In short: no. Georgia is not a common-law state in that this state no longer allows the creation of common-law marriages as of January 1st, 1997. However, common-law marriages meeting specific necessary criteria can and will be honored in Georgia if all said criteria are met. The best way to know if you and your partner meet these requirements is with the assistance of an attorney.

• The four requirements for common-law marriage in Georgia are:
• The parties must have the ability to contract.
• There must be a contract.
• There must be a consummation of the marriage under the law.
• The marriage must have been established before January 1, 1997.

These requirements are generally the same as those of traditional marriages, save for needing to be established before a specific date. If you believe you and your partner have a valid case for common-law Marriage in Georgia, please contact us and allow us to help you determine if you fit these requirements.

What does “Common-Law Marriage” Mean?

Common-law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized in ceremony. Understanding what a common-law marriage is and is not can help one navigate the sometimes murky waters of marriage and divorce.

Each state has its own laws regarding whether or not they recognize common-law marriages, and among those states that do recognize them, not all have the same laws and regulations. This means that couples in common-law marriages can sometimes experience difficulties moving between states with differing common-law marriage laws.

Will Georgia Recognize An Existing Common-Law Marriage?

Yes, Georgia will recognize common-law marriages that were created either out of state or before January 1st, 1997. Georgia cannot ignore the laws of other states and must honor common-law marriages made in states that recognize them. Although most states are discontinuing this type of marriage, in the future, these types of marriages will eventually become invalid. Contact us for assistance in having your out-of-state common-law marriage recognized in Georgia.

How We Can Help You.

As you can see, common-law marriage rights are sometimes confusing in Georgia. If you believe you have created a common-law marriage before January 1st, 1997, that fits all the requirements, or you and your partner recently moved to Georgia with a valid common-law marriage from another state, you should consult an attorney. You can contact us at 404-738-5805 or online to book a consultation. We are always here to help you.

During mediation, a neutral third party helps you and your ex negotiate the terms of your divorce. Once the mediation is over and you and your ex have made amicable decisions on the matters at hand, the mediator will draw up a legally binding contract that you both will sign and be held responsible for holding up your respective side of the deal. Should you need to renegotiate at any time, a new contract must be agreed upon, created, and signed. So, while it is binding, it is possible to modify and change the agreement just as your lives will change over time.

What is Mediation?

Georgians facing the end of their marriage can help reduce the financial strain of divorce by using a neutral third-party mediator to help the two parties reach amicable agreements on issues such as the dividing of finances, properties, and assets, whether one will pay the other alimony and the amount which is paid, and in the presence of children it can also help with custody, visitation, and child support. Mediation is a fantastic tool for helping the two parties come to terms without spending as much money as a longer court case would have them spend.

In some cases, a judge will order mediation during a case to help both parties understand and weigh their strengths and weaknesses in the case.

When Do I Need Mediation?

While the majority of mediation is done before a divorce, mediation can also be greatly beneficial during and after a divorce takes place, as well. Besides helping make initial decisions before the divorce, mediation can greatly benefit the hearing, and the judge may even order it. This can be especially true after “discovery,” the stage in litigation where spouses may retrieve documents and information from the other.

And, as most divorced people can attest to, a final divorce judgment doesn’t always mean the end of legal disputes between the two parties. Sometimes one of the parties may wish to make amends to the divorce contract, and a mediator can also help with this.

How We Can Help.

Before, during, or after mediation can significantly benefit all involved, and we are here to help you reach decisions and agreements that mutually benefit both parties. Discussing all your options with an attorney is always the best first step as we have years of experience helping those in the same situation as yourself. You can trust that we will always have your best interests at the forefront of our minds. Contact us at 404-738-5805 or online to book your consultation today.

In the state of Georgia, there is a mandatory 30-day waiting period after one spouse serves the other with divorce papers. Since this waiting period is mandatory, even if the other party responds within the 30 days, both parties will still have to wait out the remaining days before they can schedule a hearing date.

There are also two other waiting periods if your spouse is out of state or out of the country. If your spouse currently resides in another state, they will have a 60-day period to respond. If they are in another country, they will have 90 days. However, only the initial 30 days are mandatory, meaning if your spouse responds any time after the first 30 days, you both can proceed with setting a hearing date.

Why is there a Waiting Period?

Georgia has this 30-day waiting period as a buffer in case the parties reconcile before the hearing.

