Georgia Divorce Recovery

Child Support - Who Pays, How Much And When

Child support in this state is determined by a mathematical formula. It's a "one size fits all" approach to divorce. Family Courts establish the correct amount of support, which you can get using a child support calculator. Should there be requests to deviate from state support guidelines, the court can make adjustments to the standard, and will issue findings as to why it deviated. In considering support, the family court will consider the following:

• The ages of your child,
• Educational costs,
• A child's extraordinary medical costs,
• Day-care costs,
• Shared physical custody arrangements,
• A party's support obligation to another household,
• Income that a party may have that is suppressed,
• Self-employed income,
• A party's own extraordinary expenses,
• Extreme economic circumstances,
• The history of spending in the family for children,
• Cost of living factors,
• Any other factor the court deems to be required by the ends of justice.

Divorce laws provide that in cases where a marriage annulment is sought and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

Monetary child support can be assigned to one or both parties (either party can be forced to pay). The Georgia Department of Human Resources, Office of Child Support Services (OCSS) helps children by enforcing parental responsibility to pay financial support. All resident families have access to OCSS services, which include assistance with locating non-custodial parents, confirming paternity, establishing and enforcing child support and medical support orders, and collecting and distributing payments. OCSS also provides the Georgia Fatherhood Services Network and the Access and Visitation Program, both devoted to increasing non-custodial parent involvement in a child’s life.

Adjustments to child support amounts must be applied for to the court, where the burden of proof to justify the adjustment falls to the parent requesting the judgment.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle?  Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

More on child support

[Based on Georgia Statutes 19-5-12]

Child Custody

In all cases in which a divorce is granted, the party not in default will be entitled to the custody of the minor children of the marriage. In cases where a divorce is granted, a divorce is pending, or a change in custody of a minor child is sought, the court may consider all the circumstances of the parties and make a ruling that could place children of divorced parents with either parent or to guardians appointed by the court.

The various types of child custody defined

• Joint custody means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court may order joint legal custody without ordering joint physical custody.
• Joint legal custody means both parents have equal parental rights and responsibilities for major decisions concerning the child, including the child´s education, health care, and religious training; provided, however, that the court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
• Joint physical custody means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents.
• Sole custody means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the parental rights and responsibilities for major decisions concerning the child, including the child´s education, health care, and religious training, and the noncustodial parent shall have the parental right to visitation. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights.

Parents are required by law to submit a Georgia Parenting Plan, Child Custody Schedule and/or a Visitation Schedule [19-9-5]. Should you and your spouse not be unsuccessful in drawing up a plan, the Family Court will be prepared to intervene and impose its own plans and schedules. The court’s custody schedule may not be to your liking, so it makes sense to strike an agreement with your spouse first, and the take the agreement with you to court.

Best interests of the child prevails in all court considerations, which includes child custody. The court will consider evidence of family violence in its rulings. Any relocation of the home that results from domestic violence is considered self-preservation and not any form of abandonment. Family violence not fully documented will be admissible. Supervised visitation can be ordered if facts warrant such a condition. Children reaching the age of fourteen have the right to select which parent they wish to live with. These wishes will be granted unless the selected parent is found to be unfit to carry out the responsibilities of custody. Those children age 11 or greater will have a voice in choosing which parent they wish to live with, but these wishes are not binding to child custody rulings until they reach age 14.

Legal custodian. You either is or you ain't

A person who has not been awarded custody of a child by court order will not be considered as the legal custodian while exercising visitation rights. Where custody of a child is shared by two or more persons or where the time of visitation exceeds the time of custody, that person who has the majority of time of custody or visitation will be the legal custodian.

You can request a change of custody terms once every two years

After your divorce is complete, visitation schedules can be modified by a motion to the court, but cannot be considered unless two years have passed since any previous child custody ruling has occurred (in other words, no custody changes until two years have passed after the divorce date, and subsequent requests for modification cannot be entertained by the court until two years have passed since the last modification).

 

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

Material changes in circumstances need to be demonstrated with your petition for a change in child custody.

Guidelines require that the custodial parent notify the non-custodial parent in writing when a change of address has occurred.

Should there be others granted visitation (grandparents or others), the custodial parent must also provide a written change of address to them. A 30 day notice is the law.

Reduce arguments with an on-line Parenting Plan

The most efficient way to put together a parenting plan and not overlook any detail is to first gather your data using parenting plan worksheets found at About.com. They are free to download. Before completing these forms, arrange for an account with Parenting Time™, the on-line parenting plan software described above. Review its features and then complete the worksheet forms. Once finished with the worksheet forms, transfer all data into the parenting plan software. You can print the plan after its completion, and use it to complete your initial filing with the court.

