Category Archives: Georgia Divorce

To begin a divorce proceeding a spouse must go to Superior Court (usually in the county where the couple lives) and file a Complaint for Divorce, also known as a Petition for Divorce. There is a filing fee that must be paid to the clerk’s office at the time of filing – contact your local court for the exact amount, plus ask about any other fees that may apply.

The divorce petition is a formal and legal declaration to the court and to your spouse that you are seeking a divorce. This document also states that you are seeking relief for all other related issues such as alimony or spousal support, child custody, and equitable division of property including any outstanding debts.

A copy of the Complaint for Divorce will be served on (personally delivered to) the other spouse by a sheriff of the appropriate county, a private process server, by you, or by your divorce attorney.

Does It Matter Who Files First In a Divorce?

Legally it does not matter which spouse initiates the divorce, but of course the person filing will typically pay the filing fees mentioned above. Regardless of who files first, both parties are treated equally under the law.

Emotionally it can make a difference who files first, and I have had clients who were completely caught off guard when they were served with divorce papers. Hopefully the couple already has talked about the state of their marriage and their options before the courts get involved. Of course their relationship may be too strained for those talks to happen.

Do Both Parties Have to Pay For the Divorce?

The spouse who files for divorce in Georgia will pay the filing fee unless the other spouse agrees to cover this cost. I can help you file your Petition when you are ready and also show you how and where to file.

Each family situation is different, and over my 30-year law career I have helped couples reach an agreement regarding their financial situation so that there is an equitable outcome. Beyond court fees there will be legal fees if an attorney is hired. Personally, I ask for a retainer when you hire me, and I will return any unearned portion at the end of a case once your divorce is finalized.

How Long Does It Take to Get a Divorce in Georgia?

The answer depends on whether a divorce is simple or complicated, and how well the spouses can resolve all living arrangements and financial issues between them. Every divorce is different. Understandably, the more the two of you can agree on terms, the more both of you will save on time and on divorce attorney legal fees.

Please call my office at (770) 980-9096 if you are thinking of filing for divorce. Even if you decide to represent yourself, or hire a different Atlanta divorce lawyer, I can answer your questions and advise you on the best way to proceed.

If you or your business is registered with the state of Georgia as a corporate entity, you should have received notice from the Secretary of State’s office that your annual registration and payment for 2020 is due by April 1, 2020. I can help you fill out the online registration form and guide you through the process. If you would like to make changes to your corporation then I can help you achieve those as well.

Businesses require precise, professional, and experienced representation. I keep up with changes in incorporation law and recent court cases that could have an impact on your business revenue and operations.

30-Year Veteran Business Law Attorney and Business Owner at Your Service

I take pride in delivering top-notch services in a cost-effective way. I also understand that time is money for a business owner. Perhaps a legal check-up is needed. Together we can discuss solutions and options completely personalized to your situation.

Call me at (770) 980-9096 if you have questions about the SOS corporate registration and payment submittal process. It is very important that you submit your registration and payment on time.

According to the official notice issued by the GA Secretary of State’s office, “Your annual registration must be postmarked by April 1, 2020. If your annual registration and payment are not postmarked by the April 1st deadline, you will be assessed a $25.00 late filing penalty fee and/or your entity may be administratively dissolved or revoked by the Secretary of State.”

You can file your annual registration online with a credit card at https://ecorp.sos.ga.gov. The Corporations Division accepts Visa, MasterCard, Discover, American Express and ATM/Debit Cards with the Visa or MasterCard logo for online filings only. The annual registration fees are: $50 for profit corporations, LLCs, and LPs; $30 for nonprofit corporations; and $25 for foreign LLPs.

If you want to mail your registration form along with a check you must follow certain rules to ensure your payment is processed for 2020. I have years of experience filling out these forms by the non-negotiable deadline and using the correct form of payment required. Call me at (770) 980-9096 anytime you have questions about the GA SOS corporate registration process, or other year-end business questions.

All Business Law Practice Areas Covered

My Sandy Springs law firm, Nancy N. Ghertner, P.C., specializes in the following Business Law practice areas:

Formation of Corporations, LLCs and Related Documentation

Start-Up Business Planning and Consulting

Business Contracts

Buy-Sell Agreements

Buying and/or Selling a Business

Shareholder Agreements

Security Agreements

Operating Agreements

Advisory Services for Ongoing Business Legal Needs

Employment Agreements

Independent Contractor Agreements

Call (770) 980-9096 and get a free 10-minute phone consultation with 30-year veteran Business Law Attorney Nancy Ghertner.

