Can I Get a Divorce If I Cannot Located My Ex?

Posted by Macon Divorce Attorney Selinda D. Handsford

Georgia law allows for a party to obtain a divorce, even if they cannot locate their spouse, as long as the party has been a resident of Georgia for at least six (6) months prior to filing through a legal process called a Divorce by Publication. Therefore, if you lose all contact with your spouse, you are not forced to remain married indefinitely.

In order to obtain a divorce by publication, one must state under oath that s/he has made a diligent effort to locate their spouse but has been unsuccessful despite their efforts.  The party must take diligent steps such as calling their spouse’s last know phone number, contacting friends/family of the lost spouse, looking up their spouse in the phone directory, or even searching for their spouse on social media networks.  If the Presiding Judge is satisfied that the party has made a diligent search then the party runs a legal ad in the county’s legal organ for four consecutive weeks.  After sixty (60) days has passed from the first publication, the party may request that the court grant the divorce.  Once the Judge signs the divorce decree, the parties are officially divorced.

The main caveat to a divorce by publication is that the Court is limited to what may or may not be granted in the divorce.  For example, the Court may grant custody of the minor children but the Court cannot order the missing spouse to pay child support or alimony.  Contact Macon Divorce Attorney, Selinda D.  Handsford, regarding what requests may or may not be granted in your case.

 

The above is for general information only and is not legal advice.  Contact Macon Divorce Attorney Selinda D. Handsford for your divorce consultation.

Handsford Law PC | Macon Divorce Attorney Selinda D. Handsford | shandsford@handsfordlaw.com | 743 Walnut Street, Suite 102, Macon, GA 31201

Dealing With New Romantic Relationships In a Divorce With Children

Posted by Macon Divorce Attorney Selinda D. Handsford

During a separation, it is not uncommon for one spouse or both to have a desire to begin a new romantic relationship as they attempt to adjust to a new life.  While this desire is natural, there are times when one must put their own selfish needs aside and act in a manner that is in the best interest of the children.

If you are involved in a contested divorce with children, THINK TWICE about starting a new romantic relationship and if you must, it is generally a good idea to keep your new relationship away from your children.

Your actions up until trial can be used against you in a contested custody matter.  Specifically, any of your actions that are not in the best interest of your children may be used to restrict your custody and visitation rights.

Some examples of what generally NOT to do with your new relationships during a contested custody battle include:

 

1.  Presenting new relationships to your children before the divorce is final.  This may confuse your children and it sets a bad example.

 

2.  Presenting multiple new relationships to your children.

 

3.  Moving your new lover into your home or vice versa.

 

4.  Dating someone that is unfit to be around your children.

 

5.  Having overnight guests of the opposite sex that are not family members when the children are in the home with you.

 

With that being said, the converse is true for the other spouse.  THINK TWICE before withholding visitation from your spouse just because they are in a new romantic relationship.  Generally, withholding visitation from your spouse is not in the best interest of the children.

Divorce is an emotional process, but when children are involved parents must put their own feelings to the side to do what is in the best interest of the children.

The above is for general information only and is not legal advice.  For your divorce or child custody consultation, contact Macon Divorce Attorney Selinda D. Handsford at 478-750-9006.

Handsford Law PC

Macon Divorce Attorney Selinda D. Handsford | shandsford@handsfordlaw.com | 743 Walnut Street, Suite 102, Macon, GA 31201

Co-Parenting: Creating New Traditions for Children of Divorce

Posted by Macon Divorce Attorney Selinda Handsford

The end of a marriage is a transition for any family with children whether the break up is amicable or hostile.  A major part of the transition is celebrating the holidays for the first time in separate households.  It is often a sudden realization that some family traditions may have to end or change.  As parents, it is imperative to work together to help ensure that the children have as smooth of a transition possible especially during times like the holidays.

1.   Communicate With Your Ex-Spouse

Keeping the lines of communication open with your ex-spouse regarding your children’s holiday is the best way to ensure that your children have the best holiday possible.  Communication may be made by various forms such as phone, text or email.  For some exes, communicating by text or email only works best for co-parenting and to reduce any tension between the two.

2.  Listen to Your Children

If your children voice their concerns or act out with regards to any angst over the holidays, pay attention and listen.  First LISTEN and then address their concerns in an age-appropriate manner and without demeaning the other parent in any manner.  It is important that you actively listen before speaking so that your children feel as though they have been heard.

3.  Let Your Children Enjoy Celebrating Holidays Twice

With a little creativity, your children can enjoy celebrating the holidays twice.  Once with Mom and once with Dad.  A standard visitation agreement typically will split the children’s Christmas break into two periods so that each parent may spend time with the children for Christmas.  The Thanksgiving holiday may be split during the week as well.  If your children will spend time with each of you, take advantage and highlight the joy of decorating two trees, receiving two sets of presents, and eating at two separate holiday meals with family and friends gathered.  Turn the holidays into a double festive celebration for the children as opposed to a reminder of the break-up of their parents.

The above is for general information only and is not legal advice.  For your divorce or child custody consultation, contact Macon Divorce Attorney Selinda Handsford at 478-750-9006 | shandsford@handsfordlaw.com | Handsford Law PC | 743 Walnut Street, Suite 102, Macon, GA 31201