With the on-line plan, you avoid the need to print the plan each time a detail changes. Both you and the ex can view changes, the overall plan and the forward calendar. It is also possible to track activities, expenses and percentage of time with each parent. Ask anyone who didn’t use an on-line parenting plan and they’ll tell you they wish they had.

Download Georgia Divorce Forms
More on child custody

[Based on Georgia Statutes 19-9-1 and 19-9-3]

Marriage Annulment - Marital Annulment

Unlike a divorce, which dissolves a valid marriage, a marriage annulment is a legal decree that the marriage is now void and was invalid from its inception. An annulment may be granted if one or more of the following conditions were present:

• you were fraudulently induced to enter into the marriage,
• your spouse was married to another living spouse at the time you entered into the marriage,
• you were forced to enter into the marriage,
• you were under the age of 16 when you entered into your marriage,
• you did not have the mental capacity to enter into a contract, or
• you married a blood relative too closely related to you, such as parent/child, stepchild; grandparent/grandchild; aunt/nephew; uncle/niece relationships.
• In the case of a marital annulment, it must be petitioned for like a divorce, and grounds proven to the court. 

Annulment of marriages that get declared void may be granted by the superior court except in instances where children are born or are to be born as a result of the marriage. [19-4-1]

 

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle?  Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

 

Download your Georgia annulment forms $19.95 here

More on marriage annulments

[Based on Georgia Statutes 19-4-1]

How to file for a no fault divorce in Georgia

The no-fault option for divorces in Georgia is referred to as irretrievably broken. Only one of you believing the marriage is broken is needed for a divorce to proceed. Filing irretrievably broken relieves you of providing proof of any wrongdoing. You must both consider yourselves separated however, which in Georgia means you can both live under one roof but live separate lives (not sharing a room) and not engage in sex. Residency requires that you have lived in the state for at least 6 months.

The filing process

You must file a Complaint for Divorce with the Superior Court in the county that your spouse resides in. Your complaint will include information on your marriage, your present living arrangements, any children from the marriage, details on assets and debt and the grounds by which you request the divorce (presumably irretrievably broken). A copy of the complaint must be served on your spouse by the Sheriff unless your spouse chooses to acknowledge receipt by law. Your spouse can consent to have the proceedings held in your county whether they are a resident of Georgia or not.

To avoid a default judgment (and lose his or her say in the matter), your spouse must answer the petition in writing.

The forms you will need to complete your divorce will be determined by your personal situation. It is best to get a full packet of forms and review each form to determine which forms will be required for your divorce. To begin your forms process, download a Georgia Divorce Forms Packet now. Georgia does not provide on-line divorce forms.

After you have filed, you must have your spouse served with a copy of the petition (complaint). Your spouse must provide an answer (agree/disagree) to the contents of the complaint, which will specify claims for dividing marital assets and debt, spousal support (alimony), child custody and child support. Disagreement stated in your spouse’s reply will be settled at a temporary hearing. At this hearing, your spouse may request a different child support amount, visitation schedule or any other detail in dispute. The judge will provide a resolution with a temporary ruling.

If you both are in agreement, a Divorce Settlement Agreement must be filed, covering the above stated issues (assets, debts, children, visitation, etc.). There are cookie-cutter settlement agreements all over the web. We would caution you to not use a simple or basic one, as some details important to you may get overlooked. The Georgia Divorce Forms Packet described above will provide a detailed agreement for your use.

Get the Parenting Plan done right away

A Georgia Parenting Plan is required of parents in a divorce. Don’t overlook the importance of this document, as it will be the agreement you will have to live with until your kids become adults. We suggest getting parenting plan worksheets from About.com. They are free. Once they are completed and you have gathered the data, you have a choice.

1. You can search around the web for a free parenting plan template and transfer the data to that form, print it and submit it to the court, OR
2. You can sign up with an easy to use on-line parenting plan software program. We recommend the on-line Parenting Plan template.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle?  Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Maintaining the parenting plan on-line allows for easy changes to schedules as you and your children’s activities change with time. There is a calendar that can be updated with future schedules and activities, you can track time the kids spend with each parent, track expenses, and you can print it out for the initial divorce filing or any future modification request. Not keeping it on-line opens the door to ‘forgetfulness’, disputes about agreed-to future activities or disputed past visitation. We know one couple who agreed that unless an activity shows on the on-line calendar, it hasn’t been agreed to, and if it hasn’t been agreed to, it ain’t happening.

If your Settlement Agreement submitted by you both meets with court approval, a divorce decree can be issued in short order. If disagreements remain, a judge (or a jury trial) will resolve the disputes, and you will be divorced.

