Atlanta Divorce Attorney

What Are The Grounds For Divorce?

2012-02-06T12:00:00.000-08:00

In Georgia, there are 13 grounds (or legal bases) for divorce.

One of those 12 grounds is that the marriage is irretrievably broken. A divorce that is based on the marriage being irretrievably broken is sometimes referred to as a “no-fault” divorce, because neither party is determined to be at fault in causing the divorce.

The other 12 grounds for divorce in Georgia are:

Intermarriage to a person to whom you are related,
Mental incapacity at the time the marriage occurred,
Impotency at the time the marriage occurred,
Force, menace, duress, or fraud in obtaining the marriage,
Pregnancy of the wife by another man at the time of the marriage, which was unknown to the husband,
Adultery by either party after marriage,
Desertion by either party for at least one year,
A criminal conviction for an offense involving moral turpitude, for which the prison sentence is two years or longer,
Habitual intoxication,
Cruel treatment,
Incurable mental illness, and
Habitual drug addiction.

An individual can choose to file for divorce based on more than one of the grounds. However, most couples will choose to file a no-fault divorce, which is considered the easy way to obtain a divorce. In a no-fault divorce, the parties aren’t required to prove the truth of the wrongdoing by one spouse – one party simply alleges that there is no hope of reconciliation.

Do you have any questions about the grounds for divorce in Georgia? If so, contact Atlanta Divorce Attorney Shalamar J. Parham at 678-439-1482. She will help you decide the best steps to take in your particular legal situation. Call her today to learn more. www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Common Sense Tips for Co-Parenting

2012-01-30T09:00:00.000-08:00

Parenting is hard work and co-parenting is even more work because you have the added layer of complexity of parenting from two separate households. This does not mean that co-parenting is impossible. There are some common sense tips to making co-parenting easier for the parents and the children.

1. Check your anger and keep your children's best interest number one. Breaking up with your ex is a painful process that brings on anger and resentment towards your ex. One of the most damaging things you can do to your children is to ruin their relationship with their mother/father because you are angry with your ex. Children need both parents even if their parents are not meant to be together.

2. Learn to communicate with your ex. Communication is key to co-parenting successfully. Life is unpredictable and co-parenting is no exception. Events in life will occur that will interfere with your usual routine of co-parenting and emergencies arise. Being able to easily communicate with your ex in order to find a reasonable solution will make it much easier for you to co-parent and make it easier on the children. Communicate whatever way is best for you and your ex whether it be by telephone, text messages, or email. Just keep the lines of communication open.

3. Don't disparage your ex to your children. Turning your children against their other parent and damaging that important relationship does no good to your children. Further, children are able to recognize that this is happening the older they get and will come to resent you for damaging the relationship. This is a no-win strategy in co-parenting.

For your divorce or child custody consultation, contact Atlanta Divorce Attorney, Shalamar J. Parham at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM, LLC

How Not to Use Facebook During Your Divorce

2012-01-23T11:32:00.000-08:00

The feeling of acceptance when seeing people "like" and comment on your status can be addictive. It's no wonder millions of people use social media sites such as Facebook and Twitter.

It's for that same reason that I investigate my clients' spouses using Facebook and Twitter as a matter of routine. I am looking for

· comments about the mistress/misteress,

· drunken pictures that show why the spouse should not have custody,

· evidence that contradicts their testimony in court, and

· basically anything else that undermines the spouses' divorce and custody case.

Don't make a simple mistake that can cost you unnecessary time, money, and aggravation defending your divorce and custody case by sharing too much on social media.

For your divorce consultation contact Atlanta Divorce Attorney, Shalamar J. Parham, PARHAM LAW FIRM LLC at 678-139-1482 / www.atlantaattorneydivorce.com.

Coping With Divorce

2012-01-16T09:00:00.000-08:00

Whether the decision to end your marriage was yours or your spouse's, divorce can bring on painful feelings and irrational behavior. Because of the pain, you may want your spouse to lose everything and hire an aggressive divorce attorney to take everything from your spouse. However, irrational behavior can be used against you in court.

While your divorce attorney is available to speak with you regarding your feelings, your divorce attorney has invested 3 years in law school to deal with the strategical aspects of navigating the law and judicial process for your benefit and not how to help you cope with your feelings. An experienced therapist or counselor will be invaluable to get you through your divorce so that you will not make irrational decisions that will harm you in court during the divorce process. A competent attorney that has your well-being in mind will advise you from the initial consultation to add a therapist or counselor to your team to get you through your divorce.

