Atlanta Divorce Attorney Blog

One of the very first questions pondered by individuals seeking to file for divorce in Georgia is: Where should I file my Georgia Divorce? Or, more specifically, those considering divorce ponder: In what county should I file my Georgia divorce? First, it is important to note that in Georgia, all divorce actions must be filed in Superior Court, not State Court or Magistrate Court. Only the Superior Courts of Georgia have the jurisdiction, or authority, to hear and make determinations in divorce or other domestic relations matters.

Regarding in which specific county’s Superior Court a plaintiff (or one seeking to initiate a divorce action) should file his or her complaint, the general rule is that a plaintiff must file the Complaint for Divorce in the county where the defendant (other spouse) resides if the defendant is a resident of Georgia. O.C.G.A. §19-2-1(b). This rule applies in most situations. However, there is an exception to this rule. A Complaint for Divorce may be filed in the county where the plaintiff lives is the defendant has moved from that same county within six months from the date of the filing of the divorce action and that county was the site of the marital home at the time the parties separated. See the example below for an illustration of this exception.

Husband and Wife are contemplating divorce, but still live together in the marital home in Fulton County. Wife decides to move out, into an apartment in Forsyth County. Three (3) months later, Husband decides to file for divorce. Because the both Husband and Wife lived together in Fulton County less than six months prior to Husband filing for divorce, Husband may file his complaint in Fulton County.

Please note that the above illustrations and examples presume that both spouses are residents of Georgia. If the defendant is not a resident of Georgia, the Complaint for Divorce must be filed in the state and county where the plaintiff resides. Ga. Const. 1983, Art. VI, §II, ¶VI.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

Many say that communication is the key to maintaining healthy relationships. If this indeed is the case, then maintaining open lanes of communication in your marriage may be the best way to preserve a happy marriage or even save a failing marriage. If you are considering divorce, you may benefit from sharing your feelings with your spouse using a tool known as a divorce prevention notice. Although it may be difficult to communicate your feelings with your spouse, especially if those feelings are negative or involve the possibility of divorce, there is no way that he or she will be able to work with you to solve the issues in your relationship, and hopefully prevent the end of your marriage, if he or she is not aware of your concerns.

Below is a sample divorce prevention notice written by family therapists Bill Doherty and Bob Tures. This example may serve as an excellent starting place for you if you are not sure how to begin to share your concerns with your spouse:

“…I love you, and I have grave worries about our future. I don't feel I have done a good enough job explaining myself to you when we talk. So when I came across the idea of sending you written notice of my concerns, I decided to send you this letter in hopes that we can save our marriage before it is too late.

There is help available to us, and I want you to get help with me...”

Remember, communication is key. If you are considering divorce, but wish to save your marriage, communicate your love, commitment and concern to your spouse before it’s too late.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

Have you ever noticed that in almost every celebrity news blog or entertainment magazine, there is a new story about a celebrity divorce or a custody battle stemming from a celebrity divorce? Many may attribute the plethora of new stories concerning celebrity divorce to the news worthy status of the divorcing couple. However, there may be a more insidious explanation for the numerous stories of celebrity divorce: celebrity marriages are more likely to fail.

According to a report from The Marriage Foundation, a United Kingdom based research institution, celebrity relationships are nearly twice as likely to fail as relationships between non-celebrities. The Marriage Foundation analyzed nearly 600 celebrity marriages in order to reach its dubious conclusion. Read The Marriage Foundation’s report entitled: “Hello? Goodbye! Marriage and Divorce amongst Celebrities” for greater detail. In addition to outlining its methods and findings concerning the celebrity divorce rate, the report also highlights the top five shortest celerity marriages on record. See these marriages listed below, from shortest to longest.

• Britney Spears and Jason Alexander: 55 hours
• Sinead O’Connor and Barry Herridge: 18 days
• Drew Barrymore and Jeremy Thomas: 30 days
• Pamela Anderson and Rick Salomon: 60 days
• Kim Kardashian and Kris Humphries: 72 days

Although one study may not conclusively prove the extent of the celebrity divorce rate, it certainty raises awareness concerning the state of marriage in this country, not just only amongst celebrities. Celebrities tend to be the trend setters in this country, but hopefully they are not the trendsetters in this regard.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

Social media sites like Facebook, Twitter, Instagram or Tumblr are often wonderful ways to remain connected with friends and acquaintances, and they are also great ways to share information with other individuals from all walks of like. However, as social media has become a more integrated part of many peoples’ lives, it has also had a major impact on the practice of divorce and family law in Georgia.

