DIRECTIONS TO OUR OFFICE

Commonly Used Terms in Domestic and Family Law Cases

Alimony

Allowances which the husband or wife is court ordered to pay the other spouse for maintenance while they are separated, or after they have divorced. The requesting spouse must prove “need” and “ability to pay”.

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, pursuant to Georgia’s child support guidelines O.C.G.A §16-9-15. These guidelines were crafted by the Georgia legislature and are strongly supported by the courts. 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.

Divorce

The legal separation of man and wife, affected by the judgment or decree of court, totally dissolving the marriage relationship. There must be a proceeding in the Superior Court and any separation decree or annulment must prove "grounds" or valid reasons prescribed by law.

• Contested Divorce: when the parties cannot agree on any or even one issue arising out of the divorce, or where the Defendant asserts a defense to the divorce to any or all parts of the divorce action.

• Uncontested Divorce: when parties can agree on the divorce and all of the issues arising out of the divorce action, it is considered uncontested and may be granted in a little as thirty one (31) days, with or without a court proceeding.

Grounds For Divorce

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.

Equitable Division (a.k.a. Equitable Distribution)

The division of marital property between the parties all property acquired during the marriage by the husband and/or the wife, whether legal title lies in the joint names or individual names.

Custody

The care, control and maintenance of a child which may be awarded by a court to one or both parents. 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.

•Legal Custody: grants power to make major decisions affecting the child's life/welfare (i.e. health, education, religion, recreation, etc.)

•Physical Custody: the physical custodian will be the parent with whom the child shall live with the majority of the time.

•Primary Physical Custody: the parent designated by the court to have physical custody. The parent who is given primary physical custody is generally referred to as the “custodial parent” and the other parent is designated as the “non-custodial parent”.

•Joint Custody: involves both parents sharing responsibility and authority with respect to the child. It may involve joint “legal” custody and/or joint “physical” custody. The court has the discretion to determine whether legal and physical custody will be held jointly or shared by both parents.

•Divided Custody: is where the child lives with each parent part of the year, with reciprocal visitation privileges. In Divided Custody arrangements the parent with whom the child is living has complete control over the child during that period.

Legitimation

A court action filed by the father of a 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 has standing to request visitation and custody.

Marital Property

Any and all property acquired by one or both of the parties during the term of the marriage. Marital property is subject to Equitable Division.

Paternity

If a child is born out of wedlock, often a 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.

Rule Nisi

A hearing held early on in the divorce action to determine temporary issues (i.e. custody, child support, alimony, etc.)

Separate Property

Any property acquired by a party prior to the marriage or purchased during the marriage with separate funds, i.e. funds that are not marital property. Separate property is “not” subject to Equitable Division.

Temporary Relief

Relief to a party on a temporary basis, pending the outcome of the divorce action. Some forms of “temporary relief” include:

• Temporary Alimony
• Temporary Custody
• Temporary Child Support
• Temporary use of the Marital Residence

Visitation

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.