Saturday, January 29, 2011

Divorce "Joke of the Day"

Did you hear the "oldie goldie" joke about the new "Divorce Barbie" doll coming out!?
It's the new Barbie that comes with half of Ken's stuff!
Have a nice weekend!

Monday, January 24, 2011

Favorite Movies About Divorce: "It's Complicated"

Even though this is a blog by an Augusta, Georgia divorce attorney about Georgia divorce, I really don't want to talk about Georgia divorce or divorce tips today!  After a number of relatively dull posts about divorce and divorce law tips, let's have a little fun today with another post about favorite movies about divorce!  Have you seen the 2009 divorce movie, "It's Complicated?" If not, you should try it!  This movie stars the inimitable Meryl Streep, along with Alec Baldwin and one of my favorite comedians, Steve Martin.  This movie deals with a real-life situation in which a spark reignites the passion between a divorced couple, (portrayed by Streep and Baldwin).  To further complicate matters, in the movie, Baldwin's character has re-married another young woman!  Don't worry--I won't spoil the ending for you!  But rest assured, it's not too complicated by the end of the flick!
Have you seen this movie about divorce?  What did you think about it?  How often do divorce couples really get back together?  What are your favorite movies about divorce? 

Thursday, January 20, 2011

Joint Custody or Shared Custody: By Either Name Does It Really Work?

According to Divorce Lawyer Source and other sources, only about twenty percent of all divorces involving child custody result in a shared (or joint) custody arrangement.  Put another way, as you would suspect, in most divorce cases, one parent, (usually, the mother), gets sole physical custody and the other parent, (usually, the father), gets reasonable child visitation.
As Augusta, Georgia divorce attorneys, we, (at The Goolsby Law Firm, LLC), have seen both arrangements work.  In other words, while our experience with child custody has probably followed the norm, we have seen that shared (joint) child custody can work in some situations.  Each case is different.  But while shared (joint) custody may work for some families, it is simply not very practicable in others.  One practical issue involves challenges faced by school-aged children who are expected to go from one parent's house to another, from week to week.  Can't you see the problems such a child might face?  In other words, there are many practical issues which you must discuss with your divorce lawyer before agreeing to a shared (joint) child custody arrangement.
What other practicle problems are presented by a shared (joint) child custody arrangement?  Do you believe shared (joint) child custody can work? 

Friday, January 14, 2011

Divorce and How Not To Prove Adultery!

All the divorce courts in the world must wait and wait -- to see what happens next in the ongoing saga of Michigan resident Leon Walker, who has been charged with a felony for allegedly hacking into and checking his wife's email.  According to various news reports, Walker was seeking evidence to prove his wife's alleged adultery.  Of course, no one should pre-judge what has happened or what should happen in that criminal case.  That job is best left up to the Michigan judges, prosecutors, and criminal defense attorneys.
However, this Michigan case does raise some other important issues for you to discuss with your own divorce lawyer.  For example, let's assume that you suspect your worthless spouse, "Sluggo," of cheating on you.  Based upon the Michigan case, it should now be clear to you that you shouldn't hack into his email accounts.  We get that!  But have you also considered that it might also be dangerous for you to tap Sluggo's phone, too?!  In other words, even if you strongly suspect that Sluggo is "sweet talking" on the telephone with his new honey, it isn't worth running the risk of going to jail over by surreptitiously recording Sluggo's telphone conversations with others.  That's likely a felony, too!  So, please understand that it is imperative for you to discuss these issues about how to prove (and how not to prove) adultery with your own divorce attorney! 
After all, retaining a divorce lawyer is tough enough, but, like Mr. Walker, you don't want to have to retain a criminal lawyer, too!  

Friday, January 7, 2011

Divorce and Property Division: How To Dispose of the Marital Home

Today, as an Augusta, Georgia divorce lawyer, I want to talk a little bit about some of the practical points to consider when dealing with the disposition of a marital home in a divorce. As you can see, I chose a photograph of the White House to illustrate this post! Fortunately, for the President, his marriage appears to be pretty solid!  But even if his marriage hit the rocks, at least he wouldn't have to worry about how to deal with the disposition of this "marital home!"
But maybe you aren't so fortunate.  Perhaps you are going through a divorce and you must confront the question of what to do about the marital home, especially since there is no way that you and your worthless spouse, "Sluggo," can continue to live under the same roof!  What should you do?
Laying aside some of the obvious questions, such as how to decide who should get the marital home, and how do you sell a house in today's frigid housing market, here are a couple of other important points for you to consider and to raise with your own divorce attorney:
1.  IF SLUGGO WANTS TO KEEP THE HOUSE:  Let's assume that the home mortgage is in both of your names.  Even if your spouse wants to keep the house, and even if you are willing to let him do so, it is important that you make sure the settlement agreement provides that he has a deadline within which to refinance, to take your name off the mortgage, and to pay you your fair share of the equity.  You would be surprised at how many people we talk with, as Augusta, Georgia divorce attorneys, who have not considered these important issues!
2.  IF SLUGGO CANNOT REFINANCE THE HOUSE:  In the event that Sluggo cannot, or does not, refinance the home mortgage within the allotted time, you should also discuss with your divorce lawyer the idea of including in your settlement agreement a default provision providing that, following the refinancing deadline, the home must be listed and sold.  Also, you and your divorce attorney could include some language providing for appraisals and methods to arrive at a fair sale price, in the event that you and your spouse cannot agree on it.
Again, the point of this post is that you should discuss with your own divorce attorney some of the ways to accomplish selling the marital home, getting your name off the mortgage, and obtaining your fair share of the home equity.  We, at The Goolsby Law Firm, LLC, enjoy helping our divorce clients every day to deal with such important issues in their divorces.  Again, it is important that you find your own divorce attorney to help you though these critical divorce issues involving property division.
You may not live in the White House, but, following a divorce, you still don't want to be stuck with liability for the marital home mortgage, especially if you aren't living there!  Let Sluggo pay it!

Sunday, January 2, 2011

Celebrity Divorces: Reese Witherspoon and Ryan Phillippe

In my opinion, American actress Reese Witherspoon is one of the finest actors and finest people in Hollywood today.  For instance, her award-winning performance as June Carter-Cash in Walk the Line was, in my opinion, a true movie classic.  Also, you would be amazed at all the incredible charitable work done by Ms. Witherspoon, who is clearly one of "America's Sweethearts."  But that is not the point of this post in a blog written by an Augusta, Georgia divorce attorney!
The point of this post is that Ms. Witherspoon, along with her ex-husband, actor Ryan Phillippe, whom she divorced in 2007, serve as good examples of how life should go on after a divorce.  For example, the two actors have remained friendly after their divorce.  Recently, after Ms. Witherspoon's engagement to Hollywood agent Jim Toth, was announced, Mr. Phillippe was among those who wished the new couple well.
In addition, this couple illustrates that, while divorce can be painful for anyone to experience, it can be overcome.  In other words, life goes on.  You can still find happiness and a rewarding career after a divorce.
Don't you agree?