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DIVORCE

Can I get a divorce for any reason?

No, there are 13 reasons that are valid for a divorce in Georgia:
     Adultery
     Conviction of certain crimes and imprisonment for two years or more
     Cruel treatment, either bodily or mental
     Duress, force, fraud, or menace in obtaining the marriage
     Habitual drug addition
     Habitual intoxication
     Impotency at the time of the marriage
     Incurable mental illness
     Intermarriage between related persons
     Irretrievably broken (no fault)
     Mental incapacity at the time of the marriage
     Pregnancy of the wife by a man other than the husband, at the time of the
       marriage, unknown by the husband
     Willful and continued desertion of either of the parties for the term of one year.

Once I file, how long does is take to get a divorce?

There is a mandatory 30 day waiting period from the time that the defendant acknowledges service, or is served with the divorce papers. 

If children are involved, how is child custody determined?

The court makes that determination based on what is in the best interest of the child. Call us at (770) 493-9586 or (770) 493-3570 for a free phone consultation as child custody is a very complex and technical area of the law, and every case is different.

How is child support determined?

 Georgia law now provides for an income sharing approach to determine child support.

Under the new law, codified as O.C.G.A. § 19-6-15, both the Mother’s and the Father’s incomes are now used to calculate support. In summary, the court now determines what is the annual gross income of both parties (or imputes what it believes said income should be based upon a parties education and work experience) and runs those numbers through a support calculator to determine the amount of child support a non-custodial parents should pay. For your use in evaluating child support, here is a link to the official  Georgia Child Support Calculator and Worksheets.

If you have ever started to use this calculator you will quickly find that determining each party’s annual gross income is not the end of the analysis for determining child support. In particular, O.C.G.A. 19-6-15(b)(8) has delineated eleven deviations that the court can take into account when calculating child support. These factors are:
 

High income
Low income
Health related insurance
Child and dependent care tax credit
Travel expenses
Alimony
Mortgage
Permanency plan or foster care plan
Extraordinary expenses
Parenting time
Nonspecific deviations.

It is the analysis of these deviation factors (and determining the appropriate gross income numbers of the parties) that are critical to a proper analysis of how much child support is owed in a particular case.

What facts are considered in awarding alimony?

In some cases, the trier of fact, which is the judge or jury, is authorized to award alimony to either spouse based on the needs of the spouse and the ability of the paying spouse. Circumstances are different in each divorce, you should contact us at (770) 493-9586 or (770) 493-3570 for a free phone consultation.

When dividing property, does it matter whose name is on the marital assets?

Primarily, no. All property acquired during the marriage may be divided, but to protect yourself and your assets, you should consult our office.