If you are unsure of whether or not you and your spouse should sign a prenuptial agreement in Georgia, here are some common questions and answers to give you a bit more background information before you make your final decision:

Should I get a prenuptial agreement?
Partners entering marriage always have this broad and general answer.  There is no yes or no answer for the question.  Different couples have different reasons when they decide to partake in a prenuptial agreement.  A common reason why people decide to sign one is to protect important assets, businesses, inheritances, or property owned prior to the marriage.  A prenuptial agreement will protect either partner from having to share or possibly lose assets or property owned previous to the marriage.

Can I sign a prenuptial agreement after we get married?
It is possible to draft up a prenuptial agreement after marriage.  The only difference in this situation is that it is called a post nuptial agreement as opposed to a prenuptial agreement.  In either situations, the state of Georgia will approve both types of agreements.

How does a prenuptial agreement factor in with child support?
In most cases, prenuptial agreements in Georgia are not related with child support laws or child custody laws.  The decisions for either child custody or support is determined by a Georgia judge based on other factors such as what is the best decision for the child, the income of either parents and so forth.

How much does it cost to draft a prenuptial agreement?
The cost of getting a prenup is dependent on the law firm you wish to draft your prenuptial agreement, their pricing and how long it may take them to come up with an agreement for you.  Generally, coming up with a prenuptial agreement is time consuming because it deals with marriage concerns that you have not yet experienced.

Can I change or get rid of a prenuptial agreement after a marriage?
Prenuptial agreements can be changed with the help of an divorce attorney in Georgia.  Once the new terms have been drafted and approved, the original prenuptial agreement will reflect the changes that you’ve made.  Most prenuptial agreements are susceptible for cancellation.  Most well drafted agreements include a cancellation addendum specifying the terms and conditions for cancellation.

***The information contained on this page has been provided for informational purposes only. It is general in nature, and should not be mistaken for specific legal advice.  This article was not written by an attorney; it is recommended to consult with a GA divorce attorney for information specific to your divorce. 

The law in Georgia states that children who are over 14 years of age have the right to decide which parent they would like to live with.  Generally, the court will respect the decision of any child 14 years or older unless the court deems the parent to be unfit for raising a child.  Child custody in Georgia can be broken into two categories: joint custody or sole custody for either legal or physical custody.  Legal custody determines which parent is lawfully allowed to make important decisions in the child’s life while physical custody determines which parent is
lawfully allowed to live with the child.

Joint Child Custody:

As stated previously, many courts in Georgia prefer to award either joint physical custody or joint legal custody.  The main benefits of joint custody is that the child/children are able to spend time and grow up with both parents despite the separation.  Having the opportunity to grow up with both parents can help them adjust better to the sudden change in the family dynamic.

Sole Child Custody:

Often times, sole custody is given if one parent is deemed unfit for certain things such as drug dependency, alcohol dependency or other harmful behavior.  Some couples prefer to settle on sole physical custody to avoid having the child move back and forth, but usually the parent who does not reside with the child has visitation rights.

Determining Child Support in Georgia:

Divorce lawyers in Georgia look into each partner’s respective income to figure out how much child support should be awarded.  The amount of child support awarded to one partner is determined by the following factors:

1. How old the child/children are
2. The educational or child care (babysitting, after school, etc) costs
3. Any outstanding medical needs and expenses
4. The economic situation for either sides of the party
5. The income of the parent who has guardian of the child or the parent who the child spends the most time with
6. Any outstanding travel expenses resulting from joint physical custody
7. Other child support or obligations from previous marriage(s)

Generally, child support payments come to an end when the child reaches the age of 18, becomes married, or is legally emancipated.

The Differences Between Contested Divorce and Uncontested Divorce

The first step to filing for a divorce in any state is determining whether you plan on getting a contested or uncontested divorce.  If you are not familiar with divorce laws (most people are not if they do not have previous experience), you may not be familiar with the difference between the two.  However, the two types of divorce are extremely different, so it is important to know the difference between the two and which type is best suited for you.

