to argue about.
  6. Don't do anything. - If you really want to frustrate everyone, including your own lawyer, don't do anything. Don't call anyone back. Don't respond to emails or letters or show up for meetings.
  7. Don't listen to your lawyer, get legal advice from your friends and family. - This is a personal favorite of mine. I know you hired an attorney to guide you thought this legal matter, but he or she couldn't possibly know as much about the law as your aunt Dorothy who has been divorced 3 times.
  8. Hire the most expensive attorney in town. - There are some attorneys in town that won't even talk to you unless you can pay at least a $25,000 retainer. If you really want to nuke all your family's financial resources while fighting with your spouse, make sure you talk to one of these lawyers.
  9. Hire the cheapest attorney in town. - This is the opposite end of the spectrum. I was always taught that things were cheap for a reason.

SOURCE FOR POST: Austin Divorce Help

April 03, 2008

Serb ex-wife gets half of everything — literally

Man uses grinding machine to cut farm tools, machines in half for divorce

BELGRADE, Serbia - A Serb farmer used a grinding machine to cut in half his farm tools and machines to comply with a court ruling that he must share all his property with his ex-wife, local media reported on Thursday.

Branko Zivkov, 76, told Belgrade daily Kurir he had been ready to give his wife Vukadinka her equal share of everything earned during their 45-year marriage, but was furious at being asked to give away half his farming equipment.

Instead, he bought a grinder and cut in two all his tools.

The halved equipment included large items such as cattle scales, a harrow and a sowing machine.

"I still haven't decided how to split the cow," he told the newspaper. "She should just say what she wants — the part with the horns or the part with the tail."

SOURCE: MSNBC.com

April 02, 2008

Women M.B.A.s More Likely To Divorce Than Men

Dreamstime_3174377 According to a soon-to-be-published study by Washington & Lee University School of Law and reported in the Wall St. Journal, women with M.B.A.s are twice as likely to get divorced or separated as their male counterparts. In short, a professional degree is often hazardous to marital health. According to the study:

Women with M.B.A.s described themselves as divorced or separated more often than women with only bachelor's degrees (12% of female M.B.A.s compared with 11% of women with only bachelor's degrees) and more than twice as often as men with M.B.A.s (5% of whom reported being divorced or separated).

The study's author believes that the root cause is that highly successful women "can't summon up the TLC and support that high-earning men need." Her advice, according to the WSJ story, is that " Well-educated, highly compensated women should be targeting particularly loving and supportive men."

Anyone familiar with statistics will know that while accurate conclusions can be drawn against populations, it is dangerous and inappropriate to attempt to apply so conclusions to specific individuals or families--especially for something as complex as marital success.

SOURCE: Wall Street Journal  (article by Anita Raghavan reprinted below)

SOURCE FOR POST: LifeTwo.com

Related Posts:

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Women Increasingly Paying Alimony

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Alimony - Prenups for Women

Continue reading "Women M.B.A.s More Likely To Divorce Than Men" »

March 28, 2008

Georgia Divorce Laws

Fotosearch_fotosearch_sma_340 Georgia Domestic Relations Code

RESIDENCY REQUIREMENTS:  To file for a divorce in Georgia, at least one spouse needs to be a resident of the state for six months before filing a petition for divorce.  [Based on Georgia Code - Section: 19-5-5]

LEGAL GROUNDS FOR DIVORCE:  The following grounds for divorce are recognized in the state of Georgia: (1) marriage between close blood relations; (2) Mental incapacity at the time of the marriage; (3) Impotency at the time of the marriage; (4) Force, menace, duress, or fraud in obtaining the marriage; (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (6) Adultery in either of the parties after marriage; (7) Willful and continued desertion by either of the parties for the term of one year; (8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer; (9) Habitual intoxication; (10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; (11) Incurable mental illness; (12) Habitual drug addiction, consisting of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16; (13) Irretrievable breakdown of the marriage. [Based on Georgia Code - Section: 19-5-3]

LEGAL SEPARATION:  When spouses are living separately, either spouse may petition the court for alimony or child support without having a divorce pending.  The other party shall be notified of such a petition, and the judge can grant such an order, to be enforced in the same manner as a divorce. [Based on Georgia Code - Section: 19-6-10]

MEDIATION OR COUNSELING REQUIREMENTS:  In contested divorce cases, the judge may refer the couple to an appropriate alternative dispute resolution program prior to a trial, if such method is reasonably available without additional cost to the parties.  [Based on Georgia Code - Section: 19-5-1]

PROPERTY DISTRIBUTION:  Georgia is an equitable distribution state. At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case. Generally, the separate property of each spouse shall remain the separate property of that spouse. [Based on Georgia Code - Section: 19-3-9]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:  Alimony may be awarded on either temporary or permanent basis.  A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the marital discord was caused by that party's adultery or desertion. Alimony may be awarded in accordance with the needs of the party seeking alimony, and the ability of the other party to pay.  Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony.  In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other. The following shall be considered in determining the amount of alimony, if any, to be awarded: (1) The standard of living established during the marriage; (2) The duration of the marriage; (3) The age and the physical and emotional condition of both parties; (4) The financial resources of each party; (5) The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment; (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party; (7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and (8) Such other relevant factors as the court deems equitable and proper. [Based on Georgia Code - Sections: 19-6-1 and 19-6-5]

SPOUSE'S NAME:  In all divorce actions, a party may enter a request for the restoration of a maiden or prior name. If a divorce is granted, the judgment or decree shall specify and restore to the party the name so requested for in the pleadings. [Based on Georgia Code - Section: 19-5-16]

CHILD CUSTODY:  Custody may be awarded to either parent based on the best interest of the child or children and what will best promote their welfare and happiness.  If the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child´s selection shall be controlling, unless the parent so selected is deemed unfit to have the custody of the child. In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody.

The court at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. [Based on Georgia Code - Sections: 19-9-1 and 19-9-3]

CHILD SUPPORT: Georgia uses an income-shares model to determine the amount of child support.  The court will consider the existence of special circumstances and may adjust child support based on: (1) Ages of the children. (2) A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available. (3) Educational costs. (4) Day-care costs. (5) Shared physical custody arrangements, including extended visitation. (6) A party´s other support obligations to another household. (7) Income that should be imputed to a party because of suppression of income. (8) In-kind income for the self-employed, such as reimbursed meals or a company car. (9) Other support a party is providing or will be providing, such as payment of a mortgage.  (10) A party´s own extraordinary needs, such as medical expenses. (11) Extreme economic circumstances including but not limited to: unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum. (12) Historical spending in the family for children which varies significantly from the percentage table. (13) Considerations of the economic cost-of-living factors of the community of each party. (14) In-kind contribution of either parent. (15) The income of the custodial parent. (16) The cost of accident and sickness insurance coverage for dependent children included in the order. (17) Extraordinary travel expenses to exercise visitation or shared physical custody. (18) Any other factor which the trier of fact deems to be required by the ends of justice, as described below: 

Child support continues until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. A non-custodial parent may be ordered to provide insurance for the child or children for so long as he or she is obligated by this order to provide support. Where applicable, the court shall also include income deduction orders. [Based on Georgia Code - Section: 19-5-12]

SOURCE: WomansDivorce.com

March 26, 2008

The Globalization of Family Law

Dreamstime_4628159 The world continues to grow smaller and economies continue to expand globally. Your client’s legal issues have continued to grow more complex, and, like everything else, family law has gone global. In today’s world, it is very possible for a couple that was born, raised, and married in Washington to now be living and operating a business in Germany with children attending school in France and have property or financial accounts in all three. If that marriage goes bad, is there a best place for it to go bad?

Prenuptial Agreements

Often, a good divorce starts with a good prenuptial agreement. Not surprisingly, there are significant differences in the enforceability of prenuptial agreements throughout the world. Although most U.S. states have some aversion to enforcing prenuptial agreements, they will generally do so provided certain conditions are fulfilled. But every country is different. Because of that difference, family law attorneys practicing internationally often have their clients get into “mirror agreements,” which are prenuptial agreements drafted with identical terms, each referring to the laws of a different jurisdiction, and each “mirroring” the other. One such agreement, using the laws of the country most likely to enforce that agreement, is made primary.

Divorce

Of course, every country handles divorce differently, too. When a client comes in seeking advice regarding a divorce, multijurisdictional litigation requires not just determining which countries are available, but also determining which jurisdictions are most advantageous to the client’s major concerns. If the decision is to pursue a divorce in the United States, forming a global strategy for the client might mean seeking a state or federal receivership order and then ratification of that order in the other jurisdictions, allowing the receiver to take control of the marital assets wherever those assets may be situated in world.

There are problematic divorces that cause further confusion: religious divorces, such as the “triple talaq” (the Islamic divorce practice wherein the husband simply states his wish to divorce three times), and “quickie” or “migratory” registry office and bilateral divorces, requiring only spousal consent and limited paperwork. The legal effect of these divorces in any country other than the country rendering the actual divorce is difficult to determine quickly, and can later raise potentially unexpected issues.

Child Custody

Custody of children remains the most contentious of family law issues. International custody litigation takes many forms, but one of the most common is “abduction,” where one parent takes the children and moves to another country without the other parent’s, or a court’s, approval. Perhaps the most common international child abduction litigation occurring within the United States at any given time involves application of the Hague Convention on the Civil Aspects of International Child Abduction, which the United States and numerous other countries have adopted. The Convention is intended to prevent parents from unilaterally moving children across international boundaries for the purpose of finding a more sympathetic court and to prevent harms “thought to follow when a child is taken out of the family and social environment in which its life has developed.”

Also in play in international abductions are each state’s Uniform Child Custody Jurisdiction and Enforcement Act. Washington State’s UCCJEA, for example, explicitly extends the application of its provisions to the international arena and calls for recognition and enforcement of foreign custody decrees under most circumstances. Therefore, the same policies and practices that prevail in the United States with respect to custody decrees of sister-states should prevail with respect to foreign decrees.

Enforcement of Support Judgments and Orders

People from every corner of the world come to the United States not just to get their piece of the American Dream, but also to escape their financial difficulties. Each state’s Uniform Foreign Money-Judgments Recognition Act provides a statutory basis for registration and enforcement of foreign judgments. As of 2001, 30 states had adopted the UFMJRA which provides a streamlined process for registering a foreign judgment and thereafter acting to enforce it as though it were any other judgment.

Additionally, every state has adopted the Uniform Interstate Family Support Act, which explicitly extends its provisions beyond sister-states to the support judgments and orders of foreign countries. Because the UIFSA allows for recognition of administrative, quasi-judicial, and judicial orders, it provides wide latitude to enforce orders made in countries with very different legal systems than those in the United States. It also allows for the imposition of a new judgment for any unpaid support to date.

