georgia family law attorney

georgia family law attorney
This past week, typically mindless commentary in a popular morning talk show caught my attention. Suddenly in the midst of my morning routine, I heard words and phrases like" solution "and" inexpensive "and" best interests of children "" and ... " "Divorce." "The host claimed there is a new phenomenon in which a married couple remains together, in almost every sense of the word, despite the fact that both desire a divorce. He referred to it as" non-divorce "divorce. Supposedly this trend is gaining popularity as the solution to a failed marriage.

The "non-divorce" divorce is a mutual verbal agreement between two married people who want their marriage intact, but fully accept that the relationship is over. The goal is to feel divorced, while also continue to live together, and not a divorce. In other words, the couple does not want to go through the divorce, but they do not want to reconcile. You do not want the setting attorneys, file papers, the dispute over custody or support by the time their children see one of them, or lose half of their financial assets. So, they decide to stay, as if they are married. They live in the same family as roommates in their children's lives as they had before they wanted a divorce, and maintain / the marital estate.

Of course, most couples who try to "non-divorce" divorce are those who have children and / or those who are married a long time and not feel it is beneficial to disrupt the community on an emotional or financial level. Or at least the feeling that the cost of divorce significantly exceed the costs for the other, even if there is no love left.

I can not speak to the negative psychological effects that result from this "solution. "" But I can speak to the negative impact and legal problems that could arise.

Firstly, if you decide not to intervene in relation to the family (that is, a party making a conscious decision that the marriage is irrevocable and the communication of the intention to end the marriage), there is never a time of separation. The "date of separation" in the family is important, because it's the end of the community. From this time onwards there is no longer a collection of community assets or community debts held by a spouse of separate property and debts begin to accumulate, as they did before marriage. Your spouse is still entitled to half of your property and you will be responsible for half of the debts of the spouse. Therefore, if you manage your finances separately without the full disclosure and mutual agreement, may be impaired. What's more, your spouse is entitled to all benefits they were when you were happily married, including possible rights to the family at home, life insurance, equipment & gifts by will or trust, and health insurance to just a few.

The establishment of a long-term marriage (the return on an indefinite-support marriage) is also associated with the date of separation. For example, if your marriage is in a period of eight years, and you try a non-divorce for 3 years, followed by a true resolution, the Court of the characterization of marriage as a long-term probably will be challenged and require considerable litigation.

Living as financially independent roommate could also be a problem with the cost. Unless you both agree to distribute their income in a way that benefits the community, a spouse may not be enough to meet his or her way of life. Whether you are still residing in the family home with the spouse, the courts do not grant any marriage or child support. As you want to avoid the courts entirely, a support award is virtually impossible anyway.)

In the same way, no child custody or visitation rights Orders will always be. This means that after the attempt of the "non-divorce" divorce for a year or so, and after the decision on the reality that a parent can be a tough time, a case that he or she should first and foremost custodian. This is because even if a parent is the primary caregiver during the non-divorce, then it will be difficult to determine whether both parents lived in the same house the whole time.

For the above reasons, the non-divorce substantial legal problems. Spouses who try this "solution" can not be guaranteed that one spouse is not trying to create a legal divorce in the street. If this is the case, a spouse could not be granted some of the ways in which a traditional Divorce provides. To ensure that you make an informed decision, you should talk to a lawyer specializing in family matters. He or she can tell you two possible solutions to a post-nuptial agreement or a legal separation. Both options are cost some amount of the fees and time in mundane paperwork, but can you live, what you want, lifestyle with the protection and peace of mind.

Kayla Boucher, c / o Chancery Donald P. Schweitzer, 201 South Lake Avenue, Suite 700, Pasadena, California 91101, 626-683-8113 http://www.PasadenaLawOffice.com