While most uses of social media are benign, many married people are using these tools to connect with other love interests and to reestablish relationships that they had before marriage, in spite of their marriage vows. This, in turn, has caused some Georgia couples to move toward divorce.
]]> One woman idly glanced at her husband's Facebook page, which was left open on their computer, and discovered he had written numerous threatening comments about her. Another woman found out that her husband wanted a divorce when she checked out his Facebook page. Yet another woman found out that her husband had multiple relationships with other women, even though she thought their relationship was fine. These cases represent an isolated same of so many people that are discovering the far-reaching consequencesUnderstandably, many Georgia residents can be upset at what they find out about their spouse on other social media sites. At the same time, spouses who are thinking about getting divorced should be very careful about the things they say online. Even if the communications do not involve an extramarital relationship, they could prove to hurt a claim for alimony, child support or child custody.
Perhaps the best way a couple approach their divorce is through open and honest communication. Rather than using social media as an outlet to express ideas about your divorce, discuss the issue with your spouse, because it may prevent issues from arising during the actual proceedings. At times, it may be difficult to set aside your grievances with your spouse and attempt to cooperate, but it may be the best way to achieve a favorable settlement for both parties.
Source: CBS Miami, "Social Media Sites Becoming The New Face Of Divorce," May 2, 2012
]]>The man, a partner in a high-profile law firm, and his wife divorced in 2006 and settled their divorce with few issues. The fortune that the couple had amassed was over $13 million. Of that money, $5.4 million was invested with Bernard Madoff, who was still in the good graces of investors at the time.
]]> In their settlement, the wife chose $6.25 million in cash and real estate and opted out of receiving the funds from the Madoff investments, which the husband kept. This was made official by the couple's settlement and they finalized their split.The man likely could not have known that the Madoff investments would be exposed as a Ponzi scheme two years later. When the fraud was discovered, the man realized that he lost millions from his investment. As a result, he requested to revise the divorce settlement, claiming the parties made a mistake in valuing the Madoff funds. When his ex-wife refused, he sued.
At first, the case was dismissed. Later, an appellate court ruled that the case was valid and could proceed. Most recently, the court of appeals dismissed the claim, saying that at the time the divorce was arranged, the settlement was fair. Although the investment proved to be unfortunate, it could not change the outcome of the settlement.
For those struggling with divorce, it should be noted that there are rarely any chances for a revision of the property division agreement to take place after a divorce is finalized. While it may be possible to revise a marriage settlement if a hidden fund is found, post-divorce modification only occur in relation to alimony, child support or child custody. To make sure that each partner receives an equitable amount from the divorce, it is suggested that they openly communicate their needs while working diligently to appropriately value all of their assets.
Source: Jeff Landers, "Divorce Is Final, No Do-Overs Allowed," Forbes, May 1, 2012
]]>For parents who are adopting or have already adopted, a case of the blues is not uncommon in the immediate wake of adopting. Observers say that 18 to 26 percent of new adoptive mothers feel slightly depressed after the child initially comes into their lives. Often, parents struggle to bond with their new adopted child quickly, as the bonding experience may take more time than originally expected.
]]> For this reason, it is important to stay patient, even when struggling with these new issues or concerns. Most parents who adopt expect to be the best parents ever, and often when the child comes, these expectations do not quite match reality.Furthermore, parenting commentators recommend that parents who are experiencing these symptoms should consider seeking professional advice. Children tend to pick up negative feelings from their parents who are struggling from depression. In addition to seeking help, parents should try to get adequate rest and continue with activities you've previously enjoyed.
As parents go through the adoption process, it can be a difficult adjustment for both parents and adopted children, especially in the initial phase where they are starting to bond with one another. However, the rewards are certainly worth the effort in the long term.
For those Georgia parents or step-parents who are excited about adoption and believe they are ready to take the first steps, it is beneficial to understand everything that comes with the process, legally and emotionally. This is especially true when taking into account how long the adoption process can take. By being prepared, the adoption process and the initial weeks and months of parenting can move along more smoothly.
Source: The Atlantic, "5 Ways to Banish the Post-Adoption Blues," Hans Villarica, April 25, 2012
]]>The boy, only 14-years-old, suffers from a rare disease that has caused his skull growth to be abnormal. Already, the son requires surgery to reconstruct his skull and face. If the boy survives the risky operation, doctors expect that his recovery will last at least six months, during which time he will need constant care.
]]> The problem is that his father desperately needs surgery as well. Unfortunately, as a single parent, he will be unable to care for his son during the six to eight weeks he needs to recover from his own surgery. He would prefer to leave his son in the care of family, but most of his family is out of state, and the cost to bring them is prohibitive for him. This may mean that he may have to temporarily suspend his custody and put his son in foster care, something he does not want to do.While this is only one story, countless other Georgia parents are faced with child custody arrangements that are as heart-wrenching as this one. Though child custody deliberations can be very difficult, as always, the important thing to keep in mind is the children and what is best for them.
