How is debt divided during a divorce in Georgia?

The way debt is handled during divorce typically depends on when it was obtained, along with each spouse’s financial standing and role in accruing the debt.

Debt is a burden that the majority of Americans struggle with today. National Public Radio recently reported that 80 percent of people in the U.S. carry some form of debt. Unfortunately, this means that many people getting divorced in Georgia will need to deal with the division of debt during their settlements. It is essential that these spouses understand how financial liabilities are treated and distributed during divorces in Georgia.

Which debt is considered marital?

The way that debt is handled during divorce depends largely on whether it is marital or separate debt. As materials from the State Bar of Georgia explain, most assets and debts obtained while two people are married qualify as marital property. Property acquired before marriage is considered separate property. During divorce, marital property and debts are subject to equitable distribution between spouses, while separate property and debts remain with the original owner.

Typically, debt incurred during marriage is considered marital regardless of whether one or both spouses accrued it. For example, if both spouses are co-signers on a credit card and one spouse accumulated debt on the card, both spouses will likely be considered liable. However, judges may not always divide credit card debt during divorce. If one spouse independently accrued debt and the debt is only in that spouse’s name, it might not be subject to distribution at the time of divorce.

How are marital liabilities distributed?

In Georgia, family law judges don’t follow set guidelines when dividing debt during divorce. Instead, they evaluate various factors to determine what kind of division would be equitable. These factors include:

  • The way that each spouse contributed to the accumulation of the debt.
  • Each spouse’s income, assets and overall ability to repay the debt.
  • Each person’s existing obligations or liabilities.

Under these guidelines, predicting how debt will be divided can be challenging. Sometimes, a judge may allocate more debt to the spouse who was responsible for accruing the debt. In other divorces, the spouse with greater financial means may be ordered to repay more of the marital debt. In the case of secured debts, such as auto loans or mortgages, a judge may assign responsibility to the spouse who keeps the property in question.

What else should spouses know?

A family law judge can assign certain debts exclusively to each spouse or require both spouses to make payments toward each marital debt. In either case, spouses should understand that a divorce decree doesn’t mitigate a person’s legal liability to his or her creditors. According to The Huffington Post, if a person’s name appears on a loan agreement that the ex-spouse is responsible for repaying, the person may still be held liable if the ex-spouse defaults.

To reduce the risk of this outcome, spouses should consider working with an attorney during the property division process. An attorney can help a spouse explore options for repaying debt before divorce or ensuring protection against unwanted financial complications after divorce.

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What are the Different Types of Adoptions in Georgia?

 

There are many types of adoption here in Georgia.  Here is some general information to help you decide which type of adoption is best for you and your spouse to expand your family.  

 

 

Here is a great list of the basic types of adoptions in Georgia:

  • Independent/ Private Adoptions
  • Private Agency Adoptions
  • DFCS adoptions
  • Relative Adoptions
  • Step-parent Adoptions
  • International Adoptions

So what does each of these types of adoption really mean?

Private Agency Adoption – These adoptions are adoptions in which the child is placed with the adoptive parents through a child placing adoption agency licensed in the state of Georgia.  A pre-placement home study, criminal background check, child’s background information form, and agency’s written consent to the adoption will be required to a private agency adoption

Department of Family and Children Services (DFCS) Adoptions – These involve the adoption of children who have been in DFCS custody in the foster care system.  DFCS adoptions have the same basic requirements as private agency adoptions.  Most often these children qualify for adoption assistance which can help with legal fees, provide a monthly stipend, and Medicaid for the child.  It is critical that you get approved for this assistance before you finalize a DFCS adoption.

Independent/ Private Adoptions  –  In an independent or private adoption the child is placed directly with the adoptive parents by the child’s biological mother, or by both biological parents, often with the involvement of an adoption attorney.   A pre-placement home study and criminal background check are still required, usually by a licensed adoption agency or qualified social worker.

Stepparent Adoptions – In a stepparent adoption, the stepparent adopts the child of his/her spouse with consent of the spouse. (i.e. the child’s custodial parent).  It is also necessary for the parental rights of the non-custodial parent to either be surrendered or to be terminated in court before the stepparent can adopt the child.  A pre-placement home study is not required for a step-parent adoption, but a criminal background check and court report (verifying the facts in the petition) is required before finalizing the adoption. 

Relative Adoptions – In a relative adoption, the petitioner must be related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, or sibling.  A pre-placement home study is not required for a relative adoption, but a criminal background check and court report (verifying the facts in the Petition) is typically required before finalization of the adoption

Note: Other relatives, even though related by marriage or blood, such as cousins, do not meet the definition of relatives for the purpose of “relative adoption”.

