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The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

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Page 1: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally
Page 2: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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The Atlanta Divorce Survival Guide

First Edition

By Atlanta Divorce Law Group

KHAKI LLC

Copyright © 2016, Atlanta Divorce Law Group Khaki LLC

Atlanta , Georgia

All Rights Reserved

Page 3: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Table of Contents

Chapter 1: Is this the right decision for me? 4

Chapter 2: What are my first steps? 10

Chapter 3: What do I do if I think my spouse is going to file? 12

Chapter 4: How to minimize the psychological effect of the divorce 14

Chapter 5: How to co-exist with my spouse during the divorce 18

Chapter 6: How to manage your finances during the divorce 22

Chapter 7: Property/Asset division 25

Chapter 8: How to find the right attorney 28

Meet Our Team 29

Hear From Our Clients 38

Disclaimer 40

Page 4: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Chapter 1: Is this the right decision for me?

Marriage is supposedly “’til death we do part.” For roughly 40 percent of married couples – statistics vary – that isn’t going to be the case.

If you make the decision to divorce, do so because you truly feel this is the best option. Never enter into divorce proceedings with the idea that you are “teaching your spouse a lesson” or otherwise attempting to gain leverage in the relationship. That is a dangerous and losing game. If you do want to save the marriage, find a counselor or therapist to help you and your spouse. Divorce is always the final option when the marriage becomes untenable.

With divorce, there is no “one size fits all.” Every situation is unique. The state of Georgia recognizes this, and each divorce is considered on a case-by-case basis.

Most divorces take a fair amount of time – it’s not a quick process. If you’ve only been married a relatively short time, and you don’t have children or much in the way of marital assets, your divorce will likely proceed faster. If you’ve been married a while, with minor children and considerable assets, prepare for the dissolution to take longer.

What Is Happily Ever After Divorce™?

You’re coming to us when your life has been suddenly and unexpectedly challenging. You dreamed that your marriage was going to be forever, and now that dream is shattering. Our mission is to help you not just pick up the pieces of your life, but also to use this incredibly challenging experience to actually achieve the beautiful outcome you’ve always longed for. We have the people, systems, knowledge and resources to help you manage this divorce with skill, finesse and compassion…. and to set you up to rebound and reach even greater heights afterwards.

Page 5: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Rebounding does take work, however, and the process doesn’t come naturally to all of us. This powerful quote from Maya Angelou encapsulates the challenge: One isn't necessarily born with courage, but one is born with potential. Without courage, we cannot practice any other virtue with consistency. We can't be kind, true, merciful, generous, or honest.

The issue isn’t just that the courage to rebound is hard to come by. It’s also that, in our society, for myriad reasons, those who divorce face a lot of judgment. We deeply believe in eliminating the stigma that divorce carries. Divorce does not mean the end of a family; the end of your life; the end of your chance in this life for a “happily ever after.” Quite to the contrary. Divorce can be a healthy thing for the whole family. It can make a dysfunctional family into a functional one. It can make two parents happy again so that they do a better job parenting together. Divorce offers the chance for a rebirth. Now, divorce is also a big change, and change can be fundamentally uncomfortable, but all roads to growth lead through discomfort. Consider this quote by Karen Slamansohn: “What if I told you that 10 years from now, your life would be exactly the same? I doubt you’d be happy. So, why are you so afraid of change?” Happily Ever After Divorce™ is predicated on the idea that taking the stigma out of divorce lets you see the process as a stepping stone – a way forward. By changing your frame of reference in this way, you will have a much better chance to emerge stronger and better. The family restructures itself as opposed to splitting apart. Think about it. Just because two people get a divorce does not mean that

Page 6: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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they are no longer a family. They are still mommy and daddy to their little kids. They still have to attend birthdays, holidays, and graduations together. They still have to grandparent together. So our approach is: let’s help the family plan for the future by reinventing its structure compassionately and strategically. This way of framing the situation is much healthier for all involved. Your goal isn’t just to survive this experience with the minimum loss of energy, money and mental well-being. It’s to position yourself and your family in a better place. Your fairytale of a happily ever after family can still come true. Really. And here’s how we know that. Our founder, Sara Khaki, and her family were immigrants to this country. As immigrants, they know what it’s like to be cast into the unknown. Their story of leaving their home abroad for a better future in the United States has a strong connection to our philosophy of Happily Ever After Divorce™. Both involve movement from a place of familiarity (or at least appearance of safety due to routine) to an unknown place with unknown customs and a reinvention of self, in search of a better life. It takes energy, faith and courage to make a change. To leave the familiar when everyone around you – friends, family, neighbors, co-workers – is clinging so tightly to it and is so skeptical of anyone who would voluntarily put themselves in discomfort and go towards the unknown. Change leads you to the unknowable and into places of discomfort, but this path also leads to growth and, if you allow for it, a happier life. Ultimately, it’s how you relate to the change that determines your attitude towards it and colors your perception of the future. In many ways, perhaps subconsciously, Sara Khaki created Happily Ever After Divorce™ in honor of her parents, who left behind the only way of life they ever knew to create a new life and a better future for themselves in the United States. They had each other to give them each strength, guidance,