Domestic relations law remains in near constant flux both here in the United States and abroad. But one thing remains certain: many of your clients, whether you are a family lawyer or not, will have family law issues, and family law has gone global. Just knowing what a U.S. court is likely to do in a given circumstance is only part of an ever-growing and challenging puzzle.

SOURCE: American Bar Association Law Trend and News in an article by David Starks

David Starks is a senior attorney at McKinley Irvin, handling all aspects of complex family law. He can be reached at david@mckinleyirvin.com or 206-264-4519.

March 25, 2008

Forget silver anniversaries: Many couples grapple with 'gray divorce'

Dreamstime_4111250 It's been nearly a year since Sherman Smith's 33-year marriage ended in a divorce that, he said, his ex-wife wanted after she realized she didn't love him in the same way anymore.

"A divorce is kind of like a death, but she's still there and I can't have her," said Smith, 55, of Elliottsburg, Pa. "I was really looking forward to retiring some day and spending more time with her."

Smith has spent 18 months in a divorce support group. "I'm not 100 percent, but I'm pretty doggone good," he said.

Annie, 69, of Enola, Pa., who didn't want her last name used, has been divorced since September after her husband of 47 years left her for an old high school flame.

Annie said she had considered their marriage a happy one. Divorce simply wasn't in the realm of possibilities for them.

"It hit me in the face like a two-ton truck," she said. "I hadn't a clue. It was the most absolutely horrible thing that ever happened to me. I'm still not over it. I'll never be over it."

Although the divorce rate is highest among men ages 30 to 34 and women ages 25 to 29, attorneys, marriage counselors and researchers say that increasingly, people in their 50s, 60s and 70s are grappling with what has come to be known as "gray divorce."

Higher incomes, advanced education and longer lives contribute to the trend, said Gordon Nelson, an associate professor of human development and family studies at Penn State.

"People might be becoming increasingly more independent," he said.

Mature people in long-term marriages often have multiple and complex reasons for calling it quits.

The '60s generation, more focused on happiness and personal fulfillment and less inhibited about divorce, is moving into its 60s, New Cumberland, Pa., psychologist and marriage and family therapist Sally Tice noted.

And as people live longer "there's more years to think of putting up" with unhappy marriages, she said.

Raising children can take a toll, too.

"It's very typical for couples to grow apart during the adolescent years of their children," Tice said. And if they haven't renewed their relationship, it can fall by the wayside.

Carlisle, Pa., divorce and family law attorney Carol Lindsay identified one age-old reason for gray divorce: the midlife crisis. This temporary emotional upheaval is seldom referred to as such by anyone in the midst of one, and it's typically a male phenomenon, she said.

"There's this vague longing. Mortality is calling," Lindsay said. "People throw over things they have. ... There's this sense that I missed something."

But it's not always true that older men find it easier to remarry, said Camp Hill attorney Corky Goldstein — whose oldest divorce client was 81 and "very, very unhappy" in a 44-year marriage.

"If you don't really have any money, a man in his 70s is not going to attract a younger woman," he said.

Yet, while divorce at midlife used to be more of a "male deal," increasingly women are initiating it, Lindsay said.

A 2004 AARP study of persons who had divorced between the ages of 40 and 70 confirmed Lindsay's observations: 66 percent of the women surveyed said they had asked for the divorce, compared with 41 percent of the men.

Lindsay believes a different kind of midlife event is often at work with women who, for years, cared for their husband and children.

"The hormone for taking care of people goes away and they're sick of it," she said. "They're just not in the nurturing mode any more."

Sometimes it has to do with women getting jobs and having the money to leave, coupled with a softening of the taboo against divorce, Lindsay said.

Gray divorces generally don't have the grueling, heart-rending custody issues common in younger couple's divorces, but they can be wrought with the complications of property ownership and division of assets.

In Smith's case, his ex-wife had her own pension plan, he said.

Annie, a retired teacher, also has her own pension and Social Security, but she resents how the divorce has changed her financial situation.

"When my husband and I were together we had enough money to do whatever we wanted and now I'm strapped," she said.

Some older couples show their maturity in the way they handle their divorce. "Sometimes there are graceful older people and you are so grateful for them as clients," Lindsay said. "I always think a long marriage deserves to be honored with a respectful divorce."

TIPS FOR SURVIVING DIVORCE IN LATER LIFE

• Join a support group.

• Develop same-sex friendships.

• Volunteer.

• Don't isolate yourself.

• Seek out the medical, mental health and spiritual resources.

• Give yourself time to grieve and heal.

• Consult an attorney and a financial adviser before signing any documents regarding marital assets. Choose an attorney who will advise you of your rights and represent your interests but who won't escalate matters beyond your comfort level. You both are going to want to attend the grandchildren's birthday parties.

SOURCE: AJC.com in an article by Ellen Lyon

February 21, 2008

Online game causes divorce!

Warcraft_narrowweb__300x4112  Mobile, Alabama, family law and divorce attorney Michael Sherman of the Alabama Family Law Blog has posted an interesting article today, republished below.

World of Warcraft is a best-selling online role-playing game.  It boasts over ten million subscribers; however it has apparently also left an increasing number of real life casualties in its wake, including a woman named Jocelyn.

Though she is not a player, the 28-year-old California native has divorced her husband of six years due to his development of what she describes as a "crippling addiction" to the game.

She claimed that shortly after he would come home from work at 6:00 p.m., he would begin playing until 3:00 a.m. She said that he was even worse on the weekends, when he would play from the morning until the middle of the night.

“I ceased to exist in his life,” she said.

Jocelyn and her ex-husband Peter had been friends since age 13. However, nine months was all it took for the marriage to fall apart.

She said she purchased the game as a Christmas present for him in 2004, when it first came out. They had their first serious discussion about the direction of the marriage in May of 2005. She moved out of the house by September 2005.

She also said her ex-husband failed to perform his domestic duties as well. She says that he was no longer paying his bills, nor doing his part of the housework.

She doesn’t hesitate to say that the game was the main reason the divorce took place and is still emotional about the impact it had on the marriage. She was upset that her husband would ruin his life and his marriage for “a fantasy land.”

This story was originally told at Yahoo Games and can be found here and below.  Though it only includes one side of the story, if true, it is sad that a video game could cause the break up of a marriage.  It reminds me of the title of a good book, Amusing Ourselves to Death.  Or, in this case Amusing Ourselves to Divorce.

SOURCE FOR POST: Alabama Family Law Blog

Related Post: Is a virtual affair real-world infidelity?   

Continue reading "Online game causes divorce!" »

February 13, 2008

Five Tips to Protect Your Retirement Assets in a Divorce

When it comes to splitting assets during a divorce, the house and retirement funds are usually the biggest. As the housing market tumbles, retirement assets are taking center stage.

But deciding who gets what and how much when the Golden Years roll around can be tricky.

“That old saying that 'the devil is in the details' is especially true when it comes to dividing up retirement assets in a divorce,” said Martin Shenkman, a lawyer in New Jersey. “After all the trauma of a divorce, people don’t want to do the detailed paperwork, but you need to."

Retirement funds accrued during the marriage, are considered marital assets and are hard to get excluded from a divorce settlement. "It is generally up to the person claiming a different designation to prove it in court," said Maury Beaulier, an attorney based in Minneapolis, Minn.

What Your Ex-Spouse is Entitled to

Your marriage could have ended more than 20 years ago, but your ex-spouse may still be entitled to part of your retirement. 

If a marriage laster longer than 10 years, your ex can claim Social Security at a rate of spouse contribution. Social Security is not usually addressed during a divorce, but it's good to know that they can be entitled to part of it.

"An unmarried, divorced spouse is entitled to 50% of [her/his] former spouse's Social Security starting at age 62," said Clay Caldwell, a certified financial divorce practitioner.

The law sees marriage like a contract or starting a business partnership, Beaulier said.

“When two people get together, each owns 50% of a business--even if one sits at home--so the theory is the efforts of a homemaker to marriage is just as much as the person in the workforce,” said Beaulier. 

The type of fund doesn't matter: Whether it's a pension, 401(k) or profit-sharing agreement, it will most likely be split up in your divorce settlement.

The best way to split up qualified accounts like 401(k)s and ESOPs is to use a Qualified Domestic Relations Order [QDRO] in your settlement. A QDRO establishes what each party is entitled to designates the amount of tax each party pays on the account.

Choosing not to use a QDRO is risky and can leave you paying taxes on money distributed to your ex.

Splitting your retirement can be as complicated as splitting hairs, and making a wrong decision could cause a financial disaster in your vintage years. Here are five ways to protect your retirement nest egg:

Continue reading "Five Tips to Protect Your Retirement Assets in a Divorce " »

February 12, 2008

Happy Valentine's Day Honey, Let's Get Divorced

The day of romance and love is coming up Thursday. Valentine's Day is a multi-billion dollar industry, but so is divorce.

While some people in love are thinking of how they're going to spend their day together -- others are thinking of something much less romantic.

For Valentine's Day, WHJY-FM disc jockeys Paul and Al are giving away a free divorce.

"Trying to get a divorce on Valentine's Day is kind of ironic. But the other part about it, it seems to be the time of year that more people actually go and seek a divorce," Al said.

Paul and Al said they've received hundred of calls and e-mails from people entering their contest to win a free divorce.

"There's a lot of hatred, a lot of anger out there in what we're receiving from the e-mails in our divorce contest," Paul said.

The law offices of Lovett and Lovett are donating the divorce. The only application restriction: you can't have any children under the age of 18.

Callers offered various reasons for wanting a divorce.

"I like the free divorce because when I was 19 I got married -- stupid me -- and about year later I caught my wife cheating on me," one caller said.

"Today I just looked at him and said, 'OK, I've had enough,'" another caller said.

"It really amazes me how many people are in this state of limbo in their marriages. It's not just people who need a divorce right now. But people who have been separated for eight years, 10 years, 12 years, and finally look at this as a way of finding some closure in their lives," Al said.

That closure will come for one random winner on Thursday.

SOURCE: MSNBC

February 09, 2008

Valentine's Day gifts now include divorce papers

Dreamstime_1231754 Most couples celebrate Valentine's Day by giving greeting cards, flowers, candy or the like. But others have found a more unconventional gift to give-divorce papers.

Legal Match, a San Francisco-based Internet company that matches clients to attorneys, has coined the term the "Valentine's Effect" in order to describe the surge in requests for divorce attorneys that are made about two weeks prior to Valentine's Day each year.

Feb. 14 is a "day of romance that makes you face up to the reality that you have none," John Kitta, a California-based divorce lawyer and LegalMatch client, told Forbes.com.

