Everyone wants "just a simple will."
It is true that everyone needs a will in order to give direction to our families after death. Otherwise, spouses and children, by law, may share the estate and other important matters may go unresolved.
What many people do not realize, however, is that they may actually need an estate plan rather that a simple will. Unlike a simple will, a comprehensive estate plan can provide for minor children, second marriages, family businesses and farms, life insurance incorporation, college planning and federal estate tax planning.
Wills and durable powers of attorney for health care, which are similar to living wills, are required under federal law for hospital patients. These wills can also help patients and family members avoid making difficult decisions at moments of crisis. These matters are best discussed and decided upon before you or a family member find yourself in the hospital.
What are the grounds for divorce in Georgia?
In Georgia, there are thirteen grounds for divorce. One ground is irretrievably broken (sometimes referred to as the no-fault ground). The other twelve grounds for divorce are fault grounds.
What is a no-fault divorce?
To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse, and that there is not a hope of reconciliation.
It is not necessary to show that there was any fault or wrongdoing by either party.
Is there a residence requirement for getting a divorce in Georgia?
Yes, one spouse must have lived in the State of Georgia for 6 months or must have been the last docile of the marriage.
Must I go to court to get the divorce?
Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property, and custody and visitation of children. The agreement is presented to the Court as a Settlement Agreement, and upon approval, made an Order of the Court. The Courts order, called a Final Decree, concludes the lawsuit. If, however, the parties cannot reach an agreement, the issues will be resolved by the judge or a jury.
How long does it take to get a divorce?
If both parties are in agreement, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant has acknowledged service or is served with the Complaint for Divorce. If the parties involved are in disagreement as to any matter, the divorce will be obtained when the case reaches the Court, which can take many months.
What are child support obligations?
In Georgia, both parties are required to support their children until a child reaches 18, graduates from high school not to exceed age 20, dies, marries, or joins the military, whichever event occurs first. The non-custodial parent will be required to pay a reasonable amount of support to the custodial parent toward the childs living expenses. Child support, in addition to a monthly or weekly sum, may also include such items as health insurance and payment of medical and dental expenses.
Child Support Guidelines establish an amount of child support as a percentage range of gross income of the non-custodial parent, based upon the number of children. For one child, the percentage range is 17-23% of the gross income of the non-custodial parent; for two children, the percentage range is 23-28%; for three children, the range is 25-32%; for four children, 29-35%; and for five or more children, 31-37%. The court can deviate from the guidelines in allocating child support based on factors that can include the ages of the children, day care costs, education costs, amount of debt, and obligations to another household.
If my spouse and I agree on all matters pertaining to getting a divorce, do we still need a lawyer?
A lawyer will ensure that all matters that should be settled in a divorce are resolved. Acting without a lawyer could end up being a costly mistake, both to the parties involved, and to their children.
It is true that everyone needs a will in order to give direction to our families after death. Otherwise, spouses and children, by law, may share the estate and other important matters may go unresolved.
What many people do not realize, however, is that they may actually need an estate plan rather that a simple will. Unlike a simple will, a comprehensive estate plan can provide for minor children, second marriages, family businesses and farms, life insurance incorporation, college planning and federal estate tax planning.
Wills and durable powers of attorney for health care, which are similar to living wills, are required under federal law for hospital patients. These wills can also help patients and family members avoid making difficult decisions at moments of crisis. These matters are best discussed and decided upon before you or a family member find yourself in the hospital.
What are the grounds for divorce in Georgia?
In Georgia, there are thirteen grounds for divorce. One ground is irretrievably broken (sometimes referred to as the no-fault ground). The other twelve grounds for divorce are fault grounds.
What is a no-fault divorce?
To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse, and that there is not a hope of reconciliation.
It is not necessary to show that there was any fault or wrongdoing by either party.
Is there a residence requirement for getting a divorce in Georgia?
Yes, one spouse must have lived in the State of Georgia for 6 months or must have been the last docile of the marriage.
Must I go to court to get the divorce?
Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property, and custody and visitation of children. The agreement is presented to the Court as a Settlement Agreement, and upon approval, made an Order of the Court. The Courts order, called a Final Decree, concludes the lawsuit. If, however, the parties cannot reach an agreement, the issues will be resolved by the judge or a jury.
How long does it take to get a divorce?
If both parties are in agreement, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant has acknowledged service or is served with the Complaint for Divorce. If the parties involved are in disagreement as to any matter, the divorce will be obtained when the case reaches the Court, which can take many months.
What are child support obligations?
In Georgia, both parties are required to support their children until a child reaches 18, graduates from high school not to exceed age 20, dies, marries, or joins the military, whichever event occurs first. The non-custodial parent will be required to pay a reasonable amount of support to the custodial parent toward the childs living expenses. Child support, in addition to a monthly or weekly sum, may also include such items as health insurance and payment of medical and dental expenses.
Child Support Guidelines establish an amount of child support as a percentage range of gross income of the non-custodial parent, based upon the number of children. For one child, the percentage range is 17-23% of the gross income of the non-custodial parent; for two children, the percentage range is 23-28%; for three children, the range is 25-32%; for four children, 29-35%; and for five or more children, 31-37%. The court can deviate from the guidelines in allocating child support based on factors that can include the ages of the children, day care costs, education costs, amount of debt, and obligations to another household.
If my spouse and I agree on all matters pertaining to getting a divorce, do we still need a lawyer?
A lawyer will ensure that all matters that should be settled in a divorce are resolved. Acting without a lawyer could end up being a costly mistake, both to the parties involved, and to their children.
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