FAMILY LAW

Family Law encompasses a broad spectrum of legal issues, depending on the client's status:

Heterosexual couples considering marriage may want to consider a prenuptial agreement, while married couples may be faced with divorce issues such as child custody, child support and division of marital assets.
Lesbian & Gay couples, who currently are denied the rights of marriage in the majority of states, should consider creating a partnership agreement. Moreover, gay couples need to consider drafting their Wills and powers of attorney, as well as whether an adoption or name change is appropriate in their situation. These topics are covered in separate sections of the Practice Areas.
Unmarried heterosexual couples may be dealing with issues of paternity or legitimation of children, and child support and custody.

Marriage & Prenuptial Agreements

Under Georgia Law, the institution of marriage brings with it certain rights and property interests. "Property" includes just about everything that can be owned, including houses, cars, pots & pans, bank accounts, investment and benefit pension plans, & etc. With very few exceptions, all income earned and property acquired during the marriage is considered the joint marital property of both spouses.

In general, clients should consider signing a prenuptial agreement in two cases: (1) when considering a second marriage and they already have children; and (2) when they have sizeable individual assets they want to hold separately during the marriage.

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Partnership Agreements

Lesbian and gay clients forming a domestic partnership should consider creating a Partnership Agreement. This agreement has similarities with both a marriage contract and a prenuptial agreement.

Like a marriage contract, a partnership agreement identifies the property that the couple intend to hold jointly, as well as separately. This simple declaration can avoid disputes or confusion that may arise later, especially if one of them dies without a Will, or the Will left a certain percentage of the estate to his family of origin. (A partnership agreement, however, is not a substitute for a Will)
Like a prenuptial agreement, a partnership agreement allows the couple to make decisions about how they would divide their property, if they decided to end their partnership. While this may seem like a negative endeavor, couples who create a partnership agreement do so with love and concern for their partner's well-being. While both partners hope they will not need to rely on the agreement, the process allows them to make decisions with only the best intentions.

Without a partnership agreement, clients often find themselves in a nightmare of litigation, in front of unfriendly or unsympathetic judges, and with mounting legal bills.

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Divorce

Any client contemplating divorce should, at the very least, obtain legal advice concerning their legal rights and responsibilities under the marriage contract. Moreover, clients should consider mediation as an alternative method of dispute resolution. If the parties can successfully mediate the issues between them, they will avoid a good deal of the stress and expense that contested litigation brings.

If a divorce cannot be settled amicably between the parties, it must be litigated before a judge and/or jury. In any divorce action, however, the parties need to consider three issues: division of marital assets, child custody and support, and alimony.

In preparation for consultation with an attorney, a client should create a list of all property belonging to either spouse, including account numbers and approximate appraised values. The list should also include joint and individual debts, including mortgages, home equity loans, car loans, consumer credit card debts, and any debts owed to the Internal Revenue Service.

For couples with children, the parties must resolve the issues of child custody, visitation and child support.

First, the court must decide who will be the child's legal custodian, i.e. who shall be empowered to make major life decisions concerning the child's health, education and welfare. Secondly, the court must decide which parent the child will live with the majority of the time. This parent is called the child's physical custodian. The judge has discretion to order that legal and/or physical custody be held solely by one parent, or jointly by both parents.

If the judge orders that sole (primary) physical custody should reside with one parent, then the issue of visitation must be considered, to create a schedule of when the child will come and stay with the non-custodial parent.

The last issue related to children is child support. Child support guidelines set by the Georgia legislature are strongly adhered to by the courts, although judges may vary from the statutory guidelines in certain circumstances. The child support guidelines provide that both parents must contribute towards their child's support, in a calculation proportionate to their income. Clients should consult an attorney to become informed about their responsibilities under the law.

A third issue that should be considered is whether either party is entitled to spousal maintenance, more commonly known as alimony. In Georgia, there are specific criteria that must be examined to determine one's eligibility for alimony.

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Paternity & Legitimation

Unmarried heterosexual females who have children born outside of marriage often find that the only way to obtain child support from the biological father is to file a lawsuit to determine the paternity of the child. Once paternity is established, the court may order the father to pay child support.

In contrast, unmarried heterosexual males who have children born outside of marriage must file a petition to legitimate the child, in order to obtain parental rights over the child, including visitation rights. Moreover, with an order of legitimacy, the child can inherit from the father, and can obtain social security and other benefits from him.

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FAMILY LAW

Marriage & Prenuptial Agreements

Partnership Agreements

Divorce

Paternity & Legitimation