*** The links below are for general information only and are not endorsed by Parham Law Firm LLC.

http://helpguide.org/mental/coping_divorce_relationship_breakup.htm

http://powertochange.com/discover/sex-love/lifedivorce/

http://divorcesupport.about.com/od/healingyourpain/ht/healingpain.htm

Contact Atlanta Divorce Attorney Shalamar J. Parham for your consultation regarding a divorce at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

After the Divorce, Will I Lose My Health Insurance?

2012-01-08T16:51:00.000-08:00

Not necessarily, BUT you must be mindful of the federal laws governing health insurance.

Under most health insurance plans, an insured can add their dependents (i.e., spouse and children) to their coverage.

After a divorce, generally the minor children may remain covered under the plan with no issues.

However, after a divorce, the former spouse is no longer a dependent and therefore is no longer eligible to be part of the health insurance plan. In order for the coverage not to be interrupted, the former spouse will need to enroll for COBRA coverage and pay all of the health insurance costs, which can be quite costly considering the fact that employers pay up to 90% of the health insurance costs for employees and their dependents. Even then the former spouse can only maintain coverage a specific time period set forth under the federal COBRA laws.

Careful planning and drafting of the Settlement Agreement is necessary to avoid a disruption of your coverage if obtaining your own health insurance after the divorce is an issue for you.

The above is for general information only and is not legal advice. For your consultation, contact Atlanta Divorce Attorney, Shalamar J. Parham, at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

The Baby's Not Mine: Don't Get Caught In A Money Trap

2012-01-02T09:00:00.000-08:00

Fathers (potential fathers), if there is any doubt about your child's paternity ignoring the issue can leave you on the hook for paying child support for a child that is not biologically yours.

In Georgia, you are responsible for paying for child support for a child when there is a child support order in place. A child support order can be granted when the custodial parent requests child support from the court and when a couple with minor children divorce.

· You can contest a child support order being granted by requesting a DNA test. If the DNA test shows that you are not the father then you have a viable defense for not paying child support. Once a child support order is granted, you are legally obligated to pay child support even if the child is not yours.

· If you and the mother signed an Acknowledgment of Paternity and/or Acknowledgment of Legitimation or if you have petitioned the court to legitimate the child then you have a stronger burden to carry in convincing the court why you should not be obligated to pay child support.

· If you are currently going through a divorce and you believe that your child is not biologically yours then you will have to request the Court to declare that you are not the child's biological father. If you obtain a divorce without the Court declaring that you are not the biological father then you are legally obligated to continue to pay child support even if the child is not yours biologically.

Don't sit on your rights or it can cost you $THOUSANDS.

The above is meant for general information only and is not legal advice. If you have questions regarding your child support issues, contact Atlanta Divorce Attorney, Shalamar J. Parham, 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Can I Sue My Spouse For Cheating on Me?

2011-12-26T08:43:00.000-08:00

Not in Georgia.

If a person could sue for having their heart broken because their spouse cheated, the courthouses would undoubtedly be backlogged with lawsuits. However, adultery is an issue that can be brought up in your divorce. Adultery is one of the grounds for divorce in Georgia. Also, un-condoned adultery is a defense to having to pay your cheating spouse any alimony.

If you have any questions regarding your divorce, contact Atlanta Divorce Attorney, Shalamar J. Parham, for your consultation at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Surviving the Holidays After a Divorce

2011-12-19T18:28:00.000-08:00

Individuals who have recently divorced may be feeling sad about the holiday season instead of feeling excitement and joy, especially if they have young children.

There are steps you can take to make the season better.

The best thing to do is plan ahead. Think through situations that could potentially arise over the holidays, and figure out in advance how you will deal with those situations. If you have children, custody issues for the holidays have probably been decided, but plan a way to make the transition as smooth as possible for the kids.

Start fun new family traditions to replace the old ones that may remind the child that a parent is not there. If you think the holiday season will be too painful, consider taking a vacation.

Take care of yourself during the holidays. This includes not only rest, eating right, and exercising, but also taking time to pamper yourself and relax. If there will be blocks of time over the holidays in which your children will be with your former spouse, plan some activities you enjoy in advance, so you are not left alone thinking negative thoughts. Confide in family members or friends and let them know what your needs are.