Additionally, parents going through divorce may want to consider the valuable lessons from this man's case. Though both parents may be health and willing to assume joint physical custody at the time of divorce, it is always important to plan ahead and consider important extenuating circumstances. For example, it is important to determine what will happen if a parent becomes temporarily incapacitated and finances or geography limit the other parent's ability to assume custody. Likewise, it's important to plan for custody arrangements should one parent pass away unexpectedly. As is the case with most divorce issues, planning ahead is essential.
Source: WTVR, "Terminally ill teen's dad now needs surgery; faces tough decision," Shelby Brown and Nick Dutton, April 18, 2012
]]>According to recent reports, well-known singer Seal and the supermodel Heidi Klum have both filed their divorce papers. Klum apparently filed first, and was followed by a separate filing from Seal. Observers note that this is not an unusual practice in a divorce and does not necessarily mean that the proceedings are contested.
]]> Both parties cited "irreconcilable differences" after being married for seven years. After Klum filed papers seeking joint legal custody with visitation rights for Seal, the singer filed his own paperwork, seeking joint physical custody of their four children, who range in age from two to seven. The difference in the language of the court filings has been attributable to a legal technicality, and a custody battle between the parties is not anticipated.Georgia's divorce laws the same way to all marriages, no matter how much money a couple has earned. The law provides both the husband and wife the tools and capabilities to use the court system to accomplish their often mutual goal of dissolving their marriage. In doing so, issues such as child custody, property division and support payments are typically addressed and resolved by the parties in an attempt to reach an equitable settlement.
It appears that Klum and Seal are well on their way to ending their marriage in an amicable manner that resolves outstanding issues and places the best interests of their children first. The couple has been forthright that they do not want things to become heated. This particular case demonstrates that divorce does not always have to end with a prolonged legal quarrel and could serve as a model for all couples who wish to part ways.
Source: People, "Seal Files Own Papers in Heidi Klum Divorce," Mike Fleeman and Ken Lee, April 10, 2012
]]>While not all divorces occur for this reason, a growing number of them are filed by members of the baby boom generation who wish to find greater happiness for themselves. Studies conclude that baby boomers are twice as likely to divorce their spouse as they were in 1990. The reason most frequently cited is to increase their personal happiness. After their children are grown and a coupleis by themselves, this causes many to reflect on their marriage and wonder whether they can spend the rest of their lives happily together.
]]> Though divorce is rarely an easy decision to make, for some couples it may be the best move. People who have spent 20 years or more with their spouse and suddenly find themselves out of a marriage may feel lost as they start a new life. Financially, many divorcing couples face issues as they begin to split multiple decades' worth of property between each other. For others, the divorce may affect the adult children.Divorce can be a tumultuous time for any couple and it's common for those starting out to feel overwhelmed. However, even with some complications, many Georgia partners are willing to undergo these challenges in order to find a fresh start. As they begin to take this path, it is hoped that they will find happiness after achieving a fair and equitable marital dissolution.
Source: Kansas City Star, "Generation Ex: Boomer couples are divorcing at a record rate," Rick Montgomery, March 31, 2012
]]>When couples decide to get divorced, it is likely that they will begin the process of living their lives separately, but much of their life is not legally or neatly divided. This can cause child custody or financial issues. Oftentimes, couples cannot determine temporary arrangements between the time they file for divorce and things are settled, so the judge will make these determinations for them in the interim.
]]> The judge reviews all the relevant documents and facts relating to a couple's divorce and then tries to create temporary orders that maintain the status quo whenever possible. In most cases, the arrangements established by temporary orders have little bearing on the final divorce settlement, but are just put in place to get the couples through the divorce process.The important thing to remember is that once a divorce is finalized, many aspects of a person's life will be different. When couples split they have to be able to support two households, rather than dealing with the financial realities of sharing most every aspect of their life.
When couples enter a divorce prepared to negotiate, they can work with their spouse and attorneys to create an agreement that best suits both individuals and any children they may have. By agreeing to sit down and forge a mutually-beneficial divorce settlement, couples can reduce the time between their divorce filing and the final settlement and also make the transition into post-divorce life as smooth as possible.
Source: The Columbus Dispatch, "'Temporary orders' apply before final divorce," Jeffrey A. Grossman and Andrew Grossman, April 1, 2012
]]>Ever since 2003, adoptive parents who adopt out of the U.S. foster care system have been eligible for an adoption tax credit. The credit allows these adoptive parents to receive up to $13,360 to spend in order to support their new adopted child. While many adoptive parents are not aware of the credit, it can often benefit adoptive parents in helping their child reach for their dreams, without straining the family as a whole.
