How Divorce is Like a Two-For-One Sale!

Did you ever realize that, when you pay your divorce lawyer for a divorce from your worthless spouse, "Sluggo," you are also getting a divorce, at NO EXTRA COST, from your mother in law?! Wow! Now you realize: What a bargain!

This Divorce Law Blog: Why We Are Here And Why We Ain't!

Most of the comments about this blog are kind and complimentary! The blogosphere is filled with some incredibly nice folks! However, I have received a few comments and emails, from time to time, in which we are taken to task for not promoting marriage more in this divorce law blog. Well, here is my attempt to respond to such critics! Here is what we are and here is what we ain't!

This is a blog which primarily focuses on Georgia divorce law. We are a father and son law practice located in Augusta, Georgia. Actually, our family law firm is located in nearby Martinez, Georgia, (in Columbia County), a suburb located near Augusta. I left a career as a federal prosecutor in order to go into private law practice with my oldest son. The federal prosecutor is now a divorce lawyer and a defense lawyer! In addition to handling divorce and child custody cases, we also handle some personal injury and criminal defense cases, in both state and federal court. (I also have a second blog which focuses on white collar crime in Georgia!)

In this divorce law blog, our goal is fairly simple: we merely want to provide some helpful tips and practical advice about getting a divorce in Georgia. (I also work hard to try to make a dry subject as entertaining as possible!) We have no intention of encouraging anyone to get a divorce, but we also have no intention of promoting your "standing by your man," (good ole' "Sluggo"), either, especially when "Sluggo" is beating on you! Nor are we counselors or psychiatrists who can help you with such issues, and we certainly can't help you try to figure out, or shrink, "Sluggo's" head either!

Again, we just want to give you some practical things to consider, about Georgia divorce law, if YOU decide to get a divorce!

It is also important to emphasize that, while you may find useful information, or practical tips, in this divorce law blog, we also always carefully encourage each reader to consult with their own attorneys, wherever they live, about the law in their jurisdictions.

So, there you have it -- why we are here and why we ain't! So, please keep your comments, both good and bad, coming about this divorce law blog! But please don't send a comment about my grammar! Please know that I know that it ain't right to say "ain't!"

Living Together v. Marriage: Some Pros and Cons

Many Americans have always believed in "shacking up," as opposed to getting married. And the trend is presently away from marriage and toward "live-in" arrangements. According to the U.S. Census Bureau, there are over 5.5 million unmarried households in this country and, in 2005, unmarried households first started outnumbering married ones.

Now, I am not here to make moral judgments or to preach at you about what you should do. That is not the point of this humble blog about Georgia divorce law. You do as you choose to do!

But as a divorce lawyer in Augusta, Georgia, I just want you to consider some of the legal consequences of your decision! (You should also consult with a lawyer where you live about your rights). I am concerned about women who can get hurt, (legally), by live-in arrangements.

I often get telephone calls from women whose "live-in lovers" have left them and they don't know what to do. Frankly, there can be some tough legal issues for such women to address. For example, if you have chosen to live with "Sluggo," in a house he previously bought, then, if you never got married and you don't have a cohabitation agreement, then you may face the possibility of getting put out in the street. Also, you should consider the fact that, if you have kids with good old "Sluggo," (God forbid!), and you are not married, then, unless you take him to court through a paternity lawsuit, your kids are not legitimate and may not even be able to inherit from him. You also need to know that, at least in Georgia, common law marriage is no longer recognized, (at least for newer live-in relationships, since the latter 1990's), so it probably is no longer available to give you legal protection.

The list goes on and on! There are so many legal issues and problems faced by "live-in" lovers! There are tax issues, (you can't benefit from filing your tax returns together as a married couple), insurance issues, (you probably can't get on "Sluggo's" health insurance plan), and alimony issues, (if you break up, you aren't entitled to seek alimony or a property division).

I realize that there are some arguments in favor of shacking up, too! But the point here is that, before you get too starry eyed about moving in with that old romantic fool, "Sluggo," please just consider the legal consequences!

Maybe you should just get a nice dog instead!

Alimony: "The Bill You Get For the Thrill You Got!"

Lewis Grizzard, my favorite Southern humorist, wasn't immune from the divorce bug. But he had a special way of making even the topics of divorce and alimony funny! The hardest I ever laughed in my life was while watching Grizzard's stand-up act which he performed in an old tobacco barn in Moultrie, Georgia.