Remember this holiday season that you aren’t alone – about half of all marriages end in divorce. Also keep in mind that the first holiday season following a divorce is the hardest, and it only gets easier as time goes by.

For your consultation contact Atlanta Divorce Attorney Shalamar Parham at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Am I Entitled to a Portion of My Spouse's Retirement Benefits After Divorce?

2011-12-12T08:40:00.000-08:00

Georgia is a fair and equitable state and not a 50/50 community property state like California.

What this mean is that you are not automatically entitled to 50% of community property accumulated during the marriage (i.e., your spouse's retirement). Instead, the court looks at the totality of the circumstances, including:

how long you have been married,
whether you have any children together,
who paid the bills during the marriage,
your ability to earn income after the divorce, etc.

If you and your spouse agree to split up the retirement benefits or the court orders that the retirement benefits be split then a Qualified Domestic Relations Order ("QDRO") will need to be entered. Retirement plans are governed by federal laws and can only be divided amongst divorced spouses via a QDRO. A QDRO may be entered simultaneously with the divorce decree or after the divorce decree.

If you have any questions regarding your divorce and property settlement, contact Atlanta Divorce Attorney, Shalamar J. Parham, for your consultation at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

If I am Sued for Divorce, Can I Counter-Sue and on What Grounds?

2011-12-05T08:37:00.001-08:00

Yes, you have the right to file a counter-claim if you are sued for divorce. You can sue on any of the thirteen grounds in Georgia that apply to your situation.

Enter marriage by persons within the prohibited degrees on consanguinity and affinity.
Mental incompetency at the time of the marriage.
Impotency at the time of the marriage.
Force, menace, duress, or fraud in obtaining the marriage.
Pregnancy of the wife at the time of the marriage unknown by the husband.
Adultery of either of the parties after marriage.
Willful and continued desertion by either of the parties for the term of one year.
The conviction of either party for offense involving moral turpitude in under which he or she is in sentenced imprisonment in the penitentiary for a term of two years or longer.
Habitual intoxication.
Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justified apprehension of danger to life, limb, or health.
Incurable insanity.
Habitual drug addiction.
The marriage is irretrievably broken.

If you have any questions regarding your divorce, contact Atlanta Divorce Attorney, Shalamar J. Parham, for your consultation at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Can I Get Divorced If I Can't Find My Spouse?

2011-11-28T08:32:00.000-08:00

Yes, you can obtain a Divorce By Publication.

To obtain a divorce by publication,

You must first satisfy the Judge that you have taken reasonable steps to locate your spouse.
If the Judge grants your request to divorce your spouse by publication then a notice of the divorce runs in the local paper for 4 weeks.
If your spouse does not respond to the ad by the deadline then you may ask the Judge to grant your divorce.

The judge will be able to grant the divorce and division of marital property (located within Georgia), but the Judge will not be able to order your spouse to pay child support or alimony.

If you have any questions regarding your divorce, contact Atlanta Divorce Attorney, Shalamar J. Parham, for your consultation at 678-439-1482 www.parhamlaw.net.

Can We Use the Same Divorce Attorney?

2011-11-21T08:31:00.000-08:00

No.

Ethically, the divorce attorney can only represent you or your spouse. The attorney cannot adequately represent both of your best interests since you and your spouse's interests are usually in direct conflict during a divorce.

Use due caution if you choose to represent yourself in a divorce. It is advisable that you consult with an attorney to review the Settlement Agreement. You may be waiving your rights or you may be subjecting yourself to negative and expensive consequences in the future by the way the Settlement Agreement is drafted.

If you have any questions regarding your divorce, contact Atlanta Divorce Attorney, Shalamar J. Parham, for your consultation at 678-439-1482 www.parhamlaw.net.

Should You Expect Monogamy in Your Marriage?

2011-11-14T06:48:00.000-08:00

Infidelity is one grounds for divorce in Georgia. Some cheating spouses enter into marriage with no intent on being faithful and others falter sometime later in the marriage.

MARRYING WITH INTENT TO CHEAT

Why would you get married before you are ready for monogamy?
But more importantly, why would you not notice your spouse is not ready for monogamy before getting married?

This is one issue that can be addressed by the couple taking their time and actually getting to know each other before getting married. It’s a morally corrupt and insensitive jerk that gets married before they are ready for monogamy. It is no surprise that this jerk is getting married for completely selfish reasons:

Need to please society by upholding a certain image
Desire for financial security that their partner can provide
Need to have a companion
Bored with only one partner or find their partner boring in bed

While it is not the faithful partner’s fault that their spouse is an insensitive jerk, there are usually signs that they have ignored or the naivety that their partner will change after marriage.