Sadism may be an explanation for filing for divorce at such a time. Clients also ask attorneys to serve divorce papers on other special days, like birthdays or anniversaries, Kitta said.

"I can't say that I wouldn't do something like that if I were fed up enough," said Kelly Davis, a junior psychology major from Farrell, Penn. "Sometimes it feels good to get back at someone who has hurt you with some kind of stab that you know hurts them just as bad."

However, filing for divorce around Valentine's Day may be more strategic than sadistic. It may even be beneficial to both people involved.

Waiting until mid-February to file for divorce conveniently allows couples to make it through the busy, often family-oriented holidays of Thanksgiving and Christmas. It also gives them time to file joint taxes, meaning larger returns.

"I stayed with my husband until February, even though I was ready to leave months before that," said Cheri Hall, a freshman at Ivy Tech University in Bloomington, Ind. "I didn't want to spend the holidays alone, and then at New Year's I tried to convince myself we could have a new start.

"Of course, that didn't happen, and by Valentine's Day, I decided that I deserve better," Hall added. So I left."?

SOURCE: The Meter in an article by Kelley Smith

February 07, 2008

Nation's Top Divorce Lawyers Note Dramatic Rise in Electronic Evidence

E-mails are Primary Source with Wives Most Likely to Use Them

A resounding 88% of the nation's top divorce attorneys say they have seen an increase in the number of cases using electronic data as evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML). E-mail takes the lead as the most commonly used form of technological evidence, with 82% citing it as the main source. Interestingly, the survey also reveals that wives are more likely to make use of electronic evidence than husbands.

"As in all other areas of our lives, technology is having a big impact on the way that divorces are now conducted," said James Hennenhoefer, president of the AAML. "Many people still don't realize how much evidence can be gleaned from personal electronics ranging from computers to cell phones and GPS devices. In the Internet age, there is often a very clear trail that has been left behind and can be easily traced."

In all, 82% of the AAML members who responded said that e-mail has become the most common form of electronic evidence during the past five years. Text/instant messaging and Internet browsing history tie for second with 7% each, while 1% of the respondents cite data taken from GPS systems.

A gender difference also emerged between which spouse uses electronic evidence more often in divorce cases. In all, 27% of the members said that wives use electronic data more often during a divorce case while only 5% said husbands did.

SOURCE: PRNewswire.com

February 06, 2008

10 Things Not To Do In Your Divorce Case

Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer. Don’t be one of them. Divorce law isn’t rocket science, but it isn’t always intuitive. Avoid the following 10 divorce pitfalls to get a better result.

During your divorce, you should NOT:

1.    Lie to your lawyer: We are here to help you. Your communication with us is privileged, meaning we can’t tell others about it, except in certain child abuse scenarios. The more we know, the more we can help. We need to know everything, the embarrassing, the ugly, and the secret. If you have a drug, alcohol, or gambling problem, tell us. You have two options: (1) Disclose and likely hear from your lawyer that your secret or problem is irrelevant to the court process, or (2) Fail to disclose and have your case hurt at trial because the other lawyer knows facts you haven’t told your lawyer.

2.    Lie to the court: If you have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth, and who is lying. Not only is lying to the court a crime, but your lawyer may have a duty to stop the proceeding and tell the court if he or she knows you are misrepresenting facts! If you have areas of your case that are sensitive, work with your lawyer on what you are going to say, but don’t misrepresent.

3.    Involve the kids in the process: If your case involves a custody or parenting time dispute, nothing will draw the wrath of the court faster than involving your kids in the dispute. Don’t talk to them about the case. Don’t use them as pawns in the battle against your spouse. Don’t use them as your therapist, or treat them as your peers. Don’t put your spouse down in front of the kids. You are not only harming your case, you are harming your children.

4.    Hide or fail to produce documents: You have an absolute right to see your spouse’s financial documents. Your spouse has an absolute right to see your financial documents. I have seen many cases that could have been simple turn complex and expensive when someone decides to not voluntarily produce records. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily. I had a case where we asked for some email records from the other side. They did not produce them, and when we filed a motion to compel their production, they tried to tell the court that they had been destroyed. The stunt seriously impacted the opposing lawyer’s credibility with the court.

5.    Refuse to cooperate with a court appointed expert: In divorce and custody cases, experts called “custody evaluators” are routinely appointed to gather information about a family and make a recommendation regarding an appropriate parenting plan. If one is appointed in your case, cooperate. Be on time for appointments. Treat the expert with appropriate respect. Ignoring the requests of the evaluator can seriously harm your position and credibility with the court. An evaluator will likely make negative assumptions about you if you cannot comply with a court’s order to cooperate.

6.    Settle without analyzing your case: Divorce can be unpleasant and emotionally painful. One reaction is to try to get it over quickly. Do not give into the urge to be done with the case before you have a full understanding of the assets and what a fair distribution looks like. You don’t want to be in a position where you are contemplating settlement and your spouse knows more about the assets than you. Prepare and go over a proposed distribution of assets and liabilities with your lawyer. Make sure you know the nature and extent of the assets, and get additional discovery if you don’t. Do not settle prematurely, before you know what is fair.

7.    Fail to try to resolve the case outside of court: Don’t settle early without analysis, but also don’t fail to try to settle. Good lawyers and reasonable people settle most divorce cases without a trial. Many clients benefit from mediation, either through the county courthouse or through a private mediator. Our experience has been that many very difficult settle in mediation with the guidance of a trained expert mediator. You should always consult with your lawyer during the process to make sure you are getting a fair result. Settling also means you choose the outcome rather than have a judge impose an outcome on you. Parties that settle are generally happier long term, and have less ongoing conflict. Even if the other side is unreasonable, you should still make an offer to create a record of your position.

8.    Take out your stress in unhealthy ways: This is the wrong time to up the drinking or other unhealthy behavior. Expect stress from the conflict and plan for it. Take out your stress in healthy ways, like at the gym, sports, or in talking to friends or a counselor. Don’t take it out on your children, or your body through unhealthy behaviors.

9.    Be economically irrational in negotiations: At some point in every case it costs more to continue arguing than what is at stake. Approach your case with a business like mind. Are you really winning if you spend $1000 on lawyers to argue over a $50 lamp? Some (bad) lawyers insist on arguing about every point, without regard to cost. Every issue is a new battle front. A request to resolve one issue results in two more contested issues. In our opinion, these lawyers don’t serve their clients well. Pick your battles. If it costs $1000 to argue over something you can replace at Target for $20, buy a new one, and focus on what is really important.

10.   Be your own lawyer if your case is contested and your spouse is represented: Many judges dislike unrepresented parties. Even experienced divorce lawyers hire experienced divorce lawyers for an objective opinion. Many unrepresented people who think they have a great case find out otherwise after a judge rules against them because they can’t tell the judge everything they want to because of the rules of evidence. If you disagree over property or custody, and your spouse has a lawyer, seek representation.

Source: The Oregon Divorce Blog.

SOURCE FOR POST: Oklahoma Family Law Blog

January 30, 2008

Georgia Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Georgia Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Divorce with the court.

Court Name:
In the Superior Court of _____________ County, Georgia

The proper name of the court in which a Divorce is filed in the state of Georgia. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.cse.dhr.state.ga.us/

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Petition for Divorce

The title and name of the legal document that will initiate the Georgia Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Final Judgment and Decree

The title and name of the legal document that will finalize the Georgia Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office of the Superior Court

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony/Maintenance/Spousal Support. [Code of Georgia Annotated; 19-6-10].

Property Distribution:
Equitable Distribution

The applicable Georgia law that will dictate how property and debt is to be divided upon Divorce.

SOURCE FOR POST: DivorceSupport.com

Georgia Spousal Support/Maintenance/Alimony Factors

In Georgia the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:

Any spouse may be awarded alimony as long as he or she is not guilty of desertion or adultery. These other factors are also considered when the parties are not able to agree on an amount; 1. the participation each party had to the marital estate; 2. the duration of the marriage; 3. the future earning capacity and financial resources of each party; 4. the age and medical condition of each party; 5. the future earning capacity of each party; 6. the value of each party’s separate property; 7. the standard of living sustained during the marriage; 8. rehabilitative time one party may need to gain employment. (Georgia Code - Sections: 19-5-5)

SOURCE FOR POST: DivorceSupport.com

Georgia Property Division Factors

In Georgia, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Superior Court within the Decree of Divorce.

Georgia is referred to as an "equitable distribution" state. When the parties are unable to reach a settlement, the Superior Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Superior Court to be fair.

There are no factors listed in the statutes regarding what is considered by the court when distributing the property upon divorce.

The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court´s equitable powers to execute effectually and fully the jury’s verdict. (Georgia Code - Sections: 19-5-13)

Since Georgia is an "Equitable Distribution" state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does "equitable" mean? Equitable can be defined as "what is fair, not necessarily equal." To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

Georgia Grounds for Divorce

The Petition for Divorce is the initial document filed with the Georgia court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The granting of a divorce shall be according to one of the following grounds:

No Fault Based Grounds:
(1) The marriage is irretrievably broken. Under this ground the parties will not be granted a divorce until 30 days have lapsed from the time of filing.

Fault Based Grounds:
(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (2) Mental incapacitation; (3) Impotence at the time of getting married; (4) Force, duress and fraud (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (6) Adultery by either spouse (7) Willful and continued desertion by either of the spouses for the term of 1 year; (8) Conviction of a felony and imprisoned for a term of 2 years or longer; (9) Habitual drunkenness; (10) Cruel treatment; (11) Incurable mental illness. (12) Habitual drug addiction. (Georgia Code - Sections: 19-5-3)

Every divorce case that is filed in the state of Georgia must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

Georgia Divorce Residency Requirements

In order to file your Petition for Divorce in Georgia, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Georgia residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

The divorce is typically filed with in county in which the filing spouse lives. (Georgia Code - Sections: 19-5-5).

January 09, 2008

Divorce Wars Hazardous to Financial Health

Dreamstime_2800503 In its February 2008 issue, Consumer Reports lists and discusses "12 Money Blunders That Could Cost You $1 Million." Coming in at number 3 is: "Launching a divorce war":

3. Launching a divorce war (CR estimated cost: $49,000 to $188,000)

Divorce may be unavoidable sometimes, but spouses can take steps to reduce the
financial impact. Hiring lawyers can ensure everyone's interests are
represented, but the more issues spouses want to slug out, the more billable
hours attorneys can charge. CR's report found that a low-conflict divorce can
generally be mediated for about 75 percent less than using attorneys and going
to trial.