You can make good use of this period, however. With the help of a good attorney, this period can be used to discuss the hearing, gather evidence, build the strongest case possible to protect you and your rights, determine asset evaluations, and contact the other spouse in some circumstances to discuss and maybe try to settle. We can assist you through all of this and more.

What Happens if My Spouse Doesn’t Respond Within the Waiting Period?

If the entire 30-day waiting period expires without a response from the receiving party, the court can enter what is called a “default,” where they can proceed with the hearing without your spouse’s participation.

If you have been served with divorce papers, you need to respond as soon as possible to protect yourself and your rights, as once a default judgment is passed, you will lose the right to object to any of the terms in the petition.

If you have failed to respond within 30 days, do not panic because options are still available. It is important to contact an attorney immediately so they can advise you accordingly.

We Are Here to Help

No matter the stage of your divorce, having the right attorney in your corner can make a world of difference. If you are currently considering whether a divorce is right for you, or if you are looking to set things in motion, we can offer you guidance and our many years’ worth of experience dealing with families and divorces. Contact us today at 404-738-5805 or online to book a consultation.

Whether you should dissolve your marriage may be one of the most important and difficult decisions you will ever face. Take time to reflect and process. Divorce is a major life change. There will be significant issues to deal with and associated stresses. You don’t want to approach the question from an emotional perspective only, although that’s certainly part of it. You need to approach divorce as a decision requiring evaluation of many issues. We’ve put together a list of things to think through as you make a final decision about whether a divorce is the right course of action for you.

About the Children:

• Who will the children live with?
• Will there be joint custody?
• If they live with your spouse, how often will you be able to visit them? How often will they be able to stay overnight with you?
• How will you and your ex-spouse make decisions about the children, such as their health, education, religion, and welfare?
• Who pays for the children’s living expenses? Their education? Their travel?
• How are the children’s expenses paid for, and by whom? Will those expenses be shared?

About Spousal Support and Child Support:

• Will you receive spousal support or need to pay it? How much and for how long?
• If financial circumstances change significantly for you or your spouse, will support be increased or decreased?
• Who will be entitled to claim the children as exemptions for income tax purposes?

About Your Home:

• Who will live in the marital home during the divorce process?
• Will one of the spouses keep the marital home, or will it be sold? And if sold, how will the proceeds be divided?
• If you decide to sell the home, will both spouses be involved in the sale and closing? Who will set the selling price? Will the property be listed with a broker?
• Who will be responsible for major repairs and the costs of preparing the home for sale?
• Who will be entitled to deduct the mortgage interest charges and real estate taxes for income tax purposes?
• Who will be responsible for paying any income taxes (capital gains) imposed as a result of the sale of the marital home?

About Insurance:

• Will you keep life insurance for the benefit of your children?
• Who will be the beneficiary of such insurance?
• Will either party be obligated to provide medical or other insurance for the benefit of the other spouse? For how long?
• Will either party be obligated to provide medical or other insurance for the benefit of the children? For how long?
• Who will be responsible for paying medical, dental, drug, or hospital expenses for the children when not covered or reimbursed by insurance?

About Income Taxes:

• Who will receive any tax refund currently due on a past joint income tax return?
• If there is a deficiency on a past joint income tax return, who will be responsible for paying the tax, interest, and penalties?
• If you file joint income tax returns for the current year, who will be responsible for paying any taxes due? Who will be entitled to receive any tax refund?

Three Tips to Keeping Your Life on Track

One: Remember that knowledge is power.  Don’t hide your head in the sand, and hope you’ll wake up one day and it will all be over. Ask questions, read, study, and make use of our website to stay on top of what you need to know to make good decisions. Use the tools available to you to educate yourself about everything involved in the divorce process.

Two: Remember that you’re in control. No one understands your goals and aspirations better than you do. Make sure you consistently voice your needs, concerns, and objectives so that you remain in charge of your life’s direction.

Three: Remember that every decision you make in your divorce is a personal decision.  As difficult as it may be from time to time, you must keep your emotions at bay and concentrate on allocating marital assets and debts, working through child support, establishing any spousal support, and so on.

Although this list is just a starter, it will give you an idea about the serious issues that you need to consider when contemplating divorce. Your future depends upon your ability to think rationally and strategically about this life-changing period in your life. Whatever has led you to the threshold of divorce, once you’ve made the decision to end your marriage, you must prepare yourself for what lies ahead in a reasoned and thoughtful manner.