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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wisdom and support during their journey. Similarly, you have our firm: someone on your side to help you build the better life you and your family deserve. Why Family Law? We have been in the business of helping families through the most challenging times of their lives for a long time now. This is our core niche and our reason for being. We take a holistic approach to helping families get through crises and transitions. No matter what obstacles they face – illness, job loss, divorce, a custody battle, financial setbacks – we are there. We have the expertise to step in and shield families and make them strong again. When families suffer, their pain expands and has the power to lay low whole communities. By contrast, when families are given the skills and support they need to meet their needs, a positive cascade occurs. We believe that this work can touch people’s lives in intimate and important ways… and that our “small” actions can have big repercussions for society. For instance, consider a family hurting after a divorce. The parents split over financial differences, leaving two small children in limbo and creating stress for the husband’s small business and its 10 employees. There are lots of ways such a situation could go south. The divorce could damage the children, psychologically, or dislocate them from friends. It could break up the business, putting the 10 employees out of work. It could lead to years of bitterness between the parents, cause depression, and deplete both of them financially. Now imagine that they get skillful help from a qualified family law attorney who helps them work out a strategic parenting plan, a process for dividing assets that keeps the business intact, and a way for the couple to communicate and work out issues in the future. Think about how many people’s lives are helped! To get to do this type of work on a daily basis is a

Page 8: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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privilege – you really do feel like you’re changing the world. Why Did We Write This Book?

Divorce, even in the best of circumstances, is an extremely stressful experience. For most people, a divorce isn’t particularly “friendly.” The person you loved most may have betrayed you or suddenly become a rival or opponent. You may feel pain almost beyond endurance, coupled with a rage you didn’t know you possessed. Those in the throes of divorce feel as if they are on an emotional rollercoaster, and there’s no telling when the ride will stop.

We know that, and we understand. We’re not only divorce lawyers, but some of us have experienced the effects of divorce personally, either as adults or children. You’re scared, vulnerable and wondering if life will ever get better. It will, and we are here to help you through this difficult time and ensure you have the best possible representation. This book takes you through the basics of the divorce process in Georgia. It provides valuable information for you now and as you start this next stage of your life.

Tools for Your Happily Ever After Divorce™

Happily Ever After Divorce™ is a goal and a state of mind - achievable whether you are single or with a partner, or whether you choose to marry again. Divorce is a painful life experience, but as with all life experiences, it offers hidden lessons and opportunities. You have a chance to learn constructively from it and live a better life because of the divorce. After this difficult experience, you will have a better idea of what you want or do not want in the future. You’ll also learn what you want in a potential partner. A beautiful future is always a possibility, but it takes work and self-knowledge.

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Remember the adage: Sometimes the worst thing that happens to you turns out to be the best thing that happens to you. No one can foretell the future, but it’s likely that you’ll experience wonderful opportunities and enjoy relationships that would never have occurred if you stayed in an unhappy marriage.

Happily Ever After Divorce™ also recognizes that it’s very helpful for parents who are divorcing to remain family. Your children still connect you, and that means you and your ex will need to continue to co-parent. You will both need to go to birthday parties, holidays, graduations, weddings, and behind. One day, you may even grandparent together. To that end, our mission is to come up with legal solutions that recognize that the divorce is not the end of the family. Rather, it restructures a dysfunctional family to become a healthier one.

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Chapter 2: What are my first steps? In Georgia, many divorces are no-fault. That means neither spouse must prove “grounds” for divorce, such as adultery or desertion. With a no-fault divorce, the filing spouse states that the marriage is “irretrievably broken.” As a divorce is a lawsuit, the spouse filing the complaint becomes the plaintiff, while the other spouse is the defendant.

(Georgia actually does have fault grounds for divorce – 13 grounds for them, actually. However, one of the grounds can be “irretrievably broken ground,” which is same as the no fault ground.)

To qualify for a Georgia divorce, at least one spouse must have lived in the state for the past six months. In most cases, you will file a complaint for divorce in the county Superior Court where your spouse lives. If you spouse is living in another state, you should file in your county’s Superior Court. Your spouse can also consent to having you file in your county. If you were living together, and your spouse has been out of the marital home for less than six months, you can also file in your county.

The complaint must include pertinent information, including:

• Children of the marriage • Current living situation • Marital debts and assets • Reason for divorce.

Once filed, a copy of the complaint is served on the spouse by the county sheriff. Serving refers to personal delivery. Your spouse may have a document notarized acknowledging the service. The defendant has 30 days in which to answer your complaint – 60 days for out-of-state residents. If your spouse fails to answer the complaint, the court can issue a final divorce

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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decree. However, it is unlikely that your spouse will ignore such a crucial matter.

Immediate Help

You may need immediate help after filing to decide temporary child custody, support payments and property possession questions. You may request a short hearing, with both spouses presenting their case, and the judge issues a temporary order. That order likely includes warnings about selling or otherwise depleting assets, as well as taking the children out of Georgia.

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Chapter 3: What do I do if I think my spouse is going to file?