Uncontested Divorce:

When couples seeking divorce are able to meet eye to eye in regards to settlements, alimony, child support and so forth, an uncontested divorce is appropriate.  Uncontested divorces are generally faster, cheaper and less messy.  In an ideal world, all divorces would be uncontested.  However, most couples seeking divorce don’t often see eye to eye when it comes to dividing assets and other possessions fairly.  Usually, a lawyer involved in an uncontested divorce is mainly responsible for drafting up a settlement agreement between both parties.

Contested Divorce:

Contested divorce in Georgia is very different from an uncontested divorce.  Couples who are not able to come up with an agreement in terms of settlements, child custody, amount of alimony and so forth should consider getting a contested divorce.  Filling for a contested divorces calls for the skill set, the familiarity with divorce law and the expertise of a divorce lawyer.

Alpharetta divorce attorneys have noted that couples who aren’t on speaking terms, couples where one spouse cheated on the other, or couples who absolutely cannot see eye to eye usually opt for a contested divorce.  Contested divorces are generally longer than uncontested divorces.  The speed of the divorce is dependent on how quick both parties can come up with an agreed settlement.

Determining Which Type of Divorce is Right for You:

It may be hard to decide what type of divorce is right for you in the beginning stages of your divorce.  Sometimes, it is difficult to determine whether a divorce is uncontested or contested in the beginning and what may seem to be an uncontested divorce can ultimately turn out to be contested in the end. The key question is whether you perceive that you and your spouse can work things out over the course of a divorce, but whether you have already done so. Hopefully this blog gives you a little better idea of what an attorney is really asking when he/she asks if your divorce is contested or uncontested.

Divorce lawyers in Georgia have worked with divorce cases with individuals who wish to file for a divorce on many different accounts such as infidelity, lack of economic stability, loss of interest and so forth.  Many of these reasons are considered to be fault grounds in accordance to Georgia divorce laws.  However one of these fault grounds accounts for a large portion of high divorce rates in Georgia: domestic abuse.

Leading Reason for High Divorce Rates in GA:

Domestic Violence

Both physical and psychological abuse account for the increasing divorce rate specific to Georgia.  On average, more women report domestic abuse as a reason for divorce in Georgia.  The main reason behind this is because women are often times the victims of domestic abuse in comparison to men (not to say that men are never the victim of abuse).

Domestic violence is categorized as any recurring abusive treatment by one spouse against another spouse.  Physical domestic abuse includes but are not exclusive to battering, hitting, beating, slapping, biting, sexual abuse and throwing items at another spouse.  Psychological abuse includes emotional abuse, constant belittling, threats, verbal attacks, verbal intimidation and so forth.

Despite the fact that domestic violence and abuse is already a high contributing factor for divorce cases in Georgia and across the US, many cases of domestic abuse go unnoticed, unreported and unaccounted for.  Victims of domestic abuse are often too scared or are threatened against saying anything.  If you know someone who is the victim of abuse or if you are a victim of abuse, the best solution is to seek help with a local Atlanta women’s shelter.

Other Reasons for High Divorce Rates in GA:
Besides domestic abuse, other common reasons for divorce in Georgia include: inability to agree on how to raise a child, dissatisfaction with spouse, disagreement on whether to have kids or not and religion.  Most of these reasons are accounted for in Georgia divorce laws as fault grounds for divorce.

Divorced Couple

Laws regarding divorce vary from state to state.  If you are considering filing for a divorce in Georgia or if you have been handed divorce papers, here are some frequently asked questions that may help you with the divorce process.  Familiarizing yourself with the divorce laws in Georgia can help you out in the long run:

What are the grounds for filing a divorce in the state of Georgia?
Georgia has 13 grounds for divorce.  12 grounds are considered fault, one is considered no-fault.  The 12 fault grounds are as follows: adultery, impotency, untreatable mental illness, forced marriage, pregnancy of wife by another man, intermarriage, willful and continued desertion of either spouse for over a year, physical violence, constant intoxication, habitual drug addictions and federal conviction of either parties.