*Save a trip to the courthouse and download your Georgia Divorce Forms packet now.

See our discussion on Do-It-Yourself Divorce

Legal Separation - Marital Separation

A Legal Separation is a legal process where a party to a marriage petitions the court to decree that it never existed. The legal separation will require a separation agreement, resolving all issues surrounding the marriage save its status as a marriage. Those issues include custody of any minor child, financial support of child and/or the dependent spouse, and a plan for dividing the marital assets.

Applicants seeking legal separation often do so for religious reasons (to avoid the stigma of divorce) or to preserve health care or insurance coverage. The status of legal separation makes the parties effectively single and able to separate any and all financial dealings from the other. Either may petition the court to 'convert' the separation to a dissolution (divorce). How to file for separation is similar to how to file for divorce, in that the divorce papers are similar. To get it under way, see our divorce forms section, download a complete packet, then call your local county clerk's office for directions on where to bring the completed forms.

More on Legal Separations

[Based on Georgia Statutes 61.10]

Divorce Settlement - Dividing Property

You and your spouse are afforded the opportunity to fashion a divorce settlement of your marital assets and liabilities. If you are not able to reach a divorce settlement (or agreement), the court will make the division, and in doing so, will do it consistent with Florida being an 'equitable distribution' state. The court will distribute the marital assets and liabilities of the parties in an equitable and just way, although the marital assets may not be equally divided.

All property determined to be non-marital will be removed and distributed prior to a determination of marital property. What you came into the marriage will essentially be what you leave it with, along with an equitable distribution of those assets you helped to accumulate.

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too.

His stuff, her stuff and the stuff that gets divided

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried that property you brought into the marriage may be part of a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a 'marital asset', meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce. 

You cannot dispose of property

Once a petition for divorce has been filed, neither party may dispose of any property unless it is a transfer in payment of preexisting debts, nor transfer title until the final verdict of the jury in the case. This includes draining bank accounts or hiding assets. Judges get ugly when shown proof of a litigant removing a joint asset.

More on dividing property

[Based on Georgia Statutes 19-3-9]

Alimony - Spousal Support - Maintenance

Alimony can be ordered to be paid from one party to the other, and is intended to support the other party when living separately. It can be temporary or permanent. Alimony will not be granted if it is found that the petitioning party's actions through adultery or desertion are the basis for the filing. Alimony (it is also referred to as spousal support or maintenance) can be considered when either party dies prior to an alimony ruling, and will apply to the decedent's estate. State law mandates that neither party make material changes to their estates pending a final determination of alimony (don't sell stuff and do not try to hide assets).

The following will be considered in determining the amount of alimony, if any, to be awarded:

• The standard of living established during the marriage,
• The duration of the marriage,
• The age and the physical and emotional condition of both parties,
• The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment,
• The financial resources of each party,
• The contribution of each party to the marriage,
• The condition of the parties ( the separate estate, earning capacity, and fixed liabilities of the parties ),
• Such other relevant factors as the court deems equitable and proper,
• Permanent alimony will terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle?  Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

We all worry about things we can't change or are uncertain about. Read and find your anxiety drop like a stone.

You may realize that we all need some help processing all this angst. This site has a Divorce Bookstore sponsored by Amazon.com, where you can find affordable books on parenting time, kids and divorce, shared custody, parental rights, custody battles, joint custody, co-parenting, child visitation, how to be divorced, life after a separation and just about every consideration pertaining to being divorced. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

[Based on Georgia Statutes 19-6-1 and 19-6-5]

 

Visitation

In all cases in which a divorce is granted, the party not in default will be entitled to the custody of the minor children of the marriage. In cases where a divorce is granted, a divorce is pending, or a change in custody of a minor child is sought, the court may consider all the circumstances of the parties and make a ruling that could place children of the marriage with guardians appointed by the court. Parents are required by law to submit a Georgia Parenting Plan, Child Custody Schedule and/or a Visitation Schedule. Should that effort be unsuccessful, the Family Court will be prepared to intervene and impose its own plans and schedules. The court’s custody schedule may not be to your liking, so it makes sense to strike an agreement with your spouse first, and the take the agreement with you to court. 

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

Best interests of the child prevails in all considerations, which includes child custody. The court will consider evidence of family violence in its rulings. Any relocation that results from domestic violence is considered self-preservation and not any form of abandonment. Family violence not fully document will be admissible. Supervised visitation can be ordered if facts warrant such a condition. Children reaching the age of 14 have the right to select which parent they wish to live with. These wishes will be granted unless the selected parent is found to be unfit to carry out the responsibilities of custody. Those children age 11 or greater will have a voice in which choosing which parent they wish to live with, but these wishes are not binding to child custody rulings until they reach age 14.