When one member of the marriage files, that is the official beginning of the divorce process. A divorce filing out of the blue is the exception, not the rule. If you suspect your spouse is going to file for divorce, start making preparations. Certain dos and don’ts are equally important. For example:

Do gather all of your financial documents. This includes paperwork related to bank, brokerage, stock, bonds and retirement accounts as well as any other financial instruments, including insurance policies. You’ll need your tax returns – local, state and federal – for the past five years. If you own a house or other real estate, you’ll need the deed, mortgage and property tax information, appraisals, leases and other pertinent information. If there is a business involved, find its net worth and income statement. Trusts and wills in which you have an interest are necessary. Provide a list of your personal property, whether marital or individual. That includes:

• Motor vehicles • Boats • Art • Furniture • Precious metals • Jewelry • Antiques • Collectibles.

List all outstanding debts, ranging from mortgages to credit cards. Report any personal loans, employment contracts, pending legal matters and basically anything regarding your and your spouse’s financial situation.

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Get organized, so you can find any relevant document quickly.

Do not move out of the house, unless your spouse is physically abusive or otherwise dangerous.

If you are quite sure your spouse is going to file, you might decide to go ahead and file first. There are advantages to this. You have already collected the required financial and other documentation. If you suspect your spouse might start hiding assets – and it’s not uncommon – by filing first, you can protect marital assets through an Automatic Domestic Standing Order). This court order prevents either spouse from transferring financial instruments and from changing life insurance beneficiaries. Before filing, contact a matrimonial attorney.

Page 14: The Atlanta Divorce Survival Guide · If you make the decision to divorce, do so because you truly feel this is the ... divorce is also a big change, and change can be fundamentally

For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Chapter 4: How to minimize the psychological effect of divorce on you and

your children There’s no question divorce carries a heavy psychological burden. You are in mourning for the death of your marriage, and that’s natural, no matter your current feelings towards your spouse. Allow yourself to grieve. Don’t hide your feelings or pretend you’re just fine when your inner world is collapsing. Talk to trusted family and friends, and let them know how you are feeling. If necessary, speak with your clergy or schedule an appointment with a therapist.

• Take time to appreciate what is good about your life. Face your fears head on. Remember that “this too shall pass.”

• Find new interests. Indulge in a hobby or other activity you’ve long wanted to pursue or you’ve had to put aside. Divorce is an ending but also a beginning. Think about what you want to do and accomplish in this next chapter of your life.

• You may have stayed in the marriage longer than you wanted to because of the kids. That decision also entails a psychological burden, and now it is beginning to lift.

• For best results, “stay calm and carry on.” That’s easier said than done, but staying as calm as possible during the throes of a divorce is ultimately beneficial. Do not sweat the small stuff. If your spouse demands a certain article, such as a piece of furniture, agree to it unless there’s a really good reason you shouldn’t. Pettiness and vindictiveness over material objects also translate into higher legal

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bills for the time spent on them. If you stay calm, your spouse is more likely to agree to let you have the items you want.

How to Tell Your Children

Depending on your children’s ages and the circumstances of your marriage, they may suspect you are divorcing. Even if the news doesn’t come as a complete surprise, it’s still a difficult situation for your kids.

While you should tell your children the truth, do not place blame on one parent or air ugly facts. “We don’t get along anymore” is an acceptable, and accurate, statement.

Transitioning Your Children

Both parents - together - should discuss the divorce with the children. Let them know they are still loved and cherished by both of you, even though if you are no longer married. Children of divorce tend to fear abandonment or worry that they are not good enough to be loved. That outcome does not have to happen if neither parent abandons them and if both show their love deeply and genuinely.

Anticipate their questions and reactions, and have a plan prepared. This is a scary time for them, so assure them that although their lives will be different, they are still part of a family. Here are things to consider:

• Let them know that, in the long run, this is the best decision for everyone.

• Assure them constantly that the divorce is not their fault. • Do not speak badly of the other parent in front of the children. • While certain things in their lives will change, let them know others

will stay the same.

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• When with your children, support the other spouse using both words and actions.

• Stay open and informative with your children about the changes that are occurring, so they do not feel you are hiding anything.

• Your kids may express anger or sadness. That’s natural, so accept it. Don’t negate their feelings.

Once the news has settled in, help your children put the best light on the situation. If there are any positive aspects, point them out. Perhaps they can get a new pet – maybe a dog at one house and a cat at the other. They can have two of their favorite toys, one at each house.

Protecting the Children’s Needs

Children need structure, and their former structure has been ripped from under them. It’s up to both of you to build a new structure for your kids and protect their needs. Start by giving them a regular routine with a consistent schedule.

Divorce is a major upheaval, so do your best to keep their current lives as much the same and steady as possible. That includes school, church, hobbies and extracurricular activities. Each parent should post a visitation schedule in their respective homes and discuss the schedule with the children so there are as few surprises as possible.

