How to Determine the Duration of Alimony and New Trends



THE DURATION OF ALIMONY AND THE NEW TREND:

As Augusta, Georgia divorce attorneys, we are often asked by folks about how Georgia judges (or juries) determine the amount of alimony in a divorce case and how long such alimony must be paid.  Today, let's focus only on the latter question -- about the length or duration of alimony.  Simply put, generally, in Georgia, while there are guidelines, a judge has complete discretion to determine how long he or she believes alimony should be paid.  Put another way, while a judge will consider the length of the marriage, and the parties' needs and ability to pay, (among other factors), in determining the amount of alimony, the judge generally also has  a lot of discretion in determining the length of time or duration in which it must be paid. 

But judges have common sense.  For example, in theory, it is possible that a party in a short-term marriage of two or three years could get permanent alimony.  But that is not likely to happen.  However, the point is that, in Georgia, generally, judges retain complete discretion to decide the duration of alimony. But that's in Georgia.  What about other states?  Are there any new trends or new approaches in states' alimony statutes?

FLORIDA'S NEW ALIMONY STATUTE:

In Florida, in 2010, their state legislature reportedly enacted a new alimony statute which essentially divides marriages into three categories, based upon duration.  Short-term marriages are defined as marriages less than 7 years; moderate, 7-17 years; and long-term marriages are defined as longer than 17 years.  These three categories, in turn, help determine the duration of alimony payments.

MASSACHUSETTS' NEW ALIMONY STATUTE:

Also, in Massachusetts, just last week, their state legislature passed a new law which similarly limits the duration of alimony payments based upon the length, or duration, of the marriage.  For instance, now, in Massachusetts, for long-term marriages, (i.e. defined as being more than 20 years), alimony will end at retirement age.  And now -- get this -- under their new law, if you have been married for 5 years, or less, the duration of alimony will now reportedly be automatically capped at 50% of the number of months you were married. 

In other words, there appears to be a trend toward "fixing" alimony statutes by limiting a judges' discretion as to the duration of alimony.  Of course, you should consult with a divorce lawyer in your own state about your own state's laws about divorce and alimony!

What is your opinion of this trend and these statutory changes in some states which limit the duration of alimony based upon the duration of the marriage?  Should their be statutory limitations, or should judges retain the discretion to decide how long alimony should be paid?

SLUGGO'S "TREND:"

Of course, if you were married to a worthless spouse, like "Sluggo," you would be happy if he would get off his lazy "trend" and make even one alimony payment!  

Celebrity Divorces and Separations: James Marsden and Lisa Linde

[Photo of James Marsden from wikipedia]

Well, it appears that another Hollywood marriage has bitten the dust.  According to various news reports, Lisa Linde, the spouse of actor James Marsden since 2000, filed for divorce last week from the popular actor and star of Straw  Dogs and the X-Men films.  The couple have two children.  Ms. Linde is the daughter of famous country music singer Dennis Linde.

According to a representative for the couple, while the marriage may be broken, the couple will remain "good friends."  That statement sounds good, doesn't it?  But is it really true? 

Hopefully, they will, in fact, remain "good friends."  Don't you agree that it is possible for a divorcing couple, at a minimum, to at least mildly tolerate each other, for the sake of their children?

Reasons Why People Divorce: The Mysterious Case of the "Lovey-Dovey Divorce"

[Photo from freephotos.co.uk]

As Augusta, Georgia divorce lawyers, we never know what to expect when divorcing couples walk in the door to sign their uncontested divorce documents.  What will be their reactions, or emotional state?  In some divorces, the parties are understandably upset.  In other divorce cases, one party, or the other, may be angry.  And sometimes, they simply remain silent, or stoic.  But then, there is that one case, as a divorce attorney, which I will never forget.  It was the case which I call the "lovey-dovey divorce."

It was a bright, sunny day--just a couple of years ago.  The two parties had arrived at our law offices separately.  Looking out my office window, I could see them, husband and wife, as they paused and warmly embraced, before they entered.  Then, they walked into our offices, hand-in-hand, together.