What constitutes as a no-fault divorce?
No-fault divorces are also known as irretrievably broken divorces.  It simply means that at least one spouse must decline living with the other because he/she sees no point of reconciliation.

How do you start filing for a divorce?
The plaintiff, also known as the person asking for the divorce, must file a complaint with the appropriate court.  The divorce complaint must include information on current living situation, children involved in the marriage, mutual and separate assets and/or debts and the reason for why he or she is asking for a divorce.

What should I do if I receive a complaint for divorce that my spouse has filed?
After you have received a request or complaint for divorce, you should look into hiring a divorce lawyer.  You may wish to dispute the claim for divorce or start looking to dispute any claims regarding GA child support, child custody and alimony.

Can we live apart without divorcing?
Couples who don’t want to get a divorce, but want to live separately can file a separate maintenance action.  Legally, the couples are still married even though they are living separately.  However, depending on the ruling of court, alimony may have to given to one spouse and property may have to be divided.

Divorce Attorney

What is alimony?
Alimony is a term that is frequently tossed around when it comes to divorce.  It simply refers to payment requirements by one party for another spouse to keep up with support and maintenance.  Alimony may be granted to the wife or the husband.  It may be short term or till the spouse receiving help remarries or passes away.  It can be paid one time with money or in form of property or it can be paid incrementally over time.

Can my child decide where he/she wants to live?
Children who are over the age of 14 are able to decide which parent gets custody after getting approval from the court itself.  However the court does view importance for children to have a good relationship with both parents.  In accordance, the court will give parenting time to the parent without legal custody.

***The information contained on this page has been provided for informational purposes only. It is general in nature, and should not be mistaken for specific legal advice.  This article was not written by an attorney; it is recommended to consult with a GA divorce attorney for information specific to your divorce. 

Periodic Georgia Alimony Payments

Depending on the type of alimony payments you receive (temporary, permanent, or rehabilitative), and depending on your financial situation at the time of your divorce, periodic payments may be your best bet:

• Generally, periodic alimony payments in Georgia are made on a monthly basis.
• If temporary, they will be made until the divorce ends.
• If permanent, they will be made until the recipient dies or remarries.
• If rehabilitative, payments will be made until a specified occurrence or date.
• In terms of taxes, periodic alimony payments in Georgia can be quite complex, both in terms of how and when you may deduct or state them as income. Consult not only with your attorney but a tax professional you trust regarding how periodic alimony may affect your tax situation.

Lump Sum Alimony Payments

Here are the main aspects of Georgia lump sum alimony payments:

• Lump sum alimony payments are also known as “alimony in gross”.
• One-time payment that is generally still made even if the recipient dies or remarries.
• There may be a tax advantage in receiving lump sum over periodic payments.
• Many times, the payment ends up being less overall than with periodic payments.
• However, taking into consideration the possibility of investing the lump sum amount, it still may be a better decision financially.

The best way to determine which is right for you is to work closely with your Georgia divorce and alimony lawyer as well as with your financial advisor. That way you can make the best decision for you while working within Georgia alimony law. To schedule a consultation with one of our divorce lawyers in Atlanta, Alpharetta, or Athens, GA, please fill out the brief form on this page and we will be in touch with you shortly!

Family Law

Family Law for Child Custody:

As a result of high divorce rates, child custody is an integral part of family law.  Since most of these marriages involve families with children much of family law is dedicated to child custody relations.  These rulings often incorporate both legal and physical custody.  Legal custody refers to how the parents decide to make important decisions in the child’s life.  Physical custody refers to whom the child will stay with, where the child will stay at and how often each parent will have with the child on a weekly basis.

