If you live in Georgia and are considering a divorce, you should know what the legal process and procedures are and what to expect.
You do not need a lawyer in order to get a divorce in Georgia.You may file pro se, which means that you may represent yourself and complete and file the divorce papers yourself.However, the clerks at the courthouse will give you no assistance in filling out the papers or checking to see if they are properly filled out. So if you decide to represent yourself, double-check all your forms and other paperwork to make sure that they are done properly, as some judges are more forgiving of mistakes than others.If you decide to retain a lawyer, he is responsible to make sure that the documents are correct and that your spouse is served with the documents.If your spouse is the one who has filed, you will have 30 days to answer their filing if you wish to contest any aspect of it.
The domestic relations affidavit is a document which sets out how much each of you make, the debts you owe, the assets you own, your monthly expenses, and, if applicable, the child support or alimony needed.The judge will take all of this into account when awarding child support and alimony, unless you and your spouse can come to an agreement beforehand on who will pay support and how much. The agreement is the document in which you spell out the division of property, both real and liquid; division of retirement accounts; child custody and visitation arrangements; provision for health and life insurance; amount of child support and alimony; and the allocation of any debts.You do not have to have the settlement agreement finished before you file, but it is best if it is completed before you go before the judge.Otherwise, the judge may decide or appoint someone to decide on the property division.The results of this might not be what you or your spouse desire.
Although Georgia still allows fault divorces, the most common grounds in Georgia is that the marriage is irretrievably broken.Grounds for fault divorces include adultery, desertion, impotence at the time of the marriage, force or fraud used in obtaining the marriage, cruelty, habitual drug addiction or intoxication, incarceration for more than two years if the crime involved moral turpitude, and mental illness.Filing for a fault divorce will not necessarily garner you a larger settlement and may prolong the process of divorce.
After the petition for divorce has been filed, the party who did not file must be served with the petition.You may do this yourself, or you may pay the sheriff's department to serve your spouse.If you retain a lawyer, very likely he will use the services of the sheriff's department.Costs for filing and for service vary from county to county, so check with the Clerk of the Superior Court in your county to find out the fees.If the settlement agreement is filed at the same time as the petition, the divorce can be granted in 30 days.However, if you and your spouse have not reached an accord on the settlement agreement, the case could last months or possibly years.The court will not issue a final decree of divorce until both parties come to an agreement, either by negotiating or by a trial.Either party to the divorce may ask for a jury trial.The jury can decide on everything except custody and visitation.Most trials do not involve a jury, which means that the judge makes the final decision on the property, child support, and custody and visitation issues for spouses who cannot agree.
Child support in Georgia is usually determined by a formula based on the number of children and a percentage of the gross income of the parent paying support.Support for one child is 17 to 23% of the parent's gross income; for two children, it is 23 to 28%; for three children, it is 25 to 32%; for four children, it is 29 to 35%; and for five or more children, it is 31 to 37%. Other factors may be taken into account, such as if a child has extraordinary needs like special educational or medical needs; if one parent makes substantially more than the other, especially if their yearly income is over $75,000; if one parent has very high debts or large expenses, such as medical bills; extended visitation; and the income of the custodial parent.Most judges will adhere closely to the guidelines.Child support may be modified after the divorce by petition to the court.The obligation to pay support does not end unless the court modifies the order, even if both parents agree to change the support amounts.There is no statue of limitations on collecting back child support.
In awarding custody, the judge will consider what is in the best interests of the child.The judge will look at the parents' wishes, living arrangements, the age and gender of the child, if there are siblings, the parents' relationship with the child, and the wishes of the child if the child is 14 or over.If the determination is difficult, the judge might approve a Guardian Ad Litem to investigate and recommend to the court which parent should obtain custody.Joint custody agreements are sometimes awarded as well.If a parent does not get custody, he will almost always get visitation.The exception would be if he were violent or harmful to the child in some other way.
Alimony is not often awarded in Georgia today.If the award is made, it is usually only awarded for a limited amount of time.In any event, it usually ends at the death or remarriage of the spouse receiving alimony.
Property division, if left to the courts, will usually be an equitable division.This means that property and debts will be divided in half.Exceptions would be property that either party brought into the marriage and kept separate throughout the entire marriage, such as a savings account.This property would remain with the spouse who originally had it.Debts attached to a piece of property, such as a loan for a car, usually remain with the property.
Several changes to Georgia law may be happening soon.There is a bill to expand the waiting period for a divorce from 30 days to 120 days, or to 180 days if there are children involved in the divorce.The bill will also require couples with children to undergo a class on the effects of divorce on children.Another bill would change the guidelines for child support to consider the incomes of both parents, not just the non-custodial parent.Before you file for divorce, check the latest Georgia divorce laws.