-- CR's Advice:  Because the intensity of the conflict is a major driver of
legal costs, work more toward diplomacy than war, which will increase the
viability of the low-cost mediation option. Try hardest to get along on
custody, often a hot-button issue. Property settlement is a Solomon-like 50-50
split in most states.

SOURCE FOR POST: Reuters.com

December 26, 2007

Cell Phone Voice Messages and Custody Disputes

Cellphone Should you keep a record of those angry cell phone voice messages from your ex?  The now infamous Alec Baldwin voicemail message to his daughter (in which he berates his daughter) illustrates how advances in technology can help introduce evidence into child custody battles.  In some situations, this evidence can point out character flaws that aren't always obvious to the courts. The following information about copying answering machine recordings and cell phone voice mail messages can come in handy if you are gathering evidence for a custody case.

Voicemail Messages May Influence Court Custody Decisions.
Will You Be Ready?

If you've ever considered recording your phone conversations, you know that it is illegal [in many states; not Georgia; see Georgia's Laws on Taping Phone Calls and In-Person Conversations] unless you get the other person's permission. Ironically, if you are trying to capture angry, hysterical, threatening or scary conversations from someone, this would defeat the purpose, because they most likely would never agree to be recorded! And even if you did make a recording, because it is illegal, it would not be admissible in court!

But, if this type of person leaves a message on your answering machine or on your voicemail, it is understood that they are being recorded. Therefore, it is more likely that this would be allowed in a court situation to support your divorce or custody case. Each situation and jurisdiction is different regarding these matters, so we cannot say that in every case, the voicemails would be allowed in court, but we can say that it is more likely than secretly recording a phone conversation.

If you have cell phone voice messages that you think would help you in court, you probably have been saving them every few days. If you didn't, you know that your service will erase them permanently after 30 days. The problem is that eventually, you have saved so many messages that there is no room for more messages. This frustrates everyone and makes the angry caller suspicious.

So, that leaves us with the question of "how do I get these voicemail messages onto a CD?"

There are four options:

OPTION 1 - VoIP Service + Phone Recording Software. This is where you have your computer call your voicemail and you record the message directly into your computer.

OPTION 2 - Cable Connection + Phone Recording Software. This is where you hook up cables between your phone and your computer and you record the message directly into your computer.

OPTION 3 - Receive Voicemail as Email Attachment. This is where you sign up for a third party service that has a feature that can literally grab your voicemail and send it to you as an mp3 in an email attachment.

OPTION 4 - Voicemail Transfer Service. This is where you hire someone to do it for you.


SOURCE FOR POST: Woman's Divorce Blog in an article written by Howard Richman.

Related Posts:

Georgia's Laws on Taping Phone Calls and In-Person Conversations

High-Tech Evidence: A Lawyer's Friend or Foe?

BE CAREFUL WHAT YOU SAY: EMAILS, TEXT MESSAGES, VOICEMAILS AND MORE...

Illegal Electronic Surveillance in Divorce Cases

Tell-All PCs and Phones Transforming Divorce

Continue reading "Cell Phone Voice Messages and Custody Disputes" »

The 12 Days of Christmas Divorce

On Christmas Eve, James J. Gross, of the Maryland Divorce Legal Crier, had a very appropriate post for the season and I am reproducing it with thanks to him and to Dick Price at the Divorce and Family Law in Tarrant County, Texas Blog, who brought Jim's post to my attention:


"The Twelve Days of Christmas Divorce

On the twelfth day of Christmas,My true love sent to me
Twelve demands for relief,
Eleven prayers for property,
Ten thousand for alimony,
Nine hundred for child support,
Eight pages of interrogatories,
Seven requests for documents,
Six requests for admissions,
Five thousand for attorneys,
Four requests to enjoin,
Three pre-trial motions,
Two process servers,
And a complaint for a final divorce!"

I hope everyone has as merry a Christmas and as happy a holiday season as possible as you work through whatever legal issues you face. May your next year be much better and happier!

SOURCES FOR POST: Maryland Divorce Legal Crier and  Divorce and Family Law in Tarrant County, Texas Blog.

December 18, 2007

Surviving the Holidays

Dreamstime_3424733 Getting through the holidays can be a challenge for any family, but it can be especially difficult for a newly-divorced family. In her Divorce Ain’t So Bad After All series, Barbara Scala, Life Transition & Divorce Coach, offers these tips for surviving the holidays:

Find Your Holiday Spirit

Where is your holiday cheer? Hiding behind anger you’re holding toward your ex? Or is there sadness because you’re not part of a couple or loneliness when your kids are not around?

Forget that. Instead, look for joy everywhere. It’s there in your kids’ smiles when they help you bake holiday goodies or in your dog’s wag as he rips open his stocking stuffed with treats. What about helping those in need by volunteering for a worthy cause at this time of year? Lend a hand collecting warm clothing for a coat drive or bring toys to kids in hospitals. Your holiday spirit is there. You just have to find it. Look hard, look deep, search. Once you do find that magical feeling of love, peace and goodwill, hold onto it all year long.

Celebrate Twice

Kids of divorce seem to find out quickly that they get the chance to celebrate holiday events, not to mention birthdays and other milestones, twice; once with you and once with their father or other family members. Why not carry that “twice as nice” feeling to yourself as well?

New Year’s Eve can be spent with your friends, a date, your kids, or just you. Going solo? For the ladies out there, why not light a bunch of candles, draw a great bubble bath, put on a mask and place cucumbers over your eyes while listening to old Beatles tunes. Get gourmet take-out and include a decadent chocolate dessert. Then watch hours of chick flick movies with popcorn while treating yourself to a manicure/pedicure. Get the picture? Spoil and pamper yourself and enjoy simple self indulgent pleasures.

On New Year’s Day, celebrate again. If you spent the 31st in that bubble bath, have a neighbor over for fondue, take your nephew to the movies or have sushi with your sister. The key is not to wallow but to get up and out, savor your freedom and find enjoyable outlets in your life.

Something Old, Something New for the Holidays

Ring in a new life by incorporating some new ways to celebrate the holidays while keeping some of your old favorite traditions. Bring out the family heirloom menorah for Hanukah but serve the meal on something other than your wedding china this year. Instead of feeling deprived of present opening rituals because Dad has the kids, create a new one of your own. And, who cares about a date on a calendar anyway? If you can’t be with your kids on the actual holiday day, declare another day of celebration with all the trimmings and fun.

Hold on to some time honored traditions of the past so the holidays have a familiar feel, but bring in fresh ideas and creative ways to be festive.

Source: Divorce Ain’t So Bad After All: Even at the Holidays by Barbara Scala, former attorney and Life Transition & Divorce Coach, published at her website, BloomOnline.

SOURCE FOR POST: DivorceNet.com

December 16, 2007

Top 10 things to NOT do during your divorce.

Dreamstime_2761064 Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer. Don’t be one of them. Divorce law isn’t rocket science, but it isn’t always intuitive. Avoid the following 10 divorce pitfalls to get a better result.

During your divorce, you should NOT:

1. Lie to your lawyer: We are here to help you. Your communication with us is privileged, meaning we can’t tell others about it, except in certain child abuse scenarios. The more we know, the more we can help. We need to know everything, the embarrassing, the ugly, and the secret. If you have a drug, alcohol, or gambling problem, tell us. You have two options: (1) Disclose and likely hear from your lawyer that your secret or problem is irrelevant to the court process, or (2) Fail to disclose and have your case hurt at trial because the other lawyer knows facts you haven’t told your lawyer.

2. Lie to the court: If you have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth, and who is lying. Not only is lying to the court a crime, but your lawyer may have a duty to stop the proceeding and tell the court if he or she knows you are misrepresenting facts! If you have areas of your case that are sensitive, work with your lawyer on what you are going to say, but don’t misrepresent.

3. Involve the kids in the process: If your case involves a custody or parenting time dispute, nothing will draw the wrath of the court faster than involving your kids in the dispute. Don’t talk to them about the case. Don’t use them as pawns in the battle against your spouse. Don’t use them as your therapist, or treat them as your peers. Don’t put your spouse down in front of the kids. You are not only harming your case, you are harming your children.

4. Hide or fail to produce documents: You have an absolute right to see your spouse’s financial documents. Your spouse has an absolute right to see your financial documents. I have seen many cases that could have been simple turn complex and expensive when someone decides to not voluntarily produce records. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily. I had a case where we asked for some email records from the other side. They did not produce them, and when we filed a motion to compel their production, they tried to tell the court that they had been destroyed. The stunt seriously impacted the opposing lawyer’s credibility with the court.

5. Refuse to cooperate with a court appointed expert: In divorce and custody cases, experts called “custody evaluators” are routinely appointed to gather information about a family and make a recommendation regarding an appropriate parenting plan. If one is appointed in your case, cooperate. Be on time for appointments. Treat the expert with appropriate respect. Ignoring the requests of the evaluator can seriously harm your position and credibility with the court. An evaluator will likely make negative assumptions about you if you cannot comply with a court’s order to cooperate.

6. Settle without analyzing your case: Divorce can be unpleasant and emotionally painful. One reaction is to try to get it over quickly. Do not give into the urge to be done with the case before you have a full understanding of the assets and what a fair distribution looks like. You don’t want to be in a position where you are contemplating settlement and your spouse knows more about the assets than you. Prepare and go over a proposed distribution of assets and liabilities with your lawyer. Make sure you know the nature and extent of the assets, and get additional discovery if you don’t. Do not settle prematurely, before you know what is fair.

7. Fail to try to resolve the case outside of court: Don’t settle early without analysis, but also don’t fail to try to settle. Good lawyers and reasonable people settle most divorce cases without a trial. Many clients benefit from mediation, either through the county courthouse or through a private mediator. Our experience has been that many very difficult settle in mediation with the guidance of a trained expert mediator. You should always consult with your lawyer during the process to make sure you are getting a fair result. Settling also means you choose the outcome rather than have a judge impose an outcome on you. Parties that settle are generally happier long term, and have less ongoing conflict. Even if the other side is unreasonable, you should still make an offer to create a record of your position.

8. Take out your stress in unhealthy ways: This is the wrong time to up the drinking or other unhealthy behavior. Expect stress from the conflict and plan for it. Take out your stress in healthy ways, like at the gym, sports, or in talking to friends or a counselor. Don’t take it out on your children, or your body through unhealthy behaviors.

9. Be economically irrational in negotiations: At some point in every case it costs more to continue arguing than what is at stake. Approach your case with a business like mind. Are you really winning if you spend $1000 on lawyers to argue over a $50 lamp? Some (bad) lawyers insist on arguing about every point, without regard to cost. Every issue is a new battle front. A request to resolve one issue results in two more contested issues. In our opinion, these lawyers don’t serve their clients well. Pick your battles. If it costs $1000 to argue over something you can replace at Target for $20, buy a new one, and focus on what is really important.

