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This week, the US Supreme Court heard arguments for marriage equality and our Atlanta law firm is following this issue closely. Kitchens New Cleghorn provides legal services to many same-sex couples, and we fully support the dignity of their relationships. Although a large part of our business is helping some people end their marriages in the easiest way possible, we celebrate marriage and respect it for the special institution that it is. That’s why when one of our friends had pics on social media showing her officiating a wedding in Florida, we got curious about who can be a wedding officiant here in Georgia.

Kitchens New Cleghorn law clerk Burton Peebles researched this issue for us (what the law specifically says about who can act as a marriage officiant in Georgia). Here is what he told us:

“A marriage license may be authorized in Georgia by any Governor; former Governor of Georgia; any judge, including judges of state and federal courts of record in Georgia; city recorders, including recorders outside of their municipality; magistrate judges; ministers; or other persons of any religious society or sect authorized by the rules of such society to perform the marriage ceremony. This provision is interpreted broadly. However, if not a judge, justice of the peace, Governor or former Governor, city recorder, or magistrate, an officiant must have the authority under the rules of any religious society to solemnize a marriage (i.e. a deacon, elder, or ordained minister).”

Our rules are very liberal in comparison with some other states, such as neighboring North Carolina, where some “officiant” certifications obtained online do not satisfy their legal requirements to perform marriages. To ensure your marriage will be legal, be sure that your officiant is legally certified to perform the marriage ceremony.

In addition to being Atlanta divorce attorneys, we also have the happy job of being Atlanta adoption attorneys. The absolute joy of helping to create families for Georgia’s children is one of the best parts of our law practice. Because adoption should be encouraged, our lawyers want to educate Georgians on the 4 most common things that people should know before they decide to embark on their adoption journey:

1. Age is a factor

   You must be 25 years old or older to legally adopt a child in Georgia. Although there are many people younger than this who are mature enough, the law requires this minimum age as a way of mitigating pitfalls from becoming a parent before you are financially and emotionally ready to assume responsibility for a child.

2. Fiscal responsibility is a must

   The law requires that a person demonstrate a healthy level of responsibility when it comes to managing money. Your financial background will be considered when you apply to adopt a child. Be sure that you have repaired any damaged credit issues and can prove that you are capable of earning an income that can provide for he needs of a child.

3. Your home will be inspected

   It’s a typical requirement that your home is inspected when you adopt or foster parent a child. You don’t need to have a house like Martha Stewart to pass the inspection, but you do need to demonstrate that the adopted child will have his own room, bed and the normal amenities (electricity, running water, etc.) that one would expect in a safe home.

4. Character counts

   Obviously, Georgia has a vested interest in placing children with people who have solid character. This includes having friends and family who can speak well of you and your character. It also means that you must have a clean criminal background check.

For more information about the adoption process, you can check out the Georgia Department of Family and Children Services page. If adoption is something that you have been considering, please visit our website and learn more about our adoption services here in Atlanta.

Our Atlanta law firm sees a variety of problems, including divorce. But as a business, we can certainly see the value of treating marriage like one, too. Planning ahead, setting goals and knowing how to solve potential problems if/when they occur are all business principles that can be applied to marriage in order to strengthen it.

One of the first things people do before starting a business is to write a business plan. It’s a road map for how the business will operate and includes things such as mission statements, culture, human relations, budgets and growth plans. All of these aspects of a business plan can be applied to preparing for a marriage. Here’s how:

1. Mission statement – what is the purpose for your marriage? Talk about this with your partner and write it down. This might be the time that you find out that you both think about the purpose of marriage very differently and may avert problems on down the road if you understand why you want to marry.
2. Culture – what do you want your home life to be like? If you know in advance that your spouse will be in front of a giant-screen television every weekend watching some type of sporting event while you envisioned shopping at flea markets and antique stores with them, you may both be in for a big disappointment. Talk about what you want your home life to be like, how you will treat guests, how you will raise children, spend holidays, etc. Make your agreements before these issues come up.
3. Human Relations – how do you make sure that you are both receiving your benefits package? (You know, the benefits of being married?) What if someone needs to be written up for a reoccurring problem? How will you handle conflicts? How can you reward excellent effort?
4. Budget – how you will manage the cash flow? Do you want to save a certain amount for a home down payment? Do you want to pay off debt first? Will you carry a balance on your credit cards? Will you consult each other on large expenses before making a purchase? What should each person do to contribute to these goals? Discuss and come up with a strategy to make sure that you have a mutual understanding of your financial goals.
5. Growth – do you want children? When? How many? What if a natural pregnancy isn’t an option? Adoption? In vitro fertilization? Foster-parents? What are your plans (and back-up plans) for expanding your family past the two of you? The time to make these decisions is now, before you tie the knot.

