June 2009 Archives « Georgia Divorce And Family LawGeorgia Divorce And Family Law

Archive for June, 2009

Responding To A Georgia Divorce Complaint

Monday, June 29th, 2009

To begin, if you have already been served with a divorce complaint in Georgia, it is important that you contact a divorce lawyer as soon as possible. Once you have been served, you only have 30 days to file your response with the court.

In Georgia, an individual can be served with a complaint for divorce in one of three ways. First, the sheriff’s office can deliver the paperwork to you. You can be served at home, at work, or anywhere else you can be found. Second, in order to avoid the hassle (or sometimes embarrassment) of having a Sheriff serve you papers, your spouse’s attorney can send you an Acknowledgment of Service, and you can choose to voluntarily acknowledge service via mail by signing the Acknowledgment and returning it to opposing counsel. Third, the court may appoint a private process server to serve you with a divorce complaint, which is essential a private individual authorized by the court to effectuate service.

Once you have been served, time is of the essence, and you will be given thirty days to respond to the complaint for divorce. A formal response to a divorce complaint in Georgia is called an “answer.” When preparing an answer, an individual must carefully respond to each and every paragraph of the complaint. Drafting an answer can be as simple as admitting or denying the allegations in each paragraph, or can also be much more complicated, especially if you and your spouse have children. It is important to note that if there are paragraphs to which you fail to respond, Georgia law dictates that you will be deemed to have automatically admitted to the allegations in that paragraph for purposes of the lawsuit.

Upon being served with a GA divorce complaint, it is important that you carefully read each document you received. Along with the complaint, you may have also received “discovery requests,” a proposed settlement agreement, or a notice of a court hearing. You will have forty-five days to respond to any discovery requests. Additionally, if there are children involved in your divorce, you must file a Domestic Relations Financial Affidavit within five days of your first court hearing, and must also prepare a Georgia Child Support Worksheet, as well as a Georgia Parenting Plan.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia family law. If you have been served with a divorce complaint, we recommend that you speak with one of our Atlanta divorce attorneys sooner rather than later. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical divorce proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form. Thank you and we look forward to working with you.

Tags: divorce procedure GA, Georgia Divorce Law
Posted in Georgia Family Law | 8 Comments »

Georgia Divorce Law Terms and Processes

Sunday, June 28th, 2009

While the dynamics of every marriage are different, the legal process for getting divorced in Georgia remains the same. Below is a general summary of the terms and processes involved in a GA divorce.

GA Petition For Divorce

The GA divorce process begins with the filing of a petition with the court. Your divorce lawyer will generally file the petition for divorce in the county where you reside, at which time the Sheriff or a Server of Process will deliver the petition to your spouse. Once the petition for divorce has been delivered, your spouse will have 30 days to file a response with the court.

Georgia Divorce Residency Requirements

In order to file for divorce in Georgia, a couple must generally live in the state for a minimum of six months.

Legal Grounds For a Divorce

Georgia is a no-fault state. Thus, there need be no “grounds” necessary to obtain a divorce, such as adultery or abuse. In order to petition the court for a divorce in Georgia, one must simply state that they believe the marriage suffers from “irreconcilable differences.” Because no other grounds are necessary, if one spouse wants a divorce, they generally do not need the approval of the other spouse.

Of course, one can still file a fault divorce, and for various strategic reasons divorce lawyers sometimes do petition the court for a “fault” divorce. Some of the common fault divorce categories are:

•    Cruelty
•    Adultery
•    Felony

The Division of Property

Generally speaking, courts generally prefer that the parties to a divorce work out an agreement on property division amongst themselves. As one Fulton County Family Law Court Judge is rumored to have put it, “I don’t do furniture.” Unfortunately, it is often the case that parties to a divorce are not able to work out the separation of assets among themselves, in which case a court will need to determine what is separate property and what is marital property, and then divide the marital property in a manner it deems “equitable.”

The Distribution of Debt in a Georgia Divorce

Disputes over the distribution of debt are becoming more and more common in Georgia divorces. Generally speaking, just as assets and property are divided among spouses, so are debts. Unfortunately, it is often the case that one spouse can ruin the credit of the other. For instance, if both spouses co-signed a mortgage loan but only one of the spouses were responsible for paying that loan, if that spouse fails to make their payments the credit of the other spouse would be tarnished. For this reason, our divorce lawyers often tell our clients to close any joint accounts they have with their spouse.

