Savannah Family Law Attorney

Commonly Asked Questions on Family Law

What are the Grounds For Divorce in Georgia?

Georgia is a no-fault divorce state, meaning you don’t need to prove wrongdoing by either spouse to obtain a divorce. The most common grounds are irreconcilable differences or the marriage being irretrievably broken. Fault-based grounds such as adultery or abandonment are also available but less commonly used.

How is Child Custody Determined in Georgia?

In Georgia, child custody decisions are based on the best interests of the child. Factors considered include the child’s age, each parent’s ability to provide a stable home environment, the child’s relationship with each parent, and any history of abuse or neglect. Custody can be awarded as joint or sole, depending on what the court determines is best for the child.

How is Child Support Calculated in Georgia?

Child support in Georgia is calculated using state guidelines that consider both parents’ incomes, the number of children, and other relevant factors. The guidelines aim to ensure that the child’s financial needs are met in proportion to the parents’ income. Deviations from the guideline amount can occur based on special circumstances.

What Factors are Considered in Determining Alimony or Spousal Support?

Alimony decisions in Georgia are based on factors such as the length of the marriage, the standard of living established during the marriage, the financial needs and resources of each spouse, and each spouse’s contribution to the marriage. Alimony can be temporary or permanent depending on the circumstances.

How is Marital Property Divided in Georgia?

Georgia uses the principle of equitable distribution to divide marital property. This means property is divided fairly, but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s contribution to the marital estate, and the economic circumstances of each spouse.

How Can I Obtain a Protective Order in Georgia?

To obtain a protective order, also known as a restraining order, you must file a petition with the court detailing the abuse or threats you’ve experienced. You may need to provide evidence and attend a hearing where a judge will decide whether to issue the order and what terms should be included to protect you.