Every divorce case must go through some kind of court proceeding. Even if both spouses agree about how to divide their property and handle custody, visitation, and support issues, a judge will still have to grant the divorce. In most states, divorce cases, contested and no-fault are handled by a special court generally called “family court,” “domestic relations court,” or “divorce court.” These courts generally deal with only family-related cases such as divorce, child custody and support... Read Full Story
A contested divorce is one where the spouses argue so much over property or child custody that they can’t come to an agreement, and instead take these issues to the judge to decide. The judge and court clerks will be the main players in a contested divorce case. In Georgia, the jury can’t decide custody or visitation, only financial issues. Most divorce trials are not long, drawn-out affairs like trials you may have seen on television. Many take a day or two, or even just a morning. A divorce... Read Full Story
In Georgia, you can argue that fault should be considered in setting spousal support. You can make this argument whether or not you filed for divorce on the basis of fault. If the higher-earning spouse committed adultery, was abusive, or is for some other reason at fault for the divorce, the support payment may be increased. If there’s only a certain amount of support that your errant spouse can afford, the court won’t order an unrealistically high payment. If you receive spousal support, you... Read Full Story
Georgia has strict residency requirements for divorce filings. You must live in Georgia for 6 months before you can obtain a divorce. If you live out of state, you may file against a Georgia resident. There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house. Having one spouse in the military affects: • where your divorce will be filed • how... Read Full Story
Divorce is stressful for all concerned parties. When there are children from the marriage, the stakes are higher. Both spouses must decide whether they will share custody of the children equally, or whether one parent will be the primary custodial parent. “Custody” includes physical custody - the right to have a child live with you and legal custody – the right to make decisions about the child’s welfare and education If you do not have physical custody of the children, you will generally be... Read Full Story
Spousal support is the right of one spouse to receive an award of money from the other spouse, on a temporary or permanent basis, whenever a court determines that the facts of that particular situation warrant it. Usually alimony is granted by the court only when a long term marriage ends. The other party must be able to pay alimony of the court is to award alimony to the other party. Alimony may also be grant short-term before a final divorce decree is awarded. If you receive spousal support... Read Full Story
An uncontested divorce is possibly the best form of divorce if you are seeking a divorce. An uncontested divorce is the least expensive kind of divorce you can get. A contested divorce is one where the spouses argue so much over property or child custody that they can’t come to an agreement, and instead take these issues to the judge to decide. The judge and court clerks will be the main players in a contested divorce case. In Georgia, the jury can’t decide custody or visitation, only... Read Full Story
Divorce is regulated by state law. The state of Georgia recognizes common law marriage if created before 1/1/97. Under common law marriage, couples who act like they are married, hold themselves out to the world as married, and intend to be married are considered legally married. Filing joint tax returns, referring to each other as “husband” and “wife,” and using the same last name are typical indicators of a common law marriage. If you live in Georgia and your marriage was created before 1/1... Read Full Story
There are three types of alimony: • Permanent alimony - the paying spouse continues till death or until the spouse receiving payments remarries. • Temporary alimony – the payments are made over a short interval of time so that the receiving spouse can stand alone once again. • Rehabilitative alimony – is paid to help a spouse with lesser employability or earning capacity becomes adjusted to a new post-marital life. The following factors will influence the determination of alimony in a divorce... Read Full Story
In Georgia, the court may look into all the circumstances of the parties, including but not limited to; the parental suitability of each parent, the needs of the child, the prior role of each parent, the wishes of the child, the location of the residences of each parent, and any agreement between the parents. If the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have... Read Full Story
