Ideally, blended families in Georgia would mesh together like the Brady Bunch, and everyone would live happily ever after. Alas, life usually doesn’t imitate art, at least not in these situations. The second marriage divorce rate is significantly higher than the first marriage divorce rate. For many blended families, the additional emotional, legal, and financial obstacles are simply too large to overcome.
Emotionally, many couples believe they learned from the mistakes they made, and therefore a second marriage will be smooth sailing. An overly romantic view of a better-or-worse commitment was often the root of the problem in the first marriage.
A Marietta family law attorney cannot do much about these, and other, emotional obstacles. But legal and financial obstacles are our specialty. Before you say “I do,” we help ensure that your marriage has a strong foundation. Additionally, we candidly and professionally outline potential problems, so they don’t seem overwhelming if they strike.
Prenuptial Agreement
In the late 1990s and early 2000s, covenant marriages had their moment in the sun. Basically, each spouse waives the right to no-fault divorce. So, when trouble strikes, they agree to stick it out as long as possible. But the idea didn’t take off. Only three states (Louisiana, Arkansas, and Arizona) adopted covenant marriage laws.
Nevertheless, the principle is sound and deserves some consideration. A premarital agreement basically transforms a standard marriage into a covenant marriage. Something almost mystical happens when people sign their tax returns, traffic tickets, or prenuptial agreements. Most people take these matters much more seriously.
Furthermore, prenups have practical benefits for second or subsequent marriages, mostly in the areas of finances and inheritance/succession.
Financially, some people are spenders, and some people are savers. That’s how we’re wired. A prenuptial agreement addresses property division and other matters, so it effectively removes money matters from the equation, so these issues don’t have a chance to undermine your relationship.
Inheritance and succession matters are very important in subsequent marriages. Children from a prior marriage lose all inheritance rights when their parents divorce. A prenuptial agreement rectifies that issue and puts everything in black and white. Normally, a Marietta family law attorney also drafts wills, trusts, and other such documents to support the prenup.
Spousal Support
Georgia is rather unique among red states in that it allows periodic alimony. These payments equalize the standard of living between the former spouses. Usually, judges determine periodic alimony based on the length of the marriage, the income disparity between the former spouses, and a few other factors.
Remarriage immediately ends periodic alimony, or any other kind of alimony, as a matter of law. No ifs, ands, or buts. So, if Greg and Carol are dating and they depend on spousal support from Carol’s ex-husband, they may consider delaying their marriage. At the very least, they must make plans to live without that extra money.
They should also be aware that if Carol’s ex-husband learns about the closeness of their relationship, he could ask the judge to terminate spousal support based on their marriage-like relationship.
In this example, Greg’s alimony obligation to his ex-wife, if any, continues, whether he remarries or not. Continued payments are a sore spot for many second wives, who feel like they’re subsidizing their new husbands’ alimony payments.
Child Support
A parent’s remarriage doesn’t affect child support obligations. Additionally, a stepparent’s income isn’t a factor in child support amount calculations, at least in most cases. However, remarriage often affects the parenting time schedule, which is a child support allotment factor. More on that below.
Furthermore, when new step-parents adopt stepchildren, the biological parent no longer has any legal relationship with the child. As a result, child support obligations terminate as a matter of law. More on the below as well.
Parenting Time Division
Usually, the parenting time schedule is the most delicate part of a divorce order. Adding another family to these provisions makes the parenting time division even more complex, so strap yourselves in.
The new division is especially complex if the divorce decree includes a parenting time plan like block scheduling (the children spend two weeks with Parent A followed by two weeks with Parent B, for basically the entire year). The three Brady girls will have a hard time bonding with their new brothers if they’re gone for half the month.
Timing could have the same effect. If Greg and Carol get married in June, their children may immediately go their separate ways and, six weeks later, move in with total strangers.
Their exes could create trouble if Greg or Carol has a disability, especially a voluntary disability, like an alcohol or drug problem. If that’s the case, Greg’s ex (or Carol’s ex) could go to court and argue that the new environment endangers the children. If the judge agrees, primary custody flips.
On a related note, subsequent marriages usually involve physical relocations. Most families want to start anew in “our” house. Once again, Greg’s ex or Carol’s ex could block that relocation, if the relocation isn’t in the child’s best interests.
You can probably see why Greg’s and Carol’s former spouses were dead. No TV writers, especially in the 1970s, wanted to mess with all this stuff.
Termination-Adoptions
We’re almost finished. We touched on step-parent adoptions above. Usually, step-parent adoption is basically a formality in Georgia, if a Marietta family law attorney takes care of one important detail first.
Before Greg adopts Carol’s three very lovely girls, a court must terminate the parental rights of Carol’s ex. Termination is a two-step process. First, the petitioner must show grounds for termination, which in this case is usually a voluntary waiver. Second, the judge must determine that termination is in the child’s best interests.
If Carol’s ex-husband voluntary terminates his parental rights, and the judge approves, Greg is now dad for all purposes. Carol’s ex is off the hook for child support, and he has no legal visitation rights whatsoever. Additionally, if Greg and Carol divorce, Greg is financially responsible for Carol’s three very lovely girls.
Frequently, children in these situations aren’t very close to the ex-spouse. However, if they are close, many ex-spouses won’t voluntarily terminate their parental rights. That’s a very big step.
If that’s the case, Greg and Carol have basically two options. A Marietta family law attorney could file a petition to involuntarily terminate Carol’s ex’s parental rights. This petition only succeeds if Carol’s ex is a complete and hopeless deadbeat in the eyes of the law. That’s a pretty big “if.”
Option number two is a name change petition. Carol’s ex might agree to this move, and even if he doesn’t, the judge would most likely approve it anyway. Name change petitions ensure that everyone in the house has the same last name, so the family feels more like a family.
With a little effort, blended families can usually make it work. For a free consultation with an experienced Marietta family law attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
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