It’s easy to let your children slip into the role of co-parent to younger siblings or to become your caretaker. Don’t let this happen. Avoid putting children in untenable roles, such as saying to a son, “You’re the man of the house now.” You do need someone to confide in and perhaps a shoulder to cry on, but it’s unfair to place that burden on your children. If you need to speak to someone about how you are feeling, rely on adult family members or close friends, or arrange for counseling.

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No matter how well you prepare your children, the divorce affects them. Some children fantasize their parents will get back together, especially if they rarely saw the couple fighting. Let them know gently but firmly that reunion is not going to happen.

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Chapter 5: How to co-exist with my spouse during the divorce process

Communicating with Your Ex-spouse

If communicating with your spouse was difficult prior to your filing for divorce, it’s probably much more difficult now. The pain is fresh, and you are both trying to cope with this new situation. For your part, do your best to stay calm and address the issues at hand. The goal is to discuss end-of-marriage issues in a mature manner. It may not work out that way, but both of you must make the attempt. Listen to your ex-spouse’s concerns, and try to empathize. Show each other respect.

A marriage is both a personal and economic partnership. Now that it is ending, focus on the business side of the relationship. Talk to your ex about these issues as if he or she is a business associate. Stay as impersonal and objective as possible. Once you bring up emotional and personal matters, that’s when the communication often breaks down.

It’s likely there are issues upon which you will never agree, and there is no point in trying to change each other’s view. Remember the axiom, “Choose your battles,” and don’t press your ex about relatively inconsequential subjects.

Remember that you now have separate personal lives. Don’t ask your spouse about his or her personal life, and don’t answer questions about yours. This is the new reality, and both of you must accept it. Don’t press your children for details about the other parent’s living situation.

Meet with your spouse to discuss issues in neutral locations, without the children present. Avoid meeting in either one’s home.

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For a confidential, systematic case evaluation regarding your Georgia divorce, please call the Atlanta Divorce Law Group at 678-203-9893, or visit us at atlantadivorcelawgroup.com

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Co-parenting

If you and your spouse don’t have children, you can go your separate ways after the divorce and never bother with each other again. That’s not the case when you have kids. The marriage ends, but the parenting connection does not. Even after your children are grown, there are graduations, weddings, grandchildren and all the other instances in which you and your former spouse are involved. Your children will have triumphs and travails. The marriage may not have lasted until death you do part, but that’s what marks the true end of the co-parenting.

The Norm in Georgia

You both want the best for your children. For many families, co-parenting, also known as joint custody, is the best custodial situation. In Georgia, co-parenting is the norm, with both parents sharing decisions regarding the child’s welfare. The court designates one parent as the final arbiter in case there is an issue on which you can’t agree. That’s not a “my way or the highway” situation – all major decisions regarding your children require consultation of both parents.

Both of you likely want to stay involved in your children’s lives as much as possible. Co-parenting gives your kids a structure and routine. It differs from the pre-divorce routine, but it should provide a sense of stability. For co-parenting to work, you and your ex must resolve:

• Schedule coordination • Holiday and vacation visits • Transportation arrangements • Contact methods when the child is with the other parent.

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It’s crucial to keep communication lines open with your former spouse and to avoid using your children for relaying information. Although your parenting styles may differ, agree beforehand on certain behavioral guidelines. You both need a consistent set of rules in the respective homes. Remember: you are the adult, so act like one. Don’t allow your child to say negative things about the other parent, and don’t make your child choose sides when you and your ex disagree. If you want to take your child out of town, always discuss with it with the other parent. If you recognize ways that your ex tries to bait you, just don’t take the bait. Try to establish a mutually respectful relationship. It not only makes co-parenting easier, but it is also far healthier for children.

Allow a certain amount of flexibility. While co-parenting requires consistency, don’t demand adherence to a rigid schedule if your ex wants to do something special with your children.

Even when it is your time with the children, encourage them to call or otherwise contact their other parent if they wish. This can be to tell them something good happened in their day or for no reason at all.

Remember that it takes a village to raise a child. It’s fine to involve your former in-laws and your parents in the co-parenting relationship when it comes to support for the children. Encourage a strong relationship with the grandparents. That’s part of letting a child know he or she still has a family. It gives kids a stronger sense of family support and security.

If you experience co-parenting issues, engage the services of a co-parenting coordinator. An objective third-party can recognize obstacles on both sides and offer professional advice for the children’s best interests.

Under Georgia law, once a child turns 14, he or she may decide which parent they want to live with and may request a custody change once every

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two years. Children between the ages of 11 and 13 may tell a judge which parent they would rather live with, and the judge will take their feelings into consideration.

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Chapter 6: How to manage your finances during the divorce

If you plan to divorce, start saving money and living within a strict budget. Even if you were the major breadwinner, you are now living on one income instead of two. If you don’t have a credit card in your own name, try to get one prior to filing for divorce. Establishing credit on your own is vital once you are independent.

Get out a calculator or use an app, and figure out what you need for your monthly expenses. Put together a plan, whether it means going back to school to enhance your earning power, downsizing the home, cutting out extras or whatever it takes to live within your new means. Seeing the figures in black and white and forging a plan will help you move forward.

If you don’t earn as much money as your spouse, or if you don’t work, the court may award you some form of temporary spousal support, or alimony. You may also receive alimony after the divorce is final.

