The Georgia Three-Step

We admit this title is not quite as catchy as the Texas Two-Step. However, for over half of Georgia families, a divorce is, or at least should be, a three-step process. About 54 percent of households are headed by a single parent, the mom and/or dad has been married before, the parents are unmarried, some or all children are stepchildren or adopted, and/or a grandparent or another nonparent is the primary caregiver.

These families face additional financial, emotional, and other challenges which, in many cases, are impossible to overcome. Most blended families don’t mesh together like the Brady Bunch.

At the same time, the moral acceptability of divorce hit an all-time high. So, instead of a last resort, many people now see divorce as a first option.

A Marietta family law attorney not only provides divorce services to these families, which is the focus of this post as well. Our legal team also addresses other matters, like standalone modifications, name changes, and parentage determinations. Regardless of the matter, we look for long-term, cost-effective solutions that are tailored to the needs of your family.

Prenuptial Agreement

Many people starting blended families use a premarital agreement not to make the next two steps easier (which is true), but to make them unnecessary.

Prenups are especially popular among Millennials. Most Millennials grew up in divided households, since the divorce rate was so much higher in the 1980s and 1990s. A prenup is an additional emotional bond that helps ensure the couple stays together. IN addition to making a vow, the spouses sign on the dotted line.

Georgia has yet to adopt the Uniform Marital and Premarital Agreements Act. But in most ways, Georgia laws mirror the UMPAA. For example, agreements are enforceable unless they are:

• Fraudulent: Prenups are usually fraudulent if one party withholds important financial or other documents which, had the other party known about them, would have changed his/her mind.
• Unconscionable: Courts almost never overturn prenups based on unconscionability, which is basically a one-sided contract that turns the stomach (e.g. I get all the assets and you get all the debts). So far, the Georgia Supreme Court has not decided any cases on this issue.

Other similarities exist as well. For example, prenups in Georgia, like prenups in UPMAA states, cannot address child custody or related issues. Courts must use the best interests of the children, not the best interests of the parents, when they decide such matters.

Nevertheless, prenups can address some issues in this area, such as inheritance and succession matters. Divorce cuts off these rights. If Mary wants to ensure that her stepdaughter takes over her dental office, she needs a premarital agreement.

Georgia adds some technical requirements the UPMAA omits. For example, two witnesses must see the spouses sign the prenup, they must file the agreement with the county clerk, and most importantly, each spouse must at leas have a chance to speak with a Marietta family law attorney.

Prenups may be modified at any time if financial or other relevant circumstances change. The same basic rules apply in these matters.

Marriage Dissolution

The Seven Year Itch is not just a so-so 1955 movie starring Marilyn Monroe. Most marriages that end in divorce last about seven years, or to be precise, about seven-and-a-half years. Like prenups, divorces address financial and emotional issues.

Property division must be equitable, which is usually, but not always, the same thing as equal. Under Georgia law, the divorce cannot be an unfair financial burden on either party. Some factors to consider include the length of the marriage, each spouse’s future earning ability, and the standard of living during the marriage.

Roughly these same factors apply in spousal support determinations. Alimony is only available if the obligee (spouse receiving support) has an economic need, and the obligor (person paying support) has the means to pay.

Child support is a bit more straightforward. The guideline formula is presumptively reasonable, in most cases. This formula takes several factors into account, mostly the proportional income of both spouses and the proportional number of overnight visits.

Speaking of visits, Georgia no loner has a joint custody law, so children no longer “live” with one parent and “visit” the other one. Instead, Georgia has a co-parenting law. This law presumes that children benefit from consistent and meaningful contact with both parents. The old standard visitation schedule (every other weekend and every other holiday) might or might not be sufficient.

Modification

A divorce is hardly ever “final.” Instead, most divorces lie dormant for two or three years. Then, relevant financial or emotional circumstances change.

When they change, the modified order must be in writing and approved by the judge. Informal side agreements are unenforceable in family court.

Changed financial or emotional circumstances could prompt a custody modification. Usually, the 10 percent rule applies. If a parent’s income has changed by at least 10 percent, or the proportion of overnight visits has changed by at least 10 percent, the court will consider a modification.

We should point out that child support increases are usually retroactive to the filing date. Child support decreases usually are not retroactive.

Similarly, financial or emotional changes could affect alimony awards. Income changes must be significant and also unexpected. The obligor’s retirement is not unexpected. As for emotional changes, if the obligee remarries, alimony terminates as a matter of law. If the obligee is in a marriage-like relationship, the judge could reduce or terminate payments.

In most cases, the property division cannot be altered. A Marietta family law attorney only has one chance to get it right. That’s the main reason this part of a divorce is usually very time-consuming.

A complete approach to divorce is the best approach. For a free consultation with an experienced Marietta family law attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.