As a Georgia divorce attorney, I often hear how spouses who are currently going through the divorce process use social media websites to lash out at each other or taunt each other concerning the issues of their divorce. Although it may be tempting to use social media as a weapon against your spouse, you may find that this same weapon will be used against you later on in the divorce process. If you are currently going through a divorce in Georgia please consider the following notes of caution regarding the use of social media and how it may impact your Georgia divorce:

• Your social media site is not as secure as you may think. Even if you have taken the necessary precautions to safeguard your social media account, never assume that anything you post is totally private. In fact, it is safer to assume that any and everything you post may be seen by your spouse or his or her attorney.

• Your social media activity may be used against you in a court of law. It is often that case material posted by one or both spouses on social media sites is presented as evidence at trial. With this being said, never post anything that you would not want to be repeated or revealed in court.

• Your mutual friends will likely tattle on you. Even if your spouse does not have access to your social media site, it is very likely that any mutual friends that you and your spouse share will inform your spouse of any divorce related updates you post. Even a comment as like, “Met with my attorney today. Everything is going great,” can give your spouse insight that could potentially harm your case.

• If you have a new girlfriend or boyfriend, do not advertise this fact on the internet until the divorce is final. Even something as seemingly harmless as changing your relationship status on Facebook may provide your spouse with additional ammunition against you in your case.

• Stay away from dating sites during your divorce. Although you may be ready to begin a new and better relationship, do not let your desire to move on with your life possibly damage your divorce case. It is very easy to access the profiles on these sites, and it is not at all uncommon for evidence obtained from a spouse’s dating site to be used against him or her during divorce and child custody battles.

If you are currently going through a Georgia divorce and would like more advice on how to approach social media during the process, speak with one of our Georgia divorce attorneys.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

Recently, a well know celebrity news outlet reported on the new drama that is developing between Kim Kardashian and her soon to be ex-husband, professional basketball player Kris Humphries. For those who are not entirely up to date on the background of this celebrity divorce case, a brief primer follows below.

Kim Kardashian, daughter of famed attorney Robert Kardashian, was thrust into the spotlight when an intimate tape of her and then boyfriend, R&B singer Ray-J, surfaced on the internet. In 2011, after a brief courtship and engagement, Kardashian wed Humphries, a star professional basketball player currently with the Brooklyn Nets. After only 72 days of marital bliss, Humphries filed for divorce from Kardashian citing that he was deceived into marrying Kardashian. Although her marriage to Humphries still persists, Kardashian quickly moved on with her personal life and began dating Hip Hop artist Kanye West. Shortly before the New Year, West and Kardashian announced that they were expecting a child together.

In a divorce related court filing, submitted by Humphries on February 4, 2013, his attorneys suggested that Kardashian is trying to gain the upper hand in the divorce battle by seeking to accelerate the proceedings due to her pregnancy. Apparently, Kardashian, who expects to deliver her child later this year, is petitioning the court to set an immediate trial date in order to dispose of the divorce expeditiously. However, Humphries’ attorneys, who are seeking to halt Kardashian’s request to set an immediate trial date, suggest that Kardashian is attempting to speed up the trial in order to hide facts surrounding the couple’s marriage.

Although Humphries and his attorneys are seeking to defeat Kardashian’s request, his camp may have no choice but to ready for trial as a hearing regarding each side's readiness to go to trial is set for February 15 of this year.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

In Georgia, there are thirteen grounds for divorce. These include:
1) Intermarriage between certain relatives;
2) Mental incapacity at the time of the marriage;
3) Impotency at the time of marriage;
4) Force, menace, duress or fraud in obtaining the marriage;
5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown by the husband;
6) Adultery;
7) Desertion;
8) The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisoned in a penal institution for a term of two years or longer;
9) Habitual intoxication;
10) Cruel treatment;
11) Incurable mental illness;
12) Habitual drug addiction;
13) The marriage is irretrievably broken.

See O.C.G.A. § 19-5-3(1) et seq.

Although withholding sex is not a listed ground for divorce in Georgia, there is a listed ground that may encompass this behavior – Desertion. Desertion, sufficient to warrant divorce occurs when:

1) There is willful absence. This means the deserting spouse must have intended to desert the other spouse. However, this absence must not be justified by the other spouse’s conduct. Thus, if the deserting spouse leaves as a result of the other spouse abuse, this absence would not qualify as desertion. See Cagle v. Cagle, 193 Ga. 34 (1941) and Conklin v. Conklin, 148 Ga. 640 (1919).

2) There is a cessation of cohabitation. This cessation of cohabitation may either be physical or by one spouses refusal to engage in sexual relations with the other spouse. Thus, a spouse can desert the other spouse even though they continue to reside in the same home. Phillips v. Phillips, 215 Ga. 606 (1960); Wilkinson v. Wilkinson, 159 Ga. 332 (1924); Whitfield v. Whitfield, 89 Ga. 471 (1892).