Georgia law includes child support, although there are exceptions. If you co-parent on an equal time basis, and you have comparable income, child support may not be required. Since such support is calculated via income, the parent with the greater income will likely pay some support, whether or not parenting time is equal.

While Georgia law specifies child support, there is no requirement for alimony. If you and your spouse both worked during the marriage and earned comparable incomes, it is unlikely you will receive alimony. In Georgia, alimony isn’t necessarily based on gender, so a wife with a larger income could end up paying alimony to a lower-income husband.

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In Georgia, there are three main types of alimony:

• Rehabilitative – money paid for a short time until the spouse can become self-supporting.

• Lump sum - an amount paid at one time, or in agreed upon payments over time. The total amount cannot be modified.

• Permanent – long-term payments. Usually only awarded in the case of very long marriages. Permanent alimony ends upon remarriage.

A judge considers several factors when determining whether to grant alimony. These include:

• Length of the marriage • Income and potential income of both spouses • Marital standard of living • Length of time it may take for a non-working spouse to find

employment • Assets each spouse brought to the marriage • Ability of a spouse to pay alimony • Such other relevant factors as the court deems equitable and proper.

Under Georgia statute 19-6-5, another factor concerns “The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.” A spouse who committed adultery or deserted the other spouse is barred from receiving alimony in Georgia if those were the grounds for divorce and if evidence proving such grounds was presented. Desertion requires at least one uninterrupted year of abandonment to become grounds for divorce.

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If you want post-divorce alimony, it will likely become part of the negotiating process during the proceedings. Your attorney will advise you how much support you might receive and how long you may receive it.

If you receive alimony, remember that it is considered taxable income. If you pay alimony, you can deduct it from your taxes.

Remember that you must also pay your legal team, so include those fees in your budgeting.

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Chapter 7: Property/Asset division Georgia’s laws require a “fair and equitable” distribution of property in divorce. That is not synonymous with 50/50. The court makes the decision as to what is fair. Some of the factors in deciding fairness are similar to those regarding alimony. They also include:

• Needs of each spouse • Child custody provisions • Each spouse’s contribution to marital asset acquisition • Each spouse’s value enhancement of marital assets • Any diminishment of marital asset value by a spouse‘s wrongful

conduct.

Marital property is property that was acquired during the marriage. The way the assets are titled does not exclude the interest of the other spouse.

Separate Property

Separate property is property acquired prior to the marriage or inherited by one spouse during the marriage. Be advised that the distinctions here are not always black and white; your attorney can help you assess whether your “separate” property will indeed be considered separate in the eyes of the court.

Debts

You must settle marital debts prior to finalization of the divorce. It doesn’t matter whose name the debt is in – it is considered marital debt if taken out during the marriage. That even includes credit cards on which your name isn’t on the account. Be aware that, while the court may order your spouse

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to pay a certain percentage of credit card debt, the credit card company – or any similar lender – may still come after you for the amount.

The Marital Home

If you and your spouse own a home, it’s probably your biggest asset. Besides financial value, there is likely deep emotional attachment.

You and your ex must generally choose one of three options:

1. Sell the dwelling, and divide the proceeds.

2. One spouse buys out the other’s interest, possibly by refinancing.

3. The custodial parent remains in the home for a specified time period. This usually coincides with the date of the youngest child’s high school graduation. At that point, the house is either sold, and the proceeds are split; or one spouse buys out the other’s interest.

You might want to stay in your home for the sake of your children, but don’t fight for the house if you can’t afford the mortgage, taxes and upkeep.

Retirement Accounts

In Georgia, all contributions made by either spouse during the marriage to retirement accounts are subject to equitable distribution. If you have little or no retirement savings, the court may award you part of your spouse’s retirement funds or grant you other marital funds in lieu of dividing a retirement account for equitable purposes. If you do receive retirement account funds, it is crucial that you follow correct procedures. Otherwise, you could receive a huge tax bill from the IRS. Your attorney can recommend an accountant to ensure you are protected.

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College Expenses

In Georgia, a court cannot order either parent to pay for a child’s college expenses. However, you can negotiate college payment expenses as part of your settlement. In the whirlwind of custody, visitation and trying to make the best of the situation with your kids, the question of paying for college may get left behind. For your children’s sake, don’t let that happen.

Personal Property

Arguments over division of personal property can prolong the divorce and cost more money than the property in question is worth. Rather than fight for a sofa, appliance or similar items, agree to give it up for replacement value. You get a new piece of furniture, for example, while your spouse keeps the old couch.

Considerations

Take a long, realistic look at your financial situation in the near-future. No matter how attached you are to particular marital assets, especially a residence, boat or another high value item, do not spend time arguing for an asset you cannot maintain once you are divorced. Divorce is stressful enough. You don’t need the added stress of “winning” a certain piece of property when there’s a good chance you can’t afford to keep it.

