Adoption
Despite the satisfaction and joy of receiving an adopted child, there may be many hurdles and legal complications for the family to confront. An attorney can guide you through the adoption and ensure a smoother legal process.
Alimony and Spousal Maintenance
Alimony is the obligation to provide spousal support after separation or divorce. Alimony can exist for a certain period of time or until the spouse remarries or dies. It can also be paid in a lump sum. Factors used to consider alimony include the marriage’s length, each party’s health, assets each party owns, and contributions of each party to child raising, homemaking and career building.
Child Custody, Visitation and Support
Under most circumstances, shared custody is awarded by the court system. Child custody is decided by a judge who considers the sex and age of the child, and the ability of each parent to care for that child. Ages 14 and up may normally choose which parent to live with. Ages 11-13 may speak to the judge, but the judge does not have to follow the child’s wishes.
Joint legal custody is where both parents have equal responsibilities for major decisions regarding the child. Joint physical custody is where there is equal time/contact with both parents. The court can award both, or either one. The parties should try to agree, or the court will have to decide who has the right to make the decisions.
Contempt
Contempt is the purposeful violation of a court order. Failure to pay support payments, or not following custody/visitation orders are examples of contempt. The person can be punished by having to pay a fine and/or serving up to twenty days in jail for each violation.
Contested Divorce
Contested divorce needs to show some form of “fault” or misconduct by one of the parties. One example is adultery, either in the form of heterosexual or homosexual relations between the spouse and another person. Other examples are mental incapacity during the marriage, desertion, fraud in obtaining the marriage, imprisonment/conviction for certain crimes, cruel mental or physical treatment, drug addiction/intoxication, or impotency at the time of marriage. It is not necessarily advantageous to establish a “fault” divorce.
Divorce and Separate Maintenance Proceedings
A legal separation is when a couple no longer is having marital relations. To file for divorce, you must be in a state of separation. “Separate maintenance” refers to a Georgia lawsuit that addresses issues in a divorce case aside from the actual granting of a divorce. Separate maintenance is sometimes granted for reasons like moral or religious opposition [to divorce], or even for the client’s legal benefit like social security or insurance.
Will a judge or jury decide my case?
In a situation where both parties cannot resolve their issues, a judge will resolve financial issues like alimony, child support, property division, and debt division. The final decision is written into a court order that is binding.
Domestic and Family Violence
If a person has touched you, intending harm or intimidation and restraint to your body, you should report it to the police. Victims of domestic violence can get a temporary restraining order, and the courts can decide custody and child support issues, etc. There are also people wrongfully accused of such violence, and the lawyer’s job is to strip away the emotionalism of the issue, and get down to the facts.
Stalking, with the definition of continually following, calling, or harassing someone for the purpose of intimidation, is a crime, and it can be the basis of relief in a family violence case.
Cruel treatment is one of the 13 grounds for divorce in Georgia. It consists of intentional infliction of bodily or mental pain upon the plaintiff.
Domestic violence is a pattern of abusive behaviors by either one or both partners in an intimate relationship, such as through marriage, dating, cohabitation, friends, or family. Depending on the severity and duration of the violence, it may or may not be constituted as a crime. For those who are wrongfully accused, your defense attorney can fight false allegations. For those in dangerous situations, as a victim of the violence, your attorney can help you get a temporary restraining order issued by the courts. Custody and child support, possession of the family home, and alimony can be decided upon by the court system.
Father's / Grandparetnt's Rights
Fathers are becoming more recognized and accepted in the court system as equal partners for parenting and support of children. A father often needs support, and has the right to visitation and custody.
Grandparent’s rights to custody and availability to children are increasing in familiarity in the Georgia court system. An attorney will work to hear the grandparent’s story and fight for their rights.
Mediation
Mediation can help keep a family unit from further deterioration. It can also save thousands of dollars in legal fees. Obstacles to mediation include a lack of preparation by one or both sides; unrealistic expectations; and lack of commitment by a party; inability to make a decision; positional bargaining; and a mentally ill participant. It is very important to have all your records and information at hand so intelligent decisions can be made. Figuring out your own personal goals is also crucial. It is difficult coming to an agreement when the clients’ expectations are out of proportion. It’s important to remember that there are costs to not settling. Both parties need to compromise long enough to settle. Both also need to take the process seriously.
Approaching the situation as if it is a business deal allows for a quicker decision-making process. Not every decision will be a joyful one for each participant. It is necessary for each party to determine a middle ground for a target. Some people want a percentage of the property, regardless of what their needs are. For example, many husbands will insist on a 50-50 split and some wives will choose a starting point of 65% or 70% of the assets. It is ideal for the parties to negotiate so the results are beneficial to both. In regards to a mentally ill client, the person may need medications and extra support so the settlement can be reached.
Modification of Child Support and Alimony
Modification of Child Support can be filed if a previous Modification of Child Support action was brought out by the same party within two years.
Paternity and Legitimation
Paternity awareness determines that the natural father of the child must pay support. Legitimation establishes the father’s RIGHT to custody and time to parent. A lawyer helps through each of these processes.
Pre-Nuptial and Post Nuptial Agreements
Upon divorcing a spouse, normally the property you acquired during the marriage will be equally divided. An attorney can assist in the division of marital property and inform you of your legal rights.
Property Division
Upon divorcing a spouse, normally the property you acquired during the marriage will be equally divided. An attorney can assist in the division of marital property and inform you of your legal rights.
Restraining and Protective Orders
Victims of violence have the right to file for a restraining order against their abuser. Restraining orders are legal injunctions issued due to harassment, stalking, domestic violence, sexual assault, etc. The abuser is not allowed to contact the victim at their home, work, school, etc., including contact by phone, mail, fax, email, or gifts.
Uncontested Divorce
A broken marriage is proven when one of the parties can prove that the marriage is over, through sworn testimony, even when there are no evident “fault” grounds.
Family Law FAQs
Frequently asked questions related to family law matters.
What makes a marriage valid?
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.
I alread have a house and property and I want to protect it. Will a Prenuptial Agreement help?
A prenuptial agreement that is well drafted can help you keep your property in the event of divorce.
Even if my spouse and I have a Prenuptial Agreement, can we change the terms later?
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.
Do I need to live in the state of Georgia to get a divorce here?
One or both spouses must live in Georgia for at least six months to get a divorce.
What grounds do I need for 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.
How do I actually file for a divorce?
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.
Can I get the court to help me immediately?
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.
Is Abandonment a ground for divorce?
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.
Can I get an annulment if we have had a child together during the marriage?
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.
Is cruel treatment a ground for divorce?
Cruel treatment is one of the 13 recognized grounds for divorce in the state of Georgia.
What is the definition of cruel treatment in the divorce context?
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.
What is considered joint marital property, versus individual property?
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.
Can the court order that my spouse leave the home and pay support before the divorce is finalized?
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.
The court ordered my ex-husband to pay child support to me, but I think the amount is too low. Can I file an appeal?
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.