Breaking up is easier to do before marrying than after. It is less of an emotional and financial strain. Do not ignore the signs and definitely do not rely on the fact that your partner will change their cheating ways after marriage. A good couples counselor should be able to help identify the problem and help you to make the right decision before marrying a cheater.

MARITAL PROBLEMS AND INFIDELITY

Others cheat when marital problems arise during the marriage.

Financial problems
Communication breakdown in marriage
Spouse has stopped doing what they were doing in the beginning
Stress of raising children
Intimacy has become non-existent

There was a time when wives would stay with their cheating husbands because their husbands were taking care of the bills and helping to raise the children. This is no longer the case for many women. Again, a good couples counselor can help you to work through these problems to prevent infidelity. The issue for many couples is overcoming the stigma that counseling is only for the weak and mentally ill.

We as a society need to remember that the institution of marriage is the backbone to American families and to be more thorough in the decision making process of whether to get married.

If you are thinking about divorce, contact Atlanta Divorce Attorney Shalamar Parham at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Financial Planning and Divorce

2011-11-08T17:22:00.000-08:00

Divorce is often times a highly emotional event and parties tend to make decisions based on their emotions that just don’t make financial sense. When planning for a divorce or during the divorce process, educate yourself on your financial situation. Make a list of all of your marital assets and debts. Know what your legal rights are to property division, debt division, child support, and alimony. Also, it may be worth the investment to hire a financial planner to be part of your team in order to assess the value of your property and to advise you on any potential tax consequences of your decisions. Furthermore, your financial advisor will be able to help you create a new financial plan post-divorce. Remember, your attorney probably does not know or fully understand all of the tax consequences of your decisions and is not trained to help you create a financial plan. Divorce can be a costly process and the more you educate yourself, the better off you will be in the long run.

The above is for general information only and is not legal advice. Contact Atlanta Divorce Attorney Shalamar J. Parham at 678-439-1482 / www.parhamlaw.net for legal advice related to your specific case.

Legitimation: I Signed the Birth Certificate, How Do I Get Custody or Visitation Rights?

2011-11-03T14:55:00.001-07:00

In the State of Georgia, a father has no legal rights related to their child unless the father is married to the mother of the child or legitimizes the child. Signing the birth certificate alone does NOT provide a father any legal rights related to their child. This means the child loses many rights to inherit from his father and vice versa. Further, the father does not have a legal right to visitation with the child and the father cannot petition the court for custody. In order to establish legal rights to the child, the father must marry the mother, complete an Acknowledgment of Legitimation form with the mother’s consent before the child’s first birthday, or petition the court to legitimate the child. Notwithstanding the above, a father of an illegitimate child may still be responsible to provide child support for the child’s benefit.

The above is for general information only and is not legal advice. Please contact a family law attorney for legal advice in your specific case.

Shalamar J. Parham, Atlanta Divorce Attorney

678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

Divorce Insurance to Temporary Marriages to Prenupts: Is Our Society Better or Worse With These Easy Outs?

2011-10-24T14:56:00.000-07:00

Last year an insurance company in North Carolina released “the world’s first divorce insurance product.” The company claims this product eliminates the risk of your future ex-spouse from raiding “raiding those investments [i.e., savings accounts] and taking it all. And then with all the money gone, you’re left with all the legal bills.”

Now, lawmakers in Mexico City are considering passing a law that would allow for temporary marriages. If the law is passed, newlyweds can contract to stay married for a minimum of two years before deciding whether to finalize the marriage or to break up.

And of course we all know from all of the celebrity breakups that couples can contract how to dissolve their marriage before ever getting married with a prenuptial agreement.

With all of these tools and conveniences for couples to split up after marriage, I wonder why couples get married in the first place. Traditionally, marriage has been either a sacred religious sacrament or a social and economic deal depending on the religion and culture. In any event, marriage was thought of something is not to be entered into lightly considering the intent is to remain married and procreate.

As time passes and the attitudes and opinions of society changes, I am noticing a growing trend of couples entering into marriage without much thought and are seeking a divorce after only six (6) months. And I am seeing this growing trends from couples that do not have divorce insurance or prenuptial agreements. Instead of companies and lawmakers trying to create innovative new products to produce income from the growing trend of couples getting married haphazardly, our society would only benefit if we go back to the traditional and start respecting marriage as an important decision. Even with divorce insurance, prenuptial agreements, and even temporary marriages, hearts are broken and children are hurt when marriages end.