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Chapter 8: How to find the right attorney Finding the right attorney makes all the difference in divorce proceedings. Remember that this person is representing you during one of the most difficult and emotional times of your life. Even if you and your spouse remain amicable and agree on most issues, you want to ensure such agreements possess legal standing. The situation between cooperative ex-spouses can also go downhill very quickly.

Ask for recommendations from friends or associates who have been through the process. Find out exactly why they recommend this lawyer or practice. Other good sources include non-matrimonial attorneys, clergy, accountants, therapists and others who may deal with divorce lawyers in their professional lives. The American Association of Matrimonial Lawyers rigorously screens its members, so you may assume attorneys with this organization are highly competent.

You may want to interview several attorneys before making your choice. That’s a good decision, even if you are desperate to start proceedings. You must feel comfortable with and trust the person representing you. Prepare a list of questions for the interview, and bring along tax and other financial documents. The list should include questions about property, custody, support and expenses. If there are special circumstances in your divorce – perhaps you are a high-net worth couple – find a lawyer specializing in such situations. If you anticipate a very messy divorce, you will want a lawyer with trial experience, and their record in court. Make your choice based on an attorney’s divorce philosophy, experience and advice.

We would love to learn more about your situation and try to help you. Please call our team at (678) 203-9893 for a confidential case evaluation, or visit us online at www.atlantadivorcelawgroup.com to learn more.

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Meet Our Team

Sara Khaki, Attorney, Founder

What Is My Family Structure Like?

Before moving to Alpharetta in 1996, I grew up in a very small town in Sweden called Vetlanda

(something out of the Hansel & Gretel fairytale) with my older brother and mom and dad. My first memories of family time stem from there.

Today, my immediate family has extended to include my husband and son and daughter. However, being that I come from a BIG FAT Persian family, family to me is also defined by lots and lots of aunts, uncles, and cousins. Then of course there is the family that I was not born into, but that I chose for myself, and that is my dear life-long friends who I have grown up with. And let’s not forget my first babies, Sam & Simon, my late Labrador retrievers.

What Does Family Mean to Me?

Having each other’s back. The feeling that you belong to a team. People who you can count on through the good and bad times. At times, obnoxious people who are all in each other’s business. Big dinners and loud parties. Having an extra-large pose at every graduation, birthday party, or any other cause that my BIG FAT Persian family feels like celebrating. People who celebrate you. People who have the ability to infuriate you more than anyone else because they know you better than anyone else so they know exactly the right buttons to push. Family can mean a brother who will beat you up and make fun of you but at the same time will also beat up anyone else who attempts to bully you. Family means waking up in the morning

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finding yourself hanging on to the edge of the bed and trying not to fall off as you see little baby feet in your face and the little ones are stretched comfortably from corner to corner on the bed sleeping so peacefully.

My Favorite HAPPILY EVER AFTER DIVORCETM Story

When I was in middle school and my brother was seventeen years old, he started dating a girl his age and they fell in love. She quickly became the older sister that I never had.

When they were 21 years old, they got married. I was ecstatic because now it was official, now she really was my sister. We were extremely close and shared everything with each other. At one point, I even lived with my brother and sister-in-law.

They were married for eleven years and together for 16 years; but the last few years of their marriage was rough. They had grown so far apart that they barely had anything in common to talk about anymore. Their hopes and dreams for the future were completely separate. So they decided to divorce and go separate ways. I was absolutely devastated, I felt like someone had died. I truly felt like I had lost the sister that I had grown up with.

I remember being very mad and upset at both of them. Although, as much as I hated to admit it, even I knew that something had to change. In those last few years, they were both constantly mad, anxious, and irritable.

Thankfully the divorce process was not dragged out and they each strived towards focusing on the future.

Today, my brother does not waste a single moment pursuing his passion for fishing and personal development. He is now one of the calmest people I know. And he is in a very supportive relationship with an amazing woman

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who truly complements who he is and encourages him to enjoy his life to the fullest.

My ex-sister-in-law is now living her “happily ever after” with a great man who she married and now has a beautiful baby boy with.

Professional Resume:

Sara Khaki went to high school in the heart of Alpharetta at Milton High School. She then went on to graduate Summa Cum Laude from Georgia State University; and then received her law degree in 2008 from the University of Georgia. Sara is admitted to the Georgia State Bar and the U.S. District Court in the Northern District of Georgia.

As an attorney, Sara has been distinguished by Atlanta Magazine and Super Lawyers as a Rising Star; she has been named a Top 100 Lawyer by the National Advocates; and she has received a 10 out 10 rating by AVVO.

Sara has served as a board member of the Atlanta Bar Associations’ Women in the Profession Section, she is an active member of Georgia Trial Lawyers Association and Georgia Association for Women Lawyers. Sara has also presented at continuing legal education seminars at both the Georgia State Bar and the Atlanta Bar Association.

Stacy Crittenden, Attorney – Of Counsel

What Is My Family Structure Like?

I grew up in a very loving household with both parents and a younger brother. My extended family is very small, so the four of us were all

very close, which was definitely solidified with the many cross-country

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moves we made. Before moving to North Gwinnett County in 1996, my family lived in several other states. Moving around so much as a child gave me the ability to appreciate home wherever it is, but also adapt to new situations. As a result, I have friends all over the country which is a nice bonus when traveling. Now, I enjoy living in the Alpharetta area with my boxer-beagle pup, Lucy. I’m active in the community and appreciate the Big Creek Greenway and all of the great restaurants that keep popping up in the area!