Family Law for Divorce:

Did you know that half of all marriages result in separation and divorce in America?  Divorce rates are especially higher in Southern states for a handful of reasons.  Divorce attorneys help their clients through every step of the way starting with filing out the appropriate paperwork to give proper notice of the divorce.  Divorce lawyers are then responsible for helping their client decide if they want to pursue a contested or non-contested divorce.  Contested divorce references to scenario where one party doesn’t agree the divorce claims.  Uncontested divorce attorneys work with cases where both parties agree upon the divorce.  Atlanta family law attorneys usually help their client figure out how to divide assets, come up with a solid child support agreement, and other settlement agreements.

Family Law for Adoption:

Adoption can be a wonderful decision for many families.  While adoption is a wonderful thing, the process for adoption is not as pleasant and simple.  This is where family lawyers come in.  They are able to work with both the adoptive family and the biological family to determine how certain decisions will be made and how certain requests (on both sides) will be accounted for.

Family Law for Prenuptial Agreements

Prenuptial agreements are becoming more common nowadays.  It isn’t the fact that more couples are planning to get married with the intent on getting divorced; it’s the fact that the overall dynamics of marriage has changed for many couples.  Family lawyers dealing with prenuptials are responsible for helping couples understand what the prenuptial agreement infers and if it is a good decision for the couple.

Grounds for Divorce

To apply for a divorce in Georgia, one or both of the parties have to have lived in the state for at least six months otherwise they must apply to the state of their previous residence. Georgia currently has 13 grounds for divorce. Divorce grounds are simply reasons why one person has initiated the divorce. These grounds vary from adultery, where one party has been unfaithful, to desertion, in which one spouse has not been residing with the other spouse for more than a year,

Most marriages in Georgia are filed as no-fault divorces. This is when one party believes the marriage is irrevocably broken and there is no hope of reconciliation, but does not blame the other party. Whatever the grounds for divorce, Georgia State Law requires the parties to have separated in a legal sense; this may or may not mean living in separate houses; as it is still possible to file for divorce whilst living together, but the parties must be sleeping in separate rooms and not having sexual relations.

Filing for Divorce

In legal terms, the person seeking the divorce is known as the plaintiff. It is the plaintiff’s responsibility to apply for the divorce by filing a complaint with the county’s superior court. The complaint is a legal document containing information on the status of the marriage, including assets, debts, children within the marriage, whatever grounds are being sought for the divorce, and any claims for alimony and child support.

An official from the court will serve this complaint on the defendant (the other spouse). The defendant has the right to contest the divorce if he or she believes the grounds given are untrue. The defendant may also contest the amount of assets, debts or requested alimony or child support claimed by the plaintiff. Regardless of whether somebody is a plaintiff or defendant, both parties should use the services of an attorney in any divorce proceedings.

Court Proceedings

It is not always necessary to attend court for a divorce. Where both parties can agree on settling their finances, custody of the children and resolution of the marriage, they can draw up an agreement that can be presented to the court for approval. This is known as an uncontested divorce, which can mean the divorce is granted 31 days after the serving of the complaint.

If however, the parties can’t agree, court proceedings are required and a judge has to make a final decision on these issues. It can take many months to get a court date and both parties are usually required to attend. Each spouse is allowed to provide his or her evidence, call witnesses, or present any evidence he or she feels relevant to the case. After hearing both sides, the judge issues a final judgement and decree, which outlines the details of the divorce.

Child Care and Support

A judge, regardless of what both parties have agreed, always decides issues of childcare. Under Georgia State Law, neither parent is automatically awarded custody, as a judge makes the decision after taking into account what is in the child’s best interests. If, however, a child is older than 14 years of age, he or she can choose with whom they wish to live, with the court’s approval. For the spouse not awarded custody, a judge will award parenting time to ensure both parents maintain a relationship with the child. In some cases, a judge may award joint custody, where both parents have equal rights and responsibilities for the child. In these cases, one parent is still usually granted the permanent residence of the child to ensure a stable home life.

Since 2008, Georgia State Law requires both parents in a divorce case to compile a parenting plan outlining how they intend to care for the child after the divorce. It is also law that both parents take financial responsibility of the child. This is done by considering both parties’ gross income and dividing the financial responsibly between the two, taking into account how much each party earns to calculate their percentage share of responsibility.