Divorce is one of the most stressful times in a person’s life. Stress affects the entire body, and its signs can be felt mentally, physically, and emotionally. Many people enter an unpleasant state as they go through such challenging times. Divorce is like death as you are left to pick up the pieces and move on without that person. It’s okay to grieve the loss of your marriage, but you cannot let that grief overtake you. Here are some tips to help you deal with the strain of the process and get through the process stronger than before.

1. Stay Positive

We live in a very negative world. It’s hard to stay positive when you turn on the television and hear nothing but doom and gloom. When you add the world’s events to the things going on in your life, it feels overwhelming. You don’t have to walk around under a “black cloud” of sorrow. You can control your outlook on life by remaining positive.

It’s normal to feel that you have nothing to live for and your life is a mess. These are all common feelings that people experience when going through a separation. However, it’s what you do with these downtimes that count. Some of the greatest things are birthed from tragedy. Lawyer Horatio G. Spafford lost his four children and his business in the Chicago fires of 1871. Yet, during this time of great sadness, he wrote: “It Is Well With My Soul,” one of the most influential songs of all time.

You, too, can turn your unimaginable sorrow into something beautiful. Just stay positive and keep on the sunny side. No matter how many times life knocks you down, get back up!

2. Get Counseling

You must prioritize your mental, emotional, and physical health during a time of loss. Counseling is one of the best things you can do for your overall health. A counselor is a third party that is on your side. Vent to them and tell them all the things your spouse did wrong. They can help you find ways to do things better in your next relationship. It’s always better to have someone to talk to than to say something in front of children or mutual friends. A counselor is vital to help you keep your mental health in check. Don’t be afraid to ask for help. It may be the only thing that gets you through this emotional upheaval.

3. Practice Self Care

It’s easy to pull the covers over your head and stay in bed for the day. However, you must force yourself to get up and act as if nothing happened. The world doesn’t stop just because your marriage does. You need to ensure you eat healthy meals and get plenty of sleep as you continue with your daily life. So many times, clients are exhausted because they spend many sleepless nights worrying.

If you’re not eating right, then you can have a horrible time trying to function. You owe it to yourself and your family to keep it together and take care of yourself. Treat yourself with a new haircut, new outfit, or something to lift your spirits. Try to think of this as a chance to start over instead of the end of things. Stress management involves self-care practices to keep you feeling great.

4. Don’t Get Bitter – Get Better

It’s hard not to be bitter if you think that you’ve been done wrong. Bitterness can easily creep in when going through a divorce. However, you owe it to yourself not to allow those negative emotions to consume you. When there are feelings of resentment and anger between the divorcing couple, the effects can be felt by their children. You don’t want your children to know there is animosity between you two.

You must learn to have a united front and work together for the sake of your kids. Be thankful for the good years, and you must learn to get past the bad ones. You can use this as a stepping stone in your life to heal. Additionally, having a good attorney by your side helps to ensure you get a fair and equitable split.

5. Maintain Your Composure

Have you heard the saying, “Never let them see you sweat?” You don’t want to fall to pieces every time you go to court or have any interaction with the other party. Sure, your emotions are all over the place, but they will use your tears as a weakness. No one wants to feel weak and vulnerable during this time. No matter how hard it hurts, always hold your head high and act calm, cool, and collected. Lean on your attorney as we can help you to know what to say and when to say it.

In many cases, you will need to get on the witness stand and defend hurtful or untruthful things that are being said about you and your marriage. Always keep eye contact with your legal counsel, and you should try to answer the questions without becoming emotional. It’s hard to keep your emotions in check, but with a little practice, it can be done. In most instances, you should give a simple “yes” or “no” response.

Starting Over Again

The thought of starting over again is very overwhelming for some people. It’s essential to use stress management skills to get through these difficult times. Sure, it’s not easy ending a relationship, especially if it’s one that has lasted for many years. However, self-care is essential. You should enlist the help of a counselor and an excellent attorney to have your back during the process. Never let stress get the best of you. You owe it to yourself and your children to keep going. Bottled-up pressure can cause mental health issues, and you don’t need that on top of your separation.

Starting a new relationship after divorce isn’t the same for everyone. For some, it doesn’t take long before they’re ready to get back out there into the dating world, while for others, getting over the trauma they’ve experienced can take months or even years.

Needless to say, there are many variables involved in dating post-divorce. Figuring out when it’s the right time for you to pursue a new relationship and put yourself out there isn’t going to be easy.