The holiday season is upon us, and there are lots of opportunities to create joyous moments with family and friends. However, not everyone is full of tidings of comfort and joy, especially spouses who have really tried to hold their marriage together “for the kids” but now feel that a divorce is inevitable. How do you tell your kids about a major change in their young lives, and when do you tell them? Should you wait until after the holidays when things aren’t so hectic?

The answers will be different depending on how old your children are. For this article I am talking about children who are pre-teens or younger. Through working with many clients as a divorce attorney in Atlanta I have found that the best approach is for mom and dad to sit down together with their children, and beforehand agree on what to say, and how best to say it.

Emotions will naturally want to spill out, including unhelpful ones, so I recommend that both spouses focus on the needs of their children. Kids want security and routine and they will want to know where mom or dad is going to live, and how things will be different.

Before you ask the kids to gather for a family talk, I suggest that you and your spouse decide ahead of time who is going to speak first. Usually this person will be the one who is filing for divorce, but the other spouse should be supportive regardless of how they feel about the breakup. The goal here is to reassure the kids that they will be safe and loved even though the living arrangements are changing. Remember to tell your kids that this is a permanent change so that they don’t hold out hope for a reunion of mom and dad.

If you can hold off on having this courageous conversation until after the holidays, that may work out better for everyone. I am available anytime to talk to you about how to file for a divorce in Georgia and answer any questions you have.

This may be the first school year that you experience as a divorced single parent, but you’ll make it happen! Getting everyone ready for back to school is tough enough when a couple is still together and in one household, but the degree of difficulty ramps up when there are two households. Each parent should commit to providing the best environment for their child when it comes to studying, eating a healthy breakfast, and providing a healthy lunch.

Try to get your child to the bus stop on time or drop them off at school before the bell rings. Your kids don’t need that added stress as they are figuring out how to cope with new schools and/or a new normal.

If your ex-spouse is picking up your child for school in the morning, please don’t make your son or daughter intentionally late so that your ex must wait outside in the car. The other parent’s time is just as valuable and precious as yours. Be considerate and you will be treated with the same consideration. Plus, your child will learn about healthy negotiation and responsibility.

When the kids stay with you on school nights, give them a quiet space to do their homework, and make sure they aren’t distracted by a loud TV or phone conversations. I know there may be lingering ill feelings and hurt after a divorce but try to put these emotions on the shelf. Remember that just because you are no longer husband and wife, you are still parents.

If you and your ex-spouse share school pick up duties, make sure the school knows you both are authorized to pick up the kids. That may sound like a no-brainer, but you have to realize that teachers and administrators are very cautious, especially when the situation involves divorced parents. One parent may not have the legal right to be with his or her child.

If it is your night to have the kids over during the week, have them lay out their clothes the night before and make their lunches. This is a great opportunity for your child to learn planning and preparedness and to see the benefits. In the morning, the kids should be well-groomed and dressed appropriately. What you want to avoid is having a homeroom teacher say something to your disheveled child like, “Oh, did you spend the night at your dad’s/mom’s?”

Children always are going to need their mom AND their dad to help them excel during each new school year. Even though your marriage ended, your parenting job is lifetime employment. You can fulfill this precious role by bringing your kids to their doctor and dentist appointments, bringing vaccination records to school, and chipping in some extra cash for school supplies. If you start feeling overwhelmed, remember to keep on smiling and chopping wood. It will get better for everyone.

By: Nancy Ghertner, Atlanta Family Lawyer

It’s Spring Break time, and soon enough after that it’s summer vacation time. If you have the kids for Spring Break and plan to travel either out of town or out of the country with them, experience has shown that it’s best for all – both parents and children – to let the other parent know where you and the children are going, where you and the children will stay, and how best to reach the children. Even if your divorce decree does not require you to provide this information to the other parent, following this practice may be good for the long term.

The first thing I would advise (assuming it really is your year to be with the children over Spring Break) is to give the other parent enough notice that you are going on vacation, not as a last-minute throwaway but as a focused and respectful sharing of information about your common interest, your children. Share as many details as are available.

I have heard from parents who were surprised when their ex-spouse casually said, “Hey, remember we talked about this. I’m taking the kids to _________ (anywhere, even out of the country) for Spring Break.” Try your best to provide at least 30 days advance notice of your planned departure – the more lead time the better.