Just my thoughts on the matter.

Atlanta Divorce Attorney Shalamar J. Parham, 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

I Owe $Thousands of Back Child Support Because I Lost My Job: What Can I Do?

2011-10-17T14:57:00.000-07:00

If you are court ordered to pay child support and you involuntarily lose your job or have an involuntary loss of income, do not sit around and do nothing for too long. Sitting on your rights can cost you THOUSANDS of dollars. Instead, file for a modification of your child support obligation as soon as possible. Child support arrearages will continue to accrue even if you have lost your job if you have not filed a modification case. Once arrearages have accrued, the likelihood to reduce the arrearages are not in your favor.

If you need more information regarding your child support modification, contact Atlanta Divorce Attorney, Shalamar J. Parham at 678-439-1482 / www.atlantaattorneydivorce.com / PARHAM LAW FIRM LLC

I Have to Move Out-of-State For My Job, Will I Lose Visitation Rights?

2011-10-10T15:01:00.000-07:00

During these harsh economic times, more parents find themselves in the position where they need to move out of state in order to keep their current positions or to find a job that will allow them to support themselves. This move is made more difficult when you have to leave your children.

Practically speaking, it will no longer be feasible to see your child(ren) every other weekend and during your usual mid-week visitation. This does not mean that you will lose all of your visitation rights. You may seek to modify your visitation schedule and request your child(ren) during more of their breaks from school, i.e. Fall Break, Winter Break, Spring Break, Thanksgiving, Christmas, and Summer breaks. Also, you may find the investment in purchasing your child(ren) a computer, a webcam and internet service so that you and your child(ren) can skype each other well worth it because you will be able to “see” your children during the periods you are away from them.

If your circumstances have changed and you need your visitation rights revisited, contact Atlanta Divorce Attorney, Shalamar J. Parham at 678-439-1482.

How NOT to Behave During Your Divorce

2011-09-26T15:02:00.000-07:00

Divorce is hard. You do not have to make your divorce harder on yourself. There are some common missteps that you can avoid if you keep a clear head and do not let your emotions control your behavior. Below are some actions you should avoid:

1. Don’t flaunt your new lover around town and especially not your kids. Divorce is emotional. Flaunting your new lover around will infuriate your spouse. Why make your spouse more angry and less agreeable when negotiating the terms of your divorce? Unnecessary drama can be avoided by keeping your new lover away until after the divorce. (The issue that you should not have a new lover while still married is another topic).

2. Don’t post your dirt on FaceBook, MySpace or any public internet forum. Yes, your spouse will find the dirt that you posted for the world-wide web to see. Yes, your spouse will use your dirt against you in the divorce. This includes pictures of you and your new lover, you getting drunk with the kids in the house, your posts about doing drugs, the new car you just bought behind your spouse’s back, the lavish vacation you just took using marital funds, you slandering your spouse and so on…

3. Don’t Start Transferring Assets or Depleting Your Bank Accounts. Most divorcing parties do not want their soon-to-be ex to receive more than their “fair share” of the marital assets. One reaction to divorce is the urge to transfer assets to family members and hiding monies. This is not a wise move as it will cause you to lose assets in the end. The Courts will not look favorably to these shady transactions and will likely undo the transactions and award the assets to your spouse.

4. Don’t take your legal advice from family and friends. This can be very tempting. After all, you solicit advice for everything else from your family and friends before making decisions. Your family and friends mean well, but you have to understand that do not fully understand your legal circumstances. They may think your situation sounds a lot like theirs but without legal training, it is almost impossible to know what facts (sometimes small and minute) make a difference in the legal system and in your case.

These are just some of the ways that you can avoid making your divorce more difficult for yourself. If you are contemplating a divorce, contact Atlanta Divorce Attorney, Shalamar J. Parham at 678-439-1482.

I Can Prove My Spouse Had An Affair, Do I Still Have to Pay Alimony?

2011-09-20T15:08:00.000-07:00

No, if your spouse’s adultery is the cause of the breakup of your marriage then you have a viable defense to paying your cheating spouse alimony.