However, we all know that divorce and alimony are no laughing matter! You may need alimony, (or to avoid alimony), to survive. If you are contemplating a divorce, you should discuss this important issue with your divorce attorney. Do you know some of the factors that a Georgia court will consider in setting the amount of permanent alimony? The Georgia courts generally consider the needs of the parties and ability to pay. Among other factors, the court will consider, (as found in O.C.G.A. 19-6-5):

1. The standard of living established during the marriage;

2. The duration of the marriage;

3. The age and physical and emotional condition of both parties;

4. The financial resources of each party;

5. Where applicable, the time necessary for either party to acquire education or job training;

6. The contribution of each party to the marriage, (e.g. homemaking, child care, contribution to

the education or career building of the other party; and

7. The condition of the parties, including any separate estate, earning capacity, and fixed

liabilities).

You may not have been aware of these factors, but I'll bet you were aware that, generally, the obligation to pay alimony stops when the recipient remarries.

Of course, Lewis Grizzard had another idea about alimony and remarriage. As Grizzard concluded, "I don't think I'll get married again. I'll just find a woman I don't like and give her a house!"

Divorce and Looking For Love!

Are you going through a divorce and hoping, one day, to again be looking for love? Do you need any inspiration? Well, look no further! Maybe you have already seen this dear lady's picture all over the news today! This 107 year old Malaysian woman, who has been married 22 times, indicates that if her current husband leaves her, as she reportedly expects, then she will definitely be looking for husband number 23!

So, even if you are going through a tough divorce, please just remember this story and know that there is always hope! Of course, after dealing with your divorce and divorce lawyers, you may instead decide to simply enjoy your freedom!

Celebrity Divorces: Groucho Marx

Hopefully, everyone still remembers the famous wise-cracking comedian, Groucho Marx, the star of Vaudeville and numerous movies with his brothers, Chico, Harpo, and Zeppo, including "Animal Crackers," in 1930, and "Duck Soup," in 1933. He also went on to host a famous radio and t.v. quiz show called, "You Bet Your Life."

But did you know that Groucho Marx's marriages suffered the same fate as many celebrities? According to Wikipedia, Marx married and divorced three times. And did you know he had a penchant for younger women. When he married the last time in 1954, Marx was 63 and his wife was only 20, according to Wikipedia! As Marx concluded in one of his many famous quotes, "I was married by a judge. I should have asked for a jury!"

Contempt Motions: Document, But Do Not Deviate!

We have discussed before in this Georgia divorce law blog the importance of keeping a diary, or journal, of every time that your worthless spouse, "Sluggo," is mean to you, or does you dirty! Your divorce lawyer can possibly use that information to help you in your divorce. But this same tip also applies to potential contempt actions. In other words, "Young Grasshopper," it is wise for you to keep pen and paper handy AFTER your divorce, too!

Let's assume, for example, that your deadbeat ex, Sluggo, is running behind on making child support payments, or that he has otherwise failed to live up to your settlement agreement. What should you do?

First, you should contact your divorce attorney about filing a contempt action and taking good ole' Sluggo back before the judge.

But the point here is that, when you see your divorce lawyer, it will help if you have kept meticulous records, including dates and occurrences, of all of Sluggo's violations of the settlement agreement, or court order. In addition, in my opinion, you should rarely give permission to Sluggo to deviate from what the judge had ordered. It might be difficult for the judge to hold Sluggo in contempt for violating the order if you have permitted deviations and made his requirements less clearcut.

Finally, in my opinion, if Sluggo pays child support directly to you, then you should generally NEVER accept cash, (or give cash, if you are Sluggo!), in lieu of a check, as payment of child support or any other obligation. Again, the point is that it is important for you to be able to document everything if you must take your ex back to court and, at least in this one context, cash just doesn't cut it! Now, I realize that, in the real world, if you need the cash which Sluggo is waving around to buy groceries or diapers, then you may very well need to take it, but, even then, you should faithfully write down how much he gave you and when. And if ole' Sluggo had a brain, he would demand a written receipt, too!

Every situation is different. Please discuss your situation with your own divorce attorney. But if you ask me, I will generally tell you: Document, document, document...but do not deviate!