How Does Adultery Impact Alimony in Georgia?

When adultery is the cause of a divorce in Georgia, the spouse that was unfaithful is barred from receiving alimony. It’s not enough that one spouse cheated during the marriage – the infidelity has to be the reason for the divorce for it to result in a ban on alimony. If one spouse cheated, but the other spouse forgave him or her and they continued to live together, the unfaithful spouse won’t be barred from receiving alimony.

For adultery to bar alimony, the faithful spouse also has to file for divorce on the grounds of adultery, not just “irreconcilable differences” (which means the couple can’t get along anymore), and the divorce has to be granted on the grounds of adultery.

What Else Does Adultery Impact?

Adultery generally doesn’t affect custody in a Georgia divorce, unless the children were exposed to inappropriate things as a result of the affair. Adultery never affects child support in Georgia.

Adultery can have an impact on how a divorcing couple’s assets are divided, especially if the unfaithful spouse spent lots of money on the affair, for example, by buying gifts and paying for trips and hotel rooms.

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Why You Should Adopt Your Internationally Adopted Child Again!

People are often confused about whether or not they are required to domesticate their foreign adoption, or “re-adopt” their internationally adopted child.  Do you know what to do?

Here is a Simple Rule of Thumb:

  • If your child was issued an IR-3 or IH-3 immigrant visa, you are not required under federal law to readopt your child, or “domesticate” your foreign adoption, here in the U.S.  
  • If your child entered the U.S. with an IR-4 or IH-4 visa, where the adoption was not completed overseas, re-adoption within the United States is required. This is common in cases where you were given a legal Guardianship (or custody) by the foreign country giving you permission to bring the child into the United States for the purpose of adoption.  You will need to finalize your adoption as soon as possible in your home state upon your return to the United States.  United States citizenship can then be applied for and obtained for your child.

But your analysis should not stop there.  Even if you received a Final Decree of Adoption (and your child was issued an IR-3 or IH-3 visa) in the foreign country and are not required to domesticate your foreign adoption (re-adopt), there are important practical reasons to domesticate your foreign adoption in your home state. 

  • Domesticating your foreign adoption decree allows you to obtain a United States birth certificate (“Certificate of Foreign Birth”) for your child from your home state. This will allow you to obtain certified copies of your child’s birth certificate in the future should you ever need any (which definitely happens). 
  • Domesticating your foreign decree will allow you to legally change your child’s name.
  • Domesticating your foreign decree also provides you with an American adoption decree should your foreign decree ever be lost, damaged, or called into question.

For more information on international adoption please call us anytime for a consultation.

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How can Separate Property become Marital?

Georgia law regarding separate property is extremely complex and somewhat unsettled.  Just proving that an asset was the separate property of one party does not necessarily preclude it from later becoming marital property.  Under certain circumstances, a property that once was separate in nature can become marital by the actions of the parties.  For example, merely adding the other spouses name to a deed may cause a piece of real estate to lose its status as separate property and make it marital.  Similarly, comingling separate property and marital property may have a similar effect.

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Ownership of Engagement Ring Upon Divorce or Broken Engagement

Engagement and marriage are very joyous times, and although no one ever anticipates the premature end of their marriage or engagement, the reality is that not all marriages or engagements continue happily ever after. One common question that individuals have regarding family law is what happens to the engagement rings if the marriage or the engagement does go awry. Who gets to keep the ring: the man who likely purchased it, or the woman who it was given to? Many courts throughout the nation have considered this very question, and those courts have reached varying decisions. Despite the differences, one major theme is present, engagement rings are gifts. The only real question is whether the gift will be viewed as a completed gift or as a conditional gift by the court.

Completed Gifts

Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). In order for a gift to be deemed a legally complete gift, three elements must be present: 1) the donor must intend to give the ring as a gift, 2) the donor must deliver the ring to the donee, and 3) the done must accept the ring. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift to him or her.

Conditional Gifts

But the majority of courts also consider such a gift to be a conditional one. That means that, until some future event occurs, the gift is not final. If that event does not occur, the donor has the right to get the gift back.

