Family Law

“Family Law”, sometimes referred to as “Domestic Relations Law” covers  a broad range of legal issues, including, but not limited to:  divorce, child custody, child support, paternity and legitimation, deprivation, and termination of parental rights.

Divorce

Marriage is a civil contract which the state has an interest in preserving. Indeed, under Georgia law, the institution of marriage carries with it certain rights and interests, the dissolution of which can be dissolved only as provided by law.  There must be a proceeding in the Superior Court and any separation decree or annulment must prove "grounds" or valid reasons prescribed by law.

What are the grounds for divorce in Georgia?

Georgia law provides for 13 grounds for divorce. Of the thirteen grounds, only one is considered “no-fault”.  To obtain a divorce on this basis (i.e. irretrievably broken), one party need only show 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.  The other 12 grounds for divorce in Georgia are "fault" grounds.  To obtain a divorce on one of the 12 "fault" grounds, one party must prove that there was some wrongdoing by the other party to the marriage. 
There are other requirements for getting a divorce in Georgia.  If you are contemplating divorce, you should always obtain legal advice from an attorney who is familiar with family law in Georgia, concerning you legal rights and responsibilities.

For couples with children, the welfare of the children is a major concern to the court.  Neither parent is automatically entitled to custody of the children.  If the parties are unable to resolve the issues of child custody,  then the court will try to determine what is in the best interest of the children and the Court will determine who will have legal and/or physical custody.  The legal custodian will have the power to make major decisions concerning the children (i.e. health, education, and welfare).  The physical custodian will be the parent with whom the children shall live with the majority of the time.  The court has the discretion to determine whether legal and physical custody will be held jointly or shared by both parents.

If the court awards (primary) physical custody to only one parent then the issues of visitation and child support for the non-custodial parent arise.  If the parties are unable to agree, the court will fashion a visitation schedule for the non-custodial parent.  However, it is usually in the best interest of everyone if the parents can work out a visitation schedule. 
As for child support, in Georgia both parents are required to support their children until they reach the age of majority, and in some cases beyond that.  The non-custodial parent will be required to pay child support pursuant to Georgia’s child support guidelines.  These guidelines were crafted by the Georgia legislature and are strongly supported by the courts.  Indeed, judges are required to follow the guidelines, and only in very limited circumstances, are they permitted deviate from them.  The guidelines establish an amount of child support as a percentage of the gross income of the non-custodial parent based upon the number of children for whom support is sought. 
Even if you and your spouse agree on all matters pertaining to getting a divorce, you should still seek legal advice to ensure that all issues that could arise are resolved.  Going forward without a lawyer could be a big mistake to the parties and the children and could end up costing everyone more in the long run.

Paternity and Legitimation

If a child is born out of wedlock, often paternity action, is the best method of obtaining child support from the biological father.  A paternity action may be filed by the child, the mother of the child, a relative in certain circumstances, the Department of Human Resources, and the (alleged) father.  On the other hand, a legitimation action can only be filed by the father of the child born out of wedlock.  Once paternity is established the court usually orders the father to pay child support.  Once the child is legitimated, the father now has standing to request visitation and even custody.

Alternative Dispute Resolution (ADR)

Many courts favor alternative dispute mediation, because it encourages parties to resolve their differences before, and often times, in lieu of a trial.  Mediation is a form of ADR commonly used in divorce and child custody cases and is required by many courts.  In fact, in certain jurisdictions, parties cannot be heard by a judge, even on a temporary basis, unless and until they have attempted mediation. 

Mediation is an efficient and less confrontational process, which generally saves the parties time and money.   In a trial, the parties have only one opportunity to present their case to a judge or jury.  After both sides have presented their case, it is out of their hands, and a decision is rendered.  There is there is only one winner and even then the winner generally is not satisfied with the outcome.   In contrast to a trial, the mediation process is simple and involves a neutral third party (the mediator) who is trained at facilitating discussions of the issues designed to bring the parties to resolution.  When the parties participate in the resolution it is generally a win-win situation and the parties are more apt to abide by their own decision.

Name Change

Adults and children (with the consent of their parents) may change their names by petitioning the court for a “legal” name change.  In order to change your name on legal documents, such as your driver’s license, birth certificate, or passport, can only be accomplished by court order.