3) For a period of one year. The willful absence must be for a period of one year or more, and the absence must be continuous for that one year period immediately prior to the filing of the divorce complaint. Monroe v. Monroe, 218 Ga. 353 (1962).

Thus, if you are in a situation where your spouse has willfully refused to engage in marital relations with you for a period of one year or more, a divorce based on the ground of desertion may be granted in your favor.

However, if you are an aggrieved spouse and you are not able to prove all of the elements of desertion, you may instead seek a divorce based on the grounds that the marriage is irretrievably broken. Although in this circumstance the divorce will not be granted solely due to the fact that the other spouse has refused to engage sexually with you, the fact that you and your spouse no longer have a sexual relationship may provide the court with the evidence necessary to grant you a divorce based on the fact that your marriage is indeed irretrievably broken.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

Today, it is not uncommon to hear the phrase, “50% of all marriage in the United States end in divorce.” This phrase has caused much concern over whether the institution of marriage in the United States is declining. However, many are starting to question this phrase and whether the divorce rate in the United States is indeed as high as 50%. As it turns out, an analysis of the marriage and divorce statistics in the United States reveal that the divorce rate in the United States may not be as high as many believe it to be.

Upon examination of the divorce rates in the United State, it seems that the common misconception regarding the U.S. divorce rate may stem from a misreading of the yearly marriage to divorce ratio. In the United States, the marriage to divorce ratio has hovered around 2:1 since 2000. It is easy to see how some would misread this ratio as proving that the overall divorce rate in the United States is 2 to 1, or 50%. However, this is not so. What this yearly marriage to divorce ratio simply shows is that for every two marriages entered into in a given year, one divorce occurred. For example, according to the Center for Disease Control and Prevention’s National Vital Statistics System, in 2000 there were approximately 2.3 million marriages and approximately 1 million divorces. At first glance, that would seem like a 50% divorce rate. However, what must be considered is that this statistic only takes into account the marriages and divorces that occurred in a given year. The divorce rate, or marriage to divorce ratio, does not take into account the marriages that were in existence prior to 2000, or the marriages that continued to exist after 2000. In order to derive the true divorce rate in the United States, it would be necessary to compare the number of individuals who obtained a divorce in a given year to the total number of marriages in existence.

A better estimate of the divorce rate in the United States may be ascertained by looking to an article published by the United States Census Bureau. This article, entitled Number, Timing, and Duration of Marriages and Divorces: 2009, provides data concerning marriage and divorce rates aross various populations. According to this study, of the men surveyed, 20.5% reported ever being divorced. Of the women studied, 22.4% reported ever being divorced. Although this study does not represent the entire U.S. population, the results were based in part on data collected by the U.S. Census Bureau, and provides a closer representation of what the U.S. divorce rate may actually be. What is certain after an examination of the information provided by Centers for Disease Control and Prevention and the United States Census is that the divorce rate in the United States may not be nearly as high as commonly believed.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

One of the many causes for divorce in the United States is adultery. If there is a lack of trust, or if one spouse has suddenly changed his or her behavior or routine, it may lead the other spouse to wonder: Is my spouse cheating? Although it may not be prudent to engage the services of a private investigator or divorce attorney immediately upon your suspicion, keeping an eye out for certain warning signs may give you the information necessary to pursue those steps. Below is a non-exhaustive list of signs that may indicate your spouse is cheating. None of these red flags are conclusive, but if you notice that your spouse is engaging in any of the behavior listed below, beware.

Common red flags that your spouse may be having an affair:

➢ Your spouse begins buying you more gifts than usual. These may be "guilt gifts" purchased because your spouse feels guilty about the affair. Showering you with presents may make him or her feel better.
➢ Your spouse’s behavior is causing a gut feeling in you that something isn't right. If this happens, pay attention to your instincts, you know your spouse better than anyone.
➢ Your spouse frequently picks fights with you. A philandering spouse may do this so that he or she has a reason to get mad and storm out of the house and thus the opportunity to meet a lover. Or, a cheating spouse may do this because of mixed emotions he is feeling about betraying you.
➢ Your spouse constantly talks about your relationship ending when you fight or argue. He or she may say things like, "What would you do if our relationship ended?" or "If anything ever happened to us, I would always love you like a friend."
➢ Your spouse has lost interest in you. He or she may avoid speaking to or interacting with you. He or she may become cold and inconsiderate of your feelings. Additionally, he or she may stop paying attention to your children or home life in general.
➢ Your spouse’s taste in music suddenly changes. For instance, she always listened to country music but suddenly starts listening to jazz music. Your spouse might be listening to and growing fond of this new type of music because their lover listens to it.
➢ Your spouse criticizes things about you that he or she once found attractive and alluring.
➢ Your spouse easily becomes offended at the comments, however harmless, that you make.
➢ Your spouse becomes more secretive. For example, your spouse begins closing doors when you are around, when before he or she would leave them open. Or, your spouse becomes extremely protective of his or her cell phone or computes.
➢ Your spouse stops saying, "I love you."
➢ You spouse acts guilty when you do something nice for him or her. If your spouse if cheating, it may make him or her uncomfortable or feel guilty if you do something nice for them, because it forces them to think about what he or she is doing.
➢ Your spouse accuses you of cheating but has no evidence. This also may be evidence of a guilty conscience.
➢ Your spouse stops being affectionate and loses desire to engage in intimacies with you.
➢ Your spouse has been acting emotionally distant and withdrawn but when you ask about it, he or she does not wish to discuss it or become very defensive.
➢ Your spouse spends extended and unexplained periods away from home and he or she is not easily available via telephone, text or email.
➢ Your spouse begins talking more and more about a new friend of the opposite sex. But, when you ask or details about this friend, your spouse refuses to give you details, or becomes defensive.
➢ Your spouse’s friends begin acting strange toward you. If your spouse is engaging in an extramarital affair, it is likely that his or her friends are aware it and they are likely to aid your spouse in keeping you in the dark. This may lead them to act strange in your presence, or avoid contact with you at all.
➢ Your spouse is dishonest with you more frequently, especially regarding his or her whereabouts, activities and friends.

If you think your spouse has been cheating on you and want to explore your legal options, please contact one of our experienced family law attorneys.

By A. Latrese Martin, Associate Attorney, Meriwether & Tharp, LLC

Family law clients often want to bring their parents, siblings or friends in to meet with their attorney. It is completely understandable that you might want to involve your family the divorce or child custody case because the proceedings in these types of cases are extremely upsetting to everyone in your life. However, you should think twice before you involve your family or friends in your case.

When you bring your family in to meet with your attorney or you involve your family in e-mails/texts or phone calls with your attorney, you are waiving your attorney-client privilege, and you are allowing your family to be a part of conversations that your attorney would keep confidential.

Your lawyer can meet with your family and involve them in the process, but ultimately your attorney must put your interests and needs first. Your attorney will look to you, as the client, and not your family to make the decisions about the case. Not only is this in your best interest, but your attorney is bound by the Georgia Rules of Professional Conduct to act on your direction.

Another concern in involving your family is that they don’t know what really went on between you and your spouse, and they are eager to offer advice or tell you what happened in their divorce. Remember that each situation is unique and that the law is always changing. What was appropriate for your family member during his or her divorce may not be what is best for you. Your attorney and support staff can help guide you through the divorce process, and as a divorce attorney I take it very seriously that you rely on me for advice and support during the pendency of your case.

If you are concerned about your family law case and feel you need the guidance of an expert to help you through this process, contact our team of experienced family law attorneys.

By Elizabeth Doak, Associate Attorney, Meriwether & Tharp, LLC

As I was perusing the World Wide Web a few days ago, I ran across an article that was of extreme interest to me as a family law advocate. The article was entitled: “Love & Money: Divorce Insurance? Really?” This article peaked my interest because I had never heard of the concept of divorce insurance. As I am sure that I am not the only individual who was unaware of this concept, I will share what I learned from this intriguing article.

Apparently there is a North Carolina based company called SafeGuard Guaranty Corporation, which offers divorce insurance. If fact, they claim to be the first company in the world to offer such a service. The product has been named WedLock. This particular insurance product is designed to decrease the costs associated with divorce, including legal fees.

Coverage for this divorce insurance is sold through “units of protection” that cost $15.99 per month. The WedLock website describes divorce insurance as “an annually renewable, premium guaranteed form of casualty insurance that provides a lump sum of cash (based on initial claim value units of $1,200 per unit purchased up to $250,000) that is paid if your marriage ends in divorce.” Each unit increases in value by $250 each year after the policy’s maturity period ends and the premium stays fixed.

In addition to providing divorce insurance, WedLock also has a handy Divorce Probability Calculator, so that customers or visitors to its site may measure the risk for divorce. If you find that you have a high chance of divorce, WedLock also has a Divorce Cost Calculator to help you determine how much insurance you should purchase.

As a family law advocate, I am not quite sure what to make of SafeGuard’s new product. A few of the questions that came to my mind regarding the product are: 1) What if a couple who decides to obtain this insurance remains married? 2) How would one approach his or her spouse regarding obtaining this insurance? 3) Would having this insurance available encourage divorce? 4) Does this insurance cover both parties’ legal fees and divorce related expenses, or just one party’s? These questions are only a sample of the questions that prospective customers should consider before purchasing a product such as this. Perhaps the wisest investment is not in divorce insurance, but in the marriage.

By A. Latrese Martin, Law Clerk, Meriwether & Tharp, LLC