10. Be your own lawyer if your case is contested and your spouse is represented: Many judges dislike unrepresented parties. Even experienced divorce lawyers hire experienced divorce lawyers for an objective opinion. Many unrepresented people who think they have a great case find out otherwise after a judge rules against them because they can’t tell the judge everything they want to because of the rules of evidence. If you disagree over property or custody, and your spouse has a lawyer, seek representation.

SOURCE FOR POST: Oregon Divorce Blog

December 12, 2007

How Divorce Affects Income Tax Filing Status

Tax_forms Your marital status on the last day of the tax year determines your income tax filing status for that tax year. If you have a final decree of divorce as of December 31, you can file as single, or you may qualify for head of household status. However, if your divorce is not yet final as of December 31, you can file jointly or married filing separately.

Usually filing jointly results in a lower tax. However, filing jointly will make you responsible for your spouse’s tax liability including penalties and interest, since a husband and wife have ‘joint and several liability’ on a joint return.

To qualify as head of household you must meet the following requirements: 1) You paid more than half the cost of keeping up your home during the year; 2) your home was the main residence for you and your  children for half of the year; and 3) your spouse hasn’t lived in your home for six months.

Source for Post: Oklahoma Family Law Blog, and South Carolina Family Law Blog and Divorce Help Network, which reposted it.

Related Posts:

Federal Income Tax FAQ's

Divorce Versus Annulment: The Tax Difference

Taxes & Divorce: Qualified Domestic Relations Order

Taxes & Divorce: Requirements for Head of Household Filing Status

Taxes & Divorce: Whether to File a Joint Return, Separate Returns, or No Return

TAX RETURN PLANNING DURING THE SEPARATION PERIOD

Georgia Family Law Blog: Taxes

December 07, 2007

Unhappy holidays: Start of divorce season

Dreamstime_43430 Maybe it's not the most wonderful time of the year.

"The day after Thanksgiving, the first prayer I say is, 'I wish it were January 2nd,'" sighs John Mayoue.

The new Grinch? Nah. Just a lawyer (no, they're not the same thing) who's famously discreet about his famous clientele. So don't expect juicy tidbits about the high-stakes unhitchings of Jane Fonda, David Justice or Marianne Gingrich (ex-Mrs. Newt No. 2) to surface in the Atlanta attorney's new book.

Instead, "Protecting Your Assets From A Georgia Divorce" (PSG Books, $19.95) is aimed squarely at the local Everyman and woman. From choosing the right lawyer to understanding how a "fair" settlement isn't necessarily an "equal" one, the book is a comprehensive, somewhat cautionary primer for Georgians considering or already in the process of divorcing.

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Unfortunately, its arrival may be a case of perfect timing. An eyepopping number of marriages find the proverbial lump of coal in their stockings in December, says Mayoue, who evinces little cheer in making that statement. During a conversation in his Vinings office recently, Mayoue — who is donating all author royalties to Camp Sunshine, an Atlanta-based facility for children with cancer and their families — discussed divorce at the holidays and beyond in Georgia.

UPDATE: Some interesting facts from John's book:

· There are more than 30,000 divorces in Georgia annually

· An average divorce costs $36,000

· 80 percent of divorce cases involve debt division

· One out of every three divorces result in a family living below the poverty line

SOURCE FOR FACTS: Atlanta Daybook

SOURCE FOR POST:
The Atlanta Journal-Constitution
Published on: 12/06/07

An interview with the author appears below:

Continue reading "Unhappy holidays: Start of divorce season" »

December 01, 2007

Georgia Divorce Laws

Dreamstime_3422210 Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].

Legal Grounds for Divorce in Georgia


1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].

Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].

Simplified/Special Divorce Procedures in Georgia

There are no legal provisions in Georgia for simplified divorce.

Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.

Divorce Property Distribution

Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].

Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.

[Code of Georgia Annotated; 19-5-5+].

Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].

Child Custody After Divorce

Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:

1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse

There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].

Child Support After Divorce

Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:

1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses

[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]

SOURCE: Divorce Laws in America

November 21, 2007

Five Christmas Survival Tips For The Divorced & Single Parent

The following article, written by Drew Harris, appears at Coping With Divorce:

Dreamstime_3366334 For the over 50% of marriages that end in divorce, Christmas can be a hugely trying time.

Since the season is one of the most stressful times of the year anyway, this onslaught of raw emotion to the divorcee can be overwhelming. This is reflected in the Christmas surge of suicide rates.

The feelings are that much more intense if there are kids involved.

I know for myself, nothing could have prepared for me for the crushing sadness I felt during my first post-divorce Christmas.

As a father of two young girls, it was like I was emotionally disconnected from everyone. The joy of the season was something I just switched on, for brief periods, when my little girls were at my house leading up the holidays. When they would leave until their next visit, the joyful glow of the Christmas lights and Christmas tree seemed to turn cruel and I would turn it all off.

It seemed I had an inverse reaction to the level of season joy around me: the higher it was, the worse I felt.

Going to the shopping malls, alone, just intensified the feelings of disconnect, as I watched parades of children that weren't mine, going through the usual excited frenzy.

I remember sitting on my couch, alone in the dark, watching movies on Christmas Eve, counting down the hours until the girls arrived on Christmas Day at Noon.

Continue reading "Five Christmas Survival Tips For The Divorced & Single Parent" »

November 09, 2007

No Prenup? Take These Steps

Dreamstime_2612010 Turn up the lights, turn down the music and forget about romance.

It's time to face the business side of marriage.

Cold as that may sound, the Census Bureau recently released data that should make even the most blissfully married couples forget pheromones and focus on finances.

According to the Bureau, the length of first marriages has been getting steadily shorter since it started collecting such data in 1955. Of couples married back then, about 70% made it to their 25-year anniversary. Now, fewer than half of couples who were to celebrate their silver anniversary sometime after 2000 actually ended up doing so. The majority of marriages ended, due to divorce, separation or death.

"Even the most optimistic people have to ask themselves, 'What financial shape would I be in if my marriage ended?'" says Marilyn Capelli, a financial adviser in Bloomfield Hills, Mich.

The most effective way for couples to button down their finances is through a prenuptial or postnuptial agreement. But many people are reluctant to even raise the possibility of drafting one because it seems so, well, out of sync with that bit about "till death do us part."

Short of one of those contracts, there are some moves that may help you land on solid financial ground, no matter what happens.

Continue reading "No Prenup? Take These Steps" »

November 08, 2007

Nine Ways to Minimize the Pain of Divorce

The following tips can help make your divorce case easier, less stressful, and less expensive:

  1. Locate, organize and copy all financial records. Make one copy for yourself and a second for your attorney. Save the originals.
  2. Close all joint bank and brokerage accounts. If that’s not possible, freeze access to the accounts.
  3. Close all joint credit accounts. Open new accounts in your own name.
  4. Maintain a written record of all expenses run up during the separation. This also includes joint expenses such as bills paid and home improvements or auto maintenance.
  5. Establish your net worth. Keep a record of all income during the separation. Save pay stubs, bank and brokerage statements.
  6. The forced sale of stock or other investments is likely to have tax implications. Consult your financial planner as needed.
  7. Before the settlement conference, make a list of what you seek right down to household goods.
  8. If there’s something you know your soon-to-be ex wants in the property settlement, don’t give it away in a hopeless effort to establish goodwill. Use it as a bargaining chip and trade it for something you want.
  9. Settle out of court. This will cut legal costs and ease your jangled nerves.

Source:  "Making Divorce As Painless As Possible" by Scott Reeves, published at Minyanville.  Thanks also to Jeffrey Lalloway of the California Divorce and Family Law blog for his post on this subject.

SOURCES FOR POST: South Carolina Family Law Blog and Divorce Help Network

October 25, 2007

Making Divorce As Painless As Possible

Dreamstime_2600852 If you believe that a bad marriage will somehow make a good divorce, you’re dreaming.

Worse, you’re unprepared for what’s ahead: The most wretched period of your life.

“It’s easy to hide assets, especially if the divorce turns nasty, so be prepared,” says Christina Rowe, author of Seven Secrets to a Successful Divorce. “Know your financial situation. It’s easy to let one spouse or the other handle the finances during the marriage, but if you’re getting a divorce, you’re headed for serious trouble if you don’t know what your assets are.”

It’s easy to torture your ex in court – all it takes is a dash of imagination, an unhealthy dose of viciousness and buckets of bucks. Remember: [Many attorneys have] a vested interest in litigating all things petty and stupid and will be more than happy to help you make a fool of yourself while running up the bill.

Divorce isn’t, or shouldn’t be about reprisal that quickly morphs into a form of insanity. Set your emotions aside because divorce is a simple division of assets. The law and the numbers are straightforward. The issues become complicated only when emotion overwhelms reason.

Continue reading "Making Divorce As Painless As Possible" »

October 21, 2007

Uncontested and Contested Divorces

At the heart of every divorce are three issues:

· How to divide the community [in Georgia, marital] property
· Who will have custody of the children
· How much child and spousal support [alimony] should be paid

While no divorce is truly "uncontested" in the sense that there are no disagreements, these disagreements do not always have to be resolved in court. An uncontested divorce is one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.

It is recommend that every couple seeking a divorce first use all means possible to work out mutual terms for the separation, without going to court. If the spouses cannot work things out on their own, arbitration and mediation, with or without attorney representation, is recommended. Not only will this save time and money, but by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly.

Contested divorces, on the other hand, often involve complex issues, high financial stakes and technical legal procedures in court. While an uncontested divorce can often be performed without an attorney, it is best to retain experienced counsel in a contested divorce due to the litigation involved. Furthermore, if one spouse is represented by an attorney or if there are difficult or major financial issues involved in the divorce, it is recommended that you seek an attorney.

SOURCE: Divorce Lawyers Blog

October 19, 2007

Family Law Workshops in Cobb County, Georgia

Some individuals do not have the desire or ability to hire a lawyer to represent them in a traditional fashion, but they may need legal help with a particular issue or portion of their case. 
The Cobb County Bar Association’s Family Law and Younger Lawyers Sections have worked together to provide a number of attorneys who will offer specific, limited legal services at set rates.  Information on this type of legal assistance will be provided to workshop participants. 

This workshop will assist you with the following case types:
* Divorce            * Paternity/Legitimation            
*Contempt         * Modification

Navigating through the legal system can be extremely difficult.  Each case is individualized by its own set of facts; however, there are some basic rules that all cases must follow which this workshop will address. 
No workshop can teach you everything you need to know about representing yourself in any legal action, but this workshop is designed to answer some of the basic questions you may have:
    What information do I need in order to file?   
    Are there mandatory forms that I need?
    How do I schedule my case for a hearing ?       
    What are the operating  procedures of the Court?