International Adoptions – International Adoption is when you work with an international licensed adoption agency to adopt a child from another country.  It can be a complicated process and the adoption, and immigration of the child to the United Sates, must be approved by both the other country and by the U.S. State Department. 

If you and your spouse are considering expanding your family through adoption we encourage you to contact us.   We would love to help guide you through all of the options.

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Five Things to Know about the Power of Attorney in Georgia (Part 2)

No one likes thinking about their own or their loved one’s potential incapacity. Unfortunately, many of us will likely find ourselves in need of a financial agent, or someone to step into our shoes and act on our behalf for all financial matters. Who knows when the day will come that I am struck by another motorist and end up in the Shepherd Center, alive but unable to handle my own affairs. One day I may be one of the over 5.7 million Americans who are living with dementia. At some point in the disease progression, it is necessary for someone else to handle my finances.  This is a real possibility.

When thinking about planning for a potential incapacity, the Power of Attorney for Finances always comes up. Here are the last two of five things to know about the Power of Attorney in Georgia:

3. Banks may request their own POA forms.

Banks are still refusing to accept the new POA document. The Uniform Power of Attorney Act gave us more authority to compel banks to accept POAs, and it has worked, some. Banks, however, are leery of fraud and take every measure possible to protect themselves and their account holders. Unfortunately, this protection has been a barrier for many families caring for an incapacitated loved one. We still recommend that, when possible, you preemptively contact each of your financial institutions and complete their Power of Attorney form in addition to having a General Durable Power of Attorney form. This may be overdoing it, but this proactive step can save your loved ones.

4. The Social Security Administration and the Veterans Administration do not recognize POAs.

Many families are surprised and frustrated to learn that their POAs mean nothing to the Social Security Administration or the Veterans Administration. SSA requires that any potential agents apply to become a Representative Payee. You can learn more about the “rep payee” program here https://www.ssa.gov/payee/. The VA likewise has its own process for selecting financial agents, and they also do not accept any POAs. In the VA system, if a veteran is incapable of managing his or her finances, the VA will call for the appointment of a fiduciary. https://benefits.va.gov/fiduciary/. The appointment of a VA-Approved Fiduciary often delays benefits as the VA investigates the potential fiduciaries.

5. The Consumer Financial Protection Bureau created a resource for financial agents.

Many financial agents find the role of financial caregiving to be overwhelming and confusing. The Consumer Financial Protection Bureau created easy-to-understand tools to help caregivers manage a loved one’s money: Managing Someone Else’s Money guides. They has created a Georgia-specific guide.

Planning for incapacity is an important part of estate planning. If you are ready to create a complete estate plan or need to review your existing plan, please contact us to arrange your consultation. We are available by phone and through our website.

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Five Things to Know about the Power of Attorney in Georgia (Part 1)

No one likes thinking about their own or their loved one’s potential incapacity. Unfortunately, many of us will likely find ourselves in need of a financial agent, or someone to step into our shoes and act on our behalf for all financial matters. Who knows when the day will come that I am struck by another motorist and end up in the Shepherd Center, alive but unable to handle my own affairs. One day I may be one of the over 5.7 million Americans who are living with dementia. At some point in the disease progression, it is necessary for someone else to handle my finances.  This is a real possibility.

When thinking about planning for a potential incapacity, the Power of Attorney for Finances always comes up. Here are the first three of five things to know about the Power of Attorney in Georgia:

1. The POA is still the best first step in planning for incapacity.

A Power of Attorney is a legal document that allows you to name someone to handle your finances — taxes, bills, bank accounts, real estate sales — if you become incapacitated. This legal document is still the best way to plan for incapacity. It is far from perfect, and it still leaves some gaps in planning, but it is the best first step in planning for incapacity. Without a Power of Attorney in place, there may be no simple way for someone to access your financial accounts or handle your affairs. Many clients who come to us for Conservatorship, have to retain our services simply because a Power of Attorney was never created.

When looking for a Power of Attorney, you want one who is a “General Durable Power of Attorney.” “General” means that the powers covered in the document are broad, not limited. “Durable” means that the document will still be good even if you lose capacity.

2. Georgia updated the Power of Attorney laws in 2017.

Powers of Attorney are not “set it and forget it” documents. In addition to your situation and needs changing, the law changes. This happened just recently. The Georgia legislature changed our Power of Attorney laws on both July 1, 2017 as well as July 1, 2018. We became the 26th state to adopt the Uniform Power of Attorney Act.

