I'm sure you have heard of divorces that have drawn out over several months, involved several courtroom battles, cost the parties several thousands of dollars in attorney's fees and left both parties in shambles. Well, unfortunately, some divorces are going to go this way.

However, for a great number of people, the non-contested or no-fault divorce, as it is often called, would be an ideal option. While I'm not promoting divorce, if it seems inevitable, any rational person should first consider seeing if a non-contested divorce is possible. Non-contested means, as its name implies, that none of the issues are contested. They are resolved by agreement. Basically, if the two parties can agree on all the issues pertaining to their divorce, there is no need to argue them. This is not always easy, but it is virtually always, quicker, and cheaper.

There can be several issues to decide. If you have children, you must decide:

Custody; Child Support; Visitation; Insurance coverage for the minor child or children; a division of your Real and Personal Property; and, you must also decide Debt obligation and responsibility.

The attorney can help define the issues for you, and reduce them to writing. That is, help you to understand which issues you must agree on, and put them on paper in the proper legal form that the courts require.

This is a good time to mention that kits are for model airplanes and cars...legal matters are for Lawyers. You will need a petition, verification, acknowledgement of service, property settlement, and, a final Judgment and Decree that meets the new 1995 guidelines of the General Assembly. Of course the paper work is the Lawyers job.

Non-contested divorces are usually much quicker. After the non-contested divorce package has been on file for 31 days, it can be put on a court calendar and finished in little over a month.

The term "no-fault" is applied to non-contested divorces in this state because the parties can offer as a ground, that their marriage is irretrievably broken. That is neither parties has to allege that their spouse has committed some terrible "wrong " in order to be granted a divorce, but simply, their marriage is broken and cannot be put back together. This relieves quite a bit of tension between the parties, but it also helps parties with minor children as well.

A party filing for divorce in Georgia must have been a resident here for at least 6 months prior to filing for divorce. A common requirement for some jurisdictions is that the parties with minor children must first complete a divorcing parent's seminar before a divorce will be granted. Most jurisdictions have some differences that are discovered as you handle divorces in their courts that are relatively new requirements or that are just different from other courts. But if you can agree with your spouse on all the issues, then an attorney can handle the rest as a non-contested divorce.

I would be happy to sit down with you in my office and evaluate your situation. The appointment is free, but you will need one. My office numbers are

    Don't waste you money on kits drawn by paralegals, or try to copy old documents out of the court records, which may have been filed by Christopher Columbus. My evaluation is free, and that's as cheap as it gets. Come on in and let's talk about it. You can decide whether or not to hire me after that. There's neither pressure nor obligation that’s my guarantee to you. Call Now… 770 461-4882 or (770) 461-1984.

GROUNDS FOR A GEORGIA DIVORCE

O.C.G.A. 19-5-3

(1)               Intermarriage by persons within the prohibited degrees of consanguinity or affinity;

(2)               Mental incapacity at the time of the marriage;

(3)                Impotency at the time of the marriage;

(4)                Force, menace, duress, or fraud in obtaining the marriage;

(5)                Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;

(6)                Adultery in either of the parties after marriage;

(7)                Willful and continued desertion by either of the parties for the term of one year;

(8)                The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;

(9)                 Habitual intoxication;

(10)Cruel treatment, which shall consist of willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;

(11)Incurable mental illness. No divorce shall be granted upon this ground unless the mentally ill party has been adjudicated mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive office of the institution and one competent physician appointed by the court, after a through examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of the present day medical knowledge, recovery of the party’s mental health cannot be expected at any time during his life. Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event there is no guardian of the person, then the notice of the action shall be served upon the guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or other chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of a divorce;

(12)Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16;

(13)The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.

O.C.G.A. 19-5-2

          No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a non resident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

            The divorcing parents seminar, by whatever name it may be called, is a one evening seminar that most superior courts in the metro-Atlanta area requires parents of minor children to attend before they will grant a divorce.

            Although short, relatively speaking, it usually cost $30.00 per person.

            Realizing a variety of circumstances exists surrounding divorce cases, the seminar program directors will usually arrange for you and your spouse to attend at different times upon your request.

            Occasionally, a spouse may live in a different state, or be in the military stationed in a foreign country, etc. and the question arises, how can he or she attend such a course? Well, with a little luck, we can convince the judge that it would be impractical to require a resident of some other state, or country, to find such a program which may, or may not, exist and attend. In that case, we can get the spouse exempt. Otherwise, both parties must attend.

            The course usually addresses such topics as: What does a healthy post divorce family look like? ; How families experience divorce; the grief process; why is my child acting this way? ; Stress symptoms children experience during divorce; Keeping children out of parenting conflicts; The business of co-parenting; Developing a positive shared parenting plan; and, Dealing with tough situations.

            Most courts like for you to file the divorce first, get a case number, and then attend the program. We will help our client get the necessary information, etc. when it’s time to attend.

            Currently, seminars are required in the following metro-counties to wit: Carroll, Cobb, Clayton, Coweta, Dekalb, Douglas, and Fulton. And, the number is growing.

            It is important to know, and remember, that when calculating child support based on the Georgia guidelines, you must calculate based upon gross (pre-taxed income). You must also calculate based on total income, including over-time income.

            It is possible to to pay less than the guidelines if both parties agree and it is justified in the paper work supplied to the court. There are factors that the lawyer can rely on to explain how the parties calculated, and agreed to an amount less than called for in the state guidelines.

            Check the guidelines below and find the number of children that you have who are minors (under 18 years of age) and you can find the appropriate percentages provided by law.

            It is important to know the language mandated by the Georgia Code as to how long a parent paying child support would be obligated to do so.

…until the child becomes 18 years of age, die, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full time basis, then such child support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age.      ( NEW  LAW UNDERLINED)

THE GEORGIA LAW

OFFICIAL CODE OF GEORGIA SECTION 53‑2‑76:

*  Marriage of a testator, his total divorce, or birth

of a child to him subsequent   to  making a will in

which no provision is made in contemplation of such

event, shall be a revocation of the will. *

     There is no better time than right now to review your will and make sure that you have a current and valid will to protect your family and your estate.

     If you have minor children you wish to provide for, or if you have real estate as part of your estate, you have additional concerns that could be taken care of in a will.

     If you have never had a will before, while you are taking care of business, you need to make a will.

     Please call at your convenience to make an appointment with me so that we can review your situation to make sure that you have a will that is valid and serves you well. You might also wish to ask about a Durable Power of Attorney while discussing matters pertaining to your will.

Attorney at Law

JIM WHITLOCK

Ph:(770) 461-4882

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