15 Costly Divorce Mistakes

There's currently an article on MSN Money about 15 Costly Divorce Mistakes. They are:

Becoming a financial victim
Not considering mediation
Hiring a combative lawyer as punishment
Failing to recognize your enemy: the IRS
Not producing an accurate budget
Not evaluating a divorce settlement on an after-tax basis
Failing to use computer models to evaluate settlements
Bringing an emotional attachment to assets
Using your lawyer as a financial planner, therapist or messenger
Accepting a settlement that isn't as good as it seems
Disregarding the impact of inflation
Not waiting until a wife is eligible for her husband's Social Security
Forgetting to update estate documents
Failing to adequately insure the divorce settlement
Failing to develop a financial plan

All of these are good points; one thing to consider when hiring an attorney is their effectiveness at negotiations and mediation. Can they effectively work outside the court system to get you a settlement that you can live with after the divorce? Remember, your costs will go up - where there was once one house, there are now two. Two rents or mortgages, two utility bills, two water bills, two internet service providers, and the list goes on and on. Add in child support and alimony, and it will take some adjusting to before you are back on your feet. Work to minimize legal fees to help with the transition.

Taking Stock Before The Divorce

Are you ready to file for divorce? Is your spouse threatening to file? No, I do not mean that you take any shares of stock that your spouse may own before you get divorced. But you do need to review where you stand before you file for divorce. Here are a few things that you should review as divorce becomes more imminent:

• Take stock of your career. Are you earning enough money to support yourself and your children? Do you have the necessary education and training to go back to work, if necessary?
  
  
• Take stock of your spouse's career. What is your spouse earning? Will he or she be able to support his or herself without support from you? Will he or she need additional training to return to work?
  
  
• Take stock of your finances. As part of the taking stock of your career, you will need to look at the current status of your finances. Get copies of your recent tax returns, bank statements, and retirement and investment account statements. Catalog all the major assets that you and your spouse currently have. Did you or your spouse have any of them (pre-marital assets) before you got married? Do you and your spouse have any credit card debt? How much is left to pay on the mortgage? Any car loans?
  
  
• Take stock of insurance plans. After you are divorced, you may no longer be eligible for your spouse's health insurance. Figure out if your employer can provide insurance if your spouse has been providing the insurance. Remember, if you will soon be a single parent, you will probably want to provide your children with adequate life insurance. You may also want to investigate disability insurance in case you cannot work due to injury or disability.
  
  
• Take stock of major assets. The house, the car, the furniture, the big-screen television. List them all. Do you have valuable pieces of artwork, collections, or jewelry? What about a boat, airplane, vacation home, timeshare, or any other assets?
  
  
• Take stock of your legal options. Most often, you will need to consult with an attorney. Often times, you may have rights to the marital home, bank accounts, and temporary alimony and/or temporary child support while the divorce is pending. Consult with an attorney to determine what, if any, additional steps you need to take.

Most of these options refer to your finances. That is because you will have to pay for all your own household expenses, without much help from your former spouse. During the divorce proceedings, you will need this information, much of it when you initially file or answer a complaint for divorce. It is often times easier to gather the information before you tell your spouse that you want a divorce.

In any event, if there has been domestic violence, do not wait to take stock of anything. You must protect your physical safety first and foremost.

New Program Allows State Office to Collect DNA Samples

The Athens and Newnan offices of the Office of Child Support Services are test sites for a new program designed to speed up DNA testing in child support cases. In those two offices, medical technicians can now begin to collect DNA samples. By allowing the in-office collections instead of farming out the collection to the third party DNA labs, the office hopes to save at least a week in obtaining DNA results.