]]> The credit, which can be claimed in the form of a refund check for the 2011 tax year, has been used for a variety of purposes. For some adopted children who are struggling with developmental problems, many adoptive parents use the money for therapeutic practices, including counseling, tutoring and even activities like horseback riding. Some adoptive parents choose to put aside funds for college, so as to give them the best possible start to their adult life. Beginning with the 2012 tax filings, though, the credit can only be realized in the form of non-refundable reduction of tax liability owed as opposed to a refund check.Currently, in the United States, around 107,000 foster children reportedly do not have permanent homes. For qualified Georgia residents who are interested in becoming adoptive parents, yet are concerned about the expenses, the available tax credit may give them hope as they prepare for adoption. In this way, they may be able to more adequately provide the best possible life for their newly adopted child.
Source: The Oregonian, "Tax credit program can help families afford adoption," Melissa Hart, March 26, 2012
]]>While this may at first seem to be a random statistic, many believe that there is a rationale behind the surge of divorces in March. At the start of the new year, many unhappy couples begin to reevaluate their relationship and decide that they are not the right fit with their partner. This can be a very difficult time because many people view divorce only as a failure, but the situation is often not that simple. During February, couples begin to plan how to split up in the least painful way and begin to hire divorce attorneys to help them through the process. March is the month where they finalize matters, set their affairs in order and finally file for divorce.
]]> While the new year can often cause Georgia couples to reevaluate their relationships, those critical self-examinations can occur at any time of the year for those who decide that divorce is the best option for themselves. Couples considering divorce or engaged in the process often find it painful and emotionally draining. However, it does not have to be contentious, and many couples are able to resolve their differences in a manner that makes the process bearable and achieves a mutually beneficial result.Source: CBS 4 WCCO, "Why Divorce Spikes In March," Chris Stanford, March 22, 2012
]]>It started off so innocently. The man had married his first wife in 2001 and had left her in 2009 without divorcing her, apparently changing his name as he did so. The man's first wife, not knowing that he had been remarried to another woman, was browsing on Facebook when a woman was suggested as a friend to her, based on the people that she knew. When she clicked the woman's profile and looked through her pictures, she saw wedding photos of her current husband with his second wife. Knowing they were married, she confronted her husband about his new wife.
]]> It turns out that the man said "I do" with the second woman in 2010 while he was still legally married to his first wife. Though the man asked his first wife to keep quiet so he could fix it, she reported it to state authorities who subsequently charged him with bigamy. He is due in court later this month. Why the first couple had not finalized a divorce after they separated was not revealed.While this may be an unusual case, it underscores that there can be advantages for couples who legally divorce each other. In this way, the ex-spouses are free to pursue their own relationships without the fear of legal repercussions. Though divorce can sometimes be a difficult journey, it is can be the best option for both partners after they have decided to end their relationship. For those in Georgia who are considering divorce, an understanding of one's rights and responsibilities under the law of our state may help ensure that the necessary legal steps are taken to dissolve a marriage when that is the intention of both parties.
Source: ABC News, "Facebook 'Friend' Offer Exposes Man's Other Wife," Manuel Valdes, March 10, 2012
]]>In the past, grandparents were denied visitation time with their grandchildren due to a parent's refusal to allow grandparents to see their children. Indeed, we recently reported on the complex dynamics of some grandparents' rights cases. The concept of granting grandparents court-ordered visitation rights in family law cases is a relatively new development. By establishing a law that specifically addresses visitation for grandparents, some legal struggles may be avoided down the road.
]]> In many cases, grandparents had been excluded from their grandchildren's lives after a custody dispute, even if they had spent considerable time with the kids. This bill sets a new standard for grandparents seeking visitation by opening the door to allow grandparents to spend an allotted amount of time with their grandchildren, 24 hours per month at a minimum, under certain circumstances.While this is a noticeable improvement for grandparents desiring to spend time with their grandchildren, there are still several gray areas in this matter. Though this bill encourages judges to grant more visitation rights to grandparents, it also entails that visitation would depend on a number of circumstances, such as whether the grandparent had financially supported the child or had regularly visited the child. Furthermore, the bill encourages judges to allow visitation, but judges are not required to order visitation rights for grandparents in every case. For Georgia grandparents who desire to spend time with their grandchildren, this legal reform may help them as they seek to remain active participants in the lives of their grandchildren.
Source: Savannah Morning News, "Grandparent visit rights backed under Ga. bill," March 7, 2012
]]>The judge decided in 2008 to remove child custody rights for what she described as the best interests of the children, partly because they cannot speak English fluently and also because they cannot legally drive in the country, making it more difficult to transport the children to their medical appointments. Their children, ranging in age from three to six, all have severe physical disabilities that require special care. In 2011, the judge terminated the couple's parental rights permanently.