While going over the divorce documents, it appeared that they could not keep their hands off each other.  He laughed at her witty quips.  They also freely smiled at each other.  In short, they looked more like excited, new lovers than a couple going through a divorce!  But in spite of all their smiles and touches, and their furtive, flirting glances, they each dutifully signed the divorce documents and left!

After they left, I couldn't resist my own furtive glance out the window.  There, I witnessed another warm embrace.  Finally, they each got into their own automobiles and drove away, separately.

Why were they so happy and so warm to each other?  Why were they getting a divorce?  What do you think?  We will never know!  But this was the case of the "lovey-dovey divorce!"  

Reverend Pat Robertson, Divorce, and Alzheimer's Disease: Is It Okay to Divorce a Sick or Dying Spouse?

[Photo from wikipedia]

Whether you love him or hate him, you must admit that the Reverend Pat Robertson has an uncanny affinity for making controversial statements which attract attention.  What do you think of Robertson's latest statement about divorcing a spouse with Alzheimer's disease? 

According to various reports, this past week, Rev. Robertson essentially told viewers of "The 700 Club" television program that it is okay to divorce your spouse, if he or she has Alzheimer's disease, because the condition is a "kind of death."  In fairness, he added that you should first make sure that your sick spouse is taken care of.  But what do you think of his controversial views about divorce from a dying spouse? 

Celebrity Separations and Divorces: Eva Longoria and Tony Parker

[Photo from wikipedia]

Sometimes, celebrities must try to answer some really dumb questions from the media!  If you were asked, like actress Eva Longoria, following a recent divorce, whether you would ever marry again, what would be your answer?

According to various news reports, Ms. Longoria gave a pretty good response to this question, in my opinion.  She basically said that she has not given it a lot of thought and that no woman, after recently getting a divorce, could really give a truthful answer!

Don't you agree that this is a fair response?  After all, Ms. Longoria's divorce from basketball star Tony Parker was just finalized earlier this year.  And while we all can probably safely predict that the Desperate Housewives star will not be desperate to re-marry any time soon, it is equally true that no one, including her, (or you, if you have recently gone through a dvorce), knows what the future may hold.

So, that is why, in my opinion, as an Augusta, Georgia divorce attorney, Ms. Longoria gave a truthful response to a dumb question!

Divorce, Child Support, and Advice to Deadbeat Dads

[Photo from childfun.net]

As you can imagine, because we are Augusta, Georgia divorce lawyers who offer free initial consultations, every day, we receive numerous telephone and email inquiries about Georgia divorces.  In response, we earnestly attempt to give good, sound information about Georgia divorce law.  Also, we always encourage each caller or writer to discuss their divorce questions with their own divorce attorney.  Finally, we also always try to be polite to callers and writers to the Goolsby Law Firm, LLC!

Sometimes, we get questions about divorce which stump us.  In other words, divorce attorneys are not legal encyclopedias.  We simply do not always have the answers without doing legal research.

And sometimes, we get questions for which there are no good responses, or, at least, there isn't a response which the caller or writer wants to hear.  One example of this type of question involves inquiries from so-called "deadbeat dads."  I really don't like to use this term, because, as I have explained before, it unfairly casts a shadow over all dads and ignores the fact that most fathers DO, in fact, support their children.

But a fairly common question we receive from some so-called "deadbeat dads" is:  "How can I surrender my parental rights?"  The answer we generally give is: "You can't!"  In other words, generally, no Georgia judge would (nor should) allow a father to avoid paying child support and simply walk away from their parental responsibilities.  If your spouse won't allow you child visitation, then, generally, your best remedy is to take 'em back to court, in a contempt action, rather than to try to avoid paying child support!

Sometimes, I also want to add that I believe the caller or writer should stop procreating and should consider getting a vasectomy!  But I generally keep such advice to myself!  Like I said, we always try to be polite to callers and writers to the Goolsby Law Firm, LLC!

