Category Archives: Divorce
When and How Are Children’s Wishes Considered in Custody Cases?
In Georgia as in other states, judges deciding child custody matters must order parenting arrangements that are in the best interests of the children involved. This determination is based on numerous factors. Among them, Georgia law recognizes the importance of considering a child’s own preferences in appropriate cases. Depending on the child’s age and other […]
How Are a Couple’s Debts Split During a Divorce?
Going through a divorce can be emotionally taxing, especially when there are contested issues concerning finances. In Georgia, as in many other states, the division of the couple’s assets is controlled by the rule of equitable distribution. This means dividing property fairly but not always equally. Debts are divided according to the same principle, but […]
Unique Considerations Involved in a Gray Divorce
“Gray divorce” is a phrase that has gained popularity as the divorce rate among people over 50 years old has risen substantially in recent years. According to the American Bar Association, the 50+ demographic now accounts for about 25 percent of all divorces. Although the basics of divorce are the same regardless of age, there […]
Qualifying for Spousal Support After a Georgia Divorce
Spousal support, also known as alimony, may be awarded to a spouse in need of financial assistance after a divorce, provided that the other spouse has the ability to pay. Unless the parties come to an agreement about the amount and duration of support, the court will make the determination. By statute, Georgia courts may […]
How Child Support Is Calculated in Georgia
As in most states, child support that is ordered by a Georgia court is paid to the parent having primary custody of the children. At one time, Georgia calculated child support based solely on the income of the non-custodial parent having the obligation to pay. But in 2007, Georgia switched to a system that considers […]
Who Gets the Family Home in a Georgia Divorce?
Dividing property during a divorce can be a painstaking process, especially when there is contention over each spouse’s share of ownership. There is perhaps no asset more difficult to divide than the family home. This is often the spouses’ largest single piece of property and usually means more to them than a parcel of valuable […]
Important Steps to Take in Planning for Divorce
If you are considering a divorce, you should know that there are many steps you can take — even before you tell your spouse — that will help protect your rights and make the divorce process easier for you. This is a general list to help you get started. Take inventory of your assets and […]
Proving Paternity to Establish Entitlement to Child Support
Fathers have a legal duty to provide financial support for their minor children, but enforcing that duty depends on showing that paternity exists. This may require a separate legal proceeding if the presumed father denies the child is his. A man may dispute paternity or be unaware that he might have fathered a child. A […]
When and How Can Spousal Support Be Modified in Georgia?
After a divorce, one spouse may be entitled to receive financial support from the other. Spousal support, also commonly known as alimony, is most often awarded when one spouse has significantly less earning potential than the other and needs assistance to maintain a lifestyle at the level that existed during the marriage. Though support can […]
What Changes of Circumstances Justify Modification of Child Support?
Judges in the Georgia courts determine child support obligations according to state guidelines that take into account the child’s needs and each parent’s economic circumstances. However, those needs and circumstances are likely to change over time. If the changes are substantial enough, a modification of the original child support order may be possible. Generally, a […]
