Family Law FAQs
For a marriage to be valid, you must be at least 16 years old, or if younger, have a parent’s consent. If a girl is pregnant, or both of the parties are the parents of a living child born out of wedlock, then they may get married, regardless of their age. The relationship must be proper, in the sense that the people cannot be related to each other. The final requirement is that any previous marriage is dissolved.
A prenuptial agreement that is well drafted can help you keep your property in the event of divorce.
You may change the prenuptial’s terms by adding an addendum that has been properly signed and witnessed, and it can become a part of the original agreement.
One or both spouses must live in Georgia for at least six months to get a divorce.
There are 13 grounds for filing for a divorce in Georgia. The most common is the no-fault divorce, which is the least contentious form. The remaining twelve grounds are “fault” grounds.
The one seeking divorce has to file a document in the correct Superior Court. This is called a “complaint” or “petition.” This document has information like current living arrangements, marital assets/debts, children of the marriage, and specific reasons for the divorce. This complaint will be served to the other spouse, or defendant, by a sheriff of the particular county, or that spouse can acknowledge service by signing a particular document in a notary public’s presence.
A temporary hearing may be requested by either spouse with issues like visitation, child custody, debts/possession of property, and alimony in order to resolve these on a temporary basis until final resolution.
No, abandonment is not a ground for divorce, but desertion is. Desertion is the willful and continued desertion by either of the parties for one year.
Under O.C.G.A. Section 19-4-1, an annulment may NOT be granted if children were or are to be born as a result of the marriage.
Cruel treatment is one of the 13 recognized grounds for divorce in the state of Georgia.
Cruel treatment, or the willful infliction of bodily or mental pain, upon the complaining party, justifies fear of danger to life, health or limb in a context of divorce.
Georgia marital property is acquired during and as a part of the marriage. A very common example is a house jointly bought by a husband and wife. Property that is owned individually before the marriage, such as bank accounts, is NOT considered marital property. Further, property acquired individually during the marriage is often not considered marital property. For example, if the husband receives a gift of sports equipment from a friend as a birthday present, or the wife inherits some family furniture from her parents while they are married, the property is often considered to be separate. If one is not careful, individual property can become marital property. For example, if the wife buys herself a car with her own money, but allows her husband to use the car for different situations, it might be “converted” into marital property by the court.
The court can order that a spouse leave the home and pay support before the finalization of a divorce. The courts may award temporary child custody, visitation rights, and order that support be paid. In some circumstances, they can order the party to vacate their marital residence during this period of time.
To file an appeal, you must request and be granted permission from the appellate court. You need a lawyer as soon as you have decided to challenge. Once a “change of conditions” occurs, either party may file a request that the amount be changed. The person must wait at least two years to file a modification request from the date of the last order on a previous request by the same person.
Alongside the criminal process of arrest and trial, there is a civil process as well. You may go to court and ask for an immediate restraining order. If granted, the defendant will receive notice of the order, together with a court date. During the court date, each side will present their side of the case and the courts will decide if the suit will be dismissed, or if the restraining order will be extended beyond the court date.