What Does Family Mean to Me?

Love. Support. Experiences. Fun. Family are the people, by birth or choice, that you experience life with. The ones that you can effortlessly love and support, even when you don’t really want to. They’re the first people you want to call when you see something weird driving in your car. The ones you joke around with and laugh with. Family is a comfort that makes each of us feel a little less alone in the world. The people that just get you.

My Favorite HAPPILY EVER AFTER DIVORCE™ Story

When I was 27, my seemingly perfect, loving and wonderful parents got a divorce. They had been married almost 30 years and had shared almost all of life’s major moments together – birth of children, new homes, death of parents, the family dog, birthday parties, football games, graduations….you name it, they had been through it together. To say it rocked my foundation would be an understatement. While I was an adult, a law school graduate, and living independently, I had very child-like emotions that surrounded the whole process. My fears were big and small – where would I spend Christmas morning? What do I do for birthdays? Can I talk about Mom to Dad or about Dad to Mom? What happened here? It was a strange field to navigate as an adult. While my mother has since passed, my father is in a

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new marriage and is very happy. At the end of the day, their lives needed to take separate courses to continue forward. Their divorce process was mostly amicable, but I knew there had to be a better way to serve the client. A way that made it seem less sterilized and more caring.

Professional Resume:

Stacy went to high school in North Gwinnett County at Dacula High School. After graduation she attended Clemson University and then went on to law school at Michigan State University, graduating in 2009 with her J.D. While in law school Stacy worked for tenants rights at a non-profit center associated with Michigan State University and clerked for a local judge.

After law school, Stacy moved back to Georgia and worked for a small construction company in Cumming, Georgia doing their risk management. In 2011, Stacy began The Crittenden Law Firm, LLC and has practiced family law since then. Stacy is admitted to the Georgia State Bar and is a member of the family law section.

Tina Thapar, Associate Attorney

What Is My Family Structure Like?

I was born and raised in New Jersey by my parents and elder sister. Shortly after the ’96 Olympics my family relocated to Alpharetta, GA where we have lived since. My immediate family now consists of my mother, father, sister, and brother-in-law. But it doesn’t stop there! Being Indian comes with many perks, one of them being having a very large family. I

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have a countless number of aunts, uncles, and cousins all whom I get to see pretty regularly. Lastly, my lifelong friends are also a large part of my family.

What Does Family Mean to Me?

Family. For me, it is comprised of people who accepts me for who I am. This can be a friend, a relative through blood, or marriage. They are the ones that are continuously by my side. These are the people that would do anything to see me smile, those who understand me the most, and who love me unconditionally. Family consists of people that most easily get under my skin, but would never let any harm come to me. Family to me is being able to joke around with my mother, drink cups of chai with my father, be a typical younger sibling around my sister, and talking about the most random things with my brother-in-law.

My Favorite HAPPILY EVER AFTER DIVORCE™ Story:

A few years ago I had a close friend marry the girl of his dreams. Their families got along well, they were in love, and things seemed perfect. Within a few months of marriage, they started to resent one another and no longer had the love that they initially felt. They continued to live together and tried to make things work, but it was never the same. Within two years of marriage they decided it was best to end their marriage and go their separate ways. Since then my friend has been able to pursue his dreams of becoming an entrepreneur and his ex-wife has since then married and had a baby boy of her own. Even though the time they spent married together was not the best time of their lives, they were able to come out of their divorce pursuing their dreams and aspirations. Since then they have followed their individual passions and have grown to love life again.

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Professional Resume:

Tina graduated from Alpharetta High School and earned her bachelor’s degree from Emory University. She received her law degree from Cumberland School of Law. Tina is admitted to the Georgia State Bar and the U.S. District Court in the Northern District of Georgia. She is a member of the Georgia Association for Women Lawyers (GAWL) and South Asian Bar Association of Georgia (SABA-GA). Tina is fluent in Hindi and Punjabi. When not pursuing her passion for law, she enjoys playing soccer, traveling, volunteering and dancing.

Holly Casey, Intake Specialist

What Is My Family Structure Like?

My family is and always has been very open and close-knit. We lean on each other through hard times and lift each other up through our successes.

What Does Family Mean to Me?

To me, a family is nothing less than a support system. Family is a group of people who work together to be a strong force through hard times. I consider family a group of people who create a safe place to consult each other and comfort each other.

Professional Resume:

Holly has been working in law for over 20 years and almost 10 years of that is in family law. She is blessed with a hard-working and loving husband of 22 years, three amazing daughters (Elizabeth, Bayli and Aubrie), and three beautiful grandchildren. Her greatest hobby is simply loving her family and

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while that will never change, her dream hobby would be traveling the world with her husband. Law has become Holly’s passion over the years. Holly feels privileged to work at the Atlanta Divorce Law Group where she gets to work and interact with our clients, and she is always eager to help and think outside of the box for a client who is going through an especially tough times.