If you cannot prove adultery, the Court looks at the following factors in determining whether your spouse is entitled to alimony from you:

(1) The standard of living established during the marriage;

(2) The duration of the marriage;

(3) The age and the 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 sufficient education or training to enable him to find appropriate employment;

(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;

(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and

(8) Such other relevant factors as the court deems equitable and proper.

If you are facing a divorce and alimony is an issue, contact Marietta divorce attorney, Shalamar J. Parham at 678-439-1482.

Domestic Violence, Religion and Divorce

2011-09-12T15:09:00.000-07:00

The decision to divorce one’s spouse is a difficult one to make especially when religion is part of the decision-making process. Many religions look negatively on divorce and some even prohibit divorce altogether. What do you do when you are part of a religion that does not condone or prohibits divorce but you are a victim of domestic violence?

Domestic violence is a problem that all too many families face. From my experience of helping victims of domestic violence to obtain protective orders against their abuser, I commonly hear the same story. That the victims are ashamed and often times embarrassed that they have allowed the physical and mental abuse to continue for so long and that they have continued to stay married to their own abusers. However, there is something empowering to these same victims when the Judge orders their abuser not to contact their victim for 12 months or face criminal prosecution. These victims stop feeling scared, stop feeling ashamed and embarrassed and gain the strength to finally say, “Enough is enough and I want a divorce!“

I don’t often give my own personal opinion on any legal issue (well never, actually) but on this issue I can’t help myself. I don’t believe that it was ever meant for any person to stay married to someone that purposefully raises their hand to hit, beat or punch their spouse. I don’t think it was intended for any person to stay married to someone that has little or no regard for their spouse’s life and would literally kill their spouse if “provoked.” (I use the word “provoked” very loosely). I don’t think that any religion means for its followers to abuse and misinterpret its teachings in order to perpetrate such physical and mental abuse towards their own spouse. After all, so-called Christians used the Bible to justify slavery and the lynching of blacks and now in 2011 we agree that those so-called Christians abused and misinterpreted the teachings of the Bible.

Domestic violence is a serious issue affecting too many families today, but you don’t have to continue living in the cycle. If you are contemplating divorce to escape the abuse, contact Marietta divorce attorney Shalamar J. Parham at 678-439-1482.

Protecting Your Assets And Financial Future During Your Divorce

2011-09-06T15:11:00.000-07:00

Not a surprise for most people, but divorce can be an emotionally and financially draining process. With a little bit of planning, you can help to minimize the loss of your assets and protect your financial future.

1. Fully Disclose Your Assets and Financial Picture to Your Attorney. Your attorney is your legal advocate and needs to know your whole financial picture in order to advocate for your equitable share of you and your spouse’s assets and debt division. If you are contemplating hiding assets from your spouse, reconsider. Taking this approach will hurt you more than it will help you. Purposely hiding assets from your spouse, will make it harder for you to keep your assets as the Courts do not look highly on fraud. Whenever your purposeful concealment is discovered, you can expect further litigation which likely will not end happily for you.

2. Discuss the Option of Bankruptcy With Your Attorney. Many parties have credit card debt and loans at the time of their divorce. If bankruptcy is even a possibility, discuss this issue with your attorney. The timing of your divorce and the distribution of your assets and debts all will affect your bankruptcy if you indeed decide bankruptcy is the best financial decision for you. Without the proper planning, you risk obligating yourself to repay debts in a bankruptcy that normally would be dischargeable.

3. Add a Financial Planner to Your Team of Experts. While your divorce is the end of your partnership with your spouse, it is also the beginning or your new life. Your divorce can set you up for financial failure in your new life without the proper planning. By adding a financial planner to your team, you can set up your new budget, determine if trusts are appropriate to deter or minimize taxes, determine the tax consequences of paying or receiving alimony, and determine if any other legal steps need to be taken to minimize your tax liabilities in the future.

If you need legal advice regarding your divorce, contact Marietta Divorce Attorney, Shalamar Parham at 678-439-1482.

How Long Will My Divorce Take?

2011-08-22T15:12:00.000-07:00

The answer to this question depends on you and your spouse’s ability to reach an agreement as to how to handle the dissolution of your marriage. If you and your spouse are able to reach an agreement regarding how to divide your assets and debts, child custody, child support and alimony, and whatever issues may be important to you and your spouse then you may be divorced and start your new life in as little as 31 days after filing your divorce papers.