Divorce, Anger Management, and Driving Cars Through Courthouses

Have you ever gotten so angry that you have completely lost control of your temper and every shred of your common sense?  Divorce can apparently do that to some people. 

According to news reports, a South Georgia bailiff, reportedly angry about a recent divorce, got so angry that he attempted to drive his Mercedes through a courthouse entrance.  Fortunately, a brick planter stopped his futile effort.  But unfortunately, the poor man now reportedly faces criminal charges, in addition to whatever problems got him so upset about his divorce.

As Augusta, Georgia divorce lawyers, we see it all.  We often see folks who maintain an incredible calmness, even while their angry, worthless spouses harass and bedevil them.  But we also sometimes see people get as mad as wet hens when they are wronged by their spouses, or exes.  And we also sometimes see people held in contempt of court because of their anger management issues.  The point is that you should get control, and get help, but not get even.

Another related point is that, if you are going through a divorce, you should never let your temper get you into trouble.  Then, you still have your original problems, plus, like this poor South Georgia man, you also have your new problems, too!  And that may include having to get your Mercedes fixed, too!

Celebrity Separations and Child Custody and Visitation Issues: Halle Berry

[Photo from wikipedia]

An interesting issue involving child visitation was illustrated in a news story reported by TMZ this week.  According to TMZ and other news sources, Academy Award-winning actress Halle Berry was back in court this week with her lawyers to settle a child visitation issue with model Gabriel Aubry, her former lover and the father of their three year old child.  The issue reportedly involved how much visitation Mr. Aubry can have with their child while Ms. Berry is away filming movies. 

Although you may not be a movie star, a similar issue can arise following your separation or divorce, too.  For instance, if you have primary physical custody, but you have a job which sometimes takes you out of town, your ex may seek additional visitation rights.  In other words, your ex may seek, in a divorce modification action, additional child visitation rights, (or may even seek a change as to child custody).  Generally, your ex's argument will be that having the child stay with a parent, (while you are away), is preferable to the child staying with other relatives or in daycare.

Of course, every family law case is different.  In short, if this issue arises in your case, you should consult with your divorce lawyer as soon as possible.  According to TMZ, Ms. Berry reportedly came out of this hearing pretty good, and you may come out okay, too!

Divorce, Divorce Costs, and the "Good Old Days!"

[Photo from geenvillecountyva.gov]

Let's face it.  Not everything was good about the "good old days!"  But some things about getting a divorce were arguably better "way back when" than they are today.  Frankly, in my opinion, as an Augusta, Georgia divorce lawyer, we all should take a few lessons from our grandparents about how lawsuits were handled "back in the day!"  

Here are just a couple of examples of how we could improve divorce procedures. I got some of these ideas from a conversation I recently had with a kind, elderly gentleman who got a divorce over 65 years ago!

1. REDUCE THE AMOUNT OF DIVORCE PAPERWORK: 

The increase in the amount and number of court documents and paperwork was one of the things I discussed with this elderly gentleman.  Ideally, in my opinion, we should reduce the amount of paperwork in Georgia divorces.  For example, this kind, elderly gentleman told me that, when he got a divorce back in the 1940's, the judge signed a divorce decree which consisted of only one page!  Isn't that remarkable?  As a Georgia divorce attorney, I fully recognize that we cannot (and should not) eliminate all divorce documents which are part of a typical modern divorce, including parenting plans, child support worksheets, and the child support addenda.  Some change is good.  But it would also be nice if some of the tangential divorce documents and forms could be streamlined, or eliminated.

2.  REDUCE THE COSTS OF A GEORGIA DIVORCE:

Additionally, it would be nice if the costs of a Georgia divorce could be reduced.  The elderly gentleman told me that, when he got a divorce 65 years ago, it cost only $35.00!  Isn't that incredible?  Now, we all know that $35.00 was still a substantial amount back then, but the costs of going to court have easily out-stripped inflation.  One way to reduce the costs of a divorce would be for the Georgia General Assembly to reduce the amount of the court filing fee.  Last year, (as I have complained about before in this blog), our legislature increased the filing fee for all civil lawsuits, including divorces, from $80.00 to a whopping $205.00!  In my opinion, this filing fee increase was outrageous and unfair to Georgians who can no longer afford justice in this state.

