FAQs

It’s always a good idea to consult with a lawyer when you’re going through a major life event or change, and a divorce is no different. An attorney will be able to apply the law to the facts of your case to ensure your best interests are protected.

The “best” attorney means the one that’s best for YOU. You want someone that is honest, transparent about the strengths AND weaknesses of your case, and willing to work your file as if it’s their own. If you don’t trust your lawyer to do that, they’re not the best lawyer for you.

A lot of cases started uncontested and move to contested when the parties can’t agree on one or more issues in the case. Whenever possible, I advise clients to do what they can to maintain an uncontested status. The benefits to an uncontested divorce are that you truly get a say-so in the case outcome, rather than handing your file over to a Judge and hoping for the best. However, not every case can or even should be handled as an uncontested matter. Oftentimes it takes expansive litigation to delve into all of the case issues and uncover the evidence you need to win. That’s when you want a skilled lawyer in your corner.

Georgia has 13 grounds for divorce, from adultery to cruel treatment, and the all-encompassing ground that most people claim, which is irreconcilable differences. The grounds on which you pursue a divorce are important, because some are taken into consideration when it comes to equitably dividing the marital estate or establishing an alimony claim.

An annulment is not just a “quick divorce”. An annulment voids the entire marriage based on various grounds, such as: bigamy, fraud, mental incapacity, etc. An annulment, if pled on grounds which can be proven, provides an avenue for the parties (and the Court) to make it as if the marriage never happened in the first place. There’s a heightened standard to achieve an annulment, so be sure to consult with an attorney before deciding whether you should pursue a divorce or an annulment.

Generally, spouses are free to divide their property (including assets AND debts) as they see fit in a Separation Agreement, which is how most divorces resolve. However, if the division of property cannot be settled, the Court must make the determination. This doesn’t affect separate, pre-marital property, so long as it was maintained separately throughout the marriage.

In dividing marital property, the Court divides things equitably. Equitable does not necessarily mean equal. Behavior of one or both parties in a divorce action can impact how the Court awards property. Other impacts can include the amount of separate property that each party has, each spouse’s earning capacity, homemaker status, duration of the marriage, age, and health of the parties.

If the parents cannot agree on custody of their child, the Court decides custody based on “the best interests of the child.” Determining the child’s best interests involves many factors, no one of which is the most important.

Custody involves two parts: legal custody and physical custody. Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care, religious upbringing, and extracurricular activities. Joint physical custody relates to the time spent with each parent. The amount of time is flexible and can range from every other weekend to a week-on-week-off arrangement between the parents’ homes.

Georgia bases child support on the income of each parent, lessened by certain expenses one parent may make on behalf of the child, such as daycare or healthcare. If a parent is intentionally not working or is working at less than he or she is capable of earning, the court can “impute” income, which means setting support based upon what the parent is capable of earning rather than actual earnings.

The Court has the power to hold a party in contempt for any violation of a court order, and that includes an order to pay child support. The party found in contempt must be allowed an opportunity to “purge” the contempt, meaning to comply with the order. If they don’t, they can be fined or even jailed. One short-pass around this is an automatic withholding of the obligor’s income, which your family law attorney can assist you in obtaining.

In the past, grandparents have had no rights to visit with a child over the parents’ objections. However, since 1965, all 50 states have enacted legislation to enable grandparents to petition the courts for visitation rights with their grandchildren. The laws do not make visitation rights automatic – they merely give grandparents the right to ask for a visitation order. There are various reasons upon which a grandparent can petition for visitation rights. Be sure to consult with your family law attorney to see if this is something that’s right for you.