However, if for whatever reason you and your spouse cannot reach an agreement your divorce can take months or even years. If a mutual agreement cannot be reached before filing your divorce papers then you must proceed on the litigious track. In other words, you will follow the formal procedures to discover information on each other (discovery period lasts for six months unless shortened or lengthened by the Court), attend mediation, and then have a trial if you and your spouse still cannot agree on the terms of the dissolution of your marriage.

Do you have questions about your divorce, contact Atlanta Divorce Attorney, Shalamar J. Parham at 678-439-1482. The above is just for general information is not meant to be and should not be construed as legal advice.

Can I Change Back to My Maiden Name in My Divorce?

2011-08-15T15:25:00.000-07:00

Yes, and this is usually the most efficient and least costly way to change back to your maiden name. If you desire to have a fresh start after your divorce and change back to your maiden name then you would ask the Court to grant you your name change and submit the name change in your proposed Final Judgment and Decree. If you do not do this at the of your divorce, you can still obtain your name change but it will cost you a little extra money. To change your name after your divorce is final, you must file a Petition with the Court to ask for a name change and pay a new filing fee.

If you have questions about your name change or divorce, contact Marietta Divorce Attorney Shalamar J. Parham at 678-439-1482.

I Have Decided to File for Divorce, Now What?

2011-08-08T15:26:00.000-07:00

Making the decision to divorce your spouse is an emotional and difficult one to make. Once you have made that decision, you may be apprehensive about the divorce process.

Essentially, there are two separate divorce processes: Uncontested v. Contested.

Uncontested: An uncontested divorce is one where you and your spouse have agreed on all the terms of the dissolution of your marriage. There are no issues left that you and your spouse disagree about. Most times, an uncontested divorce is more cost effective than a contested divorce because you are not arguing over anything.

First, you will meet with you attorney and discuss the terms of the divorce. Your attorney will draft the Settlement Agreement and necessary child support documents if there are minor children. You and your spouse will read and sign the documents. It is not necessary that you sign the documents at the same time. Once everything has been signed, your attorney will filed the divorce papers with the Clerk of the Superior Court. After thirty-one (31) days, the file may be sent up to the Judge for his/her review. In some counties, you do have to make a court appearance in order to have the Judge sign your divorce decree. Once the Judge signs the divorce decree you are officially divorced.

Contested: In a contested divorce you and your spouse cannot agree on all the terms of the dissolution of your marriage. A contested divorce lasts considerably longer and is more costly than a uncontested divorce.

The first step is to meet with your attorney and discuss the issues and what outcome that you would like to see. Then your attorney will draft the documents and have your spouse served by the sheriff. After your spouse files his/her Answer, the “discovery” period of the case begins and lasts for 6 months. During the discovery period you and your spouse will be permitted to submit written questions to each other, request documents from each other and non-parties to the case, and ask each other questions in person under oath. Also, during the discovery period, you and your spouse will attend a mediation session. If you and your spouse just cannot reach an agreement then you will have a trial where a judge and/or jury will decide the terms of your divorce.

This blog is for general information only and is not intended to be legal advice. If you need help your divorce, contact Marietta divorce attorney Shalamar J. Parham at 678-439-1482.

Do I Need An Attorney?

2011-08-01T15:27:00.000-07:00

Yes, in most instances.

These days legal forms are readily accessible to everyone and many times the forms are free of charge on the various Courts’ websites. It is common to find divorce and legitimation forms online. Obviously, you do not need legal training and education to complete boilerplate forms. If you have a boilerplate issue then the forms are likely to work for you. However, most problems are not boilerplate and without legal training and education it is almost impossible to know what issues or potential problems that may rise in your situation.

When deciding to retain an attorney it is important to remember that you are not paying for the attorney’s ability to complete legal forms. (Anyone can do this). You are paying for the attorney’s expertise in the area in order to analyze and strategize how to best achieve the outcome that you desire and to avoid potential problems after the case is over.

It is not uncommon for a non-custodial parent to be over-paying on child support or alimony simply because he did not know that he could receive a credit for certain items. Further, it is not uncommon for a visitation schedule to be written with ambiguities leaving the interpretation of the visitation schedule up for debate later on in Court. In many instances, people that represent themselves waive their legal rights and this can lead to detrimental results.
It is always in your best interest to at least consult with an attorney so that you may have a better grasp of your legal situation.

Have a legal issue that you need to discuss with an attorney? Contact Marietta attorney, Shalamar J. Parham at 678-439-1482.

What’s the Difference Between Legal Custody and Physical Custody?

