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Q. Should I hire a male or female attorney?
A. The gender of the attorney should be irrelevant. Some people are more comfortable with men, and some people are more comfortable with women. The most important quality to look for in an attorney is competency. You must feel comfortable with and trust your attorney. It is important to be able to communicate effectively with your lawyer and to feel that your lawyer is aggressively pursuing your objectives, giving you realistic options, and allowing you to participate in the outcome of your case. Satisfied clients are well-informed and active participants in their divorce process.
Q. Is what you tell your attorney confidential?
A. Absolutely. An attorney cannot effectively represent a client who is not honest about the facts and finances surrounding his or her separation. Only the client can authorize disclosure of communications with his or her attorney.
Q. Is it advisable to seek counseling during the divorce process?
A. Yes. Whether you are the party seeking the divorce, or whether it is a mutual decision, or whether you are on the receiving end of a decision you do not like, there is a great deal of trauma and transition involved in the divorce process. Counseling can help you deal with the emotional issues so that you can focus on the financial and legal issues and what is in the best interests of your children.
Q. Should I take the children to a therapist to help them deal with divorce?
A. This is generally advisable. Children of every age have a difficult adjustment when they are being shuttled back and forth between two parents. Many times they blame themselves for the dissolution of their parents' marriage. Therapists can help them understand that they are neither alone in the process, nor to blame for it. Additionally, if the entire family participates in the therapy process, the parents can learn not to put the children in the middle simply to further their own self-interests.
Q. What are the legal trends in custody cases?
A. The laws on custody are now gender neutral. There are no presumptions that a woman is a better parent or better able to cope with children of tender years than a man. This means that if two people go to Court seeking custody, the Judge is required to give equal consideration to both parents to determine what is in the best interests of the children. The law also provides for joint custody, provided the shared parenting is entered into by couples who communicate effectively on issues pertaining to the children.
Q. What do Judges look for in making custody decisions?
A. When making a threshold determination of where a child should be placed in a divorce, a Judge looks at what is in the child's best interests. Judges always decide custody, although a jury can decide financial issues if either party requests a jury trial. Judges historically look at who has been the primary caretaker of the children; the age, gender, and preference of the children; and what future plans have been made for the children with regard to their education and upbringing. Issues such as adultery, alcoholism, drug abuse, frequent absenteeism from the home, or financial irresponsibility can be strikes against a parent seeking custody. At age 14, a child can elect which parent to live with, and that election can only be overturned if the parent selected is proven unfit.
Q. How is child support determined?
A.Georgia's child support laws have been changed. Effective January 1, 2007 a comparative income approach will be used which considers the income of both parents and the needs of the child. Currently, Georgia follows a percentage of gross income of the non-custodial parent between a range of 17% to 23% for one child and 23% to 28% for two children.
Q. How long will it take for my divorce to be final?
A. In Georgia it is possible to obtain a no fault divorce on the basis that the marriage is irretrievably broken within thirty-one (31) to forty-five (45) days from the time a Complaint for Divorce is filed and served on the opposing party. There is one caveat. In order to be divorced, you must have reached a settlement on all material issues. The agreement has to be signed and filed with the Court. If you cannot agree on child support, custody, visitation, debt allocation, asset division, and alimony, then you will have to wait for a Judge or jury to decide these issues. In this case, the time to conclude the divorce can average anywhere from three (3) months to more than a year, depending upon your Judge and county. The oldest cases are given priority on a crowded Court docket.
Q. Do you recommend mediation?
A. Yes. In the metro Atlanta Counties of Cobb, Gwinnett, Fulton and DeKalb, most Judges are encouraging mediation before the parties try their cases in Court. Mediation is an effective process in which a neutral third party assists two people in discussing their issues and helps them to focus on reaching an agreement. The process works most effectively when each party is represented by independent counsel and there has been full and complete disclosure of all assets prior to beginning the process. Because parties have conflicting and competing interests in divorce, it is imperative that each party have separate counsel if there are any significant issues to resolve. The attorneys can then tell their clients the law and what could happen in their jurisdiction if the case were tried. They can also make recommendations regarding asset distribution and support payments. Armed with this information, the client can attend mediation with or without his attorney. It generally takes several sessions to resolve issues. Marathon sessions are often unproductive and are not recommended.
Q. How much does mediation cost and how much money can be saved through mediation?
A. Mediation that is scheduled by the parties independent of court-ordered mediation is based upon the hourly rate of the individual mediator and can range up to $350 per hour or more. Obviously, to the extent people can reach a settlement, they can save legal fees incurred in Court. However, it is important not to be penny-wise and pound-foolish. If the offer is ridiculously low and there is no movement to compromise, Court time and proper representation are essential. Mediation is only effective if both parties go to the bargaining table with an attitude that they want to settle, that they are going to be honest with each other in asset disclosure, and that they are willing to compromise. Each party must recognize that he or she will not be able to settle the case if each expects all of his or her demands to be met.
Q. If I want to change my divorce decree, how do I go about doing that?
A. Once you have signed a settlement agreement and it has been approved by the Court, it cannot be modified as to property transfers unless both parties agree in writing, and it is again approved by the Court. This seldom happens. Make sure that you protect your interests at the time you divorce. The one exception is that child support and periodic alimony can be modified based upon a change in the income or financial condition of either party or the needs of the children. Custody can also be modified based on a material change in condition which negatively impacts a child.
If you have any questions or comments regarding this information, please feel free to contact Babara E. Keon of Land & Keon, LLP at (770) 350-8582. |