It is important that your documents be updated to be in compliance with these new laws. There are extended protections for Georgians, but you can only take advantage of these protections if your Power of Attorney was signed after the laws were adopted. Click here to learn more about the Uniform Power of Attorney Act.

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Do I Need More Than an Advanced Directive?

Some may need more than an advance directive.

Advance directives can be misinterpreted, misplaced, or disregarded. The advance directive tells healthcare professionals generally what types of treatment you may want if you are in a coma or have a terminal diagnosis and cannot communicate, as well as, tells them who is allowed to make your healthcare decisions.

When you can’t speak for yourself, your healthcare team will review your advance directive and talk to your surrogate to make healthcare decisions. If you are found unresponsive, it does not tell emergency personnel how to respond and how to treat you.

Advance Directives are not medical orders.

An advance directive, however, may not fully meet the needs of all patients. For a patient who is worried about receiving inappropriate or unwanted care, a medical order may be needed. This is where a POLST comes in.

A POLST is a medical order for healthcare professionals.

POLST stands for Physician Order for Life Sustaining Treatment. It is a medical order that directs healthcare professionals on what to do—without having to consult your healthcare surrogate. It tells them what to do regarding CPR, hospitalization, intubation, mechanical ventilation, antibiotic treatment, and artificial nutrition/hydration.

Advance Directives and POLSTs work together.

The DNR orders and POLSTs do not replace advance directives. The documents work together. Everyone should have an advance directive, and only some people should consider a DNR order and/or POLST. You may want to have a DNR order and/or POLST if you:

  • have specific wishes about your end-of-life care;
  • are ready for a natural death;
  • have a terminal or critical illness; or
  • are at significant risk for cardiac or respiratory arrest.

Healthcare professionals must respond quickly if/when they find you unresponsive. They will not have time to review your advance directive, and in the absence of clear orders to direct them otherwise, they must provide you with all possible life-saving measures to keep you alive. If you have a POLST, your healthcare providers should follow what your order says.

Since DNR orders and POLSTs are medical orders, they must be completed and signed by a physician. If you are interested in learning more about these medical orders, please contact your physician. 

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Waivers for Immigrants (Part 3)

Different Types of Immigration Waivers

·         WAIVER

An immigrant with a family member who is expected to suffer extreme hardship in the United States due to his removal qualifies for this waiver. This is to provide relief to anyone with an application for immigrant visa, green card, or status of adjustment pending. You just need to prove that you have a US resident, who needs you to avoid extreme hardship.

I-601 waiver can override any inadmissibility due to unlawful presence, criminal conviction, and visa fraud.  Always consult an immigration attorney to know inclusions and exclusions specific to your status.

·         PROVISIONAL WAIVER

If an immigration has an approved I-130 petition, they may seek what is called an I-601A waiver. This waiver is meant to forgive the immigrant for unlawful presence in the country and will remove the 3- or 10-year bar on him. The waiver for immigrants permits the applicant to go back to his home country to complete all formalities of the consular process and come back to the United States. He does not need to spend years waiting for the immigration visa. Having a trusted Houston immigration attorney to fight your cause can help you apply for and get the I-601 provisional waiver easily.

·         WAIVER

This immigration waiver is to help those barred from entry into the United States due to a criminal conviction or unlawful stay. If you are deported back to your home country and not allowed to return following proven criminal charges or removal proceedings, I-212 waiver is the only option to seek respite.

An I-212 waiver application is the most preferred method to appeal against inadmissibility grounds. However, the preparation and filing involve complex procedures and need proper documentation that cannot be completed without support of a skilled Houston immigration lawyer to guide you.

·         HUMANITARIAN AND NATIONAL INTEREST WAIVER

One can seek an immigration waiver on the ground of humanitarian support. This is helpful for people, who are refugees, seeking asylum, or facing prosecution back home. Also, anyone with a qualification or profession that can benefit the US arts, sciences, or businesses can seek immigration waiver on the ground of national benefit.

The list of inadmissibility is extensive and has a real impact on your prospects of obtaining permanent US residency. Though there are waivers for immigrants, the process is difficult and needs preparation and filing of applications/documents. Contact us to learn more about waivers.

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Waivers for Immigrants (Part 2)

When You Can Seek Waivers

Section 212 of the Immigration and Nationality Act provides various grounds of inadmissibility for immigrants seeking to stay in the United States. These include:

  • Unlawful US entry, abusing a student visa, false claiming of citizenship, illegal US stay, using smuggling routes or stowaway methods to enter the United States.
  • Health grounds, such as failing to be immunized, suffering from any communicable disease, being a drug addict, diagnosed with mental disorders posing threat to others
  • Facing criminal charges or jailed for 5 years at home or in the United States, drug or human trafficking, economic offenses, including money laundering.
  • Visa fraud or using any kind of misrepresentation in a visa application.