]]> Since then, both national and international groups have come forward to help the couple overcome the social and economic barriers confronting the couple in Georgia. Still, that assistance did not sway the judge from recently denying a motion to reconsider her decision to terminating their parents' rights. However, this latest development has not deterred the couple. They have spent thousands of dollars over the last four years to regain child custody and will continue to fight, according to their attorney.Child custody can be a significant emotional struggle for all parties involved. In cases such as these where there may be a language barrier, it is important to seek assistance to help guide the family through the child custody process step by step. Litigation in family court is confusing enough to those who primarily speak English, and those that do not have an even more difficult burden in fighting to ensure that their children receive the love and attention they deserve.
At the heart of every child custody dispute is the need to preserve the best interests of the children, whether or not the case involves divorce. All five kids have spent the better part of four years in foster homes. Despite some obstacles, the parents are doing everything within their power to provide the kind of care the children need and may not be able to receive anywhere else.
Source: Times Free Press, "Dalton: Guatemalan couple's custody case drags on," Perla Trevizo, Feb. 18, 2012
]]>White is a successful wide receiver in the National Football League. Picked by the team in the first round of the 2005 NFL draft, he signed a six-year $48 million contract in 2009 to continue playing with the Falcons. While his football life is widely known by Falcons fans all over, a more private aspect of his life revealed itself when a woman came forward and claimed that she was the mother of his child. The woman, a banker in Georgia, filed a petition for a child support order to receive monthly payments for the benefit of their son.
]]> After determining that White was the biological father through a paternity test, the judge signed papers confirming the legality of the child support payments. White will pay $3,200 a month, a figure to which he consented before the court. He has also agreed to obtain a large life insurance policy with the child as a beneficiary and will pay for the mother's legal expenses in connection with the proceedings. In this way, he will be able to support the child that he fathered and contribute to providing a comfortable life for the child.This should be good news to those who are currently petitioning for child support payments in Georgia. Through the courts, it is possible to secure child support payments that can allow for both parents to provide what is needed for their child. Using knowledgeable legal representation can help both parents come to a fair decision as to how each parent can contribute to ensure the best for their child.
Source: The Atlanta Journal Constitution, "Falcons' Roddy White OKs child support," Christopher Seward, Feb. 25, 2012
]]>Up until about seven years ago, the two girls spent a considerable amount with their grandparents. After a business, co-owned by the girls' father and grandfather, went south, the relationship was never the same. Eventually, a feud erupted that tore the grandparents apart from their grandchildren.
]]> The couple brought their case to a local court, where they won visitation rights. However, the girls' parents appealed the decision to their state's Supreme Court and succeeded in preventing the grandparents from seeing the kids. The state high court ruled that the grandparents could not prove that there was a "compelling circumstance" to dictate the necessity of visitation. This was in accord with a state law that establishes such a requirement.In 2000, the U.S. Supreme Court ruled on a grandparents' rights case, in which they quashed a state law that significantly expanded grandparents' rights, even in instances when the parents did not comply. The top court denied a hearing for this particular case without specifying a reason why they did so.
Under the best circumstances, a family dispute would not have to reach the level of the Supreme Court, yet that is not always the case. Family relations can quickly become tense and immensely complicated. In some circumstances, visitation disputes become a contentious extension of other family quarrels. When dealing with visitation cases, such as this one, it's important to remember what is best for the children involved.
Source: Chicago Tribune, "US top court won't hear grandparents visitation case," James Vicini, Feb. 21, 2012
]]>Signing a prenuptial agreement removes a lot of the stress traditionally associated with divorce proceedings. Finances are often a source of contention in a marriage, and they can certainly become a contested issue in divorce. For that reason, a prenuptial agreement is simply a practical measure.
]]> One divorce professional remarked that "all marriages terminate, whether it is in divorce or death." A prenuptial agreement simply assures that your financial assets acquired during the course of a marriage go where they are supposed to, so a prenuptial agreement is in no way condemning a marriage before it begins.Many people are now choosing to get married when they already have an established career and financial assets. With that said, should a divorce occur, asset division becomes a lot more complex. A prenuptial agreement is essentially a measure of insurance to protect your assets.
One of the greatest benefits of a prenuptial agreement is that it can allow for a fair division of assets. By consulting with divorce attorneys, a couple can make arrangements to divide up their assets in the event of a divorce. This way, a potential divorce will not result in a bitter contest to determine who will receive financial assets and take responsibility for the home mortgage and other financial obligations.
It seems as though the long-held societal taboo over prenuptial agreements may be disappearing. In fact, a recent poll showed that nearly one-third of respondents would consider asking their future spouse about signing a prenuptial agreement. Couples are beginning to understand that in addition to love and companionship, marriage is also about joining financial assets. In a way, signing a prenuptial agreement is just as much a promise to your spouse as saying, "I do."
Source: Reuters, "When Valentines and prenups go together," Kathleen Kingsbury, Feb. 15, 2012
]]>