Leah Ward Sears recently stepped down as Chief Justice of the Georgia Supreme court to refocus her efforts on strengthening Georgia families and marriages.
She posted the following op-ed piece on CNN.com, discussing her personal experience and perspective on marriage and divorce, and her plans moving forward.
Let's end disposable marriage
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Tuesday, July 7, 2009
Friday, May 1, 2009
The Effect of the Economy on Divorce in Georgia
The following is a report by Antwan Harris from WMGT 41 NBC News out of Macon:
MONEY 101: Couples Working Through Tough Times
Experts say money is the number one issue married couples argue about.
While the economy continues to trickle downward several families across Middle Georgia are losing their homes and, according to experts, their ability to tough it out together. Now health officials say they are seeing more families resort to counseling to help save marriages.
Susan Johanson LPC said, "We have seen an increase in the number of people coming in. We also have seen an increase in intimate partner violence."
According to for your marriage dot org, The divorce rate for first-time marriages stands at around 50 percent.
People who divorce and re-marry have an even greater chance of getting additional divorces. Anywhere from 60-75 percent
James and Lila Seay of the Houston Avenue Church of Christ, talk with young couples daily about marriage and the strain of the economy.
James said most fail because they are not honest about finances in the beginning.
"We always tell couples to openly discuss their financial situation and be clear about their goals and objectives," Seay added.
The Seay's, working on 38 years of marriage, do what experts say helps young couples survive; that is talking through problems before they hit home.
Johanson added, "It is important to know what we are communicating about. Are we arguing about money or how decisions get made in the household."
Marriage counselors say a tough economy can impact people in terms of practical everyday experiences, such as sleep or appetite.
Lila, said in the event of job loss, having a sound foundation can help couples make the most of what they have.
"When the debt comes and somebody loses a job and the pressures are there, but if you hold on to the love that you have for each other, that will help you make it through," Seay added.
Source: WMGT - TV
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MONEY 101: Couples Working Through Tough Times
Experts say money is the number one issue married couples argue about.
While the economy continues to trickle downward several families across Middle Georgia are losing their homes and, according to experts, their ability to tough it out together. Now health officials say they are seeing more families resort to counseling to help save marriages.
Susan Johanson LPC said, "We have seen an increase in the number of people coming in. We also have seen an increase in intimate partner violence."
According to for your marriage dot org, The divorce rate for first-time marriages stands at around 50 percent.
People who divorce and re-marry have an even greater chance of getting additional divorces. Anywhere from 60-75 percent
James and Lila Seay of the Houston Avenue Church of Christ, talk with young couples daily about marriage and the strain of the economy.
James said most fail because they are not honest about finances in the beginning.
"We always tell couples to openly discuss their financial situation and be clear about their goals and objectives," Seay added.
The Seay's, working on 38 years of marriage, do what experts say helps young couples survive; that is talking through problems before they hit home.
Johanson added, "It is important to know what we are communicating about. Are we arguing about money or how decisions get made in the household."
Marriage counselors say a tough economy can impact people in terms of practical everyday experiences, such as sleep or appetite.
Lila, said in the event of job loss, having a sound foundation can help couples make the most of what they have.
"When the debt comes and somebody loses a job and the pressures are there, but if you hold on to the love that you have for each other, that will help you make it through," Seay added.
Source: WMGT - TV
Read more!
Friday, April 24, 2009
No-Fault Divorce
In the State of Georgia there are 13 grounds for divorce. One of those grounds is that the marriage is simply "irretrievably broken." A divorce based upon the marriage being irretrievably broken, and not on the "fault" of either of the parties is commonly referred to as a "no-fault" divorce. In order to obtain a "no-fault" divorce one party must show that they unwilling to continue to live with their spouse, and that there is not chance of the parties reconciling.
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Tuesday, March 17, 2009
Divorce in Tough Economic Times
The current economic situation in Georgia and the rest of the country has had an impact on most facets of people's lives, and divorce is no exception. That is not to say that people don't pursue divorce during difficult economic times; they certainly do, but the decision making process is affected by what the parties feel they can take away from the divorce.
Couples who don't feel that they can live separately at comfortable levels are coming up with creative solutions, either to avoid the divorce, or to continue to live in the same home following the divorce.
Ideally, when a marriage comes to an end, both parties are able to walk away with their dignity and the means to move on with their lives independently. The equity held in the marital home is generally where a large portion of the property settlement comes from, as the marital home is often the largest single purchase a couple will ever make. Often the sale of a home could result in enough equity to allow both parties to proceed with the down payment necessary to purchase a home on their own after the divorce.
In today's housing market, however, this is seldom the case. In the current conditions parties may have to settle who ends up stomaching the loss rather than how to divide up the proceeds, and neither party may be able to own a home for some time after the divorce.
Below are two articles which look more in depth at these issues, and provide some case studies of how the economy has affected real people, including a divorcing couple from Alpharetta.
Breaking Up Is Harder to Do After Housing Fall
Divorce, Recession Style; Creative Living Arrangements on the Rise
Sources: The New York Times, The Santa Barbara Independent
Read more!
Couples who don't feel that they can live separately at comfortable levels are coming up with creative solutions, either to avoid the divorce, or to continue to live in the same home following the divorce.