Georgia Spousal Support

GA alimony, also known as spousal support, can be permanent, temporary, or restorative, and can be paid via one lump sum or in periodic payments. There are a number of factors that play into the type and amount of alimony payments required in a divorce, including but not limited to:

•    Length of the marriage
•    Income and assets of both spouses
•    Contributions to the home and rearing of children
•    Contributions by one spouse to the career or education of the other

Georgia Child Custody and Visitation

In Georgia, a “parenting plan” is now required for all divorces involving children. Among the issues that must be addresses in each parenting plan are:

•    where the children will live
•    where the children will spend holidays
•    which parent will make decisions about the children

Georgia Child Support

In Georgia, child support is considered to be the responsibility of both parents. The state legislature recently enacted Georgia Child Support Guidelines, which take into account a wide variety of factors in determining how much each parent will be required to pay. The Child Support Guideline worksheet can be fairly complicated, and we recommend you consult with an attorney rather than trying to work through the worksheet on your own.

Georgia Mediation/Collaborative Law

Mediation is the process by which both spouses try to resolve conflicts through the help of a third party (a mediator) rather than through the courts. Generally speaking, each spouse is represented by their own divorce lawyer during the proceedings.

Final Divorce Decree

In Georgia, the final divorce decree is an order by the court that legally dissolves the marriage and contains decisions on all aspects of the divorce, including the separation of assets, alimony, and if children are involved, child custody and child support. Upon issuance of the final divorce decree, your Last Will & Testament in Georgia will be declared null and void. One may also choose to restore their premarital name after the final divorce decree is issued.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia family law. If you are considering filing for a divorce, or have already been served, we recommend that you speak with one of our Atlanta divorce attorneys sooner rather than later. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form. Thank you and we look forward to working with you.

Tags: Alimony Payments, Atlanta divorce attorney, division of marital debt, divorce procedure GA, GA child support, Georgia Child Custody, Georgia Child Support, georgia divorce, Georgia Parenting Plan
Posted in Georgia Family Law | 7 Comments »

Tax Consequences of GA Alimony and GA Child Support Payments

Sunday, June 28th, 2009

When structuring the terms of a Georgia divorce or separate maintenance action, it is important to consider the tax consequences that the divorce will have on your alimony and/or child support payments. Below is a general guideline of what may be deductible, and what may be considered income, with respect to GA child support and alimony payments.

Child support payments are relatively simple. Generally speaking, GA child support payments are not deductible to the payer and are not considered income to the recipient.

Georgia alimony payments can be significantly more complex and can be structured in one of two ways. Generally, alimony payments in Georgia are deductible to the payer and income to the recipient. Alternatively, alimony can be structured as a Georgia property settlement, which would not be deductible to the payer and not considered income to the recipient. For instance, if you are ordered to pay the mortgage and utility bills for the benefit of your former spouse, this may not be considered alimony.

Whether alimony is tax deductible depends on whether it meets the Internal Revenue Code’s definition of alimony. To be considered alimony for tax purposes, payments must meet the following six conditions: (1) the payment is a cash payment, (2) the payment is received by a “divorce or separation instrument”, (3) the instrument does not specify that the payments are not for alimony, (4) the payer and payee are not members of the same household when the payments are made, (5) the payer and payee do not file a joint tax return and (6) there is no liability to make the payments for any period after the death or remarriage of the recipient.

To determine the most advantageous way to structure alimony payments or child support in your situation, consult one of our Georgia divorce lawyers for advice.

Posted in Uncategorized | 6 Comments »

The Relocation of Children After a Georgia Divorce

Saturday, June 27th, 2009

In our society where people tend to move several times during their lifetime, it is not uncommon for parents to want to relocate after a divorce. The relocation of children after a Georgia divorce can be a hotly contested issue. If a custodial parent is permitted to relocate with their children, the non-custodial parent may not be able to see their children as often. On the other hand, if a custodial parent is prohibited from relocating with their children, they may be missing out on a better job opportunity or the ability to be closer to other family members.

Issues regarding the relocation of children after a divorce usually come before a court in the form of a change of custody action. In the 2003 Georgia Supreme Court case of Bodne v. Bodne, the court stated that a custodial parent who decides to relocate does not have a prima facie right to retain custody. 277 Ga. 445 (2003). On the other hand, there is also no presumption that the relocating parent will lose custody. Rather, the court, as always, is guided primarily by the standard of what is in “the best interest of the child.”