What do you think?  Were the "good old days" really all that good?  What changes would you recommend?

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! 

Celebrity Divorces: Lucille Ball and Desi Arnaz

[Photo of Lucille Ball and Vivian Vance from Wikipedia]

Have you heard?  Tomorrow, August 6, 2011, would have been the 100th birthday of talented actress and business mogul Lucille Ball!  Sadly, Ms. Ball, one of my favoriote comedians, died of an aneurysm back in 1989. 

I won't bore you with a lot of facts about her incredible life and Hollywood career.  But did you know that her original television series, I Love Lucy, aired 180 episodes between 1951 and 1957?  Did you also know that Ms. Ball and her first husband, (and co-star), Desi Arnaz, were married in 1940 and divorced in 1960?  Ms. Ball later married a comic/businessman, Gary Morton, with whom she lived at the time of her death.

Most of you probably know that Ms. Ball was a trail blazer as a television business woman and founder of Desilu film production company.  But did you know that, early in her career, Lucy starred in different films with both the Three Stooges and the Marx Brothers?  

However, that's enough, today, of the facts about the stellar career of Lucille Ball. Today, I mainly just want to say: thank you, "Happy Birthday," and "I Love Lucy!"

Surprising Celebrity Separations and Divorce: Jennifer Lopez and Marc Anthony

[Photo of Lopez and Anthony from Wikipedia]

Have you seen the latest edition of Vanity Fair?  According to various news reports, talented singer and American Idol Judge Jennifer Lopez explains in Vanity Fair exactly why she and her husband of 7 years, Marc Anthony, recently split up.  Among other reported reasons, Ms. Lopez indicated essentially that she realized she wasn't being treated properly and that she loved herself too much not to walk away.

What is your opinion of these cited reasons for this celebrity split?  Also, have you noticed a trend these days that, after a separation or a divorce, many celebrities ultimately "go public" about the splitup, either in interviews, with celebrity interviewers like Oprah, or in "tell-all" books or magazines?

What do you think about this practice of celebrities "going public," rather than keeping such matters private?  Of course, in their defense, because they are in the public eye, many celebrities probably realize that if they don't tell their side of it, then somebody else will gossip about it, or make up something anyway!  So, perhaps celebrities might as well tell the truth and hope it slows down the rumor mills and "inquiring minds."  What do you think?

Uncontested and Contested Divorces in Georgia: Divorce Lawyers And Pro Bono Divorce Cases

As you know, we are father and son divorce attorneys located in Augusta, Georgia, (and the Martinez, Evans, and Grovetown, Georgia areas).  Every day, we handle a number of both uncontested and contested divorces, which involve a number of different issues, ranging from questions about child custody and child support, to child visitation and property and debt division matters.

As divorce lawyers, we also are keenly aware that many of our Georgia divorce clients are going through a difficult time, financially, due to the economy and their divorce.  As a result, we sometimes get telephone calls from prospective divorce clients asking if we would be willing to take their divorce case "pro bono," i.e. for free.

The goal of this post is to attempt to explain why it is difficult for a Georgia divorce lawyer to agree to take a divorce case pro bono, or for free.  One reason is that it really isn't just for free.  In other words, the divorce lawyer would actually lose money, if he or she took the case pro bono.  Let me explain.  Even if the divorce lawyer charges no legal fees, the divorce lawyer would still actually go in the hole, if he or she must dig into their own pockets to pay for the divorce costs, including divorce filing fees, service fees, court reporter fees, guardian ad litem fees, and on and on!