News Coverage: Athens Banner-Herald

Georgia Supreme Court Wrapup

Decisions of interest to this blog from September 24:

Hawthorn Suites Golf Resorts, LLC v. Feneck: Hawthorn Suites lost its appeal of the trial court's dismissal of its lawsuit against Dana Feneck on the grounds of forum non conveniens. Basically, forum non conveniens is the principal that the trial should be help where it is most convenient for the trial court, witnesses, and parties. Feneck had been hired by Hawthorn Suites to manage a property in Louisiana and eventually moved there. The trial court granted Feneck motion that trial should be in Louisiana, not Georgia. The Georgia Supreme Court affirmed. Full Opinion

Alejandro v. Alejandro: This was a divorce action where both parties committed adultery, but the trial court found the cause of the dissolution of the marriage was the husband's return to another state for work purposes. Thus, it was proper for the Court to award the wife with sole custody of the children, as that was in their best interests. Since adultery was not the cause of the dissolution of the marriage, making the husband responsible for certain debts does not violate Georgia law that says alimony should not be awarded to a party whose adultery caused a divorce. Full Opinion

Hammond v. Hammond: Wife appeals the trial court's award of custody to Husband and the calculation of child support obligations. As to the award of custody, the trial court found it was in the best interests of the children to allow them to stay with the father because they would not have to change school districts. The trial court has broad discretion in awarding custody, and the Supreme Court "will not interefere with any such decision absent a clear abuse of discretion." It is "not an abuse of discretion if there is any evidence" to support the decision. As to the child support obligation, the wife's income was improperly calculated because it included child support payments from a previous relationship. Full Opinion

Scarborough v. Scarborough: In the absence of a provision in the parties' settlement agreement and divorce decree incorporating the settlement agreement, a non-custodial parent is entitled to a credit against his or her child support obligation for social security retirement benefits which become payable directly to his or her children at some time following the execution of the settlement agreement. The Court cited two early 1960s cases addressing similar issues, and said in effect that the Social Security disability payments made to the dependent child are a substitute for income and that retirement benefits were earned in part by the parent. The payments can only be used as an off-set if the payments were not already being made at the time of the agreement and divorce decree or if there is not otherwise a provision that addresses future retirement benefits in the settlement agreement or divorce decree. Full Opinion

State Rep. to Sponsor Bill For Unpaid Family Leave

State Rep. Margaret Kaiser (D-Atlanta) said she will sponsor a bil that would provide up to 24 hours of unpaid leave per year for workers to deal with their families' medical and educational needs. This would include such tasks as taking children to doctors appointments, registering the children for school, or attending parent-teacher conferences.

For more on this proposed legislation: "local newspaper"

Changed Your Name? Check The Status of Your Drivers License

When the federal government passed the Federal Real ID Act in 2003, the Georgia Drivers Services Department began checking drivers license names against the Social Security Administration's database. If your name did not check against your name with the SSA (according to your social security number), then your drivers license was canceled. The Drivers Services Department would send you a letter, at your last known address, to tell you that you could clear up the discrepancy within 120 days.

Many individuals, particularly married women, have been hard hit when they find out, sometimes years later, that their drivers licenses were canceled. So if you have changed your name for any reason, including marriage, divorce, adoption, please check with the Drivers Services Department to make sure your license is valid.

See the "local newspaper" story for more information.

You can contact the Driver Services Department at 678-413-8400 and the Social Security Administration at 1-800-772-1213.

Running Back Ordered to Pay Child Support

Travis Henry, running back for the Denver Broncos, was ordered to pay $3,000 a month in child support for his three-year-old child in DeKalb County. He must also fund a $250,000 trust for his child by next spring. The trust is a very unusual step in Georgia; in fact, according to Henry's attorney, this may be the first of its kind in this state.

Henry has at least eight other children, including children in Florida, North Carolina, Tennessee, and Georgia. The "local newspaper" has more on this story.

Most Adults Don't Have A Will

Over half the American population does not have a valid will according to a recent article by Alan Kopit at Lawyers.com. Only one in three African Americans and one in four Hispanic Americans have a will. However, the number of Americans that have a living will or medical directive has increased in recent years, after controversies such as Terri Schiavo. One in ten of those that don't have such documents (wills or living wills) say they do not have any kind of estate plan because they do not want to think about dying or becoming incapacitated.

If you do not have an estate plan in place, the State is left to determine how it thinks you would want your assets distributed or medical decisions made. That means that your assets will be distributed to your family and you will probably be left on life support for years. If you are left on life support even without a hope for recovery, you may be draining important resources away from your family. And what happens to your kids? Your pets?