Ideally, if one party to a divorce wants to move, the parents will be able to come together to reach an agreement they can both live with. This can help minimize resentment and hostility. If the parties leave it up to the court to decide the child custody issue, the court will make the determination on a case by case basis focusing on a number of important factors including but not limited to the child’s relationship with the non-custodial parent, the child’s ties to the community, the child’s age, the parent’s reason for relocating and anything else the court finds relevant.

In sum, when determining whether or not a parent will be permitted to relocate with their child after a divorce, the ultimate standard will be what the court finds to be “in the best interest of the children.” With so many variables involved in this determination, we highly recommend you speak with one of our experienced Atlanta divorce lawyers to help make sure that your rights, and the rights of your children, are well-protected during your relocation proceeding.

Tags: GA Child Custody
Posted in Child Custody GA | 6 Comments »

Valuation of Marital Property In A Georgia Divorce

Tuesday, June 23rd, 2009

When it comes to the division of property during a divorce, Georgia law provides for marital property to be subject to “equitable division.” In the case of Moore v. Moore (249 Ga. 27 (1982)), the courts defined “marital property” as property acquired by the parties during the marriage. Generally speaking, GA marital property can be a house, a bank account, a retirement account or any other real or personal property acquired during the marriage.

Of course, in order for a court to determine how to divide marital property “equitably,” it is necessary that the court first place a value on that marital property. Valuing marital property in Georgia can be as simple as looking up the balance in a bank account, or as complicated as putting a dollar value on a closely held family business.

When the value of marital property is not known, Georgia courts often rely on experts. In real estate, for example, if a judge wanted to determine the value of a marital home they might rely on the testimony of a real estate appraiser. An appraiser would be asked to testify as to the fair market value of the home minus any mortgages, liens or other encumbrances. Oftentimes, however, a couple will prefer to sell the home, making the valuation of the asset significantly either. If this were the case, the court would likely order the parties to divide the proceeds from the sale “equitably” after all costs are deducted. On the other hand, should one party prefer to remain in the residence, the court could order the spouse remaining in the home to refinance the mortgage on the property in his or her own name. In either scenario, knowing the dollar value of the home will assist the court in determining how to equitably divide it.

A “fair market value” approach works well for real estate, but what about other types of marital property? As an example, lets take a family business.

The value of a small business is based on a number of different factors because if the business is a closely held corporation the stocks may have no value on the open market. Of course, the business might be quite profitable, so to value it at $0 is unrealistic. Thus if the parties have a marital business, a GA court will have several issues to contend with such as ownership rights and interests, voting rights, and “key man” issues. Again, an expert will likely play a large role in assisting the court

In general, the valuation of marital assets can present extremely complicated issues, and if you are dealing with a divorce that will involve the separation of assets, we suggest you contact one of our divorce attorneys today.

Tags: GA Separation of Assets
Posted in Separation of Assets GA Divorce | 7 Comments »

Grandparents Rights in Georgia

Thursday, June 18th, 2009

While many do not realize it, GA law does recognize the rights of grandparents, and grandparents do have the right to seek custody or visitation with their grandchildren. Of course, decisions are made on a case by case basis, and the standard is always “the best interests of the child.”

The issue comes up most frequently in the context of a divorce, if a child’s parent is deceased, or if the child has been living with the grandparents and the parents decide they want the child back. A family law attorney will be able advise you on your specific situation.

While Georgia custody law generally favors the natural parents to have custody of a child, there are situations when courts will find that it is in the best interest of the child for a grandparent or other relative to have custody. To convince a court that a grandparent should have custody, the grandparent must show that (1) granting custody to the natural parents would harm the child and (2) granting custody to the grandparent would promote the health, welfare and happiness of the child. This standard is generally met in cases where there is abuse, drug or alcohol addiction, or neglect.

If a grandparent petitions the court for visitation rights in Georgia, the court will look at (1) whether the child will be harmed if grandparent visitation rights are not granted and (2) whether visitation with the grandparent is in the best interest of the child. While Georgia family law does recognize the importance of grandparent-grandchild relationships, it is entirely up to the court to decide what is in the best interest of the child.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia family law. If you have an issue regarding grandparents rights in Georgia, we recommend that you speak with one of our Atlanta family law attorneys sooner rather than later. We are proud to say that our lawyers are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Child Custody Homepage to fill out our contact information form. Thank you and we look forward to working with you.

Tags: Atlanta divorce attorney, Georgia Child Custody
Posted in Georgia Child Custody, Georgia Family Law | 10 Comments »