Stacey Zimmermann, Law Firm Administrator

What Is My Family Structure Like?

I have a younger sister and two amazing parents. We moved a few times when I was young before settling in Alpharetta

where my sister and I grew up. We were pretty lucky; we had parents that loved us, no financial worries that we knew about, and overall a very happy childhood. Our family now extends to our friends and new additions to the family as well.

What Does Family Mean to Me?

To me, family is comprised by the people that want what is best for you. It doesn’t matter if they are related by blood, marriage, or simply lifelong friends. They are going to support you and help you be a better you. Sometimes that means they challenge your thinking and teach you better ways of approaching life. Sometimes it’s simply listening and being by your side. It’s about forgiving when someone messes up; looking past the character flaws and embracing the person for who they are. Being family and loving each other doesn’t mean things are going to be easy; it simply

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means that you walk out of the valleys and up the mountains together, taking turns carrying each other to lighten the burden when things get too hard.

Professional Resume:

Stacey graduated from the University of Georgia with a bachelor’s degree in Telecommunications in 2003. She worked as a video production assistant for a short time before realizing that career path wasn’t for her. In 2007, Stacey graduated as a double “dawg” from the University of Georgia with a Master’s in Education. She worked as a programs coordinator for a recreation company for 5 years and loved getting to work with so many different families at that job. That experience taught her how to provide top client services to different family structures. Life circumstances took her out of that industry and brought her to the legal industry. Today, she thrives at having the opportunity every day to be part of making a difference in people’s lives.

In her spare time, Stacey runs an annual charity Tennis Tournament in memory of her daughter, Peyton. The tournament is to raise awareness and funds for research to find a cure for Spinal Muscular Atrophy, the terminal genetic disorder her daughter suffered from. In the first two years of the event, the tournament has already raised $30,000! Stacey also loves to play tennis herself.

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Hear From Our Clients Atlanta Divorce Law took client service to a level beyond anything I could ever imagine! This law firm operates with the utmost professional and confidently manner. This was not an easy situation for me and Atlanta law group made a

difficult time in my life very smooth and stress free. If you ever find yourself in this hard spot like I did choose Atlanta divorce law group to guide you through the

storm; I promise the storm will clear soon!

Linda

~

We are very happy to work with the firm, they provides excellent service, always prompt to response to our emails. Sara has been very helpful in assisting us to

resolve issues. We appreciate all that the staff did for us. We would highly recommend their services to anyone that is looking for a great trustworthy

lawyer.

Gina D.

~

What sets aside Atlanta Divorce Law Group from all the other divorce law firms I’ve seen is the way the whole staff treats their clients with such great care. They are there for you every step of the way and make you feel comfortable in a time where things aren’t so easy. They’re the only divorce firm that I recommend and trust because I really believe they handle a divorce case with not only care, but

also the utmost professionalism. Being a client of the Atlanta Divorce Law Group will put you and your case in good hands, rest assured!

Nataly

From my first meeting with Sara, I felt sense of caring and compassion. Throughout my case, I was highly impressed with her knowledge and dedication.

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Her responsiveness to my inquiries and correspondences were impressive. She made the entire process a pleasant, effective and positive experience which I

always will appreciate and remember.

Ali A.

~

An incredible professional attorney and extremely supportive.

Jenn

~

The adjective “professional ” describe most attorneys- dealing with many professional attorneys over the past 5 years, Sara is head and shoulders above the rest and an excellent attorney. What separates this firm from the rest is I felt the

staff cared. Nothing but good things to say.

Marion J.

~

Sara always spent more time understanding the problem and willing to help out. Working thru the dynamics of my case was not easy but given Sara and her staff

we were able to determine the best way to solve my situation. This saved me a lot of money in the long run.

Nick

~

Best team I have ever worked with! First class all the way!

Geo

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Disclaimer Disclaimer for “The Atlanta Divorce Survival Guide” You understand that this book is not intended as a substitution for a consultation with an attorney. Requesting this book or viewing the information in it does not create an attorney-client relationship with Atlanta Divorce Law Group or any of its attorneys. To obtain legal advice about your Georgia divorce, please engage the services of Atlanta Divorce Law Group or another law firm of your choice. To discuss engaging Atlanta Divorce Law Group to help you with your matter, please contact the firm.

ATLANTA DIVORCE LAW GROUP IS PROVIDING “THE ATLANTA DIVORCE SURVIVAL GUIDE” (HEREAFTER REFERRED TO AS "BOOK") AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS BOOK OR ITS CONTENTS. ATLANTA DIVORCE LAW GROUP DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ATLANTA DIVORCE LAW GROUP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS BOOK IS ACCURATE, COMPLETE OR CURRENT.

The book is provided for information purposes only, and relevant laws frequently change. Neither Atlanta Divorce Law Group nor any authors, contributors, or other representatives will be liable for damages arising out of or in connection with the use of this book. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory; direct, indirect or consequential damages; loss of data, income or profit; loss of or damage to property, and claims of third parties and punitive damages.