It is tough to face the possibility of one's own death. But that does not stop it from coming, sooner or later (preferably, later). The piece of mind that your loved ones will be taken care of should be enough to kick start you into getting a proper will. And if you do not want to be left on life support forever, make sure your wishes are known. If you are worried about costs, go back to the old adage, an ounce of prevention is better than a pound of cure. With a short trip to an attorney's office and a few hundred dollars for a living will, Terri Schiavo could have avoided the lengthy court battle that the two sides of her warring family endured.

It will be the best present you can give your family.

Legal News from Around the State...

Albany: Citizens expressed their concern over a proposed Downtown Riverfront District; they are worried that the district will be an "entertainment district" that would allow businesses to avoid several local ordinances, primarily one limiting the proximity of bars. The Albany Herald has the story.

Atlanta:

HomeBanc Corp., the hard-hit Atlanta based mortgage lender, announced Tuesday that it is closing its mortgage loan business and selling some assets to Countrywide Financial Corp. Homebanc will continue to service existing loans although it will not accept any new loans. Existing applications will be reviewed by Countrywide. The "local newspaper" has the story.

Metro Atlanta commuters will see more ramp meters to control the flow of traffic on entrance ramps, beginning today. Starting with this afternoon's commute, GA-400 northbound entrance ramps at Northridge, Holcomb Bridge, Mansell, Haynes Bridges, and Old Milton Parkway.

Rebekah Worsham has filed suit against Aaron Rents in Fulton County State Court, seeking $250,000 in damages relating to a bed bug infestation from furniture rented from the retail giant.

Columbus: In the ongoing struggle over water from the Chattahoochee River, the Columbis City Council gave the go-ahead for a lawsuit against the U.S. Army Corps of Engineers in order to guarantee that the city receives adequate supplies of water. The Water Wars already include lawsuits from the states of Georgia, Alabama, and Florida against the Corps of Engineers. For news coverage on the latest lawsuit, see the Columbus Ledger.

Dunwoody: The housing slump is affecting Dunwoody; a development that was to be residential condos looks like it may be going towards office condos instead. The Dunwoody Crier has the story.

Lawrenceville: Following the lead of Cobb County, Gwinnett County Commissioners are looking to toughen housing ordinances to prevent home overcrowding. See the Gwinnett Daily Post for the full story. See Cobb County Limits Adults in Household for more information on the Cobb County ordinance.

Macon: The Macon-Bibb County Urban Development Authority approved a bond resolution to help finance a convention center hotel adjacent to the Wilson Convention Center and Macon Coliseum. More information is available from the Macon Telegraph.

Savannah: Chris Rock is not the father of a 13-year-old boy whose mother claimed he was in a paternity test in Bulloch County (Savannah, Georgia). The Daily Report has the story.

Cobb County Limits Adults in Household

Cobb County Commissioners unanimously voted to tighten housing restrictions to ban overcrowded homes. The new rules are aimed at boarding houses in residential neighborhoods and too many cars per household. Opponents say that this is a move by county commissioners to tackle problems relating to illegal immigration.

The new law says that each adult must have 390-square feet of living space, up from 50-square feed of sleeping space. Up to six adults, including two who are not related, may live in a home, if said home is big enough (at least 2340 square feet). The law limits family to adults, their children and grandchildren, and siblings. In cases where the square footage allows, homeowners are able to seek a permit for more than six adults to live in the same house.

The new law also limits cars regularly parked at the home; the standard is the same 390-square foot measure that limits adults. In effect, if you are at full occupancy in your Cobb County home, each adult can have one vehicle.

Cobb County commissioners delayed a vote on baning day laborers from seeking work by standing in public areas or parking lots. The vote on that ban will now take place August 14.

Alienation of Affection

A recent Associated Press report states that an Illinois man was found guilty in a civil lawsuit for stealing another man's wife. See the Chicago Sun-Times for the full story. The formal legal term is "alienation of affections."

In O.C.G.A. § 51-1-17, Georgia abolished "alienation of affection" as a cause of action. Aggrieved spouses in Georgia are not going to be able to win in court under the same theory that the Chicago husband used.