Alimony and Assets

One of the most difficult and often hard fought aspects of any divorce trial is in establishing how assets are divided and whether alimony is paid from one party to the other. Alimony is normally awarded if one party has made financial sacrifices in a marriage, such as one parent having given up work to bring up the couple’s children.

When it comes to dividing assets, the court has to decide what is marital property (property acquired during the marriage), and how to divide it between the two parties. There is no set formula for the division of marital property as judgements are made on an individual, but equitable basis.

—

Katrina is a freelance writer from England, who during her time in NYC wrote extensively about the differences between divorce procedures in England and the various States in the USA. As a mother of two she not only works hard but handles all the family finances from credit card balance transfer offers to planning their next holiday.

Adopting foreign children has been common in the United States. Records from the U.S. Immigration state that there are over 200,000 adopted foreign children residing in the country. Apparently, there are approximately 20,000 international adoptions processed annually.

Starting the Process

A couple wanting to adopt a foreign child should acquire approval from the United States Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). This will make the process legitimate, granting the child U.S. citizenship. They should also know the process involved in both countries – the U.S. and the country they wish to get a child from. Hiring an adoption attorney in Alpharetta may be helpful as they provide assistance in legal issues.

Prospective parents can also contact a legitimate international adoption agency for a smoother process. These institutions are familiar with the immigration process in different countries, and may have good resources together with their partner agencies. Make sure to use the services of a reputable international agency with years of experience to avoid legal issues in the future.

Laws Governing each Country

Foster parents should be aware of the laws governing the foreign country. The issue is a confidential matter between the couple and the government or the international agency. Thus, the U.S. government doesn’t have the right to petition in the best interest of the parents in cases of international adoptions. The adoption attorney in Alpharetta may remind the couple of such fact but it’s up to them to research on the laws of the corresponding foreign country.

Immigration Issues

An adopted child doesn’t automatically turn into a U.S. citizen. There are legal procedures and requirements needed to be met by the couple in order for their children to become a U.S. citizen. Prospective foster parents should coordinate with the USCIS regarding this matter.

The adoption attorney in Alpharetta may offer two legal methods. First is that parents can apply for adoption if the child has lived with them for two years in the U.S. given that they met all the requirements stated by the USCIS. Second is going to an orphanage and complying with the immigration requirements.

After immigration issues, other factors to consider include the couple’s income, length of marriage and stability of relationship, and living conditions. These are often checked by the social welfare.

Are Georgians to Blame?

Despite the fact that the statistics do represent a huge increase for divorce in Georgia, other extraneous factors should be considered.  Within the past 5 years, the rate of marriages decreased by around 40%, which is a main contributor to the increase in the statistical representation of divorce in Georgia.

Beyond the Statistics

Overlooking the fact that marriage rates have decreased and thus inflated Georgia divorce statistics, we can pinpoint reasons for the increase in divorce rates.  Our struggling economy is one of the main speculations as to why the divorce rate has increased drastically in the past 5 years.  Generally, the average income rates for states in the South have been much lower than the national average.  Lower income rate and a bad economy can cause marital strife and complications.

The second reason for high rates of divorce is the young average marriage age.  Many young couples in the South choose to get married at an early age.  Lower income rates and younger marriage rates go hand in hand.  Couples who get married at an older age are more mature, have higher chance of finishing college, and statistically able to make more money.

The third reason for high rates of divorce in Georgia and the South is due to the lower than average number of couples who take part in higher education.  Data shows an inverse correlation between lower education and higher divorce rates.  More education leads to a higher awareness of family values and maturity, leading to higher chance of a successful marriage.

FYI: Georgia Divorce Laws

1. Georgia has 13 grounds for divorce
2. Must reside in Georgia for at least 6 months before filling for divorce
3. Uncontested divorce in Georgia can be given 32 days after official papers have been received by the defendant
4. Children over 14 can decide which parent has custody
5. Both parents must provide financial support for each child until the age of 18