Celebrity Separations and Divorces: Demi Moore and Ashton Kutcher

[Photo from Wikipedia]

I am sorry I have been away from the blogging world for the past week!  As an Augusta, Georgia divorce lawyer, (who also handles personal injury, criminal defense, and countless other legal matters), I have really been busy! I feel like I have been jumpin' and steppin' on alligators all week -- with both feet!  But it's nice to be back to blogging!

Have you heard the news reports about an alleged potential split between Hollywood actors Ashton Kutcher and Demi Moore?  You will have to read elsewhere about all the sordid allegations -- including allegations of adultery.  In fairness, probably no one in the entertainment media really knows the truth about such allegations.  But smut --whether true or not -- sells rags, doesn't it?  However, in any event, such smutty allegations are not the point of this post, anyway. 

The point of this post is that, as the Moore-Kutcher marriage has clearly demonstrated, (at least, until now), marriages between older women and younger men can, and do, work.  As you may know, Ms. Moore is 48; Ashton Kutcher, the new star of Two and a Half Men, is only 33.  They have been married for 6 years.  So, no matter what happens between them now, don't you agree that this case shows that such marriages can work?  Put another way, does age really matter?  Do May-December romances really work?  What is your opinion?

Okay, now I must put back on my divorce attorney hat and commence steppin' on alligator heads again!

Is It Really "Your Thing?" Or Can You Really Cheat Or "Do What You Wanna Do" Before Your Divorce Is Final?

[Photo from users.rowan.edu]

Do you remember the classic 1960's song, "It's Your Thing," by the Isley Brothers?  If so, then you will recall that the song's lyrics essentially suggest that, because it's "your thing," then you can "do what you wanna do" and "sock it" to whomever you want and, presumably, whenever you want!

But is this song really true in all situations?  More particularly, is it really "your thing," during a divorce, and can you "sock it" to whomever you want, and whenever you want, even before your divorce is final?  In other words, is it okay to cheat, or commit adultery, even before the ink on your divorce decree is dry?

As divorce lawyers in Augusta, Georgia, in our opinion, our plain, simple answer to this important question is "NO!"  It is NOT okay!  In other words, generally speaking, (and from a legal standpoint), in a Georgia divorce, it is NOT okay to cheat, or date, or commit adultery, or run around, or do "your thing" until after your divorce is final!  There are too many potential ramifications and too many potential adverse consequences, of cheating, to discuss here.  Be sure to consult with your own divorce attorney.  But a couple of examples should suffice.  

For instance, proof of cheating, even long after the separation, might tend to support your spouse's claim that adultery also occurred before the separation.  In addition, if you are out partying and "running around" while the divorce is pending, it could potentially have an impact on the issue of which party would make the best custodial parent in a child custody battle.  Again, talk with your own divorce lawyer about this issue!

Look, as divorce attorneys, we realize that you are, in reality, going to "do what you wanna do."  But our job, as divorce lawyers, is not to slap you on the back and approve everything you "wanna do."  Our role is to provide information and sound advice, even if it is not what you want to hear.

Can you imagine my surprise when I recently read another divorce lawyer's blog in which that divorce attorney essentially suggested that it is okay to cheat during a divorce?!  Actually, the lawyer basically suggested that it is okay to cheat before your divorce is final, but just don't get caught! 

Well, you won't hear that same advice, or opinion, at the Goolsby Law Firm, LLC!  As you know, we are divorce lawyers in Augusta, Georgia -- in the heart of the Bible Belt.  Maybe things are handled differently in divorce cases in other places.  And maybe it is okay to do "your thing" in other jurisdictions. 

But in Georgia, if you are going through a divorce, again, you should discuss the potential impact of adultery on your divorce with your own divorce lawyer.  And, if you ask us, from a legal standpoint, while it may be "your thing," you shouldn't "do what you wanna do," until after the divorce is final. 

A Divorce Lawyer's Take on "Do It Yourself Divorce" Kits

[Photo from apartmenttherapy.com]

Everybody is into DIY (do-it-yourself) projects these days!  I love to refinish antique furniture!  But please let me explain why I believe DIY kits may not be the best way to go when you get a divorce in Georgia.

Okay, I realize that before I offer this critique of  DIY divorces and divorce kits, some of you may think it is just sour grapes offered by a greedy divorce attorney!  In other words, you may think I am just another divorce lawyer who doesn't appreciate the competition!  But please believe me that that is not the case!  I simply do not recommend that anyone should attempt to handle such an important, complicated legal matter without help from a professional.

For instance, in many divorce cases, both contested and uncontested divorces, there are generally a number of relatively complicated issues, such as child custody and child support.  For example, no kit is likely going to tell you all the proper factors in calculating child support under the Georgia child support guidelines.  Also, there are a number of requirements for a Georgia divorce which, in our experience, the so-called DIY divorce kits typically do not meet or satisfy.  For example, no kit is going to tell you that, in a Columbia County divorce, you will need to submit a properly filled out summons, even in an uncontested divorce.

Finally, there is one additional reason why I believe DIY kits are not the best way to get a divorce in Georgia.  This reason is that there are a number of divorce lawyers, including us, at the Goolsby Law Firm, LLC, who will handle simple, uncontested divorces for an affordable retainer that does not cost a lot more than many of the DIY kits!

So, have I convinced you that a do-it-yourself divorce is not the best way to go?  Save your creativity for your home repair projects! 

IRS Announces New Innocent (Or Injured) Spouse Relief Policy

[Photo from Wikipedia]

We are divorce lawyers, not tax lawyers, in Augusta, Georgia.  However, we wanted to pass along to you, (for you to discuss with your own attorney), some information issued by the I.R.S. this week concerning "innocent spouse relief."  This refers to the fairly common situation in which a divorcing spouse, even after they have gotten a divorce from their worthless spouse, "Sluggo," gets zapped by the I.R.S. for back taxes and penalties on income earned, but not reported, by Sluggo.  According to the policy, in some cases, the I.R.S. will not hold the innocent spouse responsible for Sluggo's problems, provided the innocent spouse did not know, nor could have known, about the tax understatement by their ex.

The problem, in the past, for some innocent spouses, has been that there was a two year time limit in which to seek relief based upon this equitable ground.  But now, thankfully, according to I.R.S. notice 2011-70, the two year time limit may be waived!  You can learn more about this policy change by going to http://www.irs.gov/ or by consulting with a tax professional. 

Again, we are just Augusta, GA divorce attorneys, not tax lawyers!