Women who want to keep their engagement rings often argue that the condition needed to make the engagement ring a completed gift is simply the acceptance of the proposal of marriage, not the completion of the marriage ceremony. That way, if the engagement is broken, the ring remains her property.

But this argument often is not successful. The majority of courts find that the gift of an engagement ring contains an implied condition of marriage. Acceptance of the proposal is not the underlying “deal,” the marriage is. Absent some other understanding or circumstance, for example, if the ring was given as a memento of a shared memory or experience or if the ring was given to celebrate a holiday or special occasion, most courts look at engagement rings as conditional gifts given in contemplation of marriage. However, as mentioned earlier, some states have come down on the opposite side of this fence, rejecting the conditional gift theory and declaring that an engagement ring is an unconditional, completed gift and that’s that. Thus, it is important to seek the advice of a knowledgeable family law attorney in your state to determine what rights you have regarding an engagement ring, regardless of whether you are the donor or the donee.

After the Marriage

After the marriage has occurred, the question of who gets to keep the ring becomes much simpler. Upon marriage, the ring is considered the property of the recipient. Even if the ring could have been viewed by a court as conditional initially, the condition of marriage is now met. In most states, rings are also considered the separate property of the recipient, not marital property, because the gift was made prior to marriage. Only via an agreement, like a premarital or settlement agreement, may a donor obtain possession of the ring upon divorce.

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Non-Economic Contributions to a Marriage

Georgia law recognizes that a spouses non-economic contribution to a marriage might be reflected in an equitable division of property, regardless of the actual legal ownership.  In particular, separate property may be deemed (in whole or in part) marital property by the court upon divorce if the value of the property appreciated during the marriage and that appreciation was caused by the efforts of the other spouse. 

The key test seems to be one of active v passive appreciation.  If the value of certain assets has appreciated, at least in part, by the contributions of either spouse there may be a claim of active appreciation.  One of the biggest questions in this regard is in regards to the active appreciation for a business owner.  If that company grows and succeeds because of the ideas, leadership and business acumen of the owner, that increase in value is due to active appreciation.

Passive appreciation, on the other hand, is the increase in the value of certain assets due to outside market forces such as supply and demand and inflation. For example, let’s say Person A bought a home 20 years ago. Upon purchase the house was worth $10,000. Over the last 20 years, Person A made no improvements to the home, but the area around that house was successfully developed over the past 20 years. Today, due to no efforts on the part of Person A, the parcel is now worth $100,000. This is passive appreciation.

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Terminating Parental Rights, Legitimation, and Adoption

In Georgia, the Superior court does not have the authority to terminate a legal father’s parental rights and grant a biological father’s petition to legitimate a child as part of a divorce matter.  Only the Juvenile Court has jurisdiction to terminate parental rights.  The Superior Court has jurisdiction to terminate parental rights only as part of an adoption. 

 A DNA test confirmed that a man, not her husband, was the biological father of a married woman’s child!  Trust us, it happens more than you would think!  During the married couple’s divorce, the child’s father sought to intervene as a party to their divorce and petitioned to legitimate the child as his own.  The Superior Court terminated the husband’s rights as the legal father and granted the child’s father’s petition to legitimate the child, giving him primary physical custody of the child. 

In Georgia, the Superior Court has jurisdiction over legitimation matters concerning children who have been born out of wedlock.  The Juvenile Court has exclusive jurisdiction for all matters concerning termination of parental rights.   The one exception is in cases concerning adoption.  

The child in the case was born “in wedlock” and so was automatically the legal or “legitimate” child of the husband.  Opening the husband up to be on the hook for child support.  When the Superior Court granted the child’s biological father’s petition to legitimate the child it had to terminate the parental rights of the husband, making the child “illegitimate” for the purpose of granting the child’s biological father’s petition to legitimate.  

The problem is that while the Superior Court has jurisdiction over matters concerning legitimation, it only has the authority to terminate parental rights as part of an adoption.  Since this case involved a divorce and legitimation, and was not an adoption, the Superior Court did not have jurisdiction to terminate the parental rights of the husband.  Many make the mistake of the proper steps to take to solve their unique case, often resulting in denied petitions and considerable resources, wasted.  To discuss the particulars of your case, contact us.

