Friday, November 27, 2009
Wednesday, November 25, 2009
Monday, November 23, 2009
1. UNCONTESTED DIVORCE: If you and your spouse are getting an uncontested divorce, then you probably won't be required to physically go to court. In other words, as part of the uncontested divorce documents, your divorce attorney will prepare a document whereby the other party will essentially sign and agree that your Georgia divorce case can be disposed of without your having to go to a court hearing. Of course, it is always possible that the court may have some questions about your case and require a hearing, even with an uncontested divorce. And naturally, you will need to discuss each of these issues with your own divorce attorney.
2. CONTESTED DIVORCE: However, if it is a contested divorce, then both parties WILL be required to go to court, several times, including, at a minimum, the temporary hearing, (or thirty day conference), and a final hearing. Again, you need to discuss with your own divorce lawyer what will occur at each of these hearings and how you will need to be prepared for court.
The bottom line is: If you are getting an uncontested divorce, you may not have to go to court, (in Georgia), but, if it is contested, you almost definitely will be required to go to court, unless you quickly settle your case.
So, see ya in court, (or not)!
Sunday, November 22, 2009
Saturday, November 21, 2009
Wednesday, November 18, 2009
The tip for today involves who gets to claim the kids as dependents. In other words, while you are planning your divorce from your worthless spouse, "Sluggo," you might want to consider who should get to claim your children as dependents on your income tax returns. Now, this is not a tax advice blog and you should, of course, consult with your attorney and/or accountant before doing anything. Also, generally, the party who has primary physical custody and provides most of the support for the children will likely be entitled to claim the kids. But here are at least a few ideas for you to consider when negotiating a settlement agreement with Sluggo over who gets to claim the kids on their tax returns. In other words, this is often a negotiable matter.
As divorce lawyers, we have seen some clients elect, in the settlement agreement, to take all the kids as their own dependents. Others, when there are two or more children, may negotiate to let each party take at least one child as a dependent. (It would be to your advantage to take the youngest child as your dependent, so you will get to take the deduction/exemption longer).
Finally, one other idea for you to consider, in cases in which one party makes significantly more money than the other party, is for the party making the most money to get all the dependants, but provided you both agree in the settlement agreement to split the amount realized.
So, you see, this is another topic involving children, which you might not have thought of, and which you need to discuss with your divorce attorney!
Monday, November 16, 2009
Friday, November 13, 2009
But Wikipedia has some other interesting facts, too. For example, in Europe, the divorce rates vary widely, from Belgium, which has a divorce rate of 2.9 per 1000, to Italy, with a rate of only 0.7 per 1000. This raises the question: Have folks in Italy discovered how to keep the romance alive, or are they just staying in bad marriages? What do you think?
But then you need to consider the divorce rates in India and Sri Lanka where, incredibly, according to Wikipedia, only one to one and a half per 1000 marriages end in divorce! What do you think are the reasons for these wide disparities in divorce rates from country to country?
Thursday, November 12, 2009
In most contexts, "condonation," which means pardon or forgiveness, is a good thing. But depending on which side you are on, it's not necessarily a good thing in a Georgia divorce!
For example, let's assume that your divorce lawyer has alleged that your worthless spouse, "Sluggo," has been cheating on you. But let's also assume the evidence shows that, after learning about the adultery, you essentially forgave Sluggo and continued to cohabit with him for a while, before deciding to give him the boot. While every situation is different, (and while you must consult with your own divorce attorney about this issue), Georgia law may provide that, due to your condonation, you have waived or given up the possibility of using the adultery against Sluggo.
So, the bottom line is that, in my opinion, you should consult with a divorce attorney and discuss the legal consequences before you condone an adultery. To forgive Sluggo's adultery prematurely may not be so divine after all!
Monday, November 9, 2009
Friday, November 6, 2009
Wednesday, November 4, 2009
For instance, consider the reported divorce case of great American sportscaster Jim Nantz. According to published news reports, a Connecticutt divorce judge has ordered Nantz, among other things, to pay his wife of 26 years a whopping $916,000.00 per year in alimony and child support. Fortunately for Nantz, who is 50, the judge also reportedly ruled that the Nantz divorce was not caused by his alleged dating a 29 year old woman before the divorce was final. This divorce order may sound excessive. But again, everything is relative. According to Wikipedia, the well-to-do Nantz makes in excess of $4 million per year!
Tuesday, November 3, 2009
Here's some happy news for those of you considering a divorce! Do you like freebies? Well, here's one for you to consider! Did you know that, when you get a divorce in Georgia, your divorce attorney can ask the judge, in the divorce pleadings, to restore either your maiden name, or another prior name, at no additional cost to you? Isn't that great?! This divorce "freebie" is in addition to the free "extra divorce" you are getting from your mother-in-law!
Of course, if you have children, you may decide not to go back to your maiden name. In other words, you may choose to keep the same last name as your kids. Also, you may not want the hassle of having to go to Social Security or the Department of Motor Vehicles to change your last name. But the point is: it is up to you to decide this!
So, after your divorce is final, you will no longer have to see your mother-in-law and you no longer have to be called "Mrs. Sluggo!" Life doesn't get much better than this, does it?!