Another reason why divorce attorneys generally don't take divorce cases on a pro bono basis involves the amount of time which some divorce cases take.  In other words, if a pro bono divorce case takes up a large percentage of a divorce attorney's time, over several months, then it makes it more difficult for that attorney to pay the law firm's overhead.  Put another way, time spent by a divorce attorney on a "free" divorce case could have been spent generating funds to pay the office overhead from "paying" cases.  This may sound cold, or callous, but, simply put, like in any other business, if a family law law firm cannot pay its overhead, then it cannot keep its doors open to help anyone!

As a result, in my opinion, generally, it simply is not practical to ask or expect a Georgia divorce lawyer to take your divorce case pro bono.  Instead, we recommend that you seek help from family and friends with the costs of your divorce.  We also suggest that you try to work out some sort of reasonable retainer and payment plan with your divorce lawyer.

We, at the Goolsby Law Firm, LLC, attempt to work with prospective clients concerning reasonable fees and payment plans, whenever possible.  We also offer very affordable rates -- one-half to one-third what some divorce attorneys charge -- especially for uncontested divorces, (even with children).  In addition, we offer free consultations and answer questions from callers about divorce and child custody cases every day!  (Many other divorce lawyers charge a fee for a consultation).  Finally, nearly every day, we also offer practical, tips, "pro bono," in this divorce blog, for you to discuss with your own divorce lawyer -- for free!

Movies About Divorce: Crazy, Stupid, Love

[Photo from Wikipedia]

Are you a fan of The Office's former star, Steve Carell?  If so, you may want to check out his new movie about divorce and the single life, called Crazy, Stupid Love.  The movie opens in most places next weekend.

In the movie, according to Wikipedia, Carell plays a guy who is shocked to learn that his wife, played by talented actress Julianne Moore, wants a divorce.  Ill-equipped for his new singles lifestyle, he reportedly becomes "wingman" to a cool "player," played by actor Ryan Gosling.

Can we be honest here?  Frankly, I am not a big fan of The Office.  But this new movie, which has some fine actors in it, appears to hold promise for a few laughs about an otherwise unfunny topic!

What do you think?  What are some of your favorite movies about divorce?

Shocking Celebrity Separations and Divorces: Jennifer Lopez and Marc Anthony

[Photo from Wikipedia]

This past week, according to news reports, singer, actress, and American Idol Judge, Jennifer Lopez, and her husband, singer Marc Anthony, have reportedly separated.  Lopez and Anthony, who have been married for seven years, have two children.

Did you know about the amazing charitable work done by Ms. Lopez?  For instance, she is noted for her fine work on behalf of the Children's Hospital Los Angeles.

Hollywood has apparently taken its toll again on another celebrity marriage.  Here's hoping that Ms. Lopez and Mr. Anthony will find happiness again.

Divorce, Family Violence, and Bobbitizing It

Family, or domestic, violence is a real problem in this country.  Far too many women, (and some men), suffer immeasurably at the hands of abusive spouses.  As a result, in my opinion, getting a divorce should not be so costly, or difficult, that a spousal abuse victim will feel forced to take the law into their own hands.    

For instance, do you recall the strange 1993 case of John and Lorena Bobbitt?  According to reports, Ms. Bobbitt, after allegedly suffering for years as a victim of abuse and adultery, struck back by cutting off Mr. Bobbitt's penis, which was later re-attached by surgeons.  As you will recall, Lorena Bobbitt was prosecuted, but later obtained a verdict of not guilty by reason of insanity.  The couple subsequently divorced.

Now, this week, according to news reports, another woman, Ms. Catherine Kieu, of Garden Grove, California, has been charged with torture and aggravated mayhem, after allegedly tying down her estranged husband in a bed and cutting off his member with a kitchen knife.  Unlike Ms. Bobbitt, who merely threw away the detached member, which was recovered and re-attached, Ms. Kieu allegedly tossed her spouse's penis down the garbage disposal and flipped the switch.  The news reports are unclear as to what, if anything, could be re-attached.

