Divorce

There are three (3) types of custody arrangements in Georgia: sole custody, joint legal custody and joint physical custody.

Child support is determined on a case by case basis.  The income of both parents is considered, and certain expenses of the child or children can be considered and designated as a deviation on the child support worksheet.  The calculation of child support can be complex.

Our attorneys possess the knowledge and experience to guide you finding the best custodial arrangements for your situation.

Georgia allows divorces to be filed pursuant to “no-fault” grounds as well as specific fault grounds. Our attorneys possess the knowledge and experience to determine the grounds for divorce in your case.

Georgia allows divorces to be filed pursuant to “no-fault” grounds. Our attorneys possess the knowledge and experience to determine the grounds for divorce in your case,

There are residency requirements in Georgia that must be met before a divorce can be filed in Georgia. Our attorneys possess the knowledge and experience to determine whether you or your spouse meet the residency requirement.

The person seeking the divorce (the plaintiff) will file a document called a “complaint” with the appropriate Superior Court. This complaint includes information on the marriage including present living arrangements, children of the marriage, assets and debts, and the specific reason claimed for seeking a divorce.

A complaint for divorce should be filed in the Superior Court of the defendant’s county of residence or, if the defendant has recently moved from the state of Georgia, in the county of the plaintiff’s residence. This would be considered the domicile of the marriage. Upon the defendant’s consent, the complaint may be filed in the plaintiff’s county of residence regardless of whether the defendant has moved from the state of Georgia or not.

The spouse who receives the complaint should promptly consult a lawyer. The spouse may contest the reason claimed for the divorce or contest the claims for child custody, child support, alimony or property division by filing an answer with the court. An answer should be filed within 30 days of the date of service.

A party who wishes to live apart permanently, but who does not want to get a divorce, may file a “separate maintenance” action. The spouses will remain legally married although living apart. The court may order that alimony be paid by one spouse to the other, and the court may divide property between the parties.

Unlike a divorce, which dissolves a valid marriage, an annulment is a legal decree that the marriage is now void and was invalid from its inception. If there are children born of the marriage, an annulment may not be granted, and the marriage may only be dissolved by divorce. The length of marriage is not a grounds for annulment.

Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property and custody and visitation of children. The agreement is presented to the court as a settlement agreement and, upon approval, made an order of the court. The court’s order, called a final judgment and decree, concludes the lawsuit. If, however, the parties cannot reach an agreement, the issues will be resolved by the judge or the jury. However, a judge always decides matters of child custody and visitation.

If there is an agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the defendant has been served with the complaint for divorce. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take many months.

Either of the spouses may request a temporary hearing. This hearing is not a final trial. A temporary hearing resolves the issues of child custody, visitation, alimony, debts and possession of property on a temporary basis until the final trial. The judge will issue a temporary order that applies only until the time of the final trial. The temporary order may also prohibit one party from interfering with the other party or the children and prevent the transfer and selling of assets.

Questions of child custody and visitation are decided by the judge. The judge alone or a 12-person jury (if one of the parties has requested) will resolve all of the financial issues of the marriage, such as division of property, division of debts, alimony and child support. (In some Courts, child support must be determined by a Child Support Guardian ad Litem appointed by the Court.) At the final trial, both spouses present evidence by their own testimony and may call other witnesses. The decision rendered by a judge or jury is written into a court order that is binding upon both parties. The wife’s maiden or former name can be re-established if she so desires.

Child support is determined on a case by case basis.  The income of both parents is considered, and certain expenses of the child or children can be considered and designated as a deviation on the child support worksheet.  The calculation of child support can be complex.

Our attorneys possess the knowledge and experience to assist you in determining the child support obligations of you and/or your spouse.

Alimony is payment by one spouse to the other for the other’s support and maintenance. The court may grant alimony to either the husband or the wife. Alimony may be for a limited period of time or until the spouse receiving alimony dies or remarries. Alimony can be paid in one payment of money or property, or it may be paid over a period of time.

One of the most difficult and complex areas of divorce is the division of marital property. Marital property is all property acquired during the marriage, except for that property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.

The court order can be enforced by garnishment or a contempt action. A contempt action is filed in the same court that issued the divorce. In addition, child support orders can be enforced through the Office of Child Support Services.

Yes. A lawyer will ensure that all matters that should be resolved in a divorce are resolved and included properly in your Order. Acting without a lawyer could end up being a costly mistake both to the parties and to their children. If you and your spouse are in agreement, you may use one lawyer to prepare and file your divorce.