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Laws & Courts:
Georgia
law - state statutes searchable by keyword or code number. Supreme Court of Georgia
- court opinions, justice biographies, and various legal links from Georgia's
Supreme Court. Gwinnett County Judicial Court
- a central source of court information for the Gwinnett County judicial system.
Georgia Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Child Support Enforcement - fact sheet, information on the "Fatherhood Initiative Program", office locations and more. Division of Family & Children Services. - statistical information and fact sheet on Georgia's child support laws. From the Georgia Department of Human Resources.
Attorneys
Cordell and Cordell, P.C.
- dedicated to helping divorced and divorcing fathers maximize their role in their children's lives. Cordell and Cordell has built its reputation largely on a willingness to step on toes, to unapologetically challenge discrimination where encountered in the system, and to undertake bold and imaginative strategies to enhance its clients' chances of success. Men come to Cordell and Cordell because they want to feel that their interests and the interests of their children are aggressively championed.
Additional Resources:
State Bar of Georgia - consumer pamphlet
series and information on a pro-bono program are among the resources available. Georgia General Assembly
- official site of the Georgia legislative branch. Fathers Are Parents Too,
Inc. - coalition of Fathers, Mothers, Grandparents and others, working
to ensure the rights of children to have a loving, nurturing relationship with
both of their parents and their families. Children's Rights Council - national
nonprofit organization based in Washington, DC that works to assure children
meaningful and continuing contact with both their parents and extended family
regardless of the parents' marital status. For Georgia chapters, contact
Harry A. Prilliman at 678-643-5924. T.A.M.A. Investigations - full-service private detective agency licensed with the Secretary of State Office. Provides a $10/hour discount to DadsDivorce.com visitors.
Legal overview Divorce in Georgia requires that you have been resident for at least 180 days. There are many grounds upon which to obtain a divorce in Georgia, but almost all divorces are brought based on a "no-fault" divorce. Read our detailed legal summary of Georgia including grounds, residency, child custody, child support, alimony, property, settlement agreements, annulments, and legal separation.
Residency
One spouse must have lived in the State of Georgia for 6 months or Georgia must have been the last domicile of the marriage. Spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house if they are not sharing the same room and/or not having a sexual relationship. If there is agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant has been served with the Complaint for Divorce. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the Court, which can take many months.
Grounds
In Georgia there are thirteen grounds for divorce. One ground is "irretrievably broken" (sometimes referred to as the "no-fault" ground). The other twelve grounds for divorce in Georgia are "fault" grounds. To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.
To obtain a divorce on one of the twelve "fault" grounds, one must prove that there was some wrongdoing by one of the parties to the marriage. As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual. Another "fault" ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least a year.
Other "fault" grounds include mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness.
Property
One of the most difficult and complex areas of divorce is the division of marital property. Marital property is all property acquired during the marriage, except for that property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all property acquired during the marriage. The Judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.
Alimony
Alimony is payment by one spouse to the other for the other's support and maintenance. The court may grant alimony to either the husband or the wife. Alimony may be for a limited period of time or until the spouse receiving alimony dies or remarries. Alimony can be paid in one payment of money or property, or it may be paid over a period of time.
Child Support
In Georgia both parents are required to support their children until a child reaches the age of twenty (20), dies, graduates from high school, marries, is emancipated, or joins the military, whichever event occurs first. The noncustodial parent will be required to pay a reasonable amount of child support to the custodial parent towards the child's living expenses. Child support, in addition to a monthly or weekly sum, may also include such items as health insurance and payment of medical and dental expenses.
Child Support Guidelines went into effect on July 1, 1989. These guidelines establish an amount of child support as a percentage range of gross income of the noncustodial parent, based upon the number of children. For one child the percentage range is 17-23% of the gross income of the noncustodial parent; for two children, 23-28%; for three children, 25-32%; for four children, 29-35%; and for five or more children, 31-37%. The Court can deviate from the guidelines in allocating child support based on factors including the ages of the children, day care costs, education costs, amount of debt and obligations to another household.
The Court cannot order parents to pay for college. However, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.
Child Custody
The welfare of children is of major concern to the Court. Neither parent is automatically entitled to custody. The Judge looks at the best interests of the child in determining the proper parent to have custody. The Judge considers many factors when deciding custody. Those factors include the age and sex of the child, compatibility with each parent, and the ability of each parent to care for and nurture the child. A child over 14 years of age can choose which parent will have custody upon the consent of the Court. The Court considers it important for a child to maintain a relationship with both parents; therefore, visitation rights are awarded to the parent who is not given legal custody of the child.
The Court in its discretion can award joint custody instead of sole custody. There are two types of joint custody. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child; joint physical custody means that physical custody is shared by the parents in such a way to assure the child substantially equal time and contact with both parents. In awarding joint custody, the Court may order joint legal custody, joint physical custody, or both.
Legal Separation
A party who wishes to live apart permanently but who does not want to get a divorce may file a "Separate Maintenance" action. The spouses will remain legally married although living apart. The Court may order that alimony will be paid by one spouse to the other, but will not divide the property accumulated during the marriage.
Annulment
Unlike a divorce, which dissolves a valid marriage, an annulment is a legal decree that the marriage is now void and was invalid from its inception. If there are children born of the marriage, an annulment may not be granted, and the marriage may only be dissolved by divorce.
Settlement Agreement
Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property, and custody and visitation of children. The agreement is presented to the Court as a Settlement Agreement and, upon approval, made an order of the Court. The Court's order, called a Final Judgment and Decree, concludes the lawsuit. If however, the parties cannot reach an agreement, the issues will be resolved by the Judge or the jury. However, a judge always decides matters of child custody and visitation.