Let’s take a look at some signs that can show you if you’re ready to start dating:

1. YOU AREN’T TRYING TO REPLACE YOUR EX

It’s normal for you to feel a sense of emptiness after separating from your partner, but the last thing you should do is look for someone only to fill that void in your life. There’s no need to rush into a new relationship just to get over your spouse.

Doing so will not only be unfair to your potential partner, but it will also take a toll on your mental health. You need to realize that your divorce has changed you and you need to set realistic expectations for your new partner, what’s important to you in a relationship, and what characteristics don’t matter to you anymore.

If you’re genuinely curious about new people that may come into your life and aren’t trying to compare them to your ex, it’s a sign you’re ready to step back into the dating world and explore new possibilities.

2. YOU HAVE THE RIGHT INTENTIONS

A huge part of knowing yourself is about being aware of your intentions. You need to get in tune with yourself and understand your needs before getting into a new relationship. Figure out what you’re looking for and ask yourself the following questions:

• Are you looking for someone who’ll take care of you or someone to share your life with?
• Are you afraid of being alone?
• Do you feel self-confident enough to open up to someone new?
• Have you figured out what your relationship deal-breakers are?

If you’re not sure about what you want from your future partners, you won’t be able to engage in a healthy relationship with them and truly give them a chance to get to know who you are beneath the surface.

3. YOU AREN’T AFRAID OF BEING VULNERABLE

If you’re still processing the trauma you felt during and after separation, you may not be willing to open up and be vulnerable with someone new for fear of getting hurt again. You shouldn’t rush into a relationship without considering what you have to offer to the other person.

To truly give dating a chance, you need to learn how to manage your emotions and accept your reality before you can welcome someone else into your life. If you’re open to being your true self in a new relationship, it’s a sign you’re ready to start a new chapter in your life and find ways to be happy again.

BOTTOM LINE

Starting your first serious relationship after divorce is going to be riddled with obstacles and uncertainty. You need to make sure you know what you’re looking for, you’re genuinely curious, and you’re willing to invest the time and effort required to sustain a new relationship.

If you’re looking for a divorce attorney in Atlanta, call us at 404-738-5805 to schedule a consultation. Let us provide you with the legal support you need so you can focus on recovering and getting your life back on track.

Divorce can be an extremely traumatic experience for both parties involved. Most couples don’t often emerge from this painful process with their emotional and mental health intact. When the support of your family and friends isn’t enough for you to recover from the aftermath of your divorce, you may need to consider divorce counseling.

Divorce counseling is a lot like relationship therapy, and it’s designed to help couples who are either about to part ways or dealing with their lives post-divorce. It aims to help the individuals come to terms with reality and process the negative effects of their divorce and how it affects the people around them.

In this blog post, we’ll take a closer look at some of the many benefits of divorce counseling.

What To Expect

Some couples may not want to consider divorce counseling for fear of being judged or being pushed back into a relationship when that isn’t the case at all. Divorce counselors are trained to listen to couples that are going through separation without judgment and help them get through these trying times.

Divorce counseling can be a way for a newly divorced couple to figure out how to understand and recover from the trauma they’re experiencing, establish boundaries, and reach the goals they’ve been meaning to reach to lead a successful and fulfilling life post-divorce

An experienced divorce counselor will help you navigate the process of divorce, and this may involve the logistics of making decisions and dealing with your emotions after losing a partner. They’ll help both parties develop the skills required to redefine their relationship and figure out healthy ways to interact with each other after finalizing the divorce.

Pre And Post-divorce Counseling

You can consider divorce counseling before or after your divorce proceedings to get your life back on track and have a healthy relationship with your ex-spouse. It can also help you minimize the effect of divorce on your children and other family members who are heavily involved in your life.

Pre-divorce counseling is all about helping both parties learn how to communicate with each other in a polite and effective way to express their needs and concerns. It may also involve helping the children of divorce prepare for what’s to come and make sense of their reality.

Some pre-divorce counselors are also known to assist with any concerns regarding parenting, particularly in cases where the parents are unsure of how to tell their children about their decision to separate.

Post-divorce counseling, on the other hand, involves handling both individuals’ concerns about the divorce and what the future may hold. It will guide them through processing their emotions and channel them into something positive so they can heal faster and lead a happy life after the divorce.

Final Words

Divorce is a very serious legal procedure that can affect not just the couple but their children and other family members as well. When your life is about to change dramatically, divorce counseling can be just what you need to process your feelings and begin your journey toward healing.

