GeorgiaFamilyLaw

News and Thoughts on Family Law Issues in Georgia: Divorce, Alimony, Child Support, Child Custody, Visitation, Property Division, Adoption and More

Friday, January 20, 2006

Georgia divorces could take a lot longer

The Georgia General Assembly is once again considering a bill to extend the waiting period before finalizing a no-fault divorce in cases with minor children. From an article by Sonji Jacobs in the Atlanta Journal Constitution, published on 01/20/06:

Bill extends wait time for divorce
Counseling for couples with kids required

By SONJI JACOBS
The Atlanta Journal-Constitution
Published on: 01/20/06

Married couples with children who want to call it quits with a no-fault divorce soon may have to wait four times as long.

The state Legislature is moving forward on a bill that would extend the waiting period for a divorcing couple with children from 30 days to four months. The 120-day waiting period would begin either at the time of separation or at the divorce filing, whichever comes first. Georgia law now requires a 30-day waiting period to obtain an uncontested divorce.

A divorcing couple with kids also would be required to attend a three-hour counseling course on the effect of divorce on families.

"Children prosper better when couples stay married," said Sen. Mitch Seabaugh (R-Sharpsburg), the bill's sponsor. "Divorce has a devastating effect on children. And the state doesn't really do anything to encourage the reconciliation of a marriage. What this bill does is provide a cooling off period for a no fault divorce and require the couple to attend classes so they can understand the full impact of divorce, not only on them as individuals, but on the children."

The bill would not affect divorcing couples who do not have children, and it has a provision that would waive the waiting period for victims of domestic violence.

Last year, the Senate voted in favor of a more stringent version of Senate Bill 25 that required divorcing couples with children to wait 180 days and couples without children to wait 120 days. But the House Judiciary Committee changed the bill to its current form and approved it in a tense 7-6 vote. The committee reviewed the bill again last week and approved it with a few minor, technical changes.

Now, the House Rules Committee could approve the bill for debate on the floor at any time, although the committee probably will consider the bill later in the session.

A spokeswoman for House Rules Chairman Earl Ehrhart (R-Powder Springs) said the House is not planning on debating any Senate bills yet. Each chamber has the first 33 days of the 40-day session to pass its own bills and move them over to the other legislative body for consideration.

State Rep. Mary Margaret Oliver (D-Decatur), a House Judiciary Committee member, said that she supports the mandatory class for divorcing parents, but opposes the waiting period provision in the bill. "Every case is individual and personal," Oliver said. "A general waiting period only provides that the government interferes further with people's personal lives."

But Jamie Self, public policy director for the Georgia Family Council, an organization that has championed the bill, said state laws can help ensure that divorcing couples think about the impact of their decision on their children.

"We don't believe government has a silver bullet when it comes to family breakdowns," Self said. "Government won't solve the issue, but we do feel there is an appropriate role for our laws to play in shaping how we go about something as serious as divorce."

Tuesday, January 17, 2006

Child support laws in Georgia are changing

Last year, HB221 was passed and signed into law by Governor Perdue. The bill changed Georgia's approach to calculating child support from a "percentage of income" model, where the support was established as a percentage of the gross income of the obligor, to an "income shares" model, where the incomes of both parents are included in the calculation. The law had an effective date of July 1, 2006, and assigned to the Georgia Child Support Commission the task of creating the chart of Basic Child Support Obligations, based on current economic data.

The Commission completed its work in December 2005, and Senator Seth Harp has introduced SB382, which incorporates that chart and other changes to HB221. The bill is presently pending in the Georgia General Assembly.