After you’ve decided to marry your friend, sit down together to work through these issues and, as this article in Forbes explains, write down your goals (plans) to commit to, you can expect an easier time making important life decisions together because you will have already done it before.

Atlanta Divorce Mediation

In our Atlanta divorce practice, we sometimes have clients who are not able, for a variety of reasons, to come to an agreement on one or more terms of their divorce. When this happens, we can arrange for our clients to try to resolve their disputes through divorce mediation. The two biggest reasons we recommend mediation as a tool is to save money and because anything can happen in a courtroom. If a couple can’t resolve their differences and end up asking a judge to decide, they may not like the terms of the divorce that a judge will set for them.

The mediation process is often misunderstood. People sometimes don’t realize that it can be a good, cost-effective way for a couple to come to a settlement agreement.

The process is fairly simple:

1. The couple meets at the mediator’s office and each person is seated in a separate room with their own lawyer.
2. The mediator, a trained listener, will usually have a brief meeting with the attorneys to get an overview of each side.
3. He/she then meets with and listens to both parties individually to identify the areas of agreement and disagreement.
4. He/she will impartially go back and forth to act as a negotiator, often keeping the important issues at the forefront and filtering out the emotions. He/she will try to keep things moving forward in a positive direction so that each party can see that progress is being made.
5. Any areas of agreement that can be worked out are written up and signed off on by both parties. Sometimes, people leave with a partial agreement and go before a judge to hear and decide on only one or two issues.

Speaking with a client about her recent mediation experience, she described it this way:

“My ex-husband can be very intimidating and had been bullying me each time we had to see each other. Mediation took the pressure off of me because I didn’t have to sit face-to-face with him and feel afraid. I had an amazing mediator with a great personality who took the time to really listen to what I needed and why. He asked many questions and was able to calmly reason with my ex-husband. The mediator got him to see the facts of the case outside of the anger he was feeling towards me because I wanted to leave the marriage. Our mediator helped us both understand the reality of what a judge could or would say to us if we were to go to court. As a result, we were able to evaluate our risk and came up with a settlement that we could both live with.“

Mediation does have pros and cons, as Joyce Kitchens explains in this video. But because a mediator works for both people, unlike a lawyer who only works for their client, both parties know that they have a person who is trying to work with them to help them. For this reason, mediation usually has a very high success rate and is a tool that we endorse when our clients are not able to come to a resolution.

When it comes to divorce settlements, a good family lawyer knows that child support can be a huge factor in the divorce agreement. Recently, the estranged wife of billionaire Ken Griffin asked a court to grant one million dollars per month for child support for their 3 children, ages 2, 4 and 7.

Dias Griffin is basing her request on an Illinois law what says children of divorce “are entitled to continue the lifestyle they enjoyed during the marriage.” According to her budget, the money is necessary. She plans to spend $14,000 on food for the 3 children, $160,000 on monthly vacations, and don’t forget the thank you notes that will be sent on $2,000 per month in stationery.

Mrs. Griffin has also asked the judge in the case to nullify her pre-nuptial agreement that Mr. Griffin had her sign the day before their 2003 wedding. She reported to the court that it was signed under duress and only gives her 1% of his estimated net worth. That 1% happens to be $50 million dollars.

In our family law practice, we try to help our clients get the necessary support to continue to keep their children in the same standard of living they were used to during the divorce. Although there is no standard amount for child support, our partner, Jeff Cleghorn, gives a brief overview about how child support is calculated in the state of Georgia. If you want to discuss your child support needs, please give us a call today!