Temporary child custody can be awarded for up to six months in cases where the court determines it is justifiable. Visitation can be modified by a motion to the court, and cannot be considered unless two years have passed since any previous child custody ruling has occurred.

Material changes in circumstances do not need to be demonstrated to petitions for a change in child custody. Guidelines require that the custodial parent notify the non-custodial parent in writing when a change of address has occurred. Should there be others granted visitation (grandparents or others), the custodial parent must also provide a written change of address to them. A 30 day notice is the law.

This is not rocket science. Develop an on-line Parenting Plan so that the ex and the kids know what to expect.

The most efficient way to put together a parenting plan and not overlook any detail is to first gather your data using parenting plan worksheets found at About.com. They are free to download. Before completing these forms, arrange for an account with CustodyXChange™, the on-line parenting plan software described above. Review its features and then complete the worksheet forms. Once finished with the worksheet forms, transfer all data into the parenting plan software. You can print the plan after its completion, and use it to complete your initial filing with the court.

With the on-line plan, you avoid the need to print the plan each time a detail changes. Both you and the ex can view changes, the overall plan and the forward calendar. It is also possible to track activities, expenses and percentage of time with each parent. Ask anyone who didn’t use an on-line parenting plan and they’ll tell you they wish they had. 

[Based on Georgia Statutes 9-3-a-2 and 19-9-3-a-3]

Grounds For Divorce

The following grounds for divorce are sufficient to authorize the granting of a total divorce:

• Marrying blood relatives (see the statute),
• Mental incapacity at the time of the marriage,
• Impotency at the time of the marriage,
• Force or fraud in obtaining the marriage,
• Pregnancy by a man other than the husband, at the time of the marriage, unknown to the husband,
• Adultery in either of the parties after marriage,
• Desertion by either of the parties for the term of one year,
• Moral turpitude, and imprisoned for two years or longer,
• Habitual intoxication,
• Cruel treatment,
• Incurable mental illness,
• Habitual drug addiction,
• The marriage is irretrievably broken.  (traditional no-fault)

Sex with the ex can re-set the divorce time line

The court will deny a divorce if it finds evidence that the parties have consented to any activity which would be grounds for divorce. Cohabitation following any divorce filing would qualify as grounds for divorce and would prohibit a dissolution of marriage.

The court can grant a divorce to the respondent without necessity of counterclaim

A respondent may file a counterclaim against the petitioner in a divorce filing, and at trial, if the court finds for the respondent, the court can grant the respondent's counterclaim and his or her requests in the response. [19-5-6]

[Based on Georgia Statutes 19-5-3]

You Must Be A Resident Of This State

Petitions for divorce (dissolution of marriage) must be filed by those persons who have established residency in Georgia. This simply means that in order to have a petition accepted, you have to be a resident of Georgia for at least six months prior to the filing. Military personnel who were Georgia residents and have been deployed elsewhere are considered Georgia residents during the time away from Georgia.

 

[Based on Georgia Statutes 19-5-3]

Mediation - Using A Mediator To Resolve Differences

The Georgia court may, at its own discretion, order the parties to alternative dispute resolution (mediation), as provided for by state law. Simply stated, the court can decide if one or more contested issues are better served with mediation as a prelude to the court's ruling on the issue(s). Mediation can often shorten the divorce process, and reduce the wrangling that increases costs to the process. Marriage counseling can be a part of this process if it appears it will be constructive.

We strongly recommend mediation (and/or) counseling to resolve contested issues. 

 

[Based on Georgia Statutes 19-5-1]

Grandparents Visitation Rights

Grandparents have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state will have before it any question concerning the custody of a minor child [19-7-3(b)].

Such a petition will be considered if the parents of any minor children are separated, and the child is living with one of the two parents. Grandparents may initiate an action for visitation as long as the child is a resident of this state. If the family unit is intact, no grandparents visitation rights will be granted. That isn't to say it is impossible for grandparents to win visitation, it simply means that you'll have an uphill fight if one or both parents of an intact family are against your visitation requests.

Best interests of the child govern. To amend previously granted visitation rights to grandparents, the parent or legal guardian must show cause, and may not petition the court more frequently than once every two years. 

 

 

 

[Based on Georgia Statutes 19-9-3]

Waiting Period

In cases of irretrievable breakdown of the marriage, the state requires a waiting period of 20 days from the date of service upon the respondent. No waiting period exists for remarriage after a dissolution becomes final. 

 

 

 

[Based on Georgia Statutes 61.19 and 61.043]