While usually not a legal issue (but if it were the whole episode could turn into a nightmarish international child abduction case), sending the other parent an email that contains flights, hotels, cities visiting, and best way to contact the children just may lead to an increased likelihood that when it’s the non-traveling parent’s turn to take the kids on vacation, they will extend to you this same courtesy.

It might be necessary also to get the non-traveling parent to write and sign a letter that says he/she is aware that the kids are traveling alone with you and gives you full permission to do so. Again, taking this step may not be legally binding per your final agreement, but when travel to another country is involved, such a written letter may come in handy. Also, sometimes cruise lines and/or airlines require such proof from the non-traveling parent – check on that ahead of time.

I wouldn’t recommend it, but if your new significant other is traveling with you, as a courtesy, I have a few suggestions to be carried out well ahead of time. Let the other parent know that the new significant other will be accompanying you with the children. If the other parent has never met this person try to have him/her meet your ex before the trip. This can get tricky and emotions might flare, especially if this is a brand-new relationship in your life, but the children’s other parent is entitled to that courtesy.

All this caution comes down to reassuring the non-traveling parent that his/her children are safe and with responsible adults during their trip.

Believe me, your children will pay attention to how well you treat and respect each other, and isn’t that what you want to teach them about healthy relationships? And on the practical side you may need your ex to take in the mail for you and keep an eye on your place while you and his/her children are away. It’s pretty much back to a variation of The Golden Rule – treat your former spouse as you would want them to treat you so that everyone can relax and enjoy their vacation time.

Put Your Children’s Needs First After a Divorce in Georgia

Children can be traumatized by the breakup of their mom and dad’s marriage. All of a sudden both parents no longer live with them in the same house. “Where did Mommy or Daddy go?” they may ask.

If your children are old enough to understand what is going on, you and your spouse should sit down with them and explain that mom and dad are no longer going to be married. Reassure your children that they will always have mom and dad in their lives, even when they primarily live with the custodial parent.

I have seen a lot of clients who made the decision early on to put their kids first, regardless of how they felt about their ex. It will help all parties involved if the children can see mom and dad smiling and getting along.

Neither parent should speak ill of the other parent, nor ask a child to tell the parent what is going on in the other parent’s lives. Both of you are still role models for your children, so let them see how two grownups can interact in a healthy way.

Kids just want to be kids, which means they crave security and love from both parents. Unfortunately, I have seen situations where one or both parents harbored such hard feelings for each other that their children were subjected to angry outbursts and fighting.

Or one parent tried to undermine their ex by “forgetting” to pick up the children from school, thus frightening the children.

What Do I Do If My Ex Tries to “Sabotage” the New Parenting Agreement?

Alimony in Georgia is where one party makes spousal support payments to the other following a divorce. Under Georgia law, an award of alimony is not automatic, but either spouse may request recurring financial support from the other.

In some cases, the parties are amicable and agree between themselves about alimony payments. When they cannot agree, the court will decide if the requesting party is eligible to receive alimony and, if so, the amount and duration of the award.

If you are seeking alimony from your ex-spouse, or you are being asked to pay too much alimony, call Atlanta divorce lawyer Nancy Ghertner at (770) 980-9096 and let her meet with you and explain your options and obligations. Nancy has been a divorce lawyer in Atlanta for over 30 years.

A Georgia court will not order alimony be paid to a person who either abandoned the family or committed adultery. In other cases, the court may order either rehabilitative or permanent alimony after considering all relevant factors.

What Happens When Both Parties Consent to Alimony?

When two spouses agree that one will pay alimony to the other, and they also agree on all relevant terms, such as the amount that will be paid and the duration of the payments, they put their agreement in writing and file it with the court.

If the court accepts their agreement, it becomes part of the court orders in the final divorce decree. The parties will be bound by their agreement, and it will be enforceable the same as any other court order.

Rehabilitative or Permanent Alimony?

