For a law firm that represents plaintiffs:
What are the grounds for obtaining a divorce in Georgia?
Georgia recognizes both fault-based and "no fault" grounds for divorce. In a no-fault divorce, the dissolution of the marriage is based upon an irretrievable breakdown in the parties' marital relationship. To obtain a fault-based divorce, a party must establish one of the following:
- a spouse's insanity or mental incapacity at the time of the marriage;
- a spouse's impotency at the time of the marriage;
- adultery;
- desertion for a period one year without any reasonable cause;
- penal action against either spouse of any crime involving moral turpitude;
- routine drunkenness and addiction to drugs;
- commission of cruelty which endangers the life of a spouse;
- permanent mental disease;
- consent secured during the marriage by force, menace, duress or fraud;
- a wife's pregnancy by another man at the time of the marriage and the unawareness of that circumstance by the husband; or
- a spouse's incestuous conduct.
What is the difference between an annulment and divorce?
The basic difference between annulment and divorce is in the outcome of the two decrees. Divorce dissolves a valid marriage for causes ordinarily arising after the wedding ceremony or during the marriage. An annulment, on the other hand, declares that no valid marriage ever took place because the marriage was void or voidable for a reason or reasons that existed at the time of the wedding ceremony.
What are the grounds of annulment in Georgia?
A marriage may be annulled in Georgia if a spouse establishes any of the following:
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· the marriage was obtained by fraud (including the nondisclosure of pregnancy, venereal disease, or the intention not to assume the duties of a marital relationship);
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· physical incapacity of either spouse;
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· mental incapacity of either spouse;
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· one of the parties was underage at the time of the marriage;
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· the marriage was obtained by force or duress;
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· bigamy; or
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· consanguinity between the parties (that is, if the spouses are close relatives or if either party falls under the prohibited degree of relationship).
How is child custody determined in Georgia?
In Georgia, child custody determinations are based on the "best interests" of the child. Absent an agreement between the parties as to the issue of custody, courts consider several factors in making a custody award, including:
- the parents’ respective health and ages;
- the financial status of each parent;
- the parents’ character, personality, and willingness to have custody;
- the parents’ ability/capacity to care for the child's needs;
- the child's age and preference as to custody;
- any evidence of domestic violence on either parent's part; and
- any other issue deemed relevant by the court to determining the custody matter.
What is alimony?
Alimony, which is also called spousal support, is monetary compensation awarded by the court to one spouse (and is payable by the other spouse). In Georgia, alimony can be temporary or permanent and can be either a lump-sum payment or in the form of periodic payments. If the parties' separation was caused by a spouse's adultery or desertion, that spouse is not entitled to alimony.
Among the factors that courts consider in determining the amount of alimony to award are the following:
· the duration of the parties' marriage;
· the respective ages, physical and mental health, educational background, and employability of the spouses;
· the spouses' respective incomes and earning capacities, including assets and debts;
· the parties' standard of living;
· contributions by either spouse toward homemaking and childcare;
· the spouses' liability for child support;
· any evidence of domestic violence or physical abuse; and
· any other factor deemed relevant by the court to the issue of alimony.
How is child support determined in Georgia?
In Georgia, the calculation of child support is done based on the gross income of the non-custodial parent and the number of children to be supported by the parent. A parent's "gross income" covers salary, commissions, and income from self-employment, as well as amounts received as bonuses, overtime payments, severance pay, recurring income from pensions, interest and dividend income, trust income, capital gains, gifts, prizes, lottery winnings, and income from any other source. Once each parent's monthly gross income is determined, a "child support obligation table" is used to arrive at the basic child support obligation. Courts have the discretion, when determining child support, to take into account several factors that may warrant an adjustment in the support awarded, including: extraordinary medical costs (for both the child and for the spouse himself/herself); a spouse's support obligations to another household; extraordinary travel expenses to exercise visitation or shared physical custody; either parent's in-kind contributions; the parenting time exercised by a non-custodial parent; and income that should be imputed because of suppression of income.
A child support order may be modified at a later date by establishing substantial change in circumstances affecting the child or either parent.
For a law firm that represents defendants:
What are "marital property" and "separate property"?
Georgia classifies assets and properties acquired and possessed by the spouses as "marital property" and "separate property." Marital property encompasses all possessions and debts acquired during marriage. In Georgia, marital property is subject to equitable distribution during the divorce. Each spouse's separate property is excluded from distribution between the spouses on divorce. Separate property can consist of:
· property acquired before marriage;
· property inherited by a spouse during the marriage;
· property obtained by way of gift; and
· property that the parties have agreed to exclude from marital property list by way of separate agreement.
How is marital property divided in Georgia?
In Georgia, marital property is divided pursuant to principles of "equitable distribution." Only the assets and properties acquired by the property during the marriage are subjected to division. Any property acquired by the parties prior to the marriage or which the parties have agreed to exclude from equitable distribution is not divided during divorce settlement. In dividing the parties' marital property, courts consider a variety of factors, including:
- duration of the marriage;
- the parties’ respective incomes and earning capacities;
- the parties’ respective debts, liabilities, and needs;
- each party's needs; and
- the conduct of each spouse towards the other during the marriage.
Can child support orders be modified?
Yes. The amount of child support a party is required to pay may be modified upon evidence that there have been "changed circumstances." For example, there may be a substantial increase or decrease in the amount of the supporting parent's income. Or, the supporting parent may have lost his or her job. Or, the parent receiving the child support may have received an inheritance or has an increased ability to support the child. It is the court that determines whether the facts show a significant enough change that would warrant a modification (either an increase or decrease) in the amount of child support to be paid.
How does "collaborative law" work in the divorce context?
The collaborative family law process empowers spouses to dissolve their marriage with dignity and allows parties to protect their children from the strains of litigation, which can impose a personal responsibility in resolving conflict. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution. In the collaborative process, each spouse is responsible for gathering necessary information.
The collaborative family law process is a problem-solving method, which encourages mutual respect, provides for open communication, and prepares individuals for new lives.
Resource Links
State Bar of Georgia – Family Law Section: http://www.gabar.org/sections/section_web_pages/family_law/
State Bar of Georgia – Divorce: http://www.gabar.org/communications/consumer_pamphlet_series/divorce/
Georgia Department of Human Resources – Office of Child Support Services: http://ocse.dhr.georgia.gov/portal/site
Georgia Department of Public Health: http://health.state.ga.us/