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Jody A. Miller, esq. Attorney At Law
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Atlanta Family Law Blog

Establishing paternity in Georgia

If you believe you have fathered a child in Georgia, but you or the child's mother are not completely sure the child is biologically yours, you may want to establish paternity to ensure you have certain legal rights to the child. Conversely, if paternity is yet to be established, you may find yourself forced to submit to testing if you are involved in a child support case.

Divorce and Social Security: What you need to know

If you are prepping for divorce, your mind may be pulled in a million different directions. You may be wondering how you will support yourself and how your children may be affected by the transition, and you may also be curious about how any Social Security benefits you may be entitled to could be affected. Your Social Security benefits play an important role in your retirement, so it is essential that anyone going through a divorce understand what the change in marital status may mean as far as repercussions.

Planning ahead during a same-sex divorce

Divorce is not easy for any couple. Marriage is supposed to be a lifelong commitment, and regardless of whether a divorce was your idea or your partner's, ending something you expected to be lifelong is sure to stir up strong emotions and inevitable challenges. Nowadays, many same-sex couples face additional challenges that many male-female couples looking to divorce do not. This is largely because there is very little precedent for same-sex divorce cases in states such as Georgia, where this type of marriage only became legal relatively recently. Inconsistent laws and a lack of prior cases to look back on means many same-sex couples find themselves tied up in lengthy legal battles, which can impact many areas of their lives.

Why same-sex couples should have a prenuptial agreement

They may not be especially romantic, but prenuptial agreements are becoming increasingly common in American society, and for good reason. While these legally binding agreements can benefit all couples if they divorce by simplifying the process and minimizing infighting, they may be of particular benefit to you if you are part of a same-sex couple, and here is why.

Helping children deal with two homes

If you are going through a divorce or considering a trial separation, you are probably worrying about how the transition may affect your children. While changes within the family unit can indeed prove difficult for your children, there are several steps you and your partner or ex-partner can make to help ease the transition and minimize the impact it has on the them. If your child must split time between two homes, the following list of ideas can soften the blow and ultimately help make both locations feel like home.

Why unmarried fathers should establish legitimation

Fathers who have children out of wedlock may assume that they have the right to be involved in their child's life. Unfortunately, this is not the case.

Unmarried mothers automatically have parental rights. However, men who father children out of wedlock do not have a legal right to see their child unless they go through a legal process known as legitimation.

Military TRICARE health insurance and divorce

One of the uncertainties of divorce for spouses of service members is the potential loss of military health coverage under TRICARE. While children of service members remain eligible for TRICARE until they are age 21 (or age 23 if in college), spouses lose eligibility the day of the divorce.

There are circumstances, however, when spouses can continue their TRICARE coverage. These are known as the 20-20-20 rule and the 20-20-15 rule.

Military pensions and divorce

One of the most significant benefits of military service is the military retirement system, which includes a pension starting the day the service member retires. Military pensions are also a significant issue when service members divorce.

Under a law known as the Uniformed Services Former Spouse Protection Act (USFSPA), spouses of service members are entitled to an equitable share of the pension the service member earned during the marriage. How the spouse receives his or her share of the pension depends something known as the "10/10 rule."

Same-sex couples and stepparent adoptions

With the recognition of same-sex marriage in Georgia, same-sex couples now have access to an adoption choice that was previously available only to heterosexual couples: stepparent adoptions.

In the past, same-sex couples in Georgia who wanted to adopt a partner's child were limited to second-parent adoptions. However, Georgia law does not have a provision for second-parent adoptions. Neither are second-parent adoptions prohibited. As a result, some judges granted second-parent adoptions and some did not.