Ideally, when a marriage comes to an end, both parties are able to walk away with their dignity and the means to move on with their lives independently. The equity held in the marital home is generally where a large portion of the property settlement comes from, as the marital home is often the largest single purchase a couple will ever make. Often the sale of a home could result in enough equity to allow both parties to proceed with the down payment necessary to purchase a home on their own after the divorce.
In today's housing market, however, this is seldom the case. In the current conditions parties may have to settle who ends up stomaching the loss rather than how to divide up the proceeds, and neither party may be able to own a home for some time after the divorce.
Below are two articles which look more in depth at these issues, and provide some case studies of how the economy has affected real people, including a divorcing couple from Alpharetta.
Breaking Up Is Harder to Do After Housing Fall
Divorce, Recession Style; Creative Living Arrangements on the Rise
Sources: The New York Times, The Santa Barbara Independent
Read more!
Monday, March 16, 2009
Divorce: Who gets what?
How is property distributed in a Divorce Proceeding?
Under Georgia law, real and personal property and assets (and debts) accumulated during a marriage are subject to "equitable division" in a divorce proceeding. It is important to understand, however, that equitable does not mean equal. Equitable division instead refers to a fair division of marital property.
How is a fair division of marital property determined?
The short answer is that the fact finder (judge or jury) has broad discretion in the State of Georgia to determine how property should be distributed, making property division an extremely fact specific determination.
The initial determination which must be made is whether property is marital.
Property that is separate property of one spouse, in other words, non-marital property, shall remain that spouse's property. (Separate property might include property such as a home owned by one party prior to the marriage, or an inheritance.)
This determination is potentially more complicated than it would appear at first blush. Property in which title is held in one party's name only may be determined to be marital property. (House that former husband and former wife had acquired during marriage, but that husband deeded to wife as gift, remained "marital property" subject to equitable division after divorce and was not separate property." McArthur v. McArthur, 256 G. 762, 353 S.E.2d 486 (1987). )
Also, when otherwise separate property has appreciated due to the efforts of the other party over the course of the marriage, or where the other party has contributed to the reduction of debt owed upon ottherwise separate property, the contributing party may be entitled to an equitable division of increase in value.
Retirement and investment accounts may fall into the category of marital property as well, and be subject to equitable division.
Once a determination has been made regarding what property (and debt) is marital, the fact finder can proceed to divide it fairly. This determination is to be made using all reasonable factors, which means that the fact finder can consider all kinds of evidence of conduct, contribution, etc. to make their determination.
It is important to discuss with an attorney what property and assets might be subject to equitable division in your divorce. In order to do so you must have and share with your attorney all financial information that you can produce, including all assets, monthly expenses and debt payments, and work to create a Domestic Relations Financial Affidavit that (DRFA) accurately reflects your economic position. You should consult with an attorney as well to determine the accuracy of your spouse's (DRFA).
It is a good idea to gather and organize as much of your financial information as you can as early as possible in your divorce to aid your attorney in moving forward towards protecting your assets, and investigating the assets of your spouse to ensure that all marital property is accounted for.
Read more!
Under Georgia law, real and personal property and assets (and debts) accumulated during a marriage are subject to "equitable division" in a divorce proceeding. It is important to understand, however, that equitable does not mean equal. Equitable division instead refers to a fair division of marital property.
How is a fair division of marital property determined?
The short answer is that the fact finder (judge or jury) has broad discretion in the State of Georgia to determine how property should be distributed, making property division an extremely fact specific determination.
The initial determination which must be made is whether property is marital.
Property that is separate property of one spouse, in other words, non-marital property, shall remain that spouse's property. (Separate property might include property such as a home owned by one party prior to the marriage, or an inheritance.)
This determination is potentially more complicated than it would appear at first blush. Property in which title is held in one party's name only may be determined to be marital property. (House that former husband and former wife had acquired during marriage, but that husband deeded to wife as gift, remained "marital property" subject to equitable division after divorce and was not separate property." McArthur v. McArthur, 256 G. 762, 353 S.E.2d 486 (1987). )
Also, when otherwise separate property has appreciated due to the efforts of the other party over the course of the marriage, or where the other party has contributed to the reduction of debt owed upon ottherwise separate property, the contributing party may be entitled to an equitable division of increase in value.
Retirement and investment accounts may fall into the category of marital property as well, and be subject to equitable division.
Once a determination has been made regarding what property (and debt) is marital, the fact finder can proceed to divide it fairly. This determination is to be made using all reasonable factors, which means that the fact finder can consider all kinds of evidence of conduct, contribution, etc. to make their determination.
It is important to discuss with an attorney what property and assets might be subject to equitable division in your divorce. In order to do so you must have and share with your attorney all financial information that you can produce, including all assets, monthly expenses and debt payments, and work to create a Domestic Relations Financial Affidavit that (DRFA) accurately reflects your economic position. You should consult with an attorney as well to determine the accuracy of your spouse's (DRFA).
It is a good idea to gather and organize as much of your financial information as you can as early as possible in your divorce to aid your attorney in moving forward towards protecting your assets, and investigating the assets of your spouse to ensure that all marital property is accounted for.
Read more!
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