Cherokee County Divorce Law Blog

Several years ago in this Cherokee County Divorce Law Blog we discussed the issue of pet custody. Pet custody disputes come up often in divorce and they are perhaps becoming more and more common. Many divorcing couples are still surprised, however, when they find out that there is no legal procedure to determine a pet's custody after divorce. Under Georgia law, pets are considered property and as such most family law judges will give no consideration to a pet custody dispute.

While this is actually the case in every state, a couple of states are now considering having animal advocates represent pets' interests in court. The practice has been designed for cases of animal abuse--such as the 2007 Michael Vick dog fighting case in which a guardian represented the interests of the dogs at trial--but lawmakers in Connecticut have considered involving animal advocates in pet custody disputes, too.

The real estate crisis of a few years ago continues to influence divorce decisions, particularly regarding property division. Before the crisis hit, it was often not that difficult for one of the partners to move out of the family home and get another house almost right away. Or the house could be sold fairly easily and the proceeds divided among the spouses.

Now, of course, this had changed radically. In Georgia and across the country, the family home is frequently more of a burden than a blessing when it comes to property values. Many couples face underwater mortgages that significantly complicate their plans for ending the financial portion of their partnership in a divorce settlement.

This question should have an easy answer, but families and family law are changing in today's world, and things are sometimes not as clear as they ought to be. Virtually all aspects of family law are determined by state law, and the laws differ widely on some things, especially those that are controversial.

As society changes, new questions come before our family courts and state legislatures. When state law isn't clear, courts look to analogous cases decided in the past for precedent. If there is no clear precedent in their own cases, courts turn to other states' cases for guidance and a sense of any building public consensus on the question.

That's why family law attorneys pay attention to rulings from other states' courts, and why we're discussing a recent case in Kansas that has been making national news.

Three years ago, a man says, he did a good deed by answering a Craigslist post asking for a sperm donor for a lesbian couple. He accepted no compensation, and the three signed an agreement relieving him of any parental rights or responsibilities. Nevertheless, the State of Kansas is now suing him for $6,000 in past child support and attempting to hold him accountable for future child support.

While the divorce rate for spouses under 50 has decreased since the 1980s, the divorce rate among older Americans has doubled. In fact, "gray divorces" seem to be a form of relief for many people over 50.

According to a study by researchers at Bowling Green State University, more than one in four married couples over 50 were divorce in 2009, compared with one in 10 in 1990. Those who had remarried were 150 percent more likely to divorce.

The reasons that older Americans have for divorcing are usually different from the younger generations. Usually, the couple has grown apart over the years and at least one of the spouses is not fulfilled in the marriage. Cheating is only a factor in fewer than 30 percent of gray divorces. Perhaps a spouse realizes that the children are the only family members who are content or finds financial independence through employment that would have prevented her from leaving in the past. Whatever the reason, people over 50 have likely given the divorce a lot of thought, and this thought carries through the divorce itself.