If you’re considering getting a divorce, it’s important to seek legal advice from a divorce attorney. We’re a law firm that specializes in family law in Atlanta. Give us a call at 404-738-5805 to schedule a consultation, and let us take care of the legalities for you.

If you had felt victimized during the course of your marriage because your former spouse was too controlling and abusive, your divorce may have given you some form of relief as it finally you from the hold your ex-spouse had on you.

But divorce isn’t the same for parents who’ve managed to escape a toxic marriage. When there are kids involved, it’s understandable for you to worry about their safety. If your ex had a tendency of resorting to aggression just to get their way, there may not be much that would keep them from lashing out at their kids as well.

Here are some steps you can take to protect your children from an abusive ex-spouse.

1.  Make A Referral To Dfcs

If you have reason to believe that your children are unsafe in the care of your former spouse and you’ve noticed signs of child neglect, you need to make a referral to Child Protective Services before it’s too late and serious damage is done.

It’s important to note that you need to be extremely cautious when you’re deciding to involve DFCS in your family’s life as they’re going to assess the situation and then determine whether they need to remove the child or not. You may also become a target of their investigation if DFCS believes your actions are governed by your ill-feelings toward your ex-spouse.

2.  Seek Child Counseling

You should also consider getting in touch with a child therapist who has experience with child abuse cases as they can help determine if your child’s behavior is a result of abuse or trauma. They can also get your kid to verbalize what’s happening to them and help them recover from the trauma they’ve experienced.

If your worst suspicions are confirmed, the therapist can then make the referral to DFCS as a neutral advocate.

3.  Consult An Experienced Family Law Attorney

There are many family law attorneys who handle child custody cases. If you suspect that your child is in a vulnerable position, it’s advisable to hire an attorney who’s experienced with matters involving child abuse as there are no guarantees that DFCS will take the right steps to protect your child.

An experienced attorney, on the other hand, who has handled child abuse and neglect cases before will be able to help you against the DFCS investigation and take the appropriate steps to make sure your child is taken out of harm’s way.

Final Thoughts

As a parent, it’s your responsibility to keep a watchful eye on your kids. If you have reason to suspect that your child is unsafe under the care of your abusive ex, you need to trust your instincts and seek professional help as quickly as possible.

We’re a law firm that specializes in divorce and high conflict child custody cases. Call us at 404-738-5805 to schedule a consultation and let us provide you with the legal support you need to protect your relationship with your child.

Sometimes, you need to get modifications made to your parenting plan when circumstances call for it. The current plan may no longer be what is the most convenient and healthy for your child. For a parenting plan to be modified, you usually have to file for a modification or petition. This will have to go through the court in order to be accepted.

A parenting plan modification can be a complicated process to go through. You will need to come up with valid reasons that prove a modification to the plan is essential. For this, you will need the help of a professional who deals with family law in Atlanta.

Parenting after divorce is difficult, so having the necessary legal support when it comes to making important decisions about your child’s life; we are here to give you professional consultations.

How Is A Parenting Plan Modification Done?

First of all, a parenting plan is made when you and the other parent of your child can no longer live together while raising your child. You can either create your own plan by working together, or an attorney can help you design it.

There are certain conditions under which you are able to file for a modification in the parenting plan. This is usually when you feel that the current plan no longer works for the benefit of your child. This can be either a change in your or the other parent’s lifestyle, safety issues, or the changing needs of your child as they grow.

You may now be able to spend more time with your child than before or you may have moved closer to allow you more flexibility with your parenting time since the entry of your final order.

The other parent may also have faced a major change in their daily schedule; however, even if both parents do not agree on the modifications, you can get them accepted by the court.

Documents

You will need to present the judge with the appropriate documents that indicate how the parenting plan can no longer function. These documents can include a diary of problems you have faced because of this plan or of the additional time that you have spent with the child. You could also show a schedule of activities that your child now takes part in because of which they cannot abide by the old timings anymore.

You may also have proof from teachers or health care providers that describe how the current plan is affecting your child’s health, comfort, or performance in school. Some parents are also faced with the difficult task of providing proof that their child is not safe while being in the other parent’s custody.

What Can We Do?

We are a group of passionate and determined professionals who provide you with the consultation and legal advice you need in order to succeed. You should not have to go through the process of filing for a parenting plan modification on your own.

Parenting after divorce is all about making the best decisions for your child. By getting in touch with people skilled in family law in Atlanta; you have a greater chance of getting your modification accepted. Contact our office today at 404-738-5805 to discuss how we can help you with your parenting plan modification.