Again, these cases illustrate some of the problems of family violence.  Such cases also demonstrate that further violence, or going to prison, is not the answer.  Seeing a divorce lawyer and getting a divorce is a better solution.  Don't you agree?  What is your opinion?

GPS Devices and Tracking a Spouse To Prove Adultery

[Photo from shop.geocaching.com]

Do you suspect that your worthless spouse, "Sluggo," is cheating on you?  But are you unsure how to prove his adultery, or infidelity?  Well, did you hear the news this week out of New Jersey?  According to various news reports, a New Jersey court held this week that a divorcing party who hired a private investigator who helped her prove her spouse's adultery, by placing a GPS tracking device in her alleged cheating spouse's car, did not violate the alleged cheater's privacy rights.

Of course, as Augusta, Georgia divorce attorneys, we strongly recommend that you consult with your own divorce lawyer concerning all your rights and options BEFORE you attempt to prove adultery in this manner!  Privacy and search and seizure laws vary from state to state.  Additionally, as we have also discussed before in this divorce blog, you could get into trouble if you try some questionable tactics.  For example, we have discussed before the trouble which people can get into for hacking into their spouse's emails.

The bottom line:  As television host Nick Cannon warns on America's Got Talent, "PLEASE DO NOT TRY THIS AT HOME!"  More specifically, do not try any method of proving Sluggo's infidelity without first consulting with your divorce lawyer about it!

Favorite Movies About Divorce: Just Go With It

[Photo from Wikipedia]

Just Go With It is one of my new favorite movies about divorce.  The movie stars Adam Sandler, as a plastic surgeon, who pretends to be going through a divorce, in order to attract a young woman. The movie also stars Jennifer Aniston, who, along with her kids, is enticed by Sandler's character to help him convince the young girl friend that the divorce is amicable.  Aniston's character, a single mom, has already been through a divorce.

Trust me!  "Just go with it" and give this hilarious, well-acted movie a try!

Celebrity Divorces and Separations: Schwarzenegger and Shriver

[Photo from Wikipedia]

According to various news reports, Maria Shriver has finally filed for divorce this week from former California Governor, and actor, Arnold Schwarzenegger.  Of course, we do not need to repeat here again all the salacious information "out there" about the former governor's adultery and love child.  I am sure you are already familiar with it.  This divorce filing appears only to be the latest stage in this ongoing celebrity separation and divorce saga.

One interesting new aspect of this case involves news reports that Ms. Shriver may be entitled, under California law, to an estimated $200 million from the marital estate.  Of course, no doubt, both Schwarzenegger and Shriver will have good divorce lawyers to resolve such issues.  And we can all be confident that divorce attorneys for each side will ensure that neither party will miss a meal after the divorce is final!
The State of Georgia, unlike California, is not a community property state.  However, in Georgia divorces, generally, Georgia judges will nonetheless attempt to equitably divide marital property, if the parties cannot resolve it.

Here's hoping that the former governor and Maria Shriver, and their divorce lawyers, will be able to amicably resolve all the remaining issues in their divorce.

How Much Do Uncontested Divorces Cost in Georgia?

Okay, maybe it is time that I got back up on my soapbox to protest, once again, the Georgia General Assembly's increase last year in the amount for filing for a divorce in this state.  (This terrible filing fee increase also applied to filing other types of civil lawsuits, too).  Specifically, the increase in the divorce case court filing fee jumped from $80.00 to a whopping $205.00!  Isn't that awful?

As Augusta, Georgia divorce attorneys, we try very hard to help our divorcing clients through a difficult time.  We have also helped many people, as divorce lawyers, by working hard to keep our legal fees affordable.  But we cannot change or help with the filing fees!  This significant increase in the court costs for a divorce has made it even more difficult for many Georgians seeking one.  Wouldn't it also be a terrible injustice if an abused wife must stay married, (and continue to get abused), simply because she cannot afford to get a divorce?  It happens!

Something must be done to correct this injustice!  Until that day comes, you can count on me to continue to climb back up on my soapbox to protest here!