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Divorce and Child Custody — Timing is Essential

If you have a divorce, custody case, modification, contempt or any other kind of family law case, you should be aware of the importance of time.  The time it takes your lawyer to file for you; the time you have to wait for a hearing and the time it takes to move your case along to a final resolution.

Why worry about time when you have so many other issues of concern?  Because time is money.  Every day your case is pending increases the likelihood you will be billed more in attorney’s fees.  So the longer your case lasts, the more you pay in attorney’s fees.  The faster your case is wrapped up, the less you pay in fees.  It’s real simple.

And don’t discount the peace of mind that comes with finishing up a case sooner rather than later.  Not only will you save money by moving your case along faster but you may save your sanity as well.  And that’s priceless.  

If you have a case that isn’t moving, stay on top of your lawyer.  Ask questions.  Demand answers.  And insist that the case progress to a final conclusion.

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Violence Against Women Act “VAWA”

Congress passed the Violence Against Women Act (VAWA) in 1994, which contains a provision for an abused spouse or child of a U.S. citizen or lawful permanent resident to self petition for him or herself rather than rely on the abusive spouse or parent to submit a visa petition on the applicant’s behalf.  The policy behind VAWA is to provide qualifying survivors of domestic violence a path to escape violence and obtain legal status in the United States. 
 
What forms of abuse qualify for VAWA benefits?

The standard under VAWA is “battery or extreme cruelty,” which can take different forms, including physical violence or threat of violence, forceful detention, physical or mental injury, or immigration sabotage.  Furthermore, acts or threatened acts may demonstrate an overall pattern of battery or extreme cruelty.  
 
Three separate immigration benefits exist under VAWA:

1) The VAWA self-petitioning process is available to a foreign national who has been the victim of abuse by his or her (a) U.S. citizen or permanent resident spouse (or if that spouse has abused the foreign national’s child); (b) U.S. citizen or resident parent (or step-parent); or (c) adult U.S. citizen child.  In addition to proving battery or extreme cruelty, a self-petitioner must also demonstrate the relationship to the abuser, residence with the abuser, and a good faith marriage (if based on abusive spouse).
2) A battered spouse or child waiver is available to conditional residents if he or she has been the victim of battery or extreme cruelty.
3) VAWA Cancellation of Removal is available to a foreign national in removal proceedings who can demonstrate battery or extreme cruelty by a U.S. citizen or resident spouse or parent, three years physical presence in the United States, good moral character, and extreme hardship.

What is the VAWA petitioning process?

A VAWA self-petition is filed with the U.S. Citizenship and Immigration Service (USCIS).  If the VAWA self-petition is approved, the applicant may apply for adjustment of status to that of a lawful permanent resident if the abuser was a U.S. citizen at the time of approval.  If the abuser is not a U.S. citizen at the time of approval, adjustment of status may not be immediately available, requiring the VAWA applicant to wait for a visa number to become available.  A VAWA approved applicant may obtain deferred action and employment authorization until a visa becomes available.  The self-petitioning process also allows for derivative benefits to qualified family members.
 
The battered spouse or child waiver is also filed with USCIS.  An approval results in the removal of conditions on residency and the granting of permanent resident status in the United States (as opposed to conditional resident status).
 
VAWA Cancellation of Removal is a form of relief before the Executive Office for Immigration Review.  A grant of VAWA Cancellation results in lawful permanent resident status in the U.S.  Successful cases also result in benefits to qualified derivative children.  

The requirements and procedure for VAWA benefits can be complicated and requires careful assessment.  Wilson Law Group has successfully assisted numerous individuals in the United States with VAWA-related applications.  We are happy to schedule a consult to discuss this option and your particular situation with you.  

To discuss the specifics of your case:

Call us at 678.324-8511;

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How do you adopt a baby in Georgia?

