Divorce

A divorce is a legally recognized termination of a marriage. In Georgia, there are two kinds of divorce “uncontested” and “contested”. Simply put, an uncontested divorce is where the husband and wife agree to the divorce and all material issues regarding the division of marital assets and debts and any issues regarding the custody and support of children. A contested divorce is where the parties cannot agree on one or more these issues.

There are thirteen (13) grounds for divorce in the State of Georgia. However, the most frequently cited ground for divorce is that the marriage is irretreviably broken. This basically means that there is no hope of the parties continuing the marriage. Proof that one party is at fault is not required and this ground may be used in conjunction with other grounds such as adultery or cruel treatment.

In order to file for a divorce in Georgia, you must have been a resident of the State for at least six (6) months immediately preceding the filing of the divorce or if you are a nonresident your spouse must have been a resident of Georgia for at least six (6) months. It can take anywhere from several months to several years to have a divorce completed. The legal fees associated with the divorce and the time period that the divorce takes will depends on the complexity of the parties finances; custody and support issues regarding children; the number of unresolved issues between the parties; and, of course, the parties willingness to resolve these differences in an amicable manner.

• Marital Property Division

Georgia is an Equitable Division State as opposed to a Community Property State. The theory of equitable division allows the judge or jury to determine what division of marital property is “fair” as opposed to a Community Property state which attempts to divide all marital or community property 50/50. Factors that are taken into consideration in the division of marital property include:

1. Age and health of the parties;

2. Occupation, vocational skill and employability of a party;

3. Duration of the marriage;

4. Contribution or service to the family unit;

5. Debts, liabilities and needs of the party;

6. Amount and source of income of either party;

7. Separate Estate of each party;

8. Opportunity for future acquisition of assets and income;

9. Purpose and intent as it relates to the ownership of any item of property;

10. Economic circumstances at the present time; and

11. Conduct of the parties and causes of the separation .

• Spousal Support

Alimony is an award of money for the support of one spouse that has become economically dependent on the other spouse during the term of the marriage. Either spouse can be ordered to pay alimony to the other spouse (male or female) and the payments can be in the form of periodic payments or lump sum payments.

Whether or not alimony should be paid to one spouse by the other is often one of the more difficult issues to resolve in a divorce dispute. Often the question of whether to provide for alimony, how much to provide and for how long generates the most intense conflict during divorce negotiations. Also, because there are no real guidelines for judges to follow in awarding alimony, an attorney will have a difficult time giving clients any certainty on how much, if any alimony, would be awarded by a judge in any specific case.

That being said, there are a few general guidelines about alimony. Alimony awards are based upon the need of one spouse for financial support, and the ability of the other spouse to pay. Alimony is more likely to be an issue in a long term marriage where the earning capacity of one spouse is significantly lower than the earning capacity of the other.

Alimony awards are less likely in a short term marriage, or where both parties have relatively equal incomes and earning capacities. If alimony is awarded in the context of a short term or medium term marriage, it is more likely to be time limited.

• Divorce Mediation

• Post Divorce Litigation

• Child Custody

Child custody can be “sole”, “joint”, “joint legal”, “joint physical” or some combination. The court, in the exercise of sound discretion, may look into all the circumstances of the parties in determining what is in the best interest and welfare of the child or children. A court cannot abuse its discretion in awarding custody. The court will consider the age and gender of the child, whether there are siblings, the relationship with the parents and who has been the primary caretaker.

The parents may agree as to all issues of custody and the court must follow such agreement unless the court makes specific findings that the agreement is not in the best interest of the child.

When the child has reached 14 years of age the child may choose the parent with whom he desires to live. The child’s choice will be controlling unless the court determines such parent is not fit.

When the child is at least 11 but not 14, the court will consider the desires of the child but the child’s desires will not be controlling.

• Child Support

Child support is the right of a child and the obligation to pay child support is not excused because of the custodial parent’s failure to meet an obligation. The recommended guidelines for Georgia became effective October 1, 1987.

The child support is computed by multiplying the obligor’s gross income by a percentage base on the number of children that will receive the support. There must be special circumstances to justify an award different from the recommended guidelines.

The recommended guidelines will be changed effective January 1, 2007 and the new guidelines shall apply to all pending actions on or after January 1, 2007. Under the new guidelines, the formula and method will be changed. The income of the custodial parent as well as the income of the non-custodial parent will be considered. It is anticipated that the new law will mean less child support for certain groups.

• Guardianship

• Grandparent’s Rights

• Paternity

• Adoption

PROCESS OPTIONS

• Traditional

• Collaborative

• Mediation

• Litigation

• Limited Representation