Anthony M. Zezima, P.C.

ATLANTA A federal judge has ruled that Georgia’s heartbeat abortion law is unconstitutional and cannot be enforced. The law essentially bans abortions after six weeks of pregnancy but makes exceptions for rape, incest and the mother’s health. Monday’s ruling permanently blocks the law from taking effect. In the lengthy, 67-page ruling, district court Judge Steven Jones laid out his reasoning for overturning the law, saying it violates the 14th amendment. Critics argued that since most women don’t know they’re pregnant at six weeks, the law essentially banned all abortions.

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LEGAL CONSIDERATIONS OF SAME SEX MARRIAGE AND DIVORCE Following the U.S. Supreme Court decision that determined that it was unconstitutional to deny same sex marriages, the State of Georgia now recognizes and sanctions marriage between partners of the same sex. Georgia also recognizes marriages between persons of the same sex when they may have been legally married in another state or country. This means that divorces can now be filed to dissolve these relationships. Of course, the parties will still have to meet the residency requirements before filing. One of the parties must have resided in the State of Georgia for at least 6 months immediately preceding the filing of the divorce.

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FAR REACHING DECISION ON GAY RIGHTS BY COUNTRY'S HIGHEST COURT http://www.washingtonpost.com//f0039814-d9ab-11e2-a016-925

How Georgia co-parents adapt to teen visitation disputes On behalf of Anthony M. Zezima, P.C. posted February 22, 2013 Many Atlanta couples understand how emotion-filled and stressful a divorce can be. Months, and sometimes years, of negotiations with an ex-spouse over marital property, support or child custody issues are draining. A final agreement is a relief from the pressures of the divorce process.... Ex-spouses anticipate moving forward after child custody issues are resolved between parents or by a Georgia family court. Peace reigns as long as custodial and non-custodial parents abide by a custody arrangement and co-parenting plan. Experts say divorced parents often don't consider how children will respond to visitations in the years to come. The 5-year-old who once looked forward to a visitation may not feel so cooperative by adolescence. Family counselors say the transformation from agreeable to argumentative is natural. Teenagers have a larger world than younger children filled with multiple friends, school and sports obligations and social activities. As children grow, so does the need for independence from rigid rules like scheduled trips to visit parents who do not live with them. Non-custodial parents can be distressed about a child's change in attitude toward parenting time. Experts say teen time conflicts have more to do with staying connected to friends and social gatherings than it reflects on how the child feels toward a parent. Young children adapt to the time-sharing schedules their parents design. Children often roll with the flow of co-parenting for several months or years before challenging it, frequently to prevent further family conflict. Some aspects of co-parenting cannot be predicted. A teen's wish to skip a visitation to share a social outing with friends is a signal that some flexibility is needed. Advisers say the request is not a rejection, but a teen's desire to influence the way they live. Ex-spouses whose custody arrangements are unsatisfying can change them through compromise or with a judge's intervention. Frustrated parents turn to family law attorneys for help with unresolved custody matters. Source: huffingtonpost.com, "Hell No: I Won't Go" Edward D. Farber, Feb. 9, 2013

Setting the right example for kids after a Georgia divorce On behalf of Anthony M. Zezima, P.C. posted February 5, 2013 Legal and family counselors are on the front lines of disputes between divorcing Atlanta spouses. Emotion-filled arguments over child custody, visitation, support discrepancies and asset distribution are damaging when children suffer over adult issues.... Divorce is a whole-family issue that experts agree can have emotional consequences for children. Ex-spouses cannot be expected to act as they did while married to spare children hardships of parental separation, but counselors know the way parents behave, communicate and resolve problems leaves a lasting impression on kids. Bad mouthing an ex may be tempting but useless if not harmful to children. Family advisers suggest considering a child's perspective before making comments. Kids don't separate the love they feel for parents just because parents no longer connect with one another. Some spouses respond with venom when an ex upsets them. Children may be hearing and assessing these conversations. Provoked parents are advised to keep communications to the point, much the same way a businessperson handles an unpleasant colleague or client. Co-parenting requires a certain amount of forced cooperation. Disputes over child-related issues frequently occur when divorced parents avoid coordinating events. Advanced planning for kid-sensitive issues prevents last minute, avoidable arguments. One-upmanship is a common problem between former spouses. Competition is unnecessary. Overdoing gift-giving to outshine an ex can backfire. It sends children the message that extravagance equals love. Quizzing children following visits with an ex-spouse places pressure on kids to be informants. Unless a suspicion of wrongdoing exists, blow-by-blow details about visitations should be generated by children, not overly-inquisitive parents. Negative emotions after divorce are nothing out of the ordinary. Experts say parents should realize that how they feel can't be denied but how children respond to divorce is of equal importance. Finding middle ground with an ex applies to several areas of divorce. Attorneys also recommend compromise to smooth disputes over divorce settlements that otherwise might become costly to resolve in court. Source: huffingtonpost.com, "No More Ex Games," Lois Tarter, Jan. 26, 2013