Adopting a baby is an exciting way to add to your family, but the private infant adoption process can seem overwhelming at first.We can work with you through each step of the process, including:

  • Completing the adoption home study: Before adopting a baby in Georgia, hopeful parents must be approved to adopt with an adoption home study. If you have not already completed the home study process, we can advise you about legal home study requirements and refer you to a trusted home study provider.
  • Finding an adoption opportunity: If you have not already found a prospective birth mother to adopt from, we can advise you on preparing a profile and spreading the word of your adoption while staying in compliance with state adoption advertising laws. If you would like to use an agency’s matching services, we can also refer you to a licensed child-placing agency to complete the matching process.
  • Receiving the adoption placement: When the baby is born, you will likely have an opportunity to meet him or her in the hospital. We can advise you on your rights and role during the birth mother’s hospital stay. We will also work with the expectant mother and her attorney to obtain her legal consent to the adoption.
  • Finalizing the adoption: Following placement, we will provide all of the legal services you need to safely finalize the adoption, including: terminating the parental rights of an unknown or uninvolved birth father, providing legal representation in the case of a contested adoption, ensuring compliance with all state and federal adoption laws, filing the adoption petition with the court and following Georgia finalization procedures.
  • Negotiating a post-placement contact agreement: Today’s adoptions rarely end with finalization. Instead, you will likely stay in touch with your child’s birth parents for years to come through an open or semi-open adoption. We can work with you, the birth mother and her attorney to draft and negotiate a post-adoption contact agreement, which will outline a plan for future contact with your baby’s birth family.

Whether you are interested in adopting an infant in Metro Atlanta or anywhere else in Georgia, we can provide the local legal expertise you need to safely complete the private child adoption process. In addition, we can refer you to other top adoption professionals for any additional assistance you may need to adopt a baby.

To learn more about how to adopt a baby in Georgia or to discuss our newborn adoption services, please contact us  at 678-324-8511 or click here to schedule a consultation.

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How to Legally Adopt an Adult You Care About

Whether a child joins your family as an infant, older child or teenager, the legal adoption process helps to ensure your parent-child relationship is recognized. But what if you develop a meaningful, parent-child relationship with an adult? Can you adopt an adult in Georgianort?

Through adult adoption, families can protect their important relationships, secure certain legal rights, and enjoy the sense of permanence and finality that adoption provides.

What is adult adoption?

Adult adoption is just that — the adoption of one adult by another. We commonly see these situations arise when an adoption was not finalized while the child was a minor, but the adoptive family and adult still want to legalize their parent-child relationship.

Often, the adult adoption process is a way to legally document a deep, longstanding parent-child relationship that already exists; for example, a stepparent may adopt an adult stepchild whose other biological parent’s rights were never terminated, or foster parents may want to adopt a former foster child who aged out of the system while in their care.

For these and many other types of families, adult adoption is a fairly simple process that provides both parties with multiple benefits, including:

  • Inheritance rights for the adopted person
  • Rights to access medical records and visit one another in the hospital
  • Social security benefits

However, the most important benefits of adult adoption are often emotional — for many families, the adoption process is an important symbol of their commitment and love for one another.

How can I adopt an adult?

Adult adoption in Georgia is available to anyone, as long as the adult being adopted consents to the process. When the adoption is finalized, a new, legal parent-child relationship is created.

An adoption attorney is important in every adult adoption in Georgia. Whether you are the adult to be adopted or the potential adoptive parent,We can provide all of the services you need to complete your adult adoption, including:

  • Advising all parties throughout the adoption process
  • Obtaining written consents from the adoptee
  • Filing an adoption petition with the court
  • Finalizing the adoption in court

Adopting an adult you love is easier than you think. Because adult adoption does not involve a home study or termination of parental rights, it tends to be a relatively simple process compared to other types of adoption.

Whether you are interested in adult adoption in Atlanta, Savannah, or anywhere else in Georgia, we can help your family gain the legal recognition you need and deserve.

When you are ready to legally establish your parent-child relationship, please contact us for more information about adult adoption in Georgia, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this exciting time with a committed supportive attorney on your team!

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