If any of these inadmissibility grounds pose a threat to your permanent resident status, get in touch with an immigration attorney in Houston to explore waiver options.

An immigrant who has entered illegally or overstayed must have to follow the consular process to apply for permanent residency. This requires him to leave the United States and apply for the residency visa at his home country. An unlawful entrant has to stay out of the country for 3 to 10 years before he is eligible to apply for an immigrant visa. Such a clause may force him to stay out of the US borders for years due to the tedious immigration process. If he has a family or loved ones in the United States, they are bound to suffer in his absence. Immigration waivers also provide him an opportunity to waive those 3 or 10 year ban from the country.  If you or a loved one is facing a ban from reentry, contact us.

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Petition To Remove Conditions of Residence (Part 2)

 

Who Is Eligible

The following types of people with conditional resident status can file a petition for the removal of conditions in favor of permanent residency.

  • Spouse of a US citizen or permanent resident
  • A divorced, separated, or widowed spouse of a US citizen or permanent resident
  • A child who received conditional status 90 days after his parent got the same
  • Abused partner of a US Citizen

In case of divorce and abuse, you need to consult an immigration lawyer to navigate through tricky issues and potential questions and prove that your marriage was in good faith.

The Filing Process

By filing the Petition To Remove Conditions of Residence within 90 days of the expiry of your conditional green card, you get a residential extension for up to 12 months. It can be filed even if you are out of the United States. But the applicant has to return for the interview. The process requires joint signing and interview of the applicant and his or her spouse. In case of divorce or separation, a request for the waiver from the joint application is required.

The U.S. Citizenship and Immigration Services requires the couple to be present for an interview and give biometrics. If anything is found missing or incomplete, they may deny your application. Unless there are issues, the application is approved with a 10-year, green card.

Common Issues To Consider

  • Delay in approval: It may take 5-12 months to remove conditions on residence and get permanent resident status.
  • Joint filing waiver: One may seek a waiver from joint filing of a Petition To Remove Conditions of Residence in case of death, divorce, or abuse from the spouse. Abuse or extreme cruelty is also a ground for seeking the waiver. However, good documentation is needed.
  • Good faith marriage condition: You need to prove that the marriage is not a sham to obtain resident status. Immigration authorities are very strict about it and reject any permanent residence status if have reason to believe it is a fraudulent marriage.

Immigration requirements for approving a Petition To Remove Conditions of Residence are stringent and complex. You cannot afford to make any mistake or become lax. It pays to seek the advice of an expert immigration attorney.

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What is a K-1 Visa? (Part 2)

Did you Know?

  • You must get married within 90 days of entering theUnited States on a K-1 fiance visa.– Absent real hardship, you must have met with your fiancee in the past two years.
  • You should consider applying for work authorization.
  • You must meet minimum financial requirements.– You need to allow time for a police check in each jurisdiction you have ever lived.
  • There are issues of foreign law that may impact your ability to apply for a K-1 fiance visa.
  • Once married you have to apply for a conditional “green card”.

Common Mistake

The most common mistake with a K-1 visa is failing to properly evidence the validity of your relationship. An experienced immigration lawyer will be able to give you some guidance in this area.

Requirements for a K-1 Visa:

There are a number of requirements in order to apply for a K1 visa for your fiancé(e):

  1. You must be a U.S. citizen;
  2. You must have met your fiancée within the past 2 years;
  3. You and your fiancée must be legally free to marry (i.e. single or divorced);
  4. You and your fiancée must have a serious intention to marry within 90 days of your fiancée’s arrival in the U.S.; and
  5. You must meet minimum financial requirements.

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What is a K-1 Visa? (Part 1)

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to migrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

Is a K-1 Visa Right for Me?

There are several options for obtaining a visa for a fiancé(e) or a spouse. Which option is right for you depends upon your circumstances and how quickly you want to obtain admission to the US and work authorization. A K-1 Visa is not always the right options.

We have worked on marriage and fiancé(e) cases for fifteen years. While past performance does not necessarily denote future success we have yet to have any marriage or fiancé(e) visa we have submitted denied. Key to this success has been advising clients as to which of several options are right for them. These options include:

  • Entering the US on a different visa type, marrying and obtaining adjustment of status
  • Marrying abroad and applying directly for permanent residency
  • Marrying abroad and obtaining a K-3, marriage, visa
  • Obtaining a K-1 visa, marrying in the US and filing for permanent residency

 

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