Unexpected friendship changes can follow divorce On behalf of Anthony M. Zezima, P.C. posted January 25, 2013 Spouses are sometimes surprised to learn that the end of a marriage has unexpected social consequences. The effect on friendships is probably not a large consideration when Georgia couples decide to divorce. In fact, many spouses turn to friends for support through difficult divorce issues like arguments over child custody or visitation.... How friends view future relationships with ex-spouses can depend upon the closeness a friend has with the couple as a unit. A friend who is single or divorced may have an entirely different take on a divorce than a person who connected with spouses on a married level. Married couples with children often seek friends who are at the same life stage and share similar interests. The families interact as matched sets at social gatherings. The relationship balance with coupled friends changes when divorce divides half the group. Divorced couples' friends may shun one or both ex-spouses to avoid dredging up old, hurt feelings about personal divorce experiences -- either from a past failed marriage or a divorce they witnessed as children. Sometimes, strong beliefs or opinions about divorce stand in the way of acceptance. Friends of ex-spouses face a realignment of relationships. Some friends feel an urgency to choose sides in a couple's divorce, usually causing one ex-spouse to be excluded from future social occasions. Some friends severely reduce, and sometimes eliminate, social exposure with both ex-spouses. Children of the divorced couples frequently suffer collateral damage. When adult friends pull away, by default, so do their children. Ex-spouses often believe that a divorce devoid of contentiousness will cause less stress among social contacts. As many former spouses find out, friendships may not hold no matter how agreeably a divorce is handled. Emotional support during divorce can be as critical as the advice of an attorney. When friends cannot, or will not, be supportive, family members and counselors are often a source of strength. Although the effect of divorce on relationships may exist, the decision to split often brings a more satisfying future in many parts of life for those involved. Source: huffingtonpost.com, "Losing Friends During Divorce -- Or Not?" Marina Sbrochi, Jan. 11, 2013

The Supreme Court of Georgia has declared a portion of the Grandparent Visitation Statute to be unconstitutional under the Georgia Constitution. In Patten v. Ardis, Georgia Supreme Court Case No. S18A0412 (no official reporter cite yet), decided June 29, 2018, the Court set aside part (d) of the statute, which had given preferential treatment, and additional rights, to those grandparents whose children had died, were imprisoned, or unavailable. The standard of proof was lower, and the visitation authorized was greater, over the objections of the remaining parent. That is what caused it to be unconstitutional. The rest of the Grandparent Visitation Statute was left intact, and is still viable under the reasoning of the Court.

FOLLOW UP TO TAX CUTS for those who already have a Prenuptial Agreement and are married. If your Prenuptial Agreement provides for a predetermined amount of alimony to be paid in the future which was negotiated under the current tax treatment, and you get a divorce after January 1, 2019, you may run into problems with the settlement agreement in the divorce coming under the new tax law. Be sure your attorney knows how to handle this in court. If the Final Decree and Settlement Agreement do not recognize the pre-existing agreement, and get the Judge to rule that it applies under the old tax law, you may be in trouble.

The New Tax Cuts and Jobs Act of 2017 includes a dramatic change to how alimony is treated in divorce for any new alimony award, either by settlement or court order. This is a major change in how alimony is treated by the IRS, and should be a part of every discussion about alimony in a divorce. HERE IS THE SPECIFIC TAX CODE: ... "REPEAL DEDUCTION AND INCOME INCLUSION FOR ALIMONY PAYMENTS (71 and 215, Generally effective for any divorce or separation instrument executed after 2018)" 1. Summary. The Act ELIMINATES the deduction for alimony and separate maintenance payments under 215 and such payments would not be includible in the income of the payee under 71 . 2. Effective Date. This provision is effective for any "Divorce or Separation lnstrument" executed after 2018, and 2), for any Divorce or Separation lnstrument executed before 2019 and modified after 2018, if the modification expressly provides that the amendments made by the Act apply to such modification. 3. "Divorce or Separation lnstrument. " The Act provides that for purposes of this provision, the term "divorce or separation instrument" means 1) A decree of divorce or separate maintenance or a written instrument incident to such a decree, 2) A written separation agreement, or 3) A decree (not described in 1) requiring a spouse to make payments for the support or maintenance of the other spouse.

https://passportsonline.org//specialfamilycircumstances.pdf PASSPORTS FOR CHILDREN OF SINGLE PARENT HOMES If you need a passport for a child under 16, and the noncustodial parent is not available, you may be able to get a passport by using this form to explain why the consent of the noncustodial parent is not available.