“Gray divorce” is a term describing divorces for spouses who are older, likely no longer have children in the home, and face a different set of issues than those faced by couples earlier in their lives and marriages. 

One primary area where gray divorces may be different from other divorces is the former marital residence. Older divorcing parties may own the residence outright – in other words, without a mortgage. This situation has opportunities and challenges. Without a mortgage, there is no need to refinance or qualify for a home loan, which can give the parties more freedom when negotiating. On the other hand, the parties will have a significant amount of equity in the residence, and both parties will likely have a right to a share of that equity. If one party wants to buy the other one out, then there will need to be a plan for achieving that, by getting a home equity line of credit or liquidating some other investment.

There is also an opportunity to be creative with the family home. For example, if there was an intent to leave the real estate to the parties' children, the parties could use the divorce to transfer that real estate, retaining a life estate, or the parties could establish a trust to hold the real estate for their benefit and their children's benefit.

Also, the parties may use the divorce as an opportunity to downsize their residence. We may assist the parties in agreeing to sell the real estate and divide the proceeds in a way that gives both parties the ability to buy smaller residences outright, so they can move into the next chapter of their lives without a mortgage.

Part of the divorce process involves valuing and dividing the marital assets of the parties. Some assets are easy to value. For example, statements can show the current balance of bank accounts, 401(k) plans, and IRAs. On the other hand, pensions, businesses, real estate, and collectibles often require appraisal. We work with forensic accountants, real estate appraisers, and other experts to establish reliable values for all assets.

Once the marital assets are identified and valued, we can work on dividing them. We advocate for our clients to receive a balance of different types of assets – cash, real estate, retirement investments, etc. Each client's individual needs will guide what mix of assets will best serve them.

Under Georgia law, divorcing spouses are to receive an equitable share of the marital assets. While ‘equitable’ does not necessary mean an exactly equal or 50/50 split, it does entail a fair and balanced division of assets for each party. 

Under certain circumstances, non-parents can go to court to get custody or visitation from parents. Your rights depend upon your relationship to the child, the type of relief you are seeking, and the facts of the case. In this context, custody means having "the rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training." On the other hand, visitation is more limited and means having the right to be with the child for a defined period of time.

If the parents are separated, or if the child is not living with the parents, then a grandparent can file a case asking for visitation. Also, if there is already a case going on concerning custody or visitation of the child, then a grandparent, great-grandparent, aunt, or uncle can file a motion in that case asking for visitation. To award visitation, a court will have to find "by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted." 

Grandparents can only file an action for visitation rights once in any two-year period. So, it is imperative to file the case the right way the first time.

Finally, the Court may award custody to any individual who qualifies as an equitable caregiver. An equitable caregiver must meet a list of qualifications, including that he or she has "fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life" and "established a bonded and dependent relationship with the child, which relationship was fostered or supported by a parent of the child." This can include grandparents, former step-parents, or anyone else who fills that role in a child’s life. However, the equitable caregiver cannot file an action if "both parents of the minor child are not separated, and the child is living with both parents." 

These cases tend to be complex, and different legal standards may apply. Therefore, it is important to seek the advice of an experienced attorney.