When alimony is requested, the court evaluates each case individually. The amount of monthly alimony is set based on the needs of the requesting spouse and ability of the other spouse to pay. Alimony generally falls into two categories:

• Rehabilitative alimony – paid for a set period of time to give the requesting spouse time to complete training or education in order to be able to support themselves.
• Permanent alimony – may be awarded after a long-term marriage. `

When the spouses cannot agree on whether alimony should be paid, how much should be paid and for how long, the court will consider the following factors in making an alimony order:

• The length of the marriage.
• The length of time one party may need in order to become gainfully employed.
• Whether one party contributed time and effort toward the professional career of the other.
• Whether the party requesting alimony gave up a career in order to take care of the home and children.
• The age and health of each party.
• The standard of living each enjoyed during the marriage.
• The financial resources of each party including property that was divided during the divorce settlement.
• Future earning capacity of each party.
• Ability of one party to pay support to the other.
• Any other factor the court deems relevant.

Do I Still Have to Pay Alimony if My Ex Remarries?

If permanent alimony is ordered, unless the parties have agreed to a different arrangement, it will terminate if the receiving spouse remarries. Permanent alimony may also terminate if, according to a Georgia statute, the receiving spouse dwells “together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.”

Call Atlanta family lawyer Nancy N. Ghertner at her Sandy Springs office and ask her about your alimony payment options. Nancy has negotiated alimony payment plans for over 30 years, and she is dedicated to getting you the full alimony you deserve.

When it comes to dividing assets and liabilities between two spouses during their divorce process,Georgia is an equitable distribution state. This means the division is one that the family law court considers is fair, not necessarily equal.This includes the marital home which is often the most financially valuable asset the couple owns together. When both parties have an emotional and sentimental attitude toward the home and children are involved who still live there and do not want to move, what to do with the marital home may be complicated.

Although there are several possible solutions, they all begin with having the property appraised to determine its fair market value. Then, any debts owed relevant to the property, like the mortgage and taxes, are deducted to determine the equity, which is the amount that needs to be divided.

Selling the home to a third party

The easiest solution seems to be to sell the home to a third party. When the sale goes through, the amount will be distributed by the court under the principles of equitable distribution. One party may receive more of the home equity than the other after the court considers all relevant factors to a fair distribution.

One party buys out the equity interest in the property from the other

Either party can buy out the interest of the other based on the amount of equity in the home. The home will likely need to be refinanced which provides for the deed to the home to be placed in the name of the buying spouse, removes the selling spouse from liability and debt that comes with being a joint owner and provides the money to the other spouse for the buy-out.

Delayed distribution

When there are minor children and the court finds it would be in their best interest to continue living in the home, Georgia courts may order a delayed distribution of the equity of the home. The court may establish a timeline for the property to be sold. For example, the court may order the house to be sold when the youngest child graduates from high school or reaches the age of 18.

The court will consider all relevant factors and determine whether or not the party that will not be living in the marital home will have an obligation to pay for any of the expenses for the property, such as the mortgage, maintenance or taxes.

Contrary to a popular song frequently heard during the holiday season, Christmas may not be the happiest time of the year for divorced parents and their children. While movies and even greeting card advertisements focus on families being together to celebrate the holidays, this generally is not the way it works for a family divided by divorce.

Parents struggle with balancing the interests of their children while they both want to spend time holiday time with them. This is true whether the holiday is Christmas, Kwanza or Chanukah, all of which are celebrated during December this year. Then, there is New Year’s falling closely behind. Although it will likely never be easy, there are a few things you and the other parent can do to make the holiday celebrations fun and less stressful for your children.

1. Plan ahead for time. Have discussions with the children and the other parent and plan for when the children will be with each parent. Acknowledge with your children that things have changed and there is now a new way of doing things. Emphasize the positive parts of the plan. Be sure the plan is in keeping with your court order regarding holiday visitation.
2. Plan ahead for gifts. Discuss with the other parent gift-giving to the children. Avoid duplication and competition with each other. Also, help the children choose or make a gift for the other parent.
3. Compromise. If one parent wants to take the children on a holiday trip and the other wants to have the children on the specific holiday day, compromise. One parent could spend the actual holiday with the children and the one who takes the children on a vacation trip could arrange to leave the day after.
4. Begin new traditions, but incorporate past ones when possible. You may still enjoy sitting by the fireplace and reading holiday stories or watching a holiday movie. Add something new like making a holiday dinner on a day other than the actual holiday.
5. Relieve your children of guilt and acknowledge their disappointment. Children have conflicting emotions during the holiday season. They may feel guilty when they are having fun without one parent, or disappointed when they would prefer to be with the other parent. Let them know these feelings are normal. Also, be sure they know that you miss them, but encourage them to have fun even when they are not with you.