Divorce "Tip of the Day:" Who Gets To Claim the Children as Dependents?

Did you realize that there are other issues involving children, in a divorce, besides child custody, child visitation, and child support, which you need to discuss with your divorce attorney?

The tip for today involves who gets to claim the kids as dependents. In other words, while you are planning your divorce from your worthless spouse, "Sluggo," you might want to consider who should get to claim your children as dependents on your income tax returns. Now, this is not a tax advice blog and you should, of course, consult with your attorney and/or accountant before doing anything. Also, generally, the party who has primary physical custody and provides most of the support for the children will likely be entitled to claim the kids. But here are at least a few ideas for you to consider when negotiating a settlement agreement with Sluggo over who gets to claim the kids on their tax returns. In other words, this is often a negotiable matter.

As divorce lawyers, we have seen some clients elect, in the settlement agreement, to take all the kids as their own dependents. Others, when there are two or more children, may negotiate to let each party take at least one child as a dependent. (It would be to your advantage to take the youngest child as your dependent, so you will get to take the deduction/exemption longer).

Finally, one other idea for you to consider, in cases in which one party makes significantly more money than the other party, is for the party making the most money to get all the dependants, but provided you both agree in the settlement agreement to split the amount realized.

So, you see, this is another topic involving children, which you might not have thought of, and which you need to discuss with your divorce attorney!

Longest Lasting Marriages

This blog focuses on Georgia divorce law, but I thought it might be fun to give you a few interesting facts about long-lasting marriages, too!

According to Wikipedia, the current, living, record-holding couple for the longest lasting marriage lives in India. Incredibly, this couple, the Thomases, have lived together for more than 86 years! But a number of other couples around the world are not far behind. Wikipedia lists 37 couples who have been married for at least 80 years! Even though we are divorce lawyers, here's hoping that these marriages will last!

Do you know of any marriages which have lasted a long time? What were the secrets to their success?

Divorce Rates Around the World

How does the divorce rate in your country compare with the divorce rate in other parts of the world? It should come as no surprise that the United States is among the divorce "leaders" with approximately 40% of all marriages ending in divorce, according to Wikipedia.

But Wikipedia has some other interesting facts, too. For example, in Europe, the divorce rates vary widely, from Belgium, which has a divorce rate of 2.9 per 1000, to Italy, with a rate of only 0.7 per 1000. This raises the question: Have folks in Italy discovered how to keep the romance alive, or are they just staying in bad marriages? What do you think?

But then you need to consider the divorce rates in India and Sri Lanka where, incredibly, according to Wikipedia, only one to one and a half per 1000 marriages end in divorce! What do you think are the reasons for these wide disparities in divorce rates from country to country?

Divorce and Condonation of Adultery

As the old saying, (attributed to Pope), goes, "To err is human; to forgive divine." Well, folks, this ain't always so!

In most contexts, "condonation," which means pardon or forgiveness, is a good thing. But depending on which side you are on, it's not necessarily a good thing in a Georgia divorce!

For example, let's assume that your divorce lawyer has alleged that your worthless spouse, "Sluggo," has been cheating on you. But let's also assume the evidence shows that, after learning about the adultery, you essentially forgave Sluggo and continued to cohabit with him for a while, before deciding to give him the boot. While every situation is different, (and while you must consult with your own divorce attorney about this issue), Georgia law may provide that, due to your condonation, you have waived or given up the possibility of using the adultery against Sluggo.

So, the bottom line is that, in my opinion, you should consult with a divorce attorney and discuss the legal consequences before you condone an adultery. To forgive Sluggo's adultery prematurely may not be so divine after all!

Divorce and A Fair to Remember in Paris!

Did you read the title to this post incorrectly? Did you initially think it read "Divorce and Affairs to Remember in Paris?!" Well, I hate to disappoint you, but this post deals with the reported divorce fairs, (not "affairs!"), now being held in Paris, France!

It appears that the French, who, like us, have seen their own divorce rates sky rocket, from about 50,000 divorces three decades ago, to 130,000 divorces in 2007, have decided to capitalize on the situation by conducting a "divorce fair." At the fair, over sixty booths feature counselors, lawyers, self esteem coaches, and others, even tarot card readers--all focused on helping people deal with divorce-related issues.

So, fairs aren't just about ferris wheels and cotton candy any more! Also, "a fair" has a far different meaning from "affair!" Maybe you should all visit Paris and have your cards read, too, while you are there! Who knows what else might happen in Paris! And please don't forget to visit us, too, at The Goolsby Law Firm Georgia divorce lawyers' booth, located near the Eiffel Tower!

Celebrity Divorces: Zsa Zsa Gabor

No blog about divorce law would be complete without at least one post dedicated to celebrity divorcee and actress, Zsa Zsa Gabor.

According to Wikipedia, Ms. Gabor, who is presently 92 years old, has been married nine times and divorced seven times, (with one marriage being annulled).

I have always enjoyed the popular, funny quote attributed by many to Ms. Gabor:

"I'm a marvelous housekeeper. Whenever I get divorced, I keep the house!"

Celebrity Divorces: Jim Nantz

So, do you think your divorce went badly? Were you "taken to the cleaners?" I guess everything is relative.

For instance, consider the reported divorce case of great American sportscaster Jim Nantz. According to published news reports, a Connecticutt divorce judge has ordered Nantz, among other things, to pay his wife of 26 years a whopping $916,000.00 per year in alimony and child support. Fortunately for Nantz, who is 50, the judge also reportedly ruled that the Nantz divorce was not caused by his alleged dating a 29 year old woman before the divorce was final. This divorce order may sound excessive. But again, everything is relative. According to Wikipedia, the well-to-do Nantz makes in excess of $4 million per year!

So, even if you believe Nantz was "taken to the cleaners," you should still recognize that he can still afford to buy a few dry cleaners, too!