2011-07-18T15:29:00.000-07:00

Legal custody refers to the authority to make decisions for your children in important issues in their lives, such as schooling, religion, and medical. Physical custody refers to the time the children spend living with you.

In divorces, usually both parents are given joint legal custody, which means they must work together on important issues to reach a decision on what’s best for the child, or go back to court for a judge to decide. Joint physical custody arrangements are becoming more and more common. In most cases, if you are divorcing, you should request joint legal custody of your minor children, even if it’s not possible for your children to live with you. Joint legal custody will give you the power to make decisions regarding their welfare, which could become vitally important. If your former spouse decides he or she wants to, for example, move your children across the country, it may be difficult to prevent if you have not retained any legal or physical rights to the child.

So what happens if you ever decide you want to change your custody arrangement? If you anticipate such a situation ever arising, it’s important to take some steps now. First, keep the lines of communication with your former spouse open. It’s much easier to modify a custody arrangement if both spouses agree. Document all time you spend with your children, and don’t ever miss visitation – courts do not look favorably on parents who miss much of their visitation time and then petition to get an increase in custodial time. Finally, document the reasons for wanting a change.

Are you unhappy with your custody arrangement? Are you unsure about what custody to seek in your divorce? If so, contact Marietta divorce attorney Shalamar Parham at 678-439-1482. She will use her significant family law experience to help guide you through the custody process.

Tax Issues to Consider When Going Through a Divorce

2011-07-05T15:30:00.000-07:00

Divorce is a painful topic for most individuals. Taxes aren’t much fun either. When you combine those two issues together, a root canal could be considered more fun. However, if you keep in mind some basics about the tax issues surrounding a divorce, the process of filing taxes while you are divorcing becomes much easier.

Claiming dependents – On a married couple’s return, they get special deductions and/or tax credits for their dependent children. When you are divorcing or divorced, the custodial parent gets the deductions or credits, unless he or she agrees to let the non-custodial parent have it.

Selling your home – If one spouse transfers his or her interest in the family home to the other spouse due to a divorce, no taxable gain is recognized on the transfer. You may have to work out with your divorce attorney or accountant who receives interest and tax deductions while you are in the process of divorcing.

Tranfers of property other than the family home – Property transfers that are made because of a divorce usually are made without income tax consequences. There are some special circumstances, such as if the property is transferred to a trust or if the property will be used in a different manner than before the divorce.

Filing joint or separate returns – It’s usually best to file joint returns if both spouses will agree. Joint returns usually produce lower taxes than filing separate returns.

Other tax issues – There are often other tax issues that arise during a divorce, such as the effects of taking case from a 401k or IRA, how to treat alimony and child support, filing as a head of household, and more.

As you can see, a tax professional is usually recommended to help guide you through all the complex tax issues that can arise during and after a divorce. If you have any questions about the Georgia divorce process, contact Marietta divorce attorney Shalamar Parham at 678-439-1482 to learn more.

What are the Grounds for Divorce in Georgia?

2011-06-20T15:30:00.000-07:00

In Georgia, there are 13 grounds (or legal bases) for divorce.

One of those 12 grounds is that the marriage is irretrievably broken. A divorce that is based on the marriage being irretrievably broken is sometimes referred to as a “no-fault” divorce, because neither party is determined to be at fault in causing the divorce.

The other 12 grounds for divorce in Georgia are:

Intermarriage to a person to whom you are related,
Mental incapacity at the time the marriage occurred,
Impotency at the time the marriage occurred,
Force, menace, duress, or fraud in obtaining the marriage,
Pregnancy of the wife by another man at the time of the marriage, which was unknown to the husband,
Adultery by either party after marriage,
Desertion by either party for at least one year,
A criminal conviction for an offense involving moral turpitude, for which the prison sentence is two years or longer,
Habitual intoxication,
Cruel treatment,
Incurable mental illness, and
Habitual drug addiction.

An individual can choose to file for divorce based on more than one of the grounds. However, most couples will choose to file a no-fault divorce, which is considered the easy way to obtain a divorce. In a no-fault divorce, the parties aren’t required to prove the truth of the wrongdoing by one spouse – one party simply alleges that there is no hope of reconciliation.

Do you have any questions about the grounds for divorce in Georgia? If so, contact Georgia divorce attorney Shalamar Parham at 678-439-1482. She will help you decide the best steps to take in your particular legal situation. Call her today to learn more.