Forms for these case types will be available for purchase at the seminar. 
The cost for the forms are $15.00 per packet. Cash Only—Exact Change Required

For further information, please call the ADR office at (770) 528-1812.

2007 Schedule
Date
Time
Thursday, November 8th, 2007 6:30 p.m. – 7:30 p.m.



The location for all classes will be:

Cobb County Superior Court Building
(Building "D" 6th floor Jury Assembly Room)
30 Waddell Street
Marietta, GA 30090-9642
Driving Directions | Marietta Square Map

Parking is provided in the jury parking lot on the north end of Waddell St.

SOURCE: Clerk of Superior Court of Cobb County

Introduction to Child Custody and Visitation in Georgia

Dreamstime_495162_2 The question of "Who gets custody of the kids?" is one of the most difficult and often the most emotionally draining both for parents and their children, when spouses divorce. Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent. Custody and visitation are never considered to be final. In Georgia, the law does not favor either the mother or father. Rather, they look to the relationship of each parent with the child. While grandparents and others may seek custody, there is a presumption in favor of the natural parents. This section is designed to give you a general knowledge of the issues involved in determining the parties custody and visitation rights.

Continue reading "Introduction to Child Custody and Visitation in Georgia" »

Georgia Divorce Laws

Dreamstime_1802284 The increase in divorce has its effect, directly or indirectly, on virtually every family in the country. The following information is designed to summarize briefly Georgia's divorce laws.

Marriage is a civil contract which the state has an interest in preserving. Accordingly, the marriage relationship can be dissolved only as provided by law, by either a divorce or an annulment. It also may be altered by a decree of separation granted by our courts. In any case, there must be a proceeding in the Superior Court of the county in which the person seeking the divorce, separation decree or annulment must prove "grounds" (valid reasons prescribed by law).

What are the grounds for divorce in Georgia?

In Georgia there are 13 grounds for divorce. One ground is "irretrievably broken" (sometimes referred to as the "no-fault" ground). The other 12 grounds for divorce in Georgia are "fault" grounds.

What is a "no-fault" divorce?

To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.

What are the "fault" grounds?

To obtain a divorce on one of the 12 "fault" grounds, one must prove that there was some wrongdoing by one of the parties to the marriage.

As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.

Another "fault" ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least a year. Other "fault" grounds include mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness.

Is there a residence requirement for getting a divorce in Georgia?

Yes, one spouse must have lived in the state of Georgia for six months or Georgia must have been the last domicile of the marriage.

Must the husband and wife live apart when a divorce complaint is filed?

No, but the spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house, if they are not sharing the same room and/or not having a sexual relationship.

How does one file for a divorce?

The person seeking the divorce (the plaintiff) will file a document called a "complaint" with the appropriate Superior Court. This complaint includes information on the marriage including present living arrangements, children of the marriage, assets, debts, and the specific reason claimed for seeking a divorce. A copy of the complaint will be served on the other spouse (the defendant) by the sheriff.

Where does one file for a divorce?

A complaint for divorce should be filed in the Superior Court of the defendant's county of residence or, if the defendant has recently moved from the state of Georgia, in the county of the plaintiff's residence. This would be considered the domicile of the marriage. Upon the defendant's consent, the complaint may be filed in the plaintiff's county of residence regardless of whether the defendant has moved from the state of Georgia or not.

What should I do if I receive a complaint for divorce that my spouse has filed?

The spouse who receives the complaint should promptly consult a lawyer. The spouse may contest the reason claimed for the divorce or contest the claims for child custody, child support, alimony or property division by filing an answer with the court. If an answer is not filed within 30 days, the right to contest the complaint may be lost.

Is there a way to live apart without getting a divorce?

A party who wishes to live apart permanently, but who does not want to get a divorce, may file a "separate maintenance" action. The spouses will remain legally married although living apart. The court may order that alimony be paid by one spouse to the other and the court may divide property between the parties.

What is an annulment?

Unlike a divorce, which dissolves a valid marriage, an annulment is a legal decree that the marriage is now void and was invalid from its inception. If there are children born of the marriage, an annulment may not be granted and the marriage may only be dissolved by divorce.

Must I go to court to get a divorce?

Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property and custody and visitation of children. The agreement is presented to the court as a settlement agreement and, upon approval, made an order of the court. The court's order, called a final judgment and decree, concludes the lawsuit. If the parties cannot reach an agreement, a judge or jury will resolve the issues. However, a judge always decides matters of child custody and visitation.

How long does it take to get a divorce?

If there is agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the defendant has been served with the complaint for divorce. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take many months.

What happens while I wait to go to court?

Either of the spouses may request a temporary hearing. This hearing is not a final trial. A temporary hearing resolves the issues of child custody, visitation, child support, alimony, debts and possession of property on a temporary basis until the final trial. The judge will issue a temporary order that applies only until the time of the final trial. The temporary order may also prohibit one party from interfering with the other party or the children and prevent the transfer and selling of assets.

What is decided at final trial?

Questions of child custody and visitation are decided by the judge. The judge alone or a 12-person jury (if one of the parties has requested) will resolve all of the financial issues of the marriage, such as division of property, division of debts, alimony and certain findings concerning child support (gross income of both parties and whether any deviations from teh presumptive amount of child support are in the best interests of the child, and if so, what those deviations should be). At the final trial, both spouses present evidence by their own testimony and may call other witnesses. The decision rendered by a judge or jury is written into a court order that is binding upon both parties. The wife's maiden or former name can be re-established if she so desires.

What about the children?

The welfare of children is of major concern to the court. Neither parent is automatically entitled to custody. The judge looks at the best interests of the child when determining  custody. The judge considers many factors when deciding custody, including the age and sex of the child, compatibility with each parent and the ability of each parent to care for and nurture the child. A child more than 14 years of age can choose which parent will have custody upon the consent of the court. The court considers it important for a child to maintain relationships with both parents; therefore, visitation rights are awarded to the parent who is not given legal custody of the child.

May the parents share custody?

The court, in its discretion, can award joint custody instead of sole custody. There are two types of joint custody. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child; joint physical custody means that physical custody is shared by the parents in such a way to assure the child substantially equal time and contact with both parents. In awarding joint custody, the court may order joint legal custody, joint physical custody or both.

What are child support obligations?

The child support law in Georgia changed effective Jan. 1, 2007. The new law is based on an "income shares" model that requires consideration of both parties' gross income. "Gross income" has a very broad definition and encompasses salary, commissions, income from self-employment, bonuses, overtime payments, severance pay, recurring income from pensions, interest and divident income, trust income, capital gains, gifts, prizes, lottery winnings and income from any other source. Once the monthly gross income of each party is determined, the two incomes are added together to get the combined ajusted income amount. A Child Support Obligation Table is then used to get the Basic Child Support Obligation. To use the table, locate the line corresponding with the combined adjusted income amount and then apply the amount in the column that corresponds with the number of children for whom support is being determined. That Basic Child Support Obligation is then applied to each parent's proportionate share of the combined adjusted income.

(For example, if the father's monthly gross income is $3,000 and the mother's montly gross income is $2,000, their combined adjusted income is $5,000, of which the mother's income represents 40 percent and the father's income represents 60 percent. The child support obligation for a family with combined adjusted income of $5,000 per month for two children is $1,297. Thus, if the father is the noncustodial parent, he will pay 60 percent of the child support obligation, $778.20, or if the mother is the noncustodial parent, she will pay $518.80, which is 40 percent of the child support obligation.)

The cost of medical insurance on the child and the cost of work-related childcare will result in the amount of the child support payment being modified with credit being given to the parent who is actually paying these expenses. In addition, the amount of child support may be modified by certain deviations provided it is in the best interest of the child to deviate from the presumptive amount of child support. Examples of deviations may be extraordinary education expenses like private school tuition or tutoring; extraordinary medical expenses; or special expenses which must exceed 7 percent of the basic child support obligation, such as extracurricular expenses, sumer camps, dental insurance, parenting time adjustment or any other appropriate deviation. You can access the guided electronic worksheet used in calculating child support at www.georgiacourts.org/csc. You may also download an Excel version of the worksheet through this same website.

In addition to the child support payment, the court (or parties by agreement) will also designate what percentage each parent will pay of the child's uncovered medical and dental expenses.

In Georgia, both parents have a duty to financially support the child until that child turns 18, marries, dies or becomes emancipated, whichever occurs first. However, if the child has not graduated from high school prior to reaching age 18, then the obligation to support that child continues until the child graduates from high school provided the child remains a full-time student, but not beyond the age of 20.

May I receive money for the children's college?

The court cannot order parents to pay for college. However, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.

What is alimony?

Alimony is payment by one spouse to the other for support and maintenance. The court may grant alimony to either the husband or the wife. Alimony may be for a limited period or until the spouse receiving alimony dies or remarries. It may be paid in one payment of money or property, or it may be paid over a period of time.

What happens to "our" possessions in a divorce?

One of the most difficult and complex areas of divorce is the division of marital property. Marital property is all property acquired during the marriage, except for property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.

How will the court order be enforced?

The court order can be enforced by garnishment or a contempt action. A contempt action is filed in the same court that issued the divorce. In addition, support orders can be enforced through the district attorney's office if the non-paying spouse resides out of town.

If my spouse and I agree on all matters pertaining to getting a divorce, do we still need a lawyer?

A lawyer will ensure that all matters that should be resolved in a divorce are resolved. Acting without a lawyer could end up being a costly mistake both to the parties and to their children.

What do I do if I am the victim of family violence?

Georgia has a law protecting victims of family violence. The parties do not have to be married in order for a victim to ask the court for relief. However, the parties have to reside in the same household. A victim of family violence can file a petition with the Superior Court that family violence has occurred in the past and may occur in the future. The court can issue a temporary order granting a variety of remedies, including eviction of the offending party from the residence or providing suitable alternate housing for the victim and children, as well as financial relief.

The victim does not need a lawyer to file a Family Violence Petition. The clerk of the Superior Court in the victim's residing county may provide forms for the Petition or be able to direct a victim to a family violence shelter or social service agency for direction.

SOURCE: State Bar of Georgia

October 18, 2007

Divorce in Georgia

Residency Requirements and Grounds for Divorce

You must be a resident of Georgia for six months and a county resident to file for divorce. If you live out of state, you may file for a divorce against a spouse who has lived in Georgia for six months in the county where the spouse resides.

Either spouse can get a divorce simply by stating in divorce papers that the marriage is "irretrievably broken," without any need for showing any wrongdoing or fault.

