Reasons Why People Divorce

What are the most common reasons why people divorce? I have read a large number of articles about why people divorce. Also, as a divorce lawyer in Augusta, Georgia, I have seen numerous reasons offered by folks who are going through a divorce. The only conclusion that I can draw is that there are as many stars in the sky as there are reasons for divorce!

But what would YOU guess are the primary reasons for divorce? Is it money problems? Lack of communication? Infidelity? Sexual problems? Spousal abuse? Addiction problems? "Sluggo" eating the last piece of pie?!

I would guess money problems as being the leading reason for divorce, but that is just a guess. Again, what is your opinion about the leading cause of divorce? Have you ever heard of any unusual reasons?

Fortunately, if you live in Georgia, you do not have to have a good reason to get a divorce. You must simply allege and show that the marriage is "irretrievably broken," no matter what your reasons are -- good or bad.

So, if you live in Georgia, and you are tired of being married to your worthless spouse, "Sluggo," then all you need to know is that you don't have to have a good reason to dump him! You can just retain a divorce attorney and dump him! Of course, knowing good ole' Sluggo, you would probably have a thousand good reasons to divorce him!

Divorce and Attorney's Fees

You might be wondering: Can I make my worthless spouse, "Sluggo," pay for my divorce attorney's fees, as well as his own divorce lawyer's fees, too?

In Georgia, the simple answer is....maybe! (How about that for a lawyer's answer?!) Generally, Georgia law provides, (in O.C.G.A. 19-6-2), that a grant of attorney's fees as a part of the expenses of litigation may be awarded, "within the sound discretion of the court." The court will consider the financial circumstances of both parties in making this determination, along with deciding the amount of attorney's fees to be awarded.

The bottom line is that getting attorney's fees might be possible in some cases, (especially, for example, if the other party has a much greater income, or if you can prove some fault grounds, such as adultery). But don't count on it. Again, this is another important question to raise and discuss with your own divorce attorney. You will also need to keep in mind that, even if the judge grants attorney fees, it may not be nearly enough to cover your entire bill, (especially if you have retained Perry Mason)! Also, you need to keep in mind that, if ole' Sluggo is really worthless and broke, since you can't squeeze blood out of a turnip, then you may still be on the hook for it anyway.

Adultery: What Cheating Can Cost you!

As the old saying goes, "cheaters never win." It is true in sports and it is true in marriage and divorce, too!

Let's talk a little bit about the some of the practical consequences of adultery, if you get caught. Did you know, for example, that, if you get caught cheating, it can cost you any chance of getting alimony? According to Georgia's divorce law, (O.C.G.A. 19-6-1), a party in a divorce case is NOT entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. What this means, folks, is that even though your worthless spouse, "Sluggo," may have become about as romantic as a cold, limp dish rag, you had better not get caught running around on him if you want any chance at getting alimony! And you shouldn't desert him, or run off, either, according to Georgia law!

There are other potential consequences of cheating, too! For instance, although adultery, per se, may not be directly relevant to child custody, there is a possibility that, if you get caught partying around with another man, especially if you have "sleep overs" while the kids are present in the home, it might cost you custody of your children, too!

So, please just hold your horses until your divorce is final! Again, it's not my goal to "preach" at you, about cheating or anything else. I simply want to give you some practical information and tips to consider! As always, you should check with an attorney in your area about the consequences of adultery. I am not licensed in other states and I have no clue about what is okay to do in California!

And can I give you one more bit of practical advice? Please be honest with your divorce attorney! If you have been running around on ole' "Sluggo," then you should openly tell your lawyer, so that you can best determine together how to legitimately address these issues!

And one more thing... I bet I don't even have to tell you that you should NOT tell "Sluggo," if you have been "up to no good!"

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!"