DIVORCE:
Georgia is a no fault divorce state. What that means is that if one party wants a divorce, the other party cannot object, and a divorce will be granted. The most common grounds for divorce are: the marriage is irretrievably broken (no fault), adultery, abandonment, mental or physical abuse and habitual drug or alcohol addiction.
In order to file for a divorce in Georgia, the party filing for divorce (Plaintiff) must be a resident of Georgia for six months prior to filing the action for Divorce. Divorce actions are usually filed in the county in which the Defendant (person against whom the divorce is filed) resides.
CHILD CUSTODY
The most important factor in a child custody is what is in the child's best interest.
There are two issues to be determined in a child custody action:
Legal Custody:
- Sole legal custody:
The party awarded of a sole legal custody of the child shall have the rights and responsibilities for major decisions concerning the child, including education, health care and religious training. The non custodial parent shall have the right to visitation.
- Joint Legal Custody:
Joint legal custody means both parents have equal rights and responsibilities for major decisions concerning the child, including education, health care, and religious training. However, the courts may designate one parent to have sole power (final decision making authority) to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
Physical Custody:
- Sole Physical Custody: (Primary Custodial Parent)
One parent is generally designated the primary custodial parent, (the parent which the child will spend the majority of time). The other parent will be awarded visitation with the child.
- Joint Physical Custody:
Physical custody is shared by the parties in such a way as to assure the child of substantially equal time and contact with both parents.
CHILD SUPPORT
Georgia has established and enacted guidelines for determining the amount of child support that the non-custodial parent will have to pay for the support and maintenance of the minor child.
A parent's child support obligation as a general rule will continue until the child reaches the age of majority (18) or is emancipated, whichever; occurs first.
The following guidelines for child support are based on the parents Gross Income (Before taxes).
These are only guidelines, and in order to vary from the above guidelines, there must be evidence presented which warrants a deviation from the standard guidelines:
The following is a list of special circumstances which may warrant a deviation from the guidelines which include, but are not limited to:
- Ages of the children;
- A child's extraordinary medical costs or needs in addition to accident and sickness insurance, and all such costs or need will be considered if no insurance is available;
- Educational costs;
- Day care costs;
- Shared physical custody arrangements, including extended visitation;
- A party's other support obligation to another household;
- Income that should be imputed to be a party because of suppression of income;
- In-Kind income for the self-employed, such as reimbursed meals ot a company car;
- Other support a party is providing or will be providing; such as payment of a mortgage;
- A party=s own extraordinary needs, such as medical expenses;
- Extreme economic circumstances including but not limited to (a) unusually high debt structure; or (b) unusually high income of either or both parties, which will be construed as individual gross income of over $75,000 per annum;
- Historical spending in the family for children which varies significantly from the percentage table;
- Considerations of the economic cost-of-living facts or the community of each party, as determined by the judge presiding over the case;
- In-kind contribution of either parent;
- The income of the custodial parent;
- The cost of accident and sickness insurance coverage for the dependent children included in the Order;
- Extraordinary travel expenses to exercise visitation or shared physical custody;
- Any other factor which would be deemed to be required by the ends of justice, and which must be described in detail.
The courts will also look to which parent is providing and/or paying for health insurance for the minor children, as well as how uncovered medical expenses will be handled.
ALIMONY
Permanent alimony may be granted in cases of divorce, voluntary separation, or when one party, against the will of the other, is abandoned or driven off by the other spouse.
Factors a Court must consider in permanent alimony; (O.C.G.A.19-6-1)
- the standard of living established during the marriage;
- the duration of the marriage;
- the age and physical and emotional conditions of both parties;
- the financial resources of each party;
- the time necessary for either party to acquire sufficient education or training to enable him (or her) to find appropriate employment;
- the contributions of each party to the marriage, including but not limited to services rendered in homemaking, child care, education, and career building of the other party;
- the condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
- such other factors that the court deem just and reasonable.
TERMINATION OF ALIMONY:As a general rule, the following conditions will terminate alimony unless the divorce decree provides otherwise:
- Remarriage of former spouse
- Voluntary cohabitation of such former spouse with a third party in a meretricious relationship ( persons which live together continuously and openly in a relationship similar to that of marriage; including either sex or sharing of living expenses.
- Death of either spouse may terminate periodic alimony
GEORGIALAWYERS.BIZ © COPYRIGHT 2004 | LEGAL DISCAIMER | EMAIL WEBMASTER