If the spouses are not in agreement that a divorce should occur, the spouse wanting the divorce must prove one of the following grounds for divorce:

  • Mental incapacity or impotency at the time of the marriage
  • Adultery
  • Desertion for one year
  • Conviction of either spouse of a offense involving moral turpitude
  • Habitual intoxication or drug addiction
  • Cruel treatment that endangers the life or safety of the spouse
  • Incurable mental illness
  • Force, menace, duress or fraud in obtaining the marriage
  • The wife was pregnant by a man other than the husband at the time of the marriage, and the husband didn't know
  • Incest

The legal divorce process begins when one of the spouses files a "Petition for Divorce" with the Superior Court. The other spouse is then served with the paperwork and given time to respond. The court will not grant a divorce based upon the irretrievable breakdown of the marriage until at least 30 days after the other spouse is served. If the parties are in agreement about property and debt division, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.

After the Petition for Divorce has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

Dividing the Property

In Georgia, assets and debts acquired during your marriage are called "marital property" and will be divided "equitably" when you divorce. "Equitable" does not necessarily mean "equal," but what is fair to both spouses.

Not all property is considered "marital property":

  • For example, property you inherit during the marriage generally is considered your own "separate property" and is not subject to equitable division
  • Gifts given to you, except gifts you and your spouse give to each other, generally are not considered marital property

Judges have complete discretion in equitably dividing marital property and may consider any number of factors, including the conduct of the parties during the marriage. Other factors include:

  • Each party's separate assets and financial status
  • Each party's income and earning capacity
  • Each party's debts and future needs

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth.

Continue reading "Divorce in Georgia" »

October 16, 2007

How Can I Speed up my Divorce?

Dick Price, who blogs at Divorce and Family Law in Tarrant County, Texas, has written a series of answers to questions frequently asked by his clients. This one caught my attention this week.

This is another frequent question, asked by about half of my clients, sometimes at the beginning of a case and sometimes after it has gone on for a while. Actually, most clients eventually get to this question if their divorce lingers long enough. There are a few things that can be done, but they ultimately depend on the goodwill or motivation of your spouse. You can always just wait for a trial, but it usually takes a long time to get into court (often a year or more in Tarrant County). The situation is similar in other (non-divorce) family law matters.

Here's my list of 9 suggestions. You may be uncomfortable and may not enjoy some of them, but they are provided to help you speed up the process, not to make things more pleasant for you; if speed is not your highest priority, you may not want to do some of these. Please remember, they may not apply in every case -- they are possibilities to consider.

Continue reading "How Can I Speed up my Divorce? " »

Divorce Manual: GLOSSARY

Affidavit

Written testimony under oath - usually sworn to in front of a notary.

Alimony

Payments made to support a current or former spouse. Also called maintenance or spousal support.

Alternative Dispute Resolution

Ways for parties to a divorce case to resolve their disagreements without a trial; usually defined to include negotiation, mediation and arbitration.

Annulment

An order which nullifies a marriage, or declares that no marriage ever existed. Also called declaration of invalidity or declaration of nullity.

Answer

A document used to respond to the complaint or petition. Answers usually admit or deny specific allegations or claims in the document being answered. Also called a response.

Appeal

A procedure to ask a higher court to review the ruling of a lower court.

Appearance

Coming into court as a party to a case or voluntarily submitting to the power of a court. Usually this is not a physical act, but a lawyer filing a document.

Arbitration

Submitting a disputed matter for decision to a person who is not a judge. The decision of an arbitrator is usually binding and final.

Attorney (at Law)

An advocate or counsel employed to prepare, manage and try cases in court. Must be licensed by the state. Lawyer and attorney are usually synonymous.

Continue reading "Divorce Manual: GLOSSARY" »

Divorce Manual: ESTATE PLANNING CONSIDERATIONS

A. At the beginning of the case

You may have an estate plan or will that gives your entire estate and life insurance to your spouse if you die. This plan does not necessarily change because someone files for divorce. Talk to your lawyer about what changes, if any, you need to make and are able to make in your estate plan while the divorce is pending.

Not only should you review your will, you should review the beneficiary designations for your life insurance and retirement plans, including IRAs, and discuss with your lawyer what changes, if any, to make. If you are holding property with your spouse in a form that would give it all to your spouse on your death, you may want to change the form of title.

There may be restraining orders that temporarily limit your right to change title to property or beneficiaries of insurance and death benefits.

B. After the divorce

In some states a divorce will automatically change your estate plan. In other states it won't. So when the case is over, update your estate plan to be consistent with the judgment and with what you want to happen to your estate.

SOURCE: American Academy of Matrimonial Attorneys, Divorce Manual; A Client Handbook

Divorce Manual: ATTORNEY'S FEES AND COSTS

A. Introduction

It is important to both you and your lawyer that you talk about fees and costs at your initial conference. Unless fees and costs are discussed, either of you might make incorrect assumptions about what the other expects. False assumptions can lead to misunderstandings which can harm the lawyer-client relationship.

If you are concerned about the cost of your divorce, discuss with your lawyer how much you can afford to pay, how extensive the lawyer's work needs to be, and any limits you think should be placed on fees.

If you feel you can't afford the fees of the lawyer you consult, say so and ask for the names of other lawyers or agencies that can handle your case. You should make an agreement to pay fees only if you know you will be able to honor it.

B. Different Fee Arrangements

Fees charged by lawyers vary from state to state and community to community. Some arrangements are the: retainer, hourly fee, contingency fee, engagement fee, bonus (or results accomplished) fee, and flat fee. These terms are described in the Glossary.

Fees are based on many factors including the complexity of the case, the skill needed to perform the service properly, whether agreeing to represent you requires your lawyer to turn away other clients, the amount involved, the results obtained, the experience, reputation, and ability of your lawyer, the time limitations you impose, and the circumstances under which the services will be performed.

Continue reading "Divorce Manual: ATTORNEY'S FEES AND COSTS" »

Divorce Manual: DOMESTIC VIOLENCE

A. Definitions

Domestic violence includes beatings, threats, stalking, other forms of intimidation, harassment, neglect, and physical, emotional, and sexual abuse. Domestic violence may include any act by one family member that causes physical or emotional harm to another family member.

B. The Harmful Effects of Domestic Violence

In addition to the obvious immediate trauma caused by violence, domestic violence has long-term, far-reaching harmful effects on all members of the family. The lifetime harm to children is well-known.

Even when you decide to get help, being involved in domestic violence can make it harder for you to relate to your lawyer or others who might be able to help you. Domestic violence has long been considered a private matter, not to be discussed outside the family. Reluctance to talk about these problems is a direct result of the feelings of guilt and fear experienced by members of families marked by violence. It is ironic that even the victims of domestic violence, who have done nothing wrong, feel guilty about it.

In some states, domestic violence may be a ground of fault in the divorce proceeding. In others it affects only child custody and visitation.

The two most important points to remember about domestic violence are:

If you are committing it, stop!

If you are a victim of it, get help!

Continue reading "Divorce Manual: DOMESTIC VIOLENCE" »

Divorce Manual: CONFIDENTIALITY

One of a lawyer's most fundamental ethical obligations is to maintain the confidentiality of client communications. With few exceptions, some of which are noted below, your lawyer cannot voluntarily reveal anything learned while representing you. These rules exist so you can tell your lawyer the whole truth without fear that what you say will later be used against you.

Direct communications between you and your lawyer are protected by the attorney-client privilege. This means that not even a court can make you or your lawyer tell what you have said or written to each other. Information that your lawyer obtains from documents or people other than you cannot be voluntarily revealed, but may in some cases be disclosed if ordered by a court.

But be aware that the attorney-client privilege can be lost if someone other than you and your lawyer (or your lawyer's staff) hears or reads what you and your lawyer say or write to each other. There are many ways in which your privilege can be waived by disclosure of your confidences to persons other than your lawyer: for example, talking to your lawyer in the presence of a third person not on your lawyer's staff; telling others what you have discussed with your lawyer; and allowing others to read correspondence between you and your lawyer. If you bring a friend or relative with you to your lawyer's office for moral support, your lawyer may ask your friend or relative to wait in the reception room in order to preserve the privilege. Because the rules regarding confidentiality and privilege vary slightly from state to state, you should never discuss confidential information about your case with anyone other than your lawyer without first checking with your lawyer.

There are also several exceptions to your lawyer's duty not to reveal client confidences. A conversation in which a client tells a lawyer that the client intends to commit a crime or, in some states, a fraud, is not privileged and the lawyer could be forced to testify in court about the conversation. The privilege may also be lost if you or one of your witnesses commits perjury and in other circumstances which you should discuss with your lawyer. Also, if a lawyer is accused of wrongdoing by the client, the lawyer may reveal confidential information necessary to defend against the accusation.

Confidential information provided to others may also be revealed during divorce proceedings. Psychologists, therapists, public officials and others may be required by law in your state to report suspected child abuse. Judges may report suspected tax fraud to the Internal Revenue Service. Financial, medical, and psychological records may be subject to subpoena. In summary, your right to privacy may be diminished during a divorce.

SOURCE: American Academy of Matrimonial Attorneys, Divorce Manual; A Client Handbook

Divorce Manual: YOUR RELATIONSHIP TO THIRD PARTIES

A. The Court

The judge, often referred to as "the Court", is the decision-maker. Show respect for the office of the judge even if you disagree with the particular judge. Be prepared for the possibility that the judge may not share your view or your lawyer's opinion of what constitutes justice in your case. Some judges are wiser than others, and, being human, they all have good days and bad days.

Never contact a judge about your case. Judges are not allowed to communicate with either party without both parties being present or notified. Any attempt to influence the judge in this way will backfire.

Courtesy to the court staff is also essential.

B. Experts

1. Your side

Early in the preparation of your case, you and your lawyer should have a conversation about what experts may be needed, which ones are available and the merits of the different choices. Once you and your lawyer agree to hire an expert, you should give that person your full cooperation. Unless there is a different arrangement, you are financially responsible for the fees and expenses of your expert witnesses.

If you are sent experts' reports for your review and comment, discuss them with your lawyer, not with the expert. Conversations you have with your lawyer are privileged and may not be disclosed to third persons. (See Chapter X, Confidentiality.) However all conversations you have with the expert witness and any communications in writing by you to the expert witness may be obtained through discovery by the other side and used in court. You do not have the right to dictate to the expert what the expert's opinion will be.

Continue reading "Divorce Manual: YOUR RELATIONSHIP TO THIRD PARTIES" »

Divorce Manual: THE RELATIONSHIP BETWEEN OPPOSING COUNSEL

A. Introduction

People watching the interaction between the lawyers in their divorce sometimes have a hard time making sense out of what they see. One client said at the end of the divorce, "I could never understand how they could be at each other's throats one minute and cracking jokes the next." In spite of appearances, it is usually to your benefit if the two lawyers get along with each other.

B. You Benefit From Cooperation Between The Lawyers.

Stipulations can be reached which simplify the case, move it toward settlement and save you money. Lawyers often meet without their clients to try to isolate areas of agreement and disagreement and to cooperate in exchanging information. Your lawyer will discuss any such agreements with you.

All this can be done without compromising your position. If negotiations don't result in a settlement, your lawyer can and will vigorously represent you in trial. The time spent exchanging information and negotiating will make you and your lawyer better prepared for trial.

Lawyers routinely extend simple courtesies to each other such as agreeing to extend deadlines and postpone hearings. You may feel like every advantage should be pressed in your favor, and that if the other side is under time pressure, your lawyer should take advantage of it. But in the long run, it doesn't help you for your lawyer to be uncooperative. In most cases, an extension is available by court order anyway. Refusing to agree just costs you and your spouse more legal fees. And the shoe will be on the other foot some day. When you need more time, the other side will remember your discourtesy and refuse. Then you will have to go to court for relief and both your legal fees will again increase. Still, you are not powerless in these matters. If you truly believe that a delay will work to your detriment, tell your lawyer so that you can discuss what to do.

Finally, it is important for lawyers to treat each other in a way that makes it possible to work together in all cases. The good reputation your lawyer has developed for cooperation and reasonableness in previous cases will benefit you in your case.

Continue reading "Divorce Manual: THE RELATIONSHIP BETWEEN OPPOSING COUNSEL" »

Divorce Manual: COMMUNICATION BETWEEN LAWYER AND CLIENT

A. The Importance Of Communication

The lawyer-client relationship works best when the two of you are able to communicate -- not only about the facts of your case, but about your working relationship.

Information should flow both ways between you and your lawyer. Just as your lawyer should satisfy your need for information, you should provide your lawyer with all information that your lawyer requests. Advice based on incorrect or incomplete facts may be worse than no advice at all.

If you do not understand the advice you are given, or find it hard to accept, tell your lawyer. If, for example, you do not understand why your lawyer is recommending that you accept or reject a particular settlement proposal, you should ask why the recommendation is being made. Only by giving your lawyer the opportunity to explain things will you know whether there is a real problem to be addressed.

B. Financial Information

Your lawyer will ask you for financial information, and perhaps ask you to fill out a questionnaire. Financial information includes income, expenses, assets, and liabilities. Your lawyer may also want to see papers such as income tax returns, paycheck stubs, statements of savings and investments, employee benefit statements, and papers regarding your debts. Your cooperation in getting this information to your lawyer, although time consuming, is essential to the proper preparation of your case.

Continue reading "Divorce Manual: COMMUNICATION BETWEEN LAWYER AND CLIENT" »

Divorce Manual: SELECTING A DIVORCE LAWYER

A. Introduction

Selecting a lawyer to represent you in your divorce is more than just picking a name; it means establishing a close and sensitive relationship that will continue for months and perhaps years. It is important to find and hire the person who is right for you and your case.

B. Getting Names of Lawyers

1. From other professionals

Lawyers, accountants, psychotherapists, members of the clergy and other professionals meet and work with divorce lawyers in the course of their work and are often a good source of referrals. Ask them for the names of family law specialists with good credentials and reputations and whose qualifications are most appropriate to your case. Lawyers, in particular, are aware of the reputations of other lawyers, even those outside their specialty, so a lawyer you already know and trust can be an exceptionally good referral source. If you need a divorce lawyer outside your geographical area, divorce lawyers in your area often know who the best people are in other regions.

2. From organizations

Your state bar may have a process for certifying family law specialists and may give you names. While certification is no absolute assurance of quality, it usually requires a certain proven level of experience, study, and interest in the field. Certified specialists have usually passed an examination in this area of the law. The American Academy of Matrimonial Lawyers is an organization with a rigorous screening procedure which admits only qualified specialists.

The American Bar Association and most local bar associations have family law sections. Although any lawyer can join these sections with no screening or testing, lawyers who belong may have a higher level of interest and involvement in the field of family law than those who don't.

Continue reading "Divorce Manual: SELECTING A DIVORCE LAWYER" »

Divorce Manual: CHILDREN

A. Introduction

Ordinarily parents make decisions about their children together. But when parents divorce, the hostility between them sometimes causes them to disagree on what is best for the children. In addition, divorce presents a whole new set of child-rearing challenges. Even the best parents may find it useful to consult a child development expert for help in meeting these challenges.

Issues related to children can present challenges for your lawyer as well. While your lawyer's loyalty is to you, your lawyer also has an obligation as an officer of the court to keep the best interest of the children in mind, even if that interest is inconsistent with yours.

B. Legal and Physical Custody

Some states make a distinction between physical custody and legal custody. The terminology varies from state to state.

Physical custody is the responsibility of having the children live with you. The parent with whom the children are at the time has the responsibility for making day-to-day decisions about them. Day to day decisions include what the children eat and wear, who they play with and when they go to bed. Legal custody is the right to make important long-term decisions affecting your children's welfare. Long-term decisions made by the parent with legal custody may include the children's education, religion, and non-emergency medical care.

Many variations are possible. There can be joint legal custody and sole physical custody, and vice versa. Usually the parent without physical custody has visitation rights, also called access or secondary physical custody. The terminology is less important than how the arrangement works in practice.

C. Joint Custody

There is no one standard joint custody arrangement. Some parents alternate weeks with the children, others alternate months. Still others divide the children's time unequally, but in a manner that meets the needs of each particular family. Parents who work out these arrangements themselves are usually more creative than courts are when the parents can't agree. Legal custody, in which the parents share the right to make certain decisions for the children, can also be joint or divided in appropriate cases. Joint custody is not necessarily appropriate in every case.

Continue reading "Divorce Manual: CHILDREN" »

Divorce Manual: COUNSELING

A. Purposes of Counseling

Here are some ways that counseling can benefit you and members of your family:

1. Helping you help your children through the breakup of their family How you act and what you say during the divorce affects your children. Your conduct makes a big difference in how your children feel and how they relate to you and your spouse. A mental health professional can give you guidance to help minimize the damage and speed the healing process.

2. Helping you and your spouse work together for your children’s welfare

Cooperating during the divorce can set the tone for how you and your spouse will work together in the future for your children’s welfare. Even after you are divorced, you both are still parents of your children. The children’s best interests are served if each of you is courteous to the other and maintains an active role in the lives of the children and in the decision-making that affects them. If you and your spouse are not yet able to put aside your differences and put the children first, counseling can help.

3. Helping you deal with the stress of divorce

Some people cope better with stress than others. Talking with a counselor about how to deal with stress is often helpful.

4. Helping you work with your lawyer 

Counseling may help you see emotional issues for what they are so that you can make better judgments as to legal and financial matters. Lawyers are not trained to do psychological counseling, just as mental health professionals are not trained to give legal advice.

5. Helping you to understand the marital breakup 

Counseling can help you and your spouse understand the reasons and causes of the marital breakup. You need to understand what went wrong with this marriage to help you to make a wiser decision in selecting your next spouse. Although you may think that you will never marry again, most divorced people do remarry. A better understanding of your role in the breakup of this marriage will maximize your chances of success next time.

6. Helping you rebuild your life 

If you understand and appreciate the problems of your marriage, you will be better equipped to recover from your anger and frustration, and to rebuild and get on with your life.

7. Reconciliation 

If there is a chance of saving your marriage, explore it.

Continue reading "Divorce Manual: COUNSELING" »

Divorce Manual: RECONCILIATION

Sometimes divorce seems the only solution to problems in a marriage; often it is not. Sometimes it takes the start of a divorce to motivate people to make an effort to save a once cherished relationship. Don't be embarrassed to tell your lawyer if you're interested in reconciliation. Every experienced matrimonial lawyer knows how important it is to exhaust all possibilities of saving a marriage before finally deciding to end it. 

If you are considering trying to reconcile, talk to your lawyer about the effect that your efforts will have on your divorce if reconciliation fails. 

While trying to save your marriage, counseling can be very helpful. Your lawyer is not trained as a therapist, but can recommend a counselor if you need one. See Chapter III (Counseling).

SOURCE: American Academy of Matrimonial Attorneys, Divorce Manual: A Client Handbook

Divorce Manual: THE DIVORCE PROCESS

A. Introduction

The goal of the legal process of divorce is to end the marriage and decide such issues as child custody, visitation, child support, alimony (sometimes called spousal support or maintenance), property and debt division and attorney's fees and costs.

A divorce judgment can be based on an agreement between the parties or result from a trial. An agreement is usually less traumatic for you and your children, and less expensive than a trial. Ultimately, most cases are resolved without a trial.

Divorce is called dissolution of marriage in some states.

B. Divorce Proceedings

The divorce process varies from state to state. What procedures are available and how long the process lasts is unique to each state’s court system. Your lawyer can explain how the process works in your state. The following general description applies in most states.

1. The Petition

A divorce begins with the Petition, called a Complaint in some states. This document notifies the court and your spouse, when served, that you want the court to end your marriage. It also lists what you are asking for, such as child custody, child visitation, child support, spousal support, property division, attorney's fees and costs.

2. The Response

After a Petition is served, the other spouse is entitled to file opposing papers. In most states, if you are served with a Petition or a Complaint, you must file your opposing papers within a certain time or you will lose your right to present your side of the case to the court, and the court might give your spouse everything asked for in the Petition.

Continue reading "Divorce Manual: THE DIVORCE PROCESS" »

AAML Divorce Manual

The American Academy of Matrimonial Attorneys publishes on its site a number of extremely helpful resources, including the Divorce Manual; A Client Handbook. Over the next few days, I will be posting a series of articles containing information from the Divorce Manual; A Client Handbook.

The American Academy of Matrimonial Lawyers has produced this handbook to explain what people throughout the United States face when considering or going through a divorce. This handbook is the product of the combined experience and collective efforts of Academy Fellows from around the country. The laws and procedures of most states are taken into account, but this is not a guide to the law of any one state.

Like any handbook, this one is no substitute for legal advice. It is intended only to give you some idea of what to expect and to help you and your lawyer work together more effectively.

Source: American Academy of Matrimonial Attorneys, Divorce Manual; A Client Handbook.

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    This blog is written and published by Stephen M. Worrall for educational purposes only, i.e. to give information and a general understanding of Georgia family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Steve Worrall is licensed to practice law in the state of Georgia only.

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