Atlanta Divorce Attorney Blog

Your first meeting with an Atlanta divorce attorney will be a time for your attorney to gather information about your case. There are several documents you should bring with you to this meeting so that the attorney can learn as much as possible.

Account statements - Bring the most recent statement for any accounts that are in your name, your spouse’s name (if it is available to you), and your joint names. This includes statements for checking/savings accounts, investment accounts, retirement accounts, credit cards, and stock options. These statements will give your attorney a good idea of the assets that will be equitably divided between your and your spouse.

Bills – Bring the most recent statement for each bill that is paid by you and/or your spouse. This includes utility bills, mortgage statements, insurance statements, medical expenses, car payments, children’s expenses and credit card statements. These documents will help in alimony/child support negotiations, and will help determine who should pay these expenses while the divorce is pending and thereafter.

Income – Bring your most recent paystub and that of your spouse (if you have access to it). In addition, bring tax returns for the previous 3 years. Income plays a large role in most divorces so it is important that your attorney has a clear picture of this issue.

In general, bring everything to your first meeting with an attorney that you think is important to your case. Once the attorney has all the information, he/she can work with you to manage your expectations about your divorce and determine the appropriate steps to take to reach a positive outcome in your case.

An interesting alimony modification case from Cumming, Georgia was recently reviewed (and affirmed) by the Georgia Supreme Court on April 28, 2009. See Crosby v. Lebert (S09A09). The facts in that case indicated that parties were divorced in December of 2005. The parties had entered into a settlement agreement in their Forsyth County divorce that required the Husband to make monthly installments on a Cadillac Escalade, but the payments were clearly defined as permanent periodic alimony, which "terminate upon remarriage of the party to whom the obligations are owed" under O.C.G.A. § 19-6-5 (b). Additionally, the Husband was required to pay the Wife’s health insurance, but these payments were considered periodic alimony payments as well. The Wife remarried in April of 2006 and the Husband informed her that she would be responsible for the remaining payments on the automobile and her own health insurance.

When the Wife protested, the Husband filed a Declaratory Judgment and moved for Summary Judgment. OCGA § 19-6-5 (b) states that "All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided." The Forsyth County divorce judge agreed with the Husband and the Wife became responsible for the remaining payments on the Escalade and her health insurance.

The Supreme Court affirmed the trial court’s ruling. The Wife argued that the Husband was supposed to “pay all monthly installment payments of Wife’s vehicle until the vehicle is paid in full” and he could therefore not stop his payments because of her remarriage. The rest of that provision , however, stated “…and shall do so in the form of permanent periodic alimony” (emphasis added). The Supreme Court found that the second half of the provision clearly showed the intent